Four factors confirm the Declaration’s influence on the development of international law: 1. The Declaration is sourced from existing international human rights law . 8 The Declaration informs understanding of how these existing rights apply to Indigenous peoples. 9 2. The Declaration was supported by most countries , with only 4 voting against it - Canada, United States, New Zealand and Australia. 10 Australia and New Zealand have since given their formal support for the Declaration. At the time of writing, Canada and the United States had indicated they might do the same. 3. The Declaration is the result of a democratic and open process of negotiation . Both Indigenous peoples and governments were involved in negotiating the text. 11 The Declaration is evidence of the common ground between Indigenous peoples and the governments of the world. 12 4. The language used in the Declaration is similar to that used in a treaty. It contains obligations and responsibilities for governments to uphold. These factors give the Declaration legitimacy. 13 They give the Declaration political weight that can be used to influence law and policy reform in Australia. We can refer to these four factors when encouraging governments to take action to implement the Declaration 8|
Posted on: Tue, 02 Dec 2014 15:26:45 +0000
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