Kirsty Gover has posted: “Membership and Self-identification in The United Nations Declaration on the Rights of Indigenous Peoples: a Commentary on Article 33” on SSRN.

Here is the abstract:

This chapter addresses two broad themes within the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIPS): self-identification and membership, as addressed in international jurisprudence on UNDRIP Article 33.  The article protects the rights of Indigenous Peoples to ‘determine their own identity or membership in accordance with their customs and traditions’. It should be read with Article 9, which protects the right of individuals ‘to belong to an indigenous community or nation’. Together the articles protect both individual and collective self-identification, but UNDRIP does not specify what should happen when groups and individuals disagree on a person’s membership status. Recent applications of the UNDRIP in international forums link ‘self-identification’ to collective self-determination, in a way that prioritises the authority of group decisions on membership. This is a positive step that promises a more nuanced and jurisdictional approach to identity issues, one that supports the authority of Indigenous law and can potentially bring international human rights law closer to a fully realised appreciation of Indigenous-State legal pluralism. This chapter outlines the history of Article 33, discusses its recent application and interpretation and explains its potential impact on membership disputes.