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Part I The UNDRIP’s Relationship to Existing International Law, Ch.2 The Making of the UNDRIP

S James Anaya, Luis Rodríguez-Piñero

From: The UN Declaration on the Rights of Indigenous Peoples: A Commentary

Edited By: Jessie Hohmann, Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 24 June 2021

Indigenous peoples

This chapter traces the development of international standards on indigenous rights, providing a historical context of normative development in which one should view the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). While rooted in centuries-long dynamics of colonial dispossession and normative debates in Western legal thought, the development of the international indigenous rights regime is an historically recent process catalysed by the emergence of indigenous peoples as political actors in the international area, and the successful re-articulation of their historical demands and strategies to fit while creatively transforming the logics and mechanisms of the late-20th century human rights machinery. The achievements of this process, as well as the tensions inherent to it, are present in a new generation of international standards, now authoritatively captured in the UNDRIP.

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