Indigenous Peoples’ Rights in Constitutions Assessment Tool
Indigenous Peoples’ Rights in Constitutions Assessment Tool

Author: Amanda Cats-Baril

Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)

Published: 2020-08-09

Total Pages: 228

ISBN-13: 9176713245

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The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.

The United Nations Declaration on the Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples

Author: Damien Short

Publisher: Routledge

Published: 2020-12-17

Total Pages: 344

ISBN-13: 1000258904

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The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.

The UN Declaration on the Rights of Indigenous Peoples
The UN Declaration on the Rights of Indigenous Peoples

Author: Jessie Hohmann

Publisher: Oxford University Press

Published: 2018-03-09

Total Pages: 657

ISBN-13: 0191653985

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The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

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

Published: 2020-02-24

Total Pages: 331

ISBN-13: 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.

Traditional, National, and International Law and Indigenous Communities
Traditional, National, and International Law and Indigenous Communities

Author: Marianne O. Nielsen

Publisher: University of Arizona Press

Published: 2020-05-05

Total Pages: 225

ISBN-13: 0816540411

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This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Indigenous peoples and human rights
Indigenous peoples and human rights

Author: Patrick Thornberry

Publisher: Manchester University Press

Published: 2013-07-19

Total Pages: 502

ISBN-13: 1847795145

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This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in different cultures, including America, Africa and Australia. It defines "indigenous peoples" and looks at their position in international law.

Making the Declaration Work
Making the Declaration Work

Author: Claire Charters

Publisher: International Work Group for Indigenous Affairs

Published: 2009

Total Pages: 404

ISBN-13:

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"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.

Land and Cultural Survival
Land and Cultural Survival

Author: Jayantha Perera

Publisher: Asian Development Bank

Published: 2009-09-01

Total Pages: 326

ISBN-13: 9292547135

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Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.

Climate Change and Indigenous Peoples in the United States
Climate Change and Indigenous Peoples in the United States

Author: Julie Koppel Maldonado

Publisher: Springer

Published: 2014-04-05

Total Pages: 178

ISBN-13: 3319052667

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With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.