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This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

Patrick Thornberry

Inter-American system and indigenous peoples 11 The Inter-American system and indigenous peoples The OAS The importance of the Americas in historical discourses on indigenous peoples1 and for the contemporary growth of indigenous consciousness in international law has been commented upon above.2 Many of the world’s indigenous peoples are found within the jurisdictions of the member States of the Organisation of American States (OAS).3 The OAS is the latest of a succession of American organisations,4 and was established at the Ninth International Conference of

in Indigenous peoples and human rights
Patrick Thornberry

Emerging standards specific to indigenous peoples 15 The UN draft Declaration on the Rights of Indigenous Peoples An antidote for a troubling reality (Matthew Coone Come)1 An explanation of the chapter The draft Declaration on the Rights of Indigenous Peoples has been referred to at many points in the present text, and the content has been briefly summarised in an earlier chapter. Inter alia, it has been utilised as a statement of indigenous claims, a guide to understanding the indigenous concept, and a ‘heuristic’ or standard to measure the development of

in Indigenous peoples and human rights
Patrick Thornberry

Proposed American Declaration on Rights of Indigenous Peoples 16 The Proposed American Declaration on the Rights of Indigenous Peoples Emergence of the Proposal Following a resolution of the OAS General Assembly – itself prompted by the Inter-American Commission on Human Rights1 – the IACHR began consultations in 1992–93 ‘Concerning the Future Inter-American Legal Instrument on Indigenous Rights’,2 having recognised the need for such an instrument from the late 1980s.3 The consultations eventuated in a ‘Draft of the Inter-American declaration on the Rights of

in Indigenous peoples and human rights
The experience of the Subanon in the Philippines
Cathal Doyle

182 Chapter 9 CERD, the State, mining corporations and indigenous peoples’ rights: the experience of the Subanon in the Philippines Cathal Doyle* Introduction In 1997, the Philippines Congress passed the Indigenous Peoples’ Rights Act (IPRA), a law which effectively incorporated the then draft UN Declaration on the Rights of Indigenous Peoples into the national legislative framework, providing for the recognition of indigenous peoples’ ancestral domain and self-​determination rights.1 This led to the establishment of the National Commission on Indigenous

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination
Jérémie Gilbert

91 Chapter 4 CERD’s contribution to the development of the rights of indigenous peoples under international law Jérémie Gilbert* Introduction The rights of indigenous peoples under international human rights law have greatly evolved in the last two decades, notably with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007 which came to light after more than twenty years of negotiations.1 In terms of international legal standards, there are two main approaches to the rights of indigenous peoples, one stemming from

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination
Public discourse and the conditions of silence
Elizabeth Furniss

In this chapter I explore discussions between indigenous and non-indigenous peoples engaged in public debates about the history of colonisation in settler-colonial societies. In advocating for recognition of Aboriginal title and rights in their attempt to secure a more favourable position vis-à-vis the dominant settler society, what are the strategies used by indigenous peoples to challenge the foundational settler histories that pervade popular understandings of history? What forms of representation

in Rethinking settler colonialism
A reflective narrative
Patrick Thornberry

Indigenous peoples and HR 17 Indigenous peoples and the discourses of human rights: a reflective narrative The system of human rights is not closed. It is theoretically possible that forms of closure of normative categories will in time descend on indigenous groups, disabling the groups (normatively) from accessing minority rights, just as minorities are not encouraged to access indigenous rights. Such an outcome is not certain, and appears improbable in the present state of international law and relations. Closing off categories is also dubious morally and

in Indigenous peoples and human rights
Patrick Thornberry

Regional HR protection and indigenous groups 10 The African Charter on Human and Peoples’ Rights; African perspectives on indigenous peoples The strictures of Special Rapporteur Alfonso Martinez concerning the concept of indigenous peoples in Africa and Asia will be recalled. His comments flag up the possibility that indigenousness raises difficult questions for African States, most of which are relatively recent beneficiaries of the decolonisation movement, and governed by indigenous political élites. African States, according to one author, represent a mixture

in Indigenous peoples and human rights
Patrick Thornberry

Racial Discrimination Convention 8 Racial discrimination and indigenous peoples – in particular under the Racial Discrimination Convention Introduction The major instrument of the UN devoted to the issue of race discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination (ICEARD). The Convention – preceded by a Declaration on the same subject1 – was adopted by the GA on 21 December 1965 by 106 votes to 0,2 and entered into force on 4 January 1969.3 By December 2001, the Convention had 161 States’ parties. The text

in Indigenous peoples and human rights