Course Hero Logo

462 limited general limitation only by such

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 72 - 74 out of 81 pages.

46(2)– limited general limitation– only by such limitations as are determinedby law and in accordance with international human rights obligations. Shall benon-discriminatory and strictly necessary solely for the purpose of securitydue recognition and respect for rights and freedoms of others… and just in ademocratic society2.46(3)– The provisions set forth in this declaration shall be interpretedinaccordance with the principles of justice, democracy, respect for HRs, equality,non-discrimination, good governance and good faith.72
iv.Note breadth of the other provisionsof the Declaration.1.Includes range of general human rights guarantees (both civil & political andeconomic, social & cultural) applicable to individuals as well as collective rightsspecifically relevant to indigenous peoples.a.18 – Right to participate in decision-making in matters that would affect their rights…b.19 – States shall consult and cooperate in good faith… to obtain their free, prior andinformed consent before adopting and implementing legislative measures that mayaffect themc.20 – Right to maintain and develop their political, economic and social systems…i.Just and fair redress where deprived of means of subsistence anddevelopmentd.21 – Improvement of their economic and social conditions2.Note in particular provisions regarding land and resources.a.25 – Right to maintain and strengthen distinctive spiritual relationship with theirowned/occupied and used lands, territories, waters, etc.b.26 – Right to the lands, territories, and resources which they have traditionally owned,occupied or otherwise used or acquired…c.27 – Due recognition to their laws, traditions, customs and land tenure systems; and torecognize & adjudicate their rights to land, territories…d.28 – Right to redress for taken/occupied/used lands without FPICe.29 – Right to the conservation and protection of the environmentf.32 – Right to determine and develop priorities for development of lands / States shallconsult and cooperate in good faith and obtain FPIC of any project affecting their landsor territories and other resources; States shall provide effective mechanisms for justand fair redress to mitigate adverse environmental, economic, social, cultural orspiritual impact of any such activities.v.Status of the Declaration: Very great support, but non-legally binding.1.Adopted by the General Assembly on 13 September 2007a.Vote was 144 states in favour, 4 states against(Australia, Canada, New Zealandand the United States) and 11 abstentions(Azerbaijan, Bangladesh, Bhutan,Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa andUkraine).b.By end of 2010, all four states that voted against had expressed support for theDeclaration;i.Canadadid this on 12 November 2010.The “Statement on Support onthe United Nations Declaration on the Rights of Indigenous Peoples”asserts:1.The Declaration is anaspirational documentwhich speaks tothe individual and collective rights of Indigenous peoples, takinginto account their specific cultural, social and economiccircumstances. Although the Declaration is anon-legallybindingdocument that doesnot reflect customaryinternational law nor change Canadian laws, ourendorsement gives us the opportunity to reiterate ourcommitment to continue working in partnership with Aboriginalpeoples in creating a better Canada.

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 81 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Summer
Professor
N/A

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture