Indigenous Peoples and International Law

Project Director: Professor Megan Davis

Over the past four decades Indigenous Peoples have forged an important presence in the international system in particular in international human rights advocacy and most recently in the international trade system.  Indigenous involvement at the United Nations has been successful in raising awareness of Indigenous peoples rights. Indigenous peoples advocacy at the United Nations has led to the establishment of a number of mechanisms dealing specifically with Indigenous peoples issues and this includes the permanent body known as the Permanent Forum on Indigenous Issues, based in New York.

Indigenous advocacy at the United Nations Working Group on Indigenous Populations also led to the drafting of the Declaration on the Rights of Indigenous Peoples which was passed by the United Nations Human Rights Council in 2006 and adopted by the General Assembly in 2007.  The Working Group on Indigenous Populations has been the core body that has driven many of the initiatives and developments in international law benefitting Indigenous peoples.  It was situated at the lowest position on the United Nations hierarchy but its standard setting and review of developments mandate were crucial to increasing the world community’s understanding of inherent rights and also the knowledge of historical and contemporary violations of Indigenous rights.

This project aims to examine the scope of Indigenous peoples rights in international law. In particular this project will analyse the jurisprudence of the United Nations treaty bodies on Indigenous rights.  It will also examine and monitor the influence of the Declaration on the Rights of Indigenous Peoples in Australia.  More broadly it will examine the usefulness of international advocacy and international law to Indigenous peoples in Australia.

The ILC is interested in postgraduate students who are interested in Indigenous peoples issues in International law and are invited to contact the ILC Director: megan.davis@unsw.edu.au

The ILC Indigenous Peoples and International Law Resource Page lists information about Indigenous issues in International Law.