Indigenous Peoples and Human Rights: International and Regional Jurisprudence

Indigenous Peoples and Human Rights: International and Regional Jurisprudence

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Overview

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.

Product Details

ISBN-13: 9781901362404
Publisher: Hart Publishing
Publication date: 09/01/2013
Pages: 248
Product dimensions: 6.73(w) x 9.60(h) x 0.78(d)

About the Author

Ben Saul is Professor of International Law at the University of Sydney.

Table of Contents

Acknowledgements v

Abbreviations ix

Table of Cases xiii

Table of Instruments xxiii

Introduction: Indigenous Peoples and Human Rights: Institutions and Influences 1

UN Treaty Committee Jurisprudence 2

Regional Jurisprudence 3

Background Influences on International and Regional Jurisprudence 4

1 Identifying 'Indigenous' Peoples in International Law 22

International Labour Organization Approaches 27

United Nations Approaches 30

Regional Approaches 41

Conclusion 52

2 The United Nations Human Rights Committee and Indigenous Peoples 54

Right to Self Determination (ICCPR, Article 1) 55

Right to Take Part in Cultural Life (ICCPR, Article 27) 59

Other Civil and Political Rights 74

Conclusion 82

3 Other UN Human Rights Treaty Bodies and Indigenous Peoples 84

UN Committee on Economic, Social and Cultural Rights 85

UN Committee on the Elimination of Racial Discrimination 96

UN Committee on the Elimination of Discrimination Against Women 116

UN Committee on the Rights of the Child 121

UN Committee Against Torture 128

Conclusion 129

4 Regional Human Rights Systems: Indigenous Property Rights in Land and Natural Resources 131

Indigenous Rights in Property: Land and Natural Resources 134

Inter-American Commission on Human Rights 134

Inter-American Court of Human Rights 144

African System: African Commission on Human and Peoples' Rights 159

Conclusion 163

5 Regional Human Rights Systems: Indigenous Cultural, Socio-economic and Physical Integrity Rights 165

Cultural Rights in Regional Jurisprudence 165

Socio-economic Rights 173

Violence and Excessive Law Enforcement against Indigenous Peoples 185

Indigenous Peoples in the European Human Rights Systems 200

Conclusion 204

Conclusion: Future Normative and Implementation Challenges 207

Index 211

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