Document Type

Working Paper

Publication Date

2013

Keywords

identity, indigeneity, indigenous people, membership, United Nations Declaration

Abstract

The recognition of indigenous peoples’ right to determine their own membership is crucial to the survival of indigenous groups and for their ability to meaningfully exercise their right to self-determination. This chapter will begin with a discussion of who indigenous peoples are, and will then proceed to review the specific provisions of the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) as they pertain to indigenous-determined group membership and duties: Articles 9 (right to belong), 33 (right to determine membership), 35 (right to determine responsibilities of members), and 36 (right to maintain relations across borders). Together, these provisions reinforce the right of indigenous peoples to define themselves, both in terms of membership and geographic scope. These rights are not absolute, however, and are constrained by Articles 44 (gender equality) and Article 46 (compliance with international human rights standards).The following is a draft chapter from a forthcoming book, Oxford Commentaries on International Law: A Commentary on the United Nations Declaration on the Rights of Indigenous Peoples (Oxford University Press).

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