Indigenous Land Rights in the Inter-American System

Indigenous Land Rights in the Inter-American System
Author: Mariana Monteiro de Matos
Publisher: BRILL
Total Pages: 358
Release: 2020-10-12
Genre: Law
ISBN: 9004411275

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Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.

A Guide to Indigenous Peoples' Rights in the Inter-American Human Rights System

A Guide to Indigenous Peoples' Rights in the Inter-American Human Rights System
Author: Fergus MacKay
Publisher: Copenhagen, Denmark : International Work Groups for Indigenous Affairs
Total Pages: 182
Release: 2002
Genre: History
ISBN:

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The Guide to Indigenous Peoples' Rights in the Inter-American Human Rights System is one of an IWGIA's handbook series and aims to provide indigenous peoples and organizations with practical information to support their effective use of Inter-American human rights mechanisms and procedures for the vindication of their rights. While these procedures are far from perfect and certainly will not remedy all human rights problems, their use by indigenous peoples has led to concrete gains at the national and local levels in the past and can be expected to continue to do so in the future. Their use also further reinforces and develops indigenous rights norms at the international level, which provides additional strength to local and national advocacy and reform efforts. The guide sets out in detail how the Inter-American human rights system works. It summaries what rights are protected, with a focus on those of particular importance to indigenous peoples. It also provides detailed guidance on how to submit petitions to the Inter-American Commission on Human Rights. Summaries of relevant cases and judgments that have already passed through the system or ones that are in progress are also included. These cases and judgments show how the system deals with indigenous rights and provide concrete examples of how a case can be moved through the system, a illustrating some of the points made in the section on how to submit a petition. Finally, the last chapter of the book deals with the Proposed American Declaration on the Rights of Indigenous Peoples. Throughout the text, links are made to web sites containing relevant documents and the full text of cases or reports discussed.

Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law
Author: Jérémie Gilbert
Publisher: BRILL
Total Pages: 349
Release: 2016-06-21
Genre: Law
ISBN: 9004323252

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This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights

The Inherent Rights of Indigenous Peoples in International Law

The Inherent Rights of Indigenous Peoples in International Law
Author: Antonietta Di Blase
Publisher: Roma TrE-Press
Total Pages: 331
Release: 2020-02-24
Genre: Law
ISBN: 8832136929

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This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.

Human Rights of Indigenous Peoples

Human Rights of Indigenous Peoples
Author: Aman Gupta
Publisher:
Total Pages: 320
Release: 2005
Genre: Human rights
ISBN: 9788182052055

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Indigenous Peoples, Title to Territory, Rights and Resources

Indigenous Peoples, Title to Territory, Rights and Resources
Author: Cathal M. Doyle
Publisher: Routledge
Total Pages: 367
Release: 2014-11-20
Genre: Law
ISBN: 1317703189

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The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Indigenous Peoples and Human Rights

Indigenous Peoples and Human Rights
Author: Ben Saul
Publisher: Bloomsbury Publishing
Total Pages: 248
Release: 2016-06-30
Genre: Law
ISBN: 1782252274

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Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms.

International Human Rights and Indigenous Peoples

International Human Rights and Indigenous Peoples
Author: S. James Anaya
Publisher: Aspen Publishing
Total Pages: 400
Release: 2009-09-30
Genre: Law
ISBN: 0735562482

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This exciting book is the only one of its kind. International Human Rights and Indigenous Peoples (Aspen Elective Series) will be the first published compilation of materials and commentary intended for use in courses focusing on the subject of indigenous peoples within the international human rights system. S. James Anaya, co-author of the well-known casebook, International Human Rights: Problems of Law, Policy and Practice, uses carefully edited material from varied sources to illustrate the major issues facing indigenous peoples today. This unique addition to the Elective Series features: complete or edited versions of all the major contemporary international documents concerning indigenous peoples--declarations, treaties, decisions, and interpretive statements by international human rights and other institutions on the topic--placed in the context of relevant historical antecedents. materials highlighting the major issues concerning indigenous peoples, including issues of self-determination, culture, lands and resources, collective rights, state responsibility for historical wrongs, and the meaning of the "indigenous" rubric. The issues are then linked to actual cases concerning or situations faced by indigenous groups. edited materials from a range of authors along with insightful commentary providing in-depth discussion of the issues and developments discussion of the international and domestic mechanisms by which human rights norms concerning indigenous peoples are implemented. This provides students with an understanding of the practical implications of the norms and their potential strategic value. background material on the authority and workings of the various international institutions that are addressing indigenous issues, enabling students to understand the legal or political significance of the relevant developments and place those developments within the broader context of the international human rights system An invaluable resource for any course dealing with international human rights, International Human Rights and Indigenous Peoples (Aspen Elective Series) has just the right mix of institutional and case material, historical background and recent developments, and perceptive commentary.