Redress for infringement of indigenous rights under international law: How fair are the remedies?
Ntayi Anfani Bandawa
Indigenous rights movement under the international law has led to the emergence of some international legal instruments that directly address the protection of the rights of indigenous peoples. This paper uses the scale of fairness to evaluate some of the provisions of the leading international legal instruments for the redress of infringements of the rights of indigenous peoples. To do this, the work first examines scholarly views of fairness. The paper does not propose a particular definition of fairness but finds that the central element of fairness in all the scholarly views is the concept of equality.