The Legitimacy of Indigenous Peoples’ Rights Under International Law: Case Studies from the Americas

Intern: Benjamin Morgan, Ngāti Awa, University of Auckland

Supervisor: Associate Professor Claire Charters, Ngāti Whakaue, Tainui, Tūwharetoa, Ngā Puhi, University of Auckland

Summary

This summer internship project was a component of ongoing research on how the UN Declaration on the Rights of Indigenous Peoples has been and can be realised based on case studies where domestic law and policy has been reformed in response to international law relevant to Indigenous peoples. 

There is a lot to learn from Canada and Belize (amongst other jurisdictions) because they have led the way in providing for Indigenous peoples’ rights. 

Questions addressed included:

What were the specific political, social and legal contexts leading to incorporation of international law? 

What can Indigenous peoples and civil society do to expedite the incorporation of Indigenous peoples’ rights domestically? 

How can the international human rights framework support states in their journey towards realising of Indigenous peoples’ rights?