The Trail of Broken Dreams: The Status of Indigenous Peoples in International Law

This chapter attempts to define the current status of international law on indigenous peoples, in order to establish what the rights are that, when infringed, may entitle the communities concerned to claim reparations. After having examined the relevant international instruments and state practice,...

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Bibliographic Details
Published inReparations for Indigenous Peoples
Main Author Federico, Lenzerini
Format Book Chapter
LanguageEnglish
Published Oxford Oxford University Press 24.01.2008
Subjects
human rights
reparations
indigenous peoples
international law
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Summary:This chapter attempts to define the current status of international law on indigenous peoples, in order to establish what the rights are that, when infringed, may entitle the communities concerned to claim reparations. After having examined the relevant international instruments and state practice, it concludes that the right of indigenous peoples to enjoy, preserve, and transmit to future generations their distinctive identity is today recognized by customary international law ‘as a value perceived by the international community as a whole as worthy of protecting in itself’, translating into a correspondent state obligation ‘to ensure that the right in point is adequately preserved and safeguarded’. This right may feasibly translate into a number of prerogatives which – if infringed – may give title to reparation.
ISBN:0199235600
9780199235605
DOI:10.1093/acprof:oso/9780199235605.003.0004