In this clip, I address first the right of minorities. I then move on to discuss the rights of indigenous peoples with a specific focus on some of the landmark cases of the Inter-American Court of Human Rights and the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
0:00 Introduction
0:37 What is a minority?
1:46 Minority rights in the ICCPR
2:36 The specificity of indigenous rights
3:38 Indigenous rights in the IACtHR
5:39 UNDRIP
7:24 Laggard states
Reading:
• Robert McCorquodale, "Group Rights", chapter 18 in Daniel Moeckli et al., International Human Rights Law (3rd ed., Oxford University Press, 2017)
• For a powerful critique of UNDRIP (some points are mentioned in the clip), see Karen Engle, "On fragile architecture: The UN Declaration on the Rights of Indigenous Peoples in the context of human rights," European Journal of International Law 22, no. 1 (2011): 141-163.
Reading questions:
• To what extent is the right to self-determination applicable to minority groups and indigenous peoples respectively?
• In what sense has the Inter-American system of human rights protection been at the forefront of protecting the rights of indigenous peoples?
Recommended podcast:
• "Robert Williams on the UN Declaration on the Rights of Indigenous Peoples", American Indian Airwaves, 31 August 2019 [58:33]
This video series was created for a third-year undergraduate course in international human rights law at University College Roosevelt in the Netherlands.
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