The Indigenous Challenge to Westphalian Sovereignty

Abstract

Indigenous peoples achieved a diplomatic success in 2007 when the UN General Assembly overwhelmingly endorsed the Declaration on the Rights of Indigenous Peoples. This paper analyses why this occurred, and assesses what the Declaration means for state sovereignty. It highlights two reasons why the Global Indigenous Caucus gained widespread endorsement for a Declaration that strongly affirms Indigenous self-determination. First, as a transnational advocacy network the Caucus used a boomerang pattern of lobbying, by engaging the support of powerful allies. Second, the Caucus understood that the concerns of African states about territorial integrity differed from the concerns of states like Australia about external scrutiny of human rights. The Declaration enhances the likelihood of such scrutiny without threatening the territorial integrity of states.

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