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.
Ben Saul is Professor of International Law at the University of Sydney.
Introduction: Indigenous Peoples and Human Rights: Institutions and Influences UN Treaty Committee Jurisprudence Regional Jurisprudence Background Influences on International and Regional Jurisprudence 1. Identifying `Indigenous' Peoples in International Law International Labour Organization Approaches United Nations Approaches Regional Approaches Conclusion 2. The United Nations Human Rights Committee and Indigenous Peoples Right to Self-Determination (ICCPR, Article 1) Right to Take Part in Cultural Life (ICCPR, Article 27) Other Civil and Political Rights Conclusion 3. Other UN Human Rights Treaty Bodies and Indigenous Peoples UN Committee on Economic, Social and Cultural Rights UN Committee on the Elimination of Racial Discrimination UN Committee on the Elimination of Discrimination Against Women UN Committee on the Rights of the Child UN Committee Against Torture Conclusion 4. Regional Human Rights Systems: Indigenous Property Rights in Land and Natural Resources Indigenous Rights in Property: Land and Natural Resources Inter-American Commission on Human Rights Inter-American Court of Human Rights African System: African Commission on Human and Peoples' Rights Conclusion 5. Regional Human Rights Systems: Indigenous Cultural, Socio-economic and Physical Integrity Rights Cultural Rights in Regional Jurisprudence Socio-economic Rights Violence and Excessive Law Enforcement Against Indigenous Peoples Indigenous Peoples in the European Human Rights Systems Conclusion Conclusion: Future Normative and Implementation Challenges