|
|
|
Specific
Instruments |
Permanent Sovereignty over Natural Resources |
 |
Date of adoption:
1962 |
Entry into
force:
- |
System of protection:
Universal |
Convention concerning Indigenous and Tribal Peoples in Independent Countries |
 |
Date of adoption:
27/6/1989 |
Entry into
force:
5/9/1991 |
System of protection:
Universal |
Draft Declaration on the Rights of Indigenous Peoples |
 |
Date of adoption:
23/8/1993 |
Entry into
force:
- |
System of protection:
Universal |
Draft United Nations declaration on the rights of indigenous peoples |
 |
Date of adoption:
26/8/1994 |
Entry into
force:
- |
System of protection:
Universal |
Proposed American Declaration on the Rights of Indigenous Peoples |
 |
Date of adoption:
26/2/1997 |
Entry into
force:
- |
System of protection:
Organization of American States |
Interamerican Declaration on the Rights of Indigenous People (Draft) |
 |
Date of adoption:
18/9/1995 |
Entry into
force:
2000 |
System of protection:
Organization of American States |
World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: Declaration and Programme of Action |
 |
Date of adoption:
8/9/2001 |
Entry into
force:
- |
System of protection:
Universal |
|
|
|
General
Instruments |
 |
Vienna Declaration and Programme of Action |
 |
Date of adoption:
25/6/1993 |
Entry into
force:
- |
System of protection:
Universal |
American Convention on Human Rights (Pact of San Jose, Costa Rica) |
 |
Date of adoption:
22/11/1969 |
Entry into
force:
18/7/1978 |
System of protection:
Organization of American States |
Universal Declaration of Human Rights (UDHR) |
 |
Date of adoption:
10/12/1948 |
Entry into
force:
- |
System of protection:
Universal |
African Charter on Human and Peoples' Rights (Banjul Charter) |
 |
Date of adoption:
27/6/1981 |
Entry into
force:
21/10/1986 |
System of protection:
Organization of African Unity |
|
|
|
Articles |
 |
Restitution as a Precondition of Reconciliation: Native Hawaiians and Indigenous Human Rights |
 |
Haunani-Kay TRASK |
Latest update:
20/02/2004 |
First published:
12/2002 |
Reference:
Borderlands e-journal, On What Grounds? Sovereignties, Territorialities and Indigenous Rights, Volume 1, No.2, 2002 |
Haunani-Kay Trask, an indigenous hawaiian academic and nationalist, argues that colonial crimes must be addressed before indigenous peoples can secure rights, principally rights to self-government, land, nationality, etc, and move on. |
United Nations Human Rights Apparatus for the Protection of Indigenous Peoples |
 |
JOE WASHINGTON |
Latest update:
19/07/2003 |
First published:
1998 |
Reference:
Mediterranean Journal of Human Rights, Vol 2, Number 2, 1998 |
Definition and characteristics of indigenous peoples in light of U.N. documents and practice - U.N. documents providing protection for indigenous peoples and minorities - Whether indigenous peoples possess a right to self-determination? |
La protection des droits des peuples autochtones et de leurs membres dans les Amériques |
 |
Carol HILLING |
Latest update:
28/01/2003 |
First published:
1996 |
Reference:
(1996) 41 R.D. McGill 855 |
This article focuses on the Draft of the Inter-American Declaration on the Rights of Indigenous Peoples, the first version of which was adopted on September 18, 1995 by the Inter-American Commission on Human Rights. |
Affirming Indigenous Rights: A Queensland Frieze |
 |
Peter GROSE |
Latest update:
30/12/2002 |
First published:
1997 |
Reference:
Volume 4 Number 1 (1997) Australian Journal of Human RIghts Law |
This article points to the necessity of a re-examination of the current political and legal structures of contemporary Australia - Rights of indigenous peoples |
An Australian Nunavut? A Comparison of Inuit and Aboriginal Rights Movements in Canada and Australia |
 |
Matthew MILLER |
Latest update:
30/12/2002 |
First published:
1998 |
Reference:
Volume 12 / Spring 1998 / Number 2 Emory International Law Review |
Comparison between two of the most visible indigenous rights movements in the world from human rights perspective |
Le droit des minorités canadiennes (l'exemple des Cris) |
 |
Stéphane GUILLAUME |
Latest update:
30/12/2002 |
First published:
5/2001 |
Reference:
Les Cahiers Rémois, mai 2001, No. 3 |
The rights of the Crees as a Canadian minority. Minorities and peoples under international law – "Indigeneity" of the Crees – International and Canadian development of indigenous law. |
Indigenous Peoples and TNC's pressure |
 |
Lorenzo NESTI |
Latest update:
28/12/2002 |
First published:
20/7/2002 |
Reference:
Centro Interdipartimentale di Studi sull'America Latina |
The topic dealt with in this article is the "struggle" of many indigenous peoples to preserve their land and environment and the need to give them a legal instrument to enhance their rights to an effective and culturally appropriate participation |
Articulating Self-Determination in the Draft Declaration on the Rights of Indigenous Peoples |
 |
Caroline FOSTER |
Latest update:
18/12/2002 |
First published:
2001 |
Reference:
Vol. 12 (2001) EJIL 141 |
Report on the negotiations on the draft Declaration on the Rights of Indigenous Peoples |
|
|
|
Websites |
 |
Fourth World Documentation Project (Chief George Manuel Memorial Library) |
Languages:
English |
   |
Over 1000 documents, reports, and publications from indigenous nations available online. Documents organized by region - Tribal and Inter-tribal resolutions and papers - Internationally-focused documents - UN documents - Treaties and agreements. |
Indigenous & Tribal Peoples Centre |
Languages:
English Spanish |
   |
Traditional Values and Cultures - Legal Framework and Indigenous Rights - Case studies – New Projects - Publications – News selection – Links – Information on various institutions and activities: workshops, conferences, meetings… |
Indigenous Peoples |
Languages:
English French Spanish |
   |
Aims: to provide practical information, and access to resources (from articles and training tools to directories); to encourage indigenous peoples participation in decision-making; and to promote information exchange among indigenous organizations. |
International Indian Treaty Council |
Languages:
English Spanish |
   |
Draft Declaration - Urgent Actions - Upcoming events - Informative and interesting Website. |
IWGIA - International Work Group for Indigenous Affairs |
Languages:
English Spanish |
   |
Indigenous issues - Indigenous peoples and Human Rights - Publications in several languages - Forums and UN documentation - Links to international and local indigenous organizations. |
UN High Commissioner for Human Rights, Indigenous Peoples homepage |
Languages:
English French Spanish |
   |
Info on UN activities in the field of Indigenous rights, including the International Decade of the Worlds Indigenous People, Permanent Forum on Indigenous Issues, Special Rapporteur, Working Group on Indigenous Populations, and Draft Declaration. |
Indigenous Peoples' Human Rights Project |
Languages:
English |
  |
Joint initiative between University of Minnesota Human Rights Center and the International Indian Treaty Council - Brief background info - various case studies - economic situation - Role of the UN - Draft Declaration - Other non-specific instruments |
Survival International |
Languages:
English French Italian Spanish |
  |
Detailed information about 80 different tribes - News - Defending the rights of tribal peoples. |
The Human Rights of Indigenous Peoples |
Languages:
English |
  |
Info provided by the People's Movement for Human Rights Education. Lists rights particularly relevant to indigenous peoples and excerpts from various international instruments detailing governments' obligations and commitments. |
DLN (Dakota-Lakota-Nakota) Human Rights Advocacy Coalition |
Languages:
English |
 |
Grassroots movement in South Dakota, USA, for protection of indigenous treaties and human rights. Info includes reports and recent events re: international rights in general, civil rights, native children and family rights, land and cultural rights. |
DoCip - Indigenous Peoples' Center for Documentation, Research and Information |
Languages:
English French Spanish |
 |
Calender of events, esp. UN - Quarterly review "Update" - Links to other indigenous resources - Information about doCip. |
|
|
|
Selected
Case Law |
 |
Francis Hopu and Tepoaitu Bessert v. France |
 |
Date:
29/12/1997 |
Decision-making body:
Human Rights Committee |
Legal reference:
Communication No 549/1993 : France. 29/12/97. CCPR/C/60/D/549/1993/Rev.1 |
Dispossession by the State of the ancestral territory of members of an indigenous population - Violation of Articles 17(1) and 23(1) - Notion of family. |
Ilmari Länsman et al v. Finland |
 |
Date:
8/11/1994 |
Decision-making body:
Human Rights Committee |
Legal reference:
Communication No 511/1992 : Finland. 08/11/94. CCPR/C/52/D/511/1992 |
Reindeer farm run by members of the Sami people - Difficulties owing to the operation of a quarry on their territory - Communication based on Article 27 - No violation. |
Ominayak and the Lubicon Lake Band v. Canada |
 |
Date:
10/5/1990 |
Decision-making body:
Human Rights Committee |
Legal reference:
CCPR/C/38/D/167/1984 |
Claim of cultural expropriation based on private exploitation of indigenous lands (in the province of Alberta) authorized by Canada - Inadmissible based on Article 1 (self-determination) - Violation of article 27. |
Ivan Kitok v. Sweden |
 |
Date:
10/8/1988 |
Decision-making body:
Human Rights Committee |
Legal reference:
CCPR/C/33/D/197/1985 |
Legal restrictions on the rights of members of the Sami indigenous community - Communication inadmissible based on Article 1 (self-determination) - Violation of Article 27. |
Mikmaq Tribal Society (AD) v. Canada |
 |
Date:
29/7/1984 |
Decision-making body:
Human Rights Committee |
Legal reference:
CCPR/C/22/D/78/1980 |
Claim for recognition of the right to self-determination of an autonomous people -Individual communication based on Article 1 - Question of representation of indigenous people - Concept of victim - Inadmissible based on Articles 1, 23 and 27. |
Sandra Lovelace v. Canada |
 |
Date:
30/7/1981 |
Decision-making body:
Human Rights Committee |
Legal reference:
CCPR/C/13/D/24/1977 |
Loss of membership status of a woman belonging to an indigenous minority following marriage to a non-indigenous man - Legislation found to be discriminatory on the basis of sex - Violation of Article 27. |
|
|
|
Case Law
Websites |
 |
Commonwealth Human Rights Case Law Database (The) |
Languages:
English |
  |
Allows you to browse or search for summaries of recent human rights decisions from national courts in Commonwealth jurisdictions. |
Council of Europe - Human Rights Web |
Languages:
English French |
  |
Search the case-law of the European Convention on Human Rights control bodies. |
International Human Rights Law Database (The) |
Languages:
English |
    |
A resource for those seeking summaries and commentaries on international human rights case law, the database allows searches by text, 47 subjects, 81 states, 9 treaties, 9 decisionmaking bodies, and date. A powerful and quick database. |
Repertorio de Jurisprudencia del Sistema Interamericano de Derechos Humanos |
Languages:
Spanish |
    |
Directory of the case law of the Inter-American Court 1980 - 1997. |
|
|
|
Reports |
 |
The Indigenous World |
 |
International Work Group for Indigenous Affairs (IWGIA) |
Date:
7/2003 |
Reference:
contact: iwgia@iwgia.org |
Source:
IWGIA |
Published annually in July - State of affairs - Indigenous peoples - Global view - Recent editions available in English PDF. |
Durban Declaration and Programme of Action |
 |
HCNUDH / OHCHR |
Date:
8/9/2001 |
Reference:
HCNUDH / OHCHR |
Source:
Office of the United Nations High Commissioner for Human Rights |
Reference material gives researchers and human rights law practitioners access to key human rights instruments and other essential information.
The Declaration and the Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. |
Racism, Racial Discrimination, Xenophobia and Related Intolerance - Report of the Special Rapporteur |
 |
Maurice Glèlè-Ahanhanzo (Rapporteur spécial sur les formes contemporaines de racisme, de discrimination raciale, de xénophobie et de l'intolérance qui y est associée / Special Rapporteur on Contemporary forms of Racism, Racial Discrimination, ...) |
Date:
6/2/2001 |
Reference:
Distr. GENERAL, E/CN.4/2001/21, 6 February 2001 |
Source:
United Nations Commission on Human Rights |
A highlight of this report is the Cuban Government's analysis of the origin and persistence of racism and racial discrimination, as well as of the measures intended to combat these scourges in the context of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
The Special Rapporteur has drawn attention to the manifestations of anti-Semitism which have occurred in Australia, Austria, Germany, Russia, Ukraine and the United Kingdom. He also deals with racist violence and the activities of far-right and neo-Nazi organizations in Austria and Norway.
He also discusses racial discrimination in the application of the death penalty in the United States of America, environmental racism and racial discrimination in efforts to curb the drug traffic in that country and presents information on the situation of the Dalits in India.
The allegations examined by the Special Rapporteur concern Austria, Canada, Colombia and Israel. |
United Nations Guide for Indigenous Peoples |
 |
- |
Date:
2001 |
Reference:
ISSN 1020-9352 |
Source:
Office of the High Commissioner for Human Rights, United Nations Office at Geneva |
"...Designed to provide indigenous peoples with practical information on the operations and procedures of the UN and its various agencies related to human rights and development.... This information set outlines the way in which these organizations and agencies are working to improve the situation of indigenous peoples around the world and discusses how indigenous peoples can participate in such activities.... (It is) divided into different leaflets, each focusing on a particular topic, so you can explore specific issues of concern ... The first part of this set provides background information on human rights within the UN system. The second part outlines how the UN system is addressing issues of major concern to indigenous peoples, including human rights, the environment, development, health and education." (From Introduction) |
United Nations Guide for Indigenous Peoples |
 |
HCDH / OHCHR |
Date:
2001 |
Reference:
United Nations Guide Series, No. 1 |
Source:
Office of the United Nations High Commissioner for Human Rights |
The United Nations Guide series is published by the Office of the High Commissioner for Human Rights, United Nations Office at Geneva.
Training and educational material - an information set for indigenous peoples on UN operations and procedures. |
For the Record 2001: The United Nations Human Rights System |
 |
Human Rights Internet |
Date:
2001 |
Reference:
Human Rights Internet, 2001 |
Source:
Human Rights Internet |
FTR is an electronic annual report that provides summaries of relevant human rights information generated within the UN system. An important reference tool for those active in national and international social justice movements, the report also aids in simplifying the human rights work of the UN for the uninitiated, members of national legislative assemblies, journalists, students, teachers and the general public.
Produced with the support of the Canadian Department of Foreign Affairs and International Trade since 1997, the report is organized thematically as well as by country and covers all relevant UN documentation over a full calendar year. These include: State reports prepared for the six human rights treaty bodies and the concluding observations of the experts who review those reports; documentation, resolutions and decisions by various UN system bodies. |
The Rights of Indigenous Peoples |
 |
HCDH / OHCHR |
Date:
7/1997 |
Reference:
Fact Sheet No.9 (Rev.1) |
Source:
Office of the United Nations High Commissioner for Human Rights |
The human rights Fact Sheet Series is published by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva. |
|
|
|
Books |
 |
Indigenous Peoples in International Law |
 |
James ANAYA |
Reference:
Oxford, Oxford University Press, 1996 |
Languages:
English |
Development of international law and its employment to justify the colonization and dispossession of indigenous peoples - Development of the norm of self-determination; different definitions – Monitoring and complaint procedures available. |
International Law and the Rights of Minorities |
 |
Patrick THORNBERRY |
Reference:
Oxford, Clare Press, 1991 |
Languages:
English |
This book is an in-depth study of modern international law applicable to minorities. Definition of minority in legal terms – Minority protection under modern international law – Specific minority rights – The idea of "special treatment"… |
Treaties and Indigenous Peoples |
 |
Ian BROWNLIE |
Reference:
Oxford, Clarendon Press, 1992 |
Languages:
English |
The book essentially revolves around the Treaty of Waitangi (1840) which was made by the Queen of England and the Confederation of chiefs and subtribes of New Zealand (about the recognition of group rights within a colonial framework). |
Human Rights and Indigenous Peoples |
 |
J DAS |
Reference:
Delhi, A.P.H. Publishing Corporation, 2001 |
Languages:
English |
Indigenous Peoples- Evolution of international law- Domestic and international- Domestic institutions and procedures in India. |
Indigenous Peoples and Human Rights |
 |
Patrick THORNBERRY |
Reference:
New York, Juris Publishing Inc, 2002 |
Languages:
English |
Indigenous peoples - Various regions - Historical, cultural and legal background - Economic, social and cultural rights - National and international instruments - Relevance of human rights to indigenous society. |
Human Rights and Indigenous Peoples: A Handbook on the UN System |
 |
International Work Group for Indigenous Affairs Ed. |
Reference:
-, http://www.iwgia.org, International Work Group for Indigenous Affairs, 1999 |
Languages:
English French Spanish |
Indigenous Human Rights - International mechanisms - Possibilities and limitations of UN action. |
Peoples' Rights |
 |
Philip Alston Ed. |
Reference:
Oxford, Collected Courses of the Academy of European Law, Oxford University Press, 2001 |
Languages:
English |
"In this volume, a group of leading experts examines the current status of the various rights [the so-called 'third generation solidarity rights'] and reflects upon their likely significance in the twenty-first century". |
Indigenous Human Rights |
 |
Sam GARKAWE, Loretta KELLY and Warwick FISHER Ed. |
Reference:
New South Wales, Australia, Sydney Monograph Series, Federation Press, 2001 |
Languages:
English |
Racial Discrimination- Removal of children- Cultural rights- Self-government- Access to the UN - International law - International perspective - Indigenous and non-indigenous contributors. |
Indigenous Peoples, the United Nations and Human Rights |
 |
Sarah Pritchard Ed. |
Reference:
Annandale, Australia, Federation Press, 1998 |
Languages:
English |
This book is designed as a practical and well-organized manual for individuals and organizations unfamiliar with using UN human rights standards and procedures to safeguard indigenous human rights. |
|
|
|
Periodicals |
 |
Ethnies: Droits de l'Homme et Peuples Autochtones |
 |
Reference:
Paris, Survival International, France |
Contact:
ethnies@survivalfrance.org |
http://catalogue.survivalfrance.org/produits/eth.html |
Languages:
French |
Discussion of a wide variety of indigenous issues- Produced by "Peuples autochtones et développement" research group - Contributions from specialists in indigenous affairs and indigenous representatives - Available on subscription. |
Human Rights Tribune |
 |
Reference:
Ottawa, Human Rights Internet |
Contact:
hri@hri.ca |
http://www.hri.ca/cftribune/ |
Languages:
English |
A tri-yearly publication of HRI (Human Rights Internet). Addresses all areas of human rights from a non-governmental perspective world-wide. Articles about important events - NGO reports - Analysis of the work of human rights organizations. |
Indigenous Affairs |
 |
Reference:
-, International Work Group on Indigenous Affairs |
Contact:
iwgia@iwgia.org |
http://www.iwgia.org/sw161.asp |
Languages:
English Spanish |
Quarterly journal- Indigenous peoples- In-depth coverage and discussion- Thematically focused issues - Available for sale or by subscription. |
|
|
|
Human Rights
Actors |
 |
Center for World Indigenous Studies (CWIS) |
 |
http://www.cwis.org |
Type:Research / Education |
An independent, non-profit research and education organization dedicated to wider understanding and appreciation of the ideas and knowledge of indigenous peoples and the social, economic and political realities of indigenous nations. |
Confederación de Pueblos Indígenas de Bolivia (CIDOB) |
 |
http://www.cidob-bo.org/ |
Type:Other |
Its main goal is to formulate a strategy to combat poverty from the Bolivian indian perspective. |
European Network for Indigenous Australian Rights (ENIAR) |
 |
http://www.eniar.org |
Type:NGO (Non-Governmental Organization) |
Promotes awareness on indigenous issues- Informs indigenous Australians about Europe and relevant international organisations. |
Human Rights and Equal Opportunity Commission (Australia) (HREOC) |
 |
http://www.humanrights.gov.au/ |
Type:National Human Rights Institution |
A national independent statutory government body. Conducts inquiries into alleged discrimination on the grounds of race, colour or ethnic origin, racial vilification, sex, sexual harassment, marital status, pregnancy, or disability. HR education. |
Human Rights and Human Diversity Initiative (University of Nebraska-Lincoln) () |
 |
http://www.unl.edu/HumanR/index.html |
Type:Research / Education |
Goal: to examine issues related to human rights in an international perspective. Relationship between cultural diversity and human rights. Universality of HR. Minorities: refugees, voluntary migrants, and indigenous peoples. Human rights protectors. |
Indigenous and Tribal Peoples Centre, The (ITP-Centre) |
 |
http://www.itpcentre.org |
Type:Research / Education |
The aim of ITP-Centre is to share information, views, knowledge, recommendations and results related to the issue of indigenous and tribal peoples. |
Indigenous Peoples' Center for Documentation, Research and Information (doCip) |
 |
http://www.docip.org |
Type:NGO (Non-Governmental Organization) |
A Swiss NGO linking Indigenous Peoples and the United Nations established in 1978. It is a service organisation supporting indigenous representatives whilst working within the UN system. Offers an exclusively technical support. |
International Movement against All forms of Discrimination and Racism (IMADR) |
 |
http://www.imadr.org/ |
Type:NGO (Non-Governmental Organization) |
An international non-profit, human rights NGO devoted to eliminating all forms of discrimination around the world, forging international solidarity among discriminated minorities and advancing the international regime of human rights. |
International Work Group for Indigenous Affairs (IWGIA) |
 |
http://www.iwgia.org |
Type:NGO (Non-Governmental Organization) |
Consultative status with UN Economic and Social Council and Artic Council - Research, human rights work, political lobbying and specific projects - Collaboration with indigenous organisations - Publishes books, a journal and a yearbook. |
Minority Rights Group International (MRG) |
 |
http://www.minorityrights.org/ |
Type:NGO (Non-Governmental Organization) |
International NGO, bases in London, that promotes the rights of ethnic, linguistic and religious minorities. |
Rights & Democracy (International Centre for Human Rights and Democratic Development) () |
 |
http://www.ichrdd.ca/ |
Type:Other |
An independent Canadian institution with an international mandate to promote, advocate and defend democratic and human rights. Four thematic priorities: democratic development, women's rights, the rights of indigenous peoples, globalization and HR. |
Special Rapporteur of the Commission on Human Rights on contemporary forms of racism, racial discrimination, xenophobia and related intolerance () |
 |
http://www.unhchr.ch/html/menu2/7/b/mrad.htm |
Type:United Nations System |
Mandate established in 1993... |
Special Rapporteur of the Commission on Human Rights on the situation of human rights and fundamental freedoms of indigenous people () |
 |
http://www.unhchr.ch/html/menu2/7/b/mindp.htm |
Type:United Nations System |
Gathers, requests, receives and exchanges information; formulates recommendations and proposals on appropriate measures and activities to prevent and remedy violations of the human rights of indigenous people; Works closely with other UN bodies. |
Survival International (Survival) |
 |
http://www.survival-international.org/ |
Type:NGO (Non-Governmental Organization) |
Survival is a worldwide organisation supporting tribal peoples. It stands for their right to decide their own future and helps them protect their lives, lands and human rights. |
The International Indian Treaty Council (IITC) |
 |
http://www.treatycouncil.org/home.htm |
Type:NGO (Non-Governmental Organization) |
Organization of Indigenous Peoples from North, Central, South America and the Pacific working for the Sovereignty and Self-Determination of Indigenous Peoples and the recognition and protection of Indigenous Rights, Traditional Cultures and Lands. |
UN Permanent Forum on Indigenous Issues () |
 |
http://www.un.org/esa/socdev/pfii |
Type:United Nations System |
Advisory body to UN Economic and Social Council- Indigenous issues concerning economic and social development, culture, environment, education, health and human rights- Established in July 2000. |
Working Group on Indigenous Populations () |
 |
http://www.unhchr.ch/indigenous/ind_wgip.htm |
Type:United Nations System |
A subsidiary organ of the Sub-Commission on the Promotion and Protection of Human Rights. review developments pertaining to the human rights of indigenous peoples; follows the evolution of international standards concerning indigenous rights. |
World Amazigh Action Coalition (WAAC) |
 |
http://www.waac.org/amazigh/index.html |
Type:NGO (Non-Governmental Organization) |
"...an outreach and human rights organization, dedicated to raising international awareness of the Amazigh people and their struggle for survival." Focus on issues dealing with the native identity of north Africa(Amazigh a.k.a. Berber). |
|
|
|