Aboriginal Policy Research Consortium International (APRCi)


Martin Scheinin

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Aboriginal Policy Research Consortium International (APRCi)


his paper presentes the evolving understanding of indigenous peoples' land rights under the International Covenant on Civil and Political Rights (ICCPR), as reflected in the practice of the Human Rights Committee (HRC), the monitoring body established under the ICCPR. The discussion is based on cases decided under the Optional Protocol to the Covenant, on the Committee's general comments and on the Committee's consideration of periodic reports by States parties. As to the points of entry to the discussion on land rights, two provisions of the ICCPR are identified: the right of all peoples to self- determination (Article 1) and the protection afforded, under the notions of 'culture' and 'minority' in Article 27, to indigenous peoples' rights related to lands and resources.

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