2006 6 Chávez
16431 12
WWDD
1652007 1
African Union
166
political capital
1672007 5
hard negotiation
46
168!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
164 A/HRC/RES/1/2
165 WWDD Geneva
WTO Megan Davis, To Bind or Not to Bind: The United Nations Declaration on the Rights of Indigenous Peoples Five Years On, 19 AU INT LAW JL 17, 22 (2012).
166 Karen Engle, On Fragile Architecture: The UN Declaration on the Rights of Indigenous Peoples in the Context of Human Rights, 22 EUR.J.INT'L L. 141, 145-146 (2011). See also Decision On The United Nations Declaration On The Rights Of Indigenous Peoples, UN Doc. Assembly/AU/9 (VIII) Add.6.
167 Deer, supra note 145, at 25.
168 46
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4 2007 1993
2007
170
2007 1993
WGIP
3
Article 3Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Article 3
Indigenous peoples have the right of self- determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
18
Article 18Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own
Article 19
Indigenous peoples have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through representatives chosen by themselves in
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169 Deer, supra note 145, at 25; Engle, supra note 166, at 146; Davis, supra note 137, at 456-458.
2007 IWGIA, Final adoption of the UN declaration
on the Rights of Indigenous Peoples deferred by African states, http://www.iwgia.org/human- rights/international-human-rights-instruments/undeclaration-on-the-rights-of-indigenous-peoples/a-brief-history/iwgia-update-on-african-position-2006-2007 2015 5 15
Indigenous Peoples Caucus 2007 9 Statement By
Regional Steering Committee Of The Indigenous Peoples Caucus (4 September 2007),
http://www.iwgia.org/images/stories/int-processes-eng/decl-rights-ind-peop/docs/07-09-04CaucusDecisionSupportDeclaration.pdf 2015 5 15
170
http://ctm-indigenous.vm.nthu.edu.tw/about-database/foregin-organization/61-2015-04-03-11-34-33 2015 5 12
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indigenous decision making institutions.
accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
19
Article 19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
Article 20
Indigenous peoples have the right to participate fully, if they so choose, through procedures determined by them, in devising legislative or administrative measures that may affect them.
States shall obtain the free and informed consent of the peoples concerned before adopting and implementing such measures.
25
Article 25Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
Article 25
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual and material relationship with the lands, territories, waters and coastal seas and other resources which they have traditionally owned or otherwise occupied or used, and to uphold their responsibilities to future generations in this regard.
26 1.
2.
3.
Article 26
1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
Article 26
Indigenous peoples have the right to own, develop, control and use the lands and territories, including the total environment of the lands, air, waters, coastal seas, sea-ice, flora and fauna and other resources which they have traditionally owned or otherwise occupied or used. This includes the right to the full recognition of their laws, traditions and customs, land-tenure systems and institutions for the development and management of resources, and the right to effective measures by States to prevent any interference with, alienation of or encroachment upon these rights.
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Article 28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
Article 27
Indigenous peoples have the right to the restitution of the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, occupied, used or damaged without their free and informed consent. Where this is not possible, they have the right to just and fair compensation.
Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal
Article 32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact
Article 30
Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands, territories and other resources, including the right to require that States obtain their free and informed consent prior to the approval of any project affecting their lands, territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
Pursuant to agreement with the indigenous peoples concerned, just and fair compensation shall be provided for any such activities and measures taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.