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Part I The UNDRIP’s Relationship to Existing International Law, Ch.1 Who Are ‘Indigenous Peoples’?: An Examination of Concepts Concerning Group Membership in the UNDRIP

Joshua Castellino, Cathal Doyle

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: 15 May 2021

Indigenous peoples — Self-determination — Minorities

This chapter assesses the question of the people and peoples to whom the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) applies, tracking the concepts of person, persons, groups, people, and peoples in international law, and the UNDRIP's contribution to these concepts. The opening section of the chapter illustrates that the status of indigenous peoples in customary international law stands closer to peoples in the continuum between minorities and peoples. Minorities, while gaining the right to protection and promotion of their group identity, do not automatically gain the right to self-determination. Indigenous peoples ought to, but their rights towards this are constrained by state interests.

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