Copyright © 1992-2013, Steven C. Perkins. All rights reserved. This is a revision of a document prepared for presentation at the 1992 Annual Meeting of the American Association of Law Libraries. It may be reproduced for non-profit educational use if this notice appears on the reproduction.
Table of Contents
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The UN declared 1993 as The International Year for the World's Indigenous Peoples 3. The decade from 1995 to 2004 was declared as the International Decade of the World's Indigenous Peoples. Recognizing the continuing need for attention to indigenous peoples' needs, the decade from 2006 through 2015 has been declared the Second International Decade of the World's Indigenous Peoples. In addition the General Assembly will hold a ‘World Conference on Indigenous Peoples’ in 2014, under the terms of Resolution recommended by Third Committee [A/C.3/65/L.22/Rev.1].In light of this original and continuing interest in Indigenous Peoples, this paper will serve as an introduction to researching indigenous peoples' rights under international law. International law has seldom considered indigenous peoples rights separately from the concerns of the general matters of international law. This paper will introduce this emerging area of legal development. At the present time, development in this area appears to be confined to the subject of international human rights law. It is anticipated by this writer and others, that this topic will of necessity develop into a discussion of the general principles of societal organization and nation building, directly addressing the legitimacy of numerous nation-states within the community of nations subject to international law. All present international human rights documents and doctrines apply to indigenous people throughout the world. This paper will not rehearse all of these documents and the organizations which have promulgated and enforce them. It will discuss those organizations and resources which have directly addressed the concerns of indigenous peoples under the regime of International Law.
While human rights have been the subject of legal and political thought for many years, the specific concerns of indigenous peoples have been submerged by the dominant colonial societies which have controlled access to domestic and international legal fora. In the Americas, the Anglo-Europeans and the Spanish and Portugese have engaged in deliberate campaigns to eradicate the native american cultures. Of the three other major colonies established by the English, Australia and New Zealand have followed the American example, while only India was able to establish its independence as a nation-state under native control. Outside control and internal disunity have been forced on indigenous people through several devices. One of the most effective is the use of language to deny the unique status of various groups. This can be illustrated by the problem of defining indigenous status vis-a-vis minority status, and in the use of either peoples or populations to refer to distinct groups within a modern nation-state 4. To be indigenous or a people confers a psychological benefit over being merely a minority population. That this is recognized by the governing powers is illustrated by the debates in both the ILO and the Working Group on Indigenous Populations on the use of the words people or population. While the ILO decided to use both words, the Working Group uses populations. The debate makes clear that the reason to use population rather than people is to lessen the weight of any argument for self-determination and territorial independence by the indigenous peoples against the majority settler nation- states within which they have been submerged.5
In Europe, the following may be considered as indigenous populations: the Celtic peoples of the British Isles, Brittany in France and Galicia in Spain; the Basque peoples of France, Portugal and Spain; The Sami or Lapp people of Greenland, Norway, Sweden, Finland, and the former Soviet Union. In Asia, there are various tribal or hill peoples in India, Bangladesh, Pakistan and China and the Ainu people in Japan. In addition there are numerous indigenous groups in Siberia, some of whom are considered as part of the Inuit or Eskimo peoples also present in Alaska, Canada and western Greenland. In Africa, the Berbers and the San or Bushmen may be considered as indigenous peoples. Most Asian and African states deny that there are any indigenous peoples within their territories. Bangladesh was subjected to considerable pressure in the UN by the ILO before it would address the issue of the Chittagong Hill People.6. In Oceana there are indigenous groups in the Philippines, Indonesia, Borneo and Papua New Guinea. Generally these peoples live in the forests. The Native Hawaiians also fit within Oceana. In Australia are the Aboriginal peoples. In New Zealand are the Maori peoples. The displacement of indigenous peoples is usually the result of an invasion of their territory by an ethnically and culturally different group which then attempts to convert the native population to the conquerors' cultural norms and suppresses the indigenous peoples culture and history. Usually, the conqueror believes its culture is materially and spiritually superior to that of the indigenous group. In most cases, the invader is able to establish sufficient control over the territory and society to force the indigenous population to deal with the imposed legal system in attempting to redress the injustice inherent in the process of conquest. Needless to say, the indigenous people lose most legal cases until the dominant society accepts its responsibility to make amends. An example of this acceptance process is the creation and operation of the Waitangi tribunal in New Zealand which deals with land title cases between the Maori and the European settlers. In the Waitangi tribunal the Maori have the majority vote 7.
Robert A. Williams, Jr. in The American Indian in Western Legal Thought (Oxford: Oxford University Press, 1990) discusses the legal theories which were used to justify the western conquest of indigenous peoples 8. He derives these from the practices of the Catholic Popes, the medieval crusades against Islam, and the concept of Just War. Arrogating to themselves the care of all humans on the Earth, the Popes eventually believed themselves capable of dividing all non-christian territories and peoples among the Catholic faithful of Portugal and Spain. Early commentators on the rights of indigenous peoples under international law, Francisco de Victoria 9, and Bartholome de Las Casas, believed that indigenous peoples personal and property rights were equal to those of the Conquistadores 10. This view was opposed by Sepulveda. Although de Victoria and de Las Casas were supported by the Spanish King, the Viceroys in New Spain ignored and actively subverted the legal regulations meant to protect the indigenous people from exploitation and death. Conquest and slavery were justified by the fact that the indigenous peoples were not Christians. This was ritualized in the Requerimiento, intended to give the natives the chance to adopt Christianity and avoid conquest, it was turned into a sham to allow conquest. Its early unchecked development with its undeniable result for the Conquistidores of personal and national wealth, encouraged later imperialist adventures by the English and French in the Americas and Asia.
Another doctrine, which has recently been abandoned by the Australian Supreme Court in the Mabo Decision (MABO AND OTHERS v. QUEENSLAND (No. 2) (1992) 175 CLR 1 F.C. 92/014), is that of Terra Nullius. Under this doctrine, empty, unsettled or unpopulated land could be claimed by any one who would settle and develop it. South Africa and Australia have been the champions of this doctrine. Again, this doctrine is culturally arrogant in that it presupposes that land which is not developed or used as a European would use it is undeveloped or unpopulated. Many of our environmental problems come from this attitude of exploitation, which cannot accept that the experience of thousands of years of living in a place may have taught the indigenous peoples the best use for their lands. It is instructive to contemplate the difference between the success of colonization in the Americas and Asia. The French in Indo-China and the English and Portugese in India eventually retreated from those colonies where they were unable to displace the indigenous populations. The same happened to the French and Belgians in Africa. In the Americas, European contact brought death from the spread of diseases for which the indigenous peoples had no natural immunity. By the time the English got to North America, these diseases had made their first passage throughout the continent and had caused a demographic collapse on a tremendous scale. Disease took a high toll among the tribes on the Trail of Tears when blankets from a smallpox infected regiment were given to the marchers. Throughout the world, indigenous peoples continue to have high mortality rates from common diseases due to deliberate policies of neglect and inadequate health care facilities.
The Economic and Social Council controls several organs of the UN concerned with human rights. It is the parent of the former Commission on Human Rights. (Documents produced with other inter-governmental agencies are in the E-series. The annual report to the U.N. General Assembly appears as Supplement to GAOR. Its own documents are in the U.N. ESCOR, series, in a Supplement). The COMMISSION ON HUMAN RIGHTS, of the ECOSOC was an important organ in the U.N. Human Rights system. Its publications are in the ECN.4- series. It produced reports, resolutions and decisions. The Commission had supervision of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. The Sub Commission has several Ad-Hoc Working Groups: the Working Group of Experts on South Africa; the Working Group of Experts to Investigate Israeli Practices Affecting Human Rights of the Population of the Occupied Territories; and the Working Group of Experts on Chile. Their reports will generally be in the ECN.4- series. Those of the Working Group on Chile often appear in the AC.3- series of the Third Committee of the General Assembly.
The United Nations Human Rights Council has replaced the Commission on Human RightsA/RES/60/251 of 3 April 2006. At its First Session in June, 2006, it adopted the Draft Declaration on the Human Rights of Indigenous Peoples and recommended it to the General Assembly for adoption, HRC/RES/2006/2.
The Permanent Forum on Indigenous Issues was established by the ECOSOC on 28 July 2000 and it held its first session from 13 to 24 May 2002. Its mandate covers economic and social development, culture, the environment, education, health, and human rights as they apply to indigenous peoples. A secretariat was established to assist the Permanent Forum on Indigenous issues in February, 2003.
We are interested in the Working Group on Indigenous Populations - Created in 1982, the WGIP was the principal UN group concerned with indigenous peoples rights until the Permanent Forum on Indigenous Issues was established in 2000, and started work in May of 2002.
The Working Group was first presaged by Sub-Commission Resolution 4 B (XXIII) of 26 August 1970 and the resulting Economic and Social Council Resolution 1589 (L) para. 7, and their call for a comprehensive study of the problem of discrimination against indigenous populations. In accord with the Economic and Social Council's resolution, the Sub-Commission appointed Mr. Jose R. Martinez Cabo as Special Rapporteur to make such a study. It resulted in a report The Study of the Problem of Discrimination against Indigenous Populations, with 22 chapters. It was issued in a consolidated form in five volumes as UN DOC ECN.4Sub.219867 and Add.1-4. The WGIP documents appear in the ECN.4Sub.2year22 series. It has issued a Report on the Working Group on Indigenous Populations each year since 1982. At the 45th Session of the ECOSOC, it recommended that the WGIP Report be made a UN Sales Document to make it more readily available. Of interest is the Report on the United Nations Seminar on the effects of Racism and Racial Discrimination on the Social and Economic Relations between Indigenous Peoples and States, U.N. Doc. ECN.4198922.
The main project of the WGIP has been the drafting of a Universal Declaration on Indigenous Rights. The Working Group, in the Preamble, has, like the ILO, rejected the assimilationist orientation of ILO Convention 107, in favor of recognition of the independent nature of the existence of indigenous peoples. This has not been well recieved by all nations, i.e., see, UN Doc. ECN.4Sub.2198933Add.1 at 17 for the comments of Venezuela, and U.N. Doc. ECN.4Sub.2AC.419892Add.1. Part I makes all previous human rights instruments applicable to indigenous peoples. Part II sets out guarantees of cultural rights. Part III describe the property rights of indigenous peoples. This section is controversial since it originally called for recognition of collective property rights and compensation. Part IV deals with indigenous econimic and social systems. Part V gives standards for self-determinism by indigenous peoples. This part is controversial since the settler states do not desire to lose their control over indigenous peoples' land. Particular objection has been taken to paragraph 23 which describes a collective right to autonomy. Part VI define a dispute resolution process, states the purpose of the declaration and prohibits states from using the declaration against indigenous peoples. For the text of the First Revised Draft Declaration on Rights of Indigenous Peoples see, 16 Am. Ind. L. Rev pp.592-596 (1991). See the link above for the text of the Declaration as of 26 August 1994. The most recent text was reported to the Human Rights Council in its first session, and was adopted and forwarded to the General Assembly on 29 June 2006, HRC/Res/2006/2.
The Commission on Human Rights established the Working Group established in accordance with Commission on Human Rights resolution 1995/32 of 3 March 1995, also known as the Working Group of the Commission on the Draft Declaration.
Communications to the WGIP can be sent to this address:U.N. Working Group on Indigenous Populations
The first citation below is to an article which thoroughly analyses the operations of the WGIP and the Declaration.
Iorns, C.J. "Indigenous Peoples and Self-Determination", 24 Case Western Reserve J. Int'l L. p. 199 (Spring 1992).
Burger, Julian. "The United Nations Draft Declaration on the Rights of Indigenous Peoples", 9 St. Thomas L.Rev. pp. 209-229 (Fall 1996).
Sanders, Douglas, "The UN Working Group on Indigenous Populations", 11 Human Rights Quarterly pp. 406-433 (1989).
Stomski, L., "The Development of Minimum Standards for the Protection and Promotion of Rights for Indigenous Peoples", 16 Am. Ind. L.Rev. p.575 (1991).
Each year's work of the Sub-Commission and its Working Groups is reviewed annually in the Current Developments section of the American Journal of International Law.
The U.N. instruments on Human Rights are most easily accessible in Human Rights: A Compilation of International Instruments, New York: United Nations, (1988) STHR1Rev.3. They are also found in the UN Treaty Series. Recent instruments are usually available in International Legal Materials. The status of the instruments can be determined in the following publication, Human Rights: Status of International Instruments, New York: United Nations, (19XX) STHR5. The U.N. Sales Catalogue lists various collections of the U.N. Human Rights instruments. They are also available on-line at UN Core International Human Rights Instruments
The Task Force on Indigenous Women was established by the Inter Agency Network on Women and Equality and the Permanent Forum on Indigenous Affairs on 11 June 2004. Reports have been issued in 2005, 2006, and 2007.
The following publication gives an overview of the work of the Task Force and relates 18 case studies, Indigenous Women and the United Nations System
From 1957 until 1982, the International Labor Organization was the only international body with any concern with indigenous peoples rights. In 1957 it promulgated ILO Convention 107 on Living and Working Conditions of Indigenous Populations. This document tended to reflect the views of the settler societies and to promote the absorption of indigenous populations into the settler societies. See, International Labor Review, v.LXIV, No.1, July 1951, p.61, and v.LXX, No.5, Nov 1954, p.418, for conclusions from the two sessions of the Committee of Experts on Indigenous Labour from the 114th and 125th Sessions. For materials received from national governments in contemplation of the Convention 107 see the following: ILConf., Report VIII (1) 39th Session 1956 Eighth Item on the Agenda: Living and Working Conditions of Indigenous Populations in Independent Countries, Geneva: ILO 1955. ILConf., Report VIII (2) 39th Session 1956 Eighth Item on the Agenda: Living and Working Conditions of Indigenous Populations in Independent Countries, Geneva: ILO 1956. For comments on the Proceedings of the 39th Session and for the proposed convention text see, ILConf 40th Session 1957 Sixth Item on the Agenda: Protection and Integration of Indigenous and other Tribal and Semi-Tribal Populations in Independent Countries, ILO, Geneva 1956. For the submission and discussion of the Report of the Committee on Indigenous Populations see, ILConf. 39th Session, Geneva, 1956 Record of Proceedings, pp.530-546. The Report is Appendix XI, pp.736-751.
The Committee rendered a new report in 1956 for submission and discussion, see ILConf. 40th Session Geneva, 1957 Record of Proceedings, pp.400-417. The Report of the Committee is Appendix IX, pp. 722-740, with the Proposed Reccomendation at p. 737. The notes adopting the Convention and the Recommendation are recorded at pp. 492 and 494. The authentic texts are in Appendix XVI, pp. 804 and 818. The Proceedings of the 39th Session of the Conference relating to Indigenous Populations in Independent Countries and the proposed texts of the Convention and Recommendation are also in Report VI (1) ILConf. 40th Session 1957, Sixth Item on the Agenda: Protection and Integration of Indigenous and Other Tribal and Semi-tribal Populations in Independent Countries, Geneva, ILOff. 1956. Replies from governments to the proposed Convention and Recommendation were printed in ILOff.: Protection and Integration of Indigenous and Other Tribal and Semi-tribal Populations in Independent Countries, Report VI (2), ILConference, 40th Session, 1957 (Geneva, 1956).
In the 1980s it became apparent that Convention 107 was no longer an effective instrument and that its stated aims did not comport with the desires of the emerging indigenous rights movement. At the 234 Session in November 1986 the Governing Body of the ILO placed on the Agenda for the 75th Session of the ILConf. an item on the Partial Revision of the Indigenous and Tribal Populations Conv., 1957 (No. 107). This followed the report of the Meeting of Experts on the Revision of the Indigenous and Tribal Populations Conv, 1957 (No. 107) of September 1986. The Report and the proposed revision are reproduced in ILConf, Partial revision of the Indigenous and Tribal Populations Convention, 1957 (No. 107), ILOff, Report VI (1) 75th Session 1988, Geneva 1987. Replies of Governments to the Report of the Conference are printed in ILO: Partial revision of the Indigenous and Tribal Populations Convention, 1957 (No. 107), Report VI (2) (Geneva, 1988), ILConf., 75th Session, Geneva, 1988..
A new Report VI (1) was issued for the 76th Session of the ILCong. Replies from governments to that report were issued in ILO: Partial revision of the Indigenous and Tribal Populations Convention, 1957 (No. 107) Report VI (2A) (Geneva, 1989) ILConf 76th, 1989. The Proposed text of the revision was published in ILO:Partial revision of the Indigenous and Tribal Populations Convention, 1957 (No. 107) Report VI (2B), (Geneva 1989), ILConf, 76th Session, 1989. The Provisional Record of the 76th Session contains the Report of the Committee, the proposed Convention and a Resolution on ILO action ILC, Provisional Record 25 and 25A of 25 June 1989 and 27 June 1989.
On 11 May 2005 the ILO released it's Report on Forced Labor
"Most forced labour today is still exacted in developing countries where older forms of forced labour are sometimes transmuting into newer ones, notably in a range of informal sector activities, the report says. Debt bondage frequently affects minorities - including indigenous peoples - that have long experienced discrimination on the labour market, and locks them in a vicious cycle of poverty from which they find it ever more difficult to escape. Many victims are working in remote geographical areas, where labour inspection presents a particular challenge."
Bennett, Aboriginal Rights in International Law (Royal Anthropological Institute of Great Britain, Occasional Paper no. 37, 1978).
Indigenous peoples, living and working conditions of aboriginal populations in independent countries. Geneva, 1953.
International Labour Office Studies and reports, new ser., no. 35.
Barsh, R.L. "An Advocate's Guide to the Convention on Indigenous and Tribal Peoples", 15 Oklahoma City U.L.Rev. 209 (1990). This article reprints the final text of Convention 169 at pp.237-253.
Barsh, R.L. "Revision of ILO Convention No. 107", 81 Am. J. Int'l L. 756 (1987).
Swepston, L. "A New Step in the International Law on Indigenous and Tribal Peoples: ILO Convention No. 169 of 1989", 15 Oklahoma City U.L.Rev. 677 (1990).
The World Intellectual Property Organization (WIPO) recently concluded a Roundtable on Indigenous Peoples and Intellectual Property. The papers presented at that meeting are on-line at the above URL. This represents a change from WIPO's earlier rejection of any claims to legitimacy from indigenous peoples against the intellectual property rights regime.
The World Bank has issued a revision of its Indigenous Peoples Policy OD 4.20, the Revised Draft Operational Policy on Indigenous Peoples. The world Bank maintains a web site on its policies toward indigenous peoples at this address: http://lnweb18.worldbank.org/ESSD/sdvext.nsf/63ByDocName/IndigenousPeoples
The U.N. Human Rights Committee has heard cases dealing with indigenous people under the International Covenant on Civil and Political Rights. Article 27 in particular, on the right to enjoy a "culture", has been a basis for the Committee's work. In addition to the Views on the Committee's web page above, the following cites have full-text or summaries of the Views: full-text Sessions 1-59, Decisions and Views of the Human Rights Committee University of Minnesota, Human Rights Library; summaries of all Views, Japan Federation of Bar Associations, List of Views by HRC. In Lansman et. al. v. Finland, Communication No.671/1995, the Committee held for Finland against the Sami over plans to develop logging in an area used for traditional herding activities. An earlier proceeding between the same parties also resulted in a finding for Finland against the Sami in regard to a stone quarry in the same traditional herding area, Lansman et.al. v. Finland, Communication No.511/1992. In the Ominayak v. Canada case the Committee decided that no claim for self-determination can be brought under the Optional Protocol, (Communication No. 167/1984). In the Ivan Kitok v. Sweden case, it held for the government against an individual who wanted to regain indigenous status, (GAOR Supp. (No.40) (43rd Session), U.N. Doc. A4340197 1985 (Communication No.197/1985). In the Lovelace v. Canada case it held for Lovelace that Canadian regulations violated the Covenant, (GAOR Supp. (No.40) (36th Session), U.N. Doc. A43640, Annex XVIII (1981)).
The following topics are now or will become areas of interest for indigenous people in this decade:
While all states guarantee to their citizens certain civil, political and social rights, it is international law which guarantees to all people certain universal human rights. Indigenous peoples rights have been treated as a category of general international human rights law. International law research focuses on identifying conventions or treaties, customary international law, international legislation, case decisions, and monographic and periodical commentary which apply to the situation under consideration. Four inter-governmental organizations sponsor the present human rights regimes: the United Nations; the Organization of American States; the Council of Europe; and, the African Union. All of these international inter-governmental organizations sponsor treaties, conventions, covenants, declarations, and resolutions which may or may not be considered to be one of the first three categories of sources for international law. Of these, only the United Nations, through the International Court of Justice, the International Labor Organization, the Working Group on Indigenous Populations, the Working Group of the Commission on the Draft Declaration, and the Human Rights Committee, and the Organization of American States, with the Draft of the Inter-american Declaration on the Rights of Indigenous Peoples (AG/RES 1022 (XIX-0/89)), have dealt with the rights of indigenous peoples under international law.
The following items are essential for undertaking research in international law:
John W. Williams. Guide to International Law Research. Salem, N.H. : Butterworths, 1990. This entire volume is devoted to international law research. It is suggested that you read the introduction and then parts V and VI, Practice and Research Aids and Reference Sources. The remaining parts can then be consulted as needed. It contains excellent short discussions of the documentation systems for the United Nations, the European Economic Community, the Organisation of American States and the U.S. Government Printing Office.
Szladits, A Bibliography of Foreign and Comparative Law: Books and Articles in English since 1790. A multi-volume work.
Public International Law, New York; Berlin: Springer Verlag, is a semi-annual periodical published by the Max Planck Institute in West Germany.
A copy of the following books should be in every human rights collection:
Marie, Jean Bernard. Glossaire des droits de l'homme : termes fondamentaux dans les instruments universels et regionaux : francais-anglais = Glossary of human rights : basic terms in universal and regional instruments. Paris : Editions de la Maison des sciences de l'homme, c1981.
Stormorken, Bjorn and Zwaak, Leo. Human Rights Terminology in International Law: A Thesaurus. Dordrecht Boston: Martinus Nijhoff Pubs., 1987.
Laurie Weisburg. A Guide to Establishing a Human Rights Documentation Centre. Cambridge, MA: Harvard University; Ottawa: Human Rights Centre, Univ. of Ottawa, 1990.
Human rights : a topical bibliography, Center for the Study of Human Rights, Columbia University in the City of New York ; prepared by the staff of the Center, J. Paul Martin, project director and editor, Louis... Boulder, Colo. : Westview Press, 1983.
Human rights : an international and comparative law bibliography, compiled and edited by Julian R. Friedman and Marc I. Sherman. Westport, Conn. : Greenwood Press, 1985.
Human rights : international bibliography 1975-1981 = Droits de l'homme : bibliographie internationale 1975-1981. Strasbourg : Cerdic Publications, 1982.
International human rights : a bibliography, 1970-1975, Barry O'Connor, compiler and editor ; John A. Scanlan, project director. Rev. ed. Notre Dame, Ind. : Center for Civil and Human Rights, University of Notre Dame Law School, 1980.
Miller, William. International human rights : a bibliography, 1970-1976, William Miller, compiler and editor ; Donald P. Kommers, project director. Notre Dame, Ind. : Center for Civil Rights, University of Notre Dame Law School, 1976.
Rusis, Armins. Human rights : a selective bibliography by Armins Rusis. Washington : Library of Congress, European Law Division, [1969?].
Shimane, Robert. International human rights : a selected bibliography compiled by Robert Shimane and Robert Rich. Los Angeles : University of Southern California Law Center, 1979.
Stanek, Edward. A bibliography of periodicals and other serials on human rights, Monticello, Ill. : Vance Bibliographies, .
Stanek, Edward. A bibliography of selected human rights bibliographies, documentary compilations, periodicals, reports, and reference books essential for the study of international and comparative law of human rights. Monticello, Ill., USA : Vance Bibliographies, .
Stanek, Edward. Human rights : a selected bibliography of monographs, essays, serials, and basic compilations of documents, and bibliographies pertinent to international protection of human rights. Monticello, Ill., USA : Vance Bibliographies, .
Verstappen, Berth. Human rights reports : an annotated bibliography of fact-finding missions. London ; New York : H. Zell Publishers, 1987.
Young, Thomas D. International human rights : a selected bibliography. Los Angeles : Center for the Study of Armament & Disarmament, California State University Los Angeles, 1978.
Fritz, Linda. Native law bibliography. [Saskatoon, Saskatchewan] : University of Saskatchewan Native Law Center, 1984.
Fritz, Linda. Native law bibliography. 2nd ed. [Saskatoon] : University of Saskatchewan Native Law Centre, 1990.
Narby, Jeremy. Resource development and indigenous peoples : a comparative bibliography, compiled by Jeremy Narby and Shelton Davis. Boston, Mass. (37 Temple Place, Room 521, Boston, Mass. 02111) : Anthropology Resource Center, c1983.
Roy, Bernadette Kelly. The rights of indigenous peoples in international law : an annotated bibliography, by Bernadette Kelly Roy and Dallas K. Miller. Saskatoon, Sask. : University of Saskatchewan Native Law Centre, 1985.
Roy, Bernadette Kelly. The rights of indigenous peoples in international law : an annotated bibliography. Supplement--1986, by Bernadette Kelly Roy and Ruth Thompson. [Saskatoon, Sask.] : University of Saskatchewan Native Law Centre, 1986.
LEXIS: LEXIS provides fulltext searching of various legal databases. Included are English and French cases and legislative materials and the cases of the European Court of Justice. This coverage is largely post W.W.II. You must use the French language to search in the French and the European Court of Justice databases. NEXIS: NEXIS is a general coverage fulltext service containing several databases of current affairs materials. This database should be used for information on topics which have not yet received coverage in the legal periodicals. Its main strength is coverage of foreign publications and wire services.
WESTLAW: WESTLAW is basically the same as LEXIS for legal materials. Each service includes materials not in the other. The reader is referred to the respective service's database list for information on coverage.
DIALOG and DialogWeb: DIALOG was originally an internal information service for the Lockheed Aircraft Company. At the present time DIALOG offers access to over 100 separate electronic databases which cover all fields of knowledge. Various of these may have information of use to you in your research.
OCLC: OCLC is the bibliographic utility used by libraries for cataloguing materials received. OCLC also allows the libraries to locate materials by the name of the author or the title of a book. This means that if an item is located and if the holding library will loan it it can be obtained or copied through Inter-Library Loan.
RLIN: Recently RLIN, the main bibliographic utility for research libraries in the United States, has added a database for UN documents and the Index to Foreign Legal Periodicals to its EUREKA database product.
INTERNET/USENET: the former BITNET and the current INTERNET and are electronic networks which link educational and research institutions. Each service hosts discussion lists for the exchange of information among persons with common interests. Millions of sites are now available on the INTERNET that deal with indigenous peoples.
Most people access the INTERNET through one of the numerous search engines: Google; Yahoo; MSN Search; and Google Scholar are those most often used. Researchers are reminded to explore the advanced search features of each search engine in order to get the most relevant results.
These sites are of use in researching indigenous peoples and ethnic minorities:
World Legal Information Institute
Dykes, Christopher C., Research Guide on Indigenous Peoples International Law
USENET allows for the worldwide distribution of news items. It also has topical discussion lists. An interface to the full system allowing searching for groups of interest is at Google Groups.
BBS Systems: BBS systems are electronic bulletin boards set up by individuals or companies to allow for remote communications. These have been largely replaced by INTERNET sites and blogs.
Clinton, R.N., N.J. Newton and M.R. Price. American Indian Law, 3rd Edition. Charlottesville: Michie, (1991). This volume contains an excellent concluding chapter which explores the international dimensions of indigenous rights.
Buergenthal, T. International Human Rights in a Nutshell. Minneapolis: West Pub. Co., 1990.
Newman, F. and D. Weissbrodt. International Human Rights: Law, Policy, and Process. Cincinnati: Anderson Pub., 1990. Excellent documentary supplement.
Robertson, A.H. and J.G. Merrills. Human rights in the world: An Introduction to the Study of the International Protection of Human Rights. 3rd ed. [Manchester, Eng.] Manchester University Press, 1989.
Graefrath, Bernhard. Menschenrechte und internationale Kooperation : 10 Jahre Praxis des Internationalen Menschenrechtskomitees Bernhard Graefrath. Berlin : Akademie-Verlag, 1988.
Basic documents pertaining to human rights in the inter-American system. Washington, D.C. : IACHR Court, General Secretariat, Organization of American States, 19xx.
Journal articles can be identified in the Index to Legal Periodicals and Books, Current Law Index, Legal Resource Index, Index to Foreign Legal Periodicals, and the Index to Commonwealth Legal Periodicals. Although no longer published, the Index to Human Rights Documents, 1960-1976, is still useful. It is recommended that the researcher make it a habit to read the following periodicals:
Burger, Julian. The Gaia atlas of first peoples : a future for the indigenous world, Julian Burger with campaigning groups and native peoples worldwide; foreword by Maurice F. Strong. New York : Doubleday; London: Robertson McCarta, c1990.
Henderson, George, A practitioner's guide to understanding indigenous and foreign cultures. Springfield, Ill., U.S.A. : Charles C. Thomas, c1989.
Heinz, Wolfgang S., Indigenous populations, ethnic minorities and human rights. Berlin : Quorum Verlag, c1988.
Burger, Julian. Report from the frontier : the state of the world's indigenous peoples. London ; Atlantic Highlands, N.J., USA : Zed Books, 1987.
Indigenous peoples : a global quest for justice : a report for the Independent Commission on International Humanitarian Issues, foreword by Sadruddin Aga Khan and Hassan bin Talal. London ; Atlantic Highlands, N.J. : Zed Books, 1987.
Nettheim, Garth. Indigenous rights, human rights and Australia. London : Australian Studies Centre, Institute of Commonwealth Studies, University of London, . Series title: Working papers in Australian studies ; working paper no. 15.
The rights of indigenous peoples in international law : selected essays on self-determination, edited by Ruth Thompson. [Saskatoon, Sask.] : University of Saskatchewan Native Law Centre, 1987.
Self determination and indigenous peoples ; Sami rights and northern perspectives, compiled and edited from the Seminar Self-determination and Indigenous Peoples ; organised by the Oslo and Copenhagen local groups... Copenhagen : IWGIA, 1987. IWGIA document ; 58.
McGill, Stuart. Indigenous resource rights and mining companies in North America and Australia, Stuart McGill, G.J. Crough. Canberra : Australian Government Publishing Service, 1986.
The Rights of indigenous peoples in international law : workshop report, edited by Ruth Thompson. [Saskatoon, Sask.] : University of Saskatchewan Native Law Centre, 1986.
Indigenous peoples and the nation-state : 'fourth world' politics in Canada, Australia, and Norway, edited by Noel Dyck. St. John's, Nfld., Canada : Institute of Social and Economic Research, Memorial University of Newfoundland, c1985. Series title: Social and economic papers ; no. 14.
Native power : the quest for autonomy and nationhood of indigenous peoples, edited by Jens Brosted ... [et al.]. Bergen : Universitetsforlaget, c1985.
International Congress of Anthropological and Ethnological Sciences, 9th, Chicago, 1973. Western expansion and indigenous peoples : the heritage of Las Casas, editor, Elias Sevilla-Casas. The Hague : Mouton ; Chicago : distributed in the USA and Canada by Aldine, c1977.
Farmer, Richard N. Benevolent aggression; the necessary impact of the advanced nations on indigenous peoples. New York, David McKay Co. [c1972].
The articles below discuss treaty research.
Bernal, Marie-Louise H. "Reference Sources in International Law." 76 Law Library Journal pp. 427-435 (Summer 1983).
Kavass, Igor I. "United States Treaties and International Agreements: Sources of Publication and 'legislative history' Documents." 76 Law Library Journal pp. 442-457 (Summer 1983).
Sprudzs, Adolf. "International Legal Research: an Infinite Paper Chase" 16 Vanderbilt Journal of Transnational Law pp. 521-536 (Summer 1983).
Weisbaum, Earl. "Domestic Sources of International Law" 76 Law Library Journal pp. 436-441 (Summer 1983).
Parry, Clive. "Where to Look for Your Treaties" 8 International Journal of Law Libraries pp. 8-18 (1980).
Human Rights Treaties:
The Office of the United Nations High Commissioner of Human Rights maintains an on-line collection of International Human Rights Instruments. The following are the principal human rights treaties:
UNIVERSAL DECLARATION OF HUMAN RIGHTS;
Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217A (III), 3 U.N. GAOR (Resolutions, pt. 1) at 71, U.N. Doc. A810 (1948).
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS ;
International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, 999 U.N.T.S. 171 (entered into force 23 March 1976). There are two Optional Protocols to this Covenant: Optional Protocol to the International Covenant on Civil and Political Rights, adopted 16 Dec. 1966, 999 U.N.T.S. 302 (entered into force 11 Nov. 1970); and, Second Optional Protocol to the International Covenant on CIvil and Political Rights Aiming at the Abolition of the Death Penalty, adopted 15 Dec. 1989, G.A.Res. 44128, 44 U.N. GAOR Supp. (no. 49) at 206, U.N.Doc. A44824 (1989).
INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS ;
International Covenant on Economic Social and Cultural Rights, adopted 16 Dec. 1966, 993 U.N.T.S. 3 (entered into force 3 Jan. 1976).
AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN ;
American Declaration of the Rights and Duties of Man, signed 2 May 1948, Res. XXX. Final Act, Ninth International Conference of American States, Bogata, Colombia, 30 March - 2 May, 1948, at 38 (Pan American Union 1948), O.A.S. Off. Rec. OEASer.LVII.23?doc. 21Rev. 6 (English 1979).
AMERICAN CONVENTION ON HUMAN RIGHTS ;
American Convention on Human Rights, opened for signature 22 Nov. 1969, O.A.S.T.S. No. 36 (entered into force 18 July 1978). There is one Additional Protocol: Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador), opened for signature 17 Nov. 1988, O.A.S.T.S. No. 69 (1989).
EUROPEAN CONVENTION ON HUMAN RIGHTS ;
European Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 4 Nov. 1950, Eur.T.S. No. 5, 213 U.N.T.S. 221 (entered into force 3 Sept. 1953). There are eight Protocols to the Convention: Protocol 1, Eur.T.S. No. 9, 213 U.N.T.S 262 (1952); Protocol 2, Eur.T.S. No. 44 (1963); Protocol 3, Eur.T.S. No. 45 (1963); Protocol 4, Eur.T.S. No. 46 (1963); Protocol 5, Eur.T.S. No. 55 (1966); Protocol 6, Eur.T.S. No. 114 (1983); Protocol 7, Eur.T.S. No. 117 (1984); and, Protocol 8, Eur.T.S. No. 118 (1985). All have been in force since 1 January 1990.
HELSINKI FINAL ACT ;
Conference on Security and Cooperation in Europe: Final Act, signed 1 Aug. 1975, 73 Dep't. State Bull. 323 (1975).
AFRICAN CHARTER OF HUMAN AND PEOPLES' RIGHTS ;
African Charter on Human and Peoples' Rights, adopted 27 June 1981, O.A.U. Doc. CABLEG673Rev. 5 (1981) (entered into force 21 Oct. 1986). .
Documentation sources in human rights, Directorate of Human Rights, Human Rights Documentation Centre. Strasbourg : Council of Europe ; Croton, N.Y. : Manhattan Pub. Co. [distributor, 1990].
Sohn, Louis B., and Thomas Buergenthal, comps. International Protection of Human Rights. New York: Bobbs-Merrill, 1973.
Brownlie, Ian, comp. Basic Documents on Human Rights. Oxford: Clarendon Press, 1971.
International Legal Materials is published 6 times a year by the American Society of International Law.
ILM attempts to reprint all of the important documents of use in the area of international law which have come out in the preceeding 2 months. It also reprints the U.S. Department of State Bulletin Treaty section. Prior to 1961 these materials were published in the American Journal of International Law and in its special publications.
International human rights instruments of the United Nations, 1948-19xx, collected and arranged by the UNIFO editorial staff. Pleasantville, N.Y. : UNIFO Publishers.
Ortiz, Roxanne Dunbar. The international covenant on civil and political rights : application of the rights contained in the covenant, the optional protocol and their relevance to indigenous peoples in periods of emergency and armed... [Santa Clara? : S.n., 1982?].
To obtain current U.N. sales catalogues write:United Nations Publications Sales Section
On-line orders:UN Publications
North America, Latin America, Asia and the Pacific:
telephone: 11-800-253-9646; fax: 1-212-963-3489; email: firstname.lastname@example.org
Europe, Africa and the Middle East:
telephone: 41(22) 917-2614; fax: 41(22) 917-2613; email: email@example.com
Because many items concerning Human Rights are published throughout the U.N. documentation series, it is always necessary to search the official U.N. index series, UNDOC, and the unofficial indexes, as well, for document citations.
The primary index to United Nations documents until September 1996 was the UNDOC, the United Nations Documents Index. The manner of issuance and the descriptive terms used for indexing seem to change every few years. Effective use of the UNDOC only comes from prolonged exposure and examination. The UN has recently made an online service available for document research. It replaced the UNDOC. An interim finding aid will be issued to cover the period from the end of the UNDOC to the beginning of the replacement publication. The free UN Official Documents System is now online. It covers official records from 1993. A CD-ROM database is available for the most recent years from Readex Microprint Corporation.
The following items should always be consulted: The Yearbook on Human Rights, sales #E.81XIV.1 This is published by the Centre of Human Rights. Annual Review of United Nations Affairs, published by Oceana Publications, Dobbs Ferry, New York. The latter is generally available before the former, but it does not provide the detailed document citations found in the official publication. For a detailed listing of U.N. documents on Human Rights through 1981, see, Diana Vincent-Daviss, "Human Rights Law: A Research Guide to the Literature-Part I: International law and the United Nations", 14 NYU Journal of International Law and Politics, pp. 209-319, (1981); pp. 486-573 (1982); 15 NYU J Int'l L&P pp.211- 287 (1982). This article and its continuations treat all areas of Human Rights. It also contains a brief review of the U.N. documentation system and its abbreviations.
Three other items of interest are: John Williams, Guide to International Legal Research, Salem, NH: Butterworths, 1990. This volume is devoted to international law research and it contains brief reviews of the U.N. and the OAS documentation systems and symbols as well as the European Community; Thomas H. Reynolds, "Highest Aspirations or Barbarous Acts...The Explosion in Human Rights Documentation: A Bibliographic Survey", 71 Law Library Journal p. 1, (1978), a review article which serves as a broad introduction to the sources of Human Rights documentation throughout the world.; and, Maureen Ratynski, TThe United Nations and Human Rights", 19 Documents To The People pp. 25-30 (1991).
The primary Human Rights organization for western Europe is the Council of Europe. The Council controls the European Commission on Human Rights which was set up under provision of the European Convention on Human Rights. Here we will discuss the Council of Europe; the European Commission on Human Rights; the Committee of Ministers; the European Convention on Human Rights, and the European Court of Human Rights. While these are treated as separate sources, in practice the Council of Europe appears in all of the titles. For a short article on the human rights regime under the Council see, Ellen G. Shaffer, "Human Rights Protection Under the Council of Europe - The System and its Documentation", 19 Int'l J. Legal Information pp.1-10, (1991).
The Council of Europe has an annual sales catalogue which can be obtained from the following addresses:Council of Europe Publications
The Council of Europe has done very little in regard to indigenous rights. It is believed that the integration of Europe will cause the Council's organs to begin to deal with questions of indigenous rights. The main European events have been Spain's partial legal and political recognition of its distinct regions , the European Community's sponsorship of the preservation of minority languages, and it's Convention on National Minorities
The governments of Denmark, Germany, and the German state of Schleswig-Holstein established the European Center for Minority Issues in 1996. The ECMI deals with inter-ethnic issues in Western and Eastern Europe.
The OAS is the oldest regional inter-governmental organization, established in 1890 as the International Union of American Republics. The OAS documentation system is explained in John W. Williams, Guide to International Legal Research. Salem, NH: Butterworths Pub., 1990. A complete review of the use of all OAS documents is in Thomas H. Reynolds, "Highest Aspirations or Barbarous Acts...The Explosion in Human Rights Documentation: A Bibliographic Survey", 71 Law Library Journal p. 1 (1978). Also consult the following: Thomas L. Welch, "The Human Rights Agencies of the Organization of American States and Their Documemtation", 19 Documents To The People pp.30-38 (March 1991); and, Steven C. Perkins, "Latin American Human Rights Research 1980-1989: A Guide to Sources and a Bibliography", 19 Denver J. Int'L Law & Policy pp. 163-267 (Fall 1990). A complete collection of OAS documents would consist of A) the OAS Sales Publications; B) the OAS Official Records; and C) the OAS Technical Reports.
The OAS SALES PUBLICATIONS consist of selected documents from all categories of OAS publications and documents. The Sales Catalogue can be obtained from this address:General Secretariat Organization of American States Department of Public Information Washington, DC 20006 .
The most comprehensive guide to the OAS Human Rights mechanisms is Thomas Buergenthal and Robert E. Norris, Human Rights: The Inter-American System, Ocean Pub., Dobbs Ferry, NY, a five binder looseleaf service which gives a detailed history of the American Declaration on the Rights and Duties of Man and the American Convention on Human Rights, and traces the evolution of the Inter-American Commission on Human Rights, (see, also, http://www.umn.edu/humanrts/cases/commissn.htm">University of Minnesota Human Rights Library) and the case law of the Inter-American Court of Human Rights.
The INTER-AMERICAN INDIAN INSTITUTE publishes several periodicals which are invaluable for Indian studies in the Americas. These are America Indigena; Boletin Indigenista; and the Anuario-Indigenista. There is a Indice Analytica for all three from 1940-1980 and separate Indice General for each covering the same time period. It has issued a Report on the Activities as OEASer.H- since 1961. It issues collections of national laws on Indians for the OAS countries. For information on its publications and activities write:Inter-American Indian Institute/Instituto Indigenista Interamericano
Beginning with 1994-1995, the Annual Report of the Secretary General of the OAS is available online at this URL:"http://www.oas.org/EN/PINFO/DOCS/AR96-97/indic97e.htm"
Replacing the Organization of African Union is the African Union.It sponsors the African Commission on Human and Peoples' Rights and the future African Court on Human and Peoples' Rights. Reports of the sessions of the African Commission are available at the web site above.
The following NGOs are active in the field of indigenous peoples rights. Most of them publish periodicals and some publish book series which deal with these issues. Those organizations marked with an asterix * have had observer status at the UN. The NGO system of the UN has been changed in regard to NGOs accredited to the ECOSOC. This site, NGOs at the United nations has an explanation of the changes. A list of NGOs in Consultative Status with ECOSOC is available at the site. The following INTERNET site has links to many of the NGOs throughout the world: http://www.ngo.org/.
Amnesty International International Secretariat 1 Easton St. London WC1X 8DJ England, UK
Cultural Survival 53A Church St. Cambridge, MA 02138
Four Directions Council * Seattle, Washington
Grand Council of the Cree(of Quebec) *
Indian Law Resource Center * 508 Stuart Street Helena, MT 59601 and, 601 E Street, SE Washington, DC 20003
Indigenous World Association * 275 Grand View Ave., No. 103 San Francisco, CA 94114
International Indian Treaty Council * 2390 Mission St. Suite 310, San Francisco, CA 94110, tel. (415) 641-4480 , fax (415) 641-1298. The International Indian Treaty Council (IITC) is an organization of Indigenous Peoples working for the Sovereignty and Self-determination of Indigenous Peoples and the recognition and protection of Indigenous Rights, Treaties, Traditional Cultures and Sacred Lands.
International Workgroup for Indigenous Affairs Fiolstraede 10 DK-1171 Copenhagen K Denmark
Inuit Circumpolar Conference * 650 32nd Ave. E North Saskatoon, Saskatchewan S7L 1S1
Minority Rights Group 379 Brixton Road London SW9 7DE United Kingdom
National Aboriginal and Islanders Legal Services * Secretariat of Australia. P.O. Box 143 Chippendal NSW 2008 Australia
National Indian Youth Council *
South and Meso American Indian Information Center P.O. Box 28703 Oakland, CA 94602
Survival International 310 Edgeware Rd. London W2 1DY England, UK
World Council of Indigenous Peoples * Suite C-182, University of Lethbridge, Lethbridge, Alberta T1K 3M4 Canada. The WCIP sponsors an Pacific Asian Council of Indigenous Peoples. It also sponsored the Indian Council of South America(CISA)* which now has separate accreditation by UNESCO. The Nordic Sami Council is also part of the WCIP. Sanders, Douglas E. The formation of the World Council of Indigenous Peoples Copenhagen : IWGIA, 1977. IWGIA document no. 29. World Council of Indigenous Peoples. General Assembly (2nd : 1977 : Kiruna, Sweden) Al'Goal'Bmugiid Mailmiraddi, nub'bi oai'vicoak'kin = Varldsradet for Urbefolkningar, andra generalforsamlingen = World Council of Indigenous Peoples, second general assembly : 24-27, VIII, 1977. Helsinki [Finland] : Nordic Sami Council, 1978.
Africa : human rights directory & bibliography edited by Laurie S. Wiseberg & Laura Reiner. Cambridge, MA. : Human Rights Internet, c1989.
The International law of human rights in Africa : basic documents and annotated bibliography. Compiled by M. Hamalengwa, C. Flinterman, E.V.O. Dankwa. Dordrecht ; Boston : M. Nijhoff, 1988.
Welch, Claude E. and Robert I. Meltzer. Human Rights and Development in Africa: tradition, conflict and leadership. Albany, New York: State Univ. of New York, 1984).
New perspectives and conceptions of international law : an Afro-European dialogue. Edited by K. Ginther and W. Benedek. Wien ; New York : Springer-Verlag, c1983.
Kannyo, Edward. Human rights in Africa : problems and prospects : a report prepared for the International League for Human Rights. New York : The League, 1980.
Mertens, Alice. South West Africa and its indigenous peoples. With an introduction by Stuart Cloete. London : Collins; New York : Taplinger, 1966, 1967.
Cunningham, James Frederick. Uganda and its peoples; on the protectorate of Uganda, especially the anthropology and ethnology of its indigenous races. London, Hutchinson & Co., 1905. New York, Negro Universities Press .
Davis, Shelton H. Land rights and indigenous peoples : the role of the Inter-American Commission on Human Rights. Cambridge, Mass. : Cultural Survival, c1988. Cultural survival report ; 29.
Wutzke, Jeffrey, "Comment: Dependent Independence: Application of the Nunavut Model to Native Hawaiian Sovereignty ans Self-Determination Claims", 22 American Indian Law Review pp.509-566 (1998).
Suagee, Dean B., "Human Rights of Indigenous Peoples: Will the United States Rise to the Occcasion?" 22 American Indian Law Review pp.365-390 (1998).
Churchill, Ward. Indians are us: Culture and Genocide in Native North America. Common Courage Press, (1994).
Bankes, Nigel. Resource-leasing options and the settlement of aboriginal claims. Ottawa, Ont. : Canadian Arctic Resources Committee, c1983.
Barsh, Russell, "Indigenous North America and Contemporary International Law", 62 Oregon Law Review 73 (1983).
Dworaczek, Marian. Human rights legislation in Canada : a bibliography. Ontario Ministry of Labour. Monticello, Ill. : Vance Bibliographies, .
Human rights in Latin America, 1964-1980 : a selective annotated bibliography. Compiled and edited by the Hispanic Division. Washington : Library of Congress : For sale by the Supt. of Docs., U.S. G.P.O., 1983.
Politica del gobierno nacional para la protecci�n y desarollo de los indigenas y la conservaci�n ecologica de la cuenca Amazonica. English. Policy of the national government in defense of the rights of indigenous peoples and the ecological conservation of the Amazon Basin Republic of Colombia. [Bogota, Colombia] : Indigenous Affairs Ministry of Government, .
Hidreletricas do Xingu e os povos indigenas. English. Hydroelectric dams on Brazil's Xingu River and indigenous peoples. Editors, Leinad Ayer de O. Santos, Lucia M.M. de Andrade ; translator, Robin Wright. Cambridge, Mass. : Cultural Survival ; Sao Paulo : Pro-Indian Commission of Sao Paulo, 1990. Cultural survival report ; 30.
Fruhling, Hugo. Organizaciones de derechos humanos de America del Sur. Hugo Fruhling, Gloria Alberti, Felipe Portales. San Jose, Costa Rica : Instituto Interamericano de Derechos Humanos, .
Bunyard, Peter. The Colombian Amazon : policies for the protection of its indigenous peoples and their environment. Cornwall, U.K. : Ecological Press, 1989.
Clay, Jason W. Indigenous peoples and tropical forests : models of land use and management from Latin America. Cambridge, Mass. : Cultural Survival, c1988. Cultural survival report ; 27.
Projects with the indigenous peoples of Paraguay : past and future. [New York, N.Y.?] : Survival International, . Survival International document ; 8.
Migliazza, Ernest C. The integration of the indigenous peoples of the territory of Roraima, Brazil. Copenhagen : International Work Group for Indigenous Affairs, 1978. IWGIA document ; 32.
ASEAN is the regional organization for South East Asia. At this time, a regional human rights regime has not been developed. However, the ASEAN Human Rights Working Group has been established. First proposed in 1993, it came into existance in 1996 and was a participant in the 1997 ASEAN Ministerial Meeting. The Human Rights Dialogue from the Human Rights Initiative of the Carnegie Council on Ethics and International Affairs deals with Asian human rights. Most Asian states, other than Japan, do not recognize any claims of indigenous peoples.
Rupesinghe, Kumar. Ethnic conflict and human rights in Sri Lanka : an annotated bibliography. Kumar Rupesinghe & Berth Verstappen. London ; New York : Hans Zell ; Oslo : Published for the International Peace Research Institute, 1989.
Tay, Alice Erh-Soon. Human rights for Australia : survey of literature and developments, and a select and annotated bibliography of recent literature in Australia and abroad. Alice Erh-Soon Tay. Canberra : Australian Govt. Pub. Service, 1986.
Asian perspectives on human rights. Edited by Claude E. Welch, Jr., and Virginia A. Leary. Boulder : Westview Press, 1990.
Quest for international understanding : essays in honour of M.S. Hoda. Editor, Raghuraj Gupta. 1st ed. Lucknow : Apala Pub. Cooperative Society, 1989.
Refuge denied : problems in the protection of Vietnamese and Cambodians in Thailand and the admission of Indochinese refugees into the United States. New York, N.Y. : Lawyers Committee for Human Rights, c1989.
Santoli, Al. Forced back and forgotten : the human rights of Laotian asylum seekers in Thailand. New York, N. Y. : Lawyers Committee for Human Rights, c1989.
Cross-cultural aspects of human rights : Asia. Linda L. Lum, conference organizer and editor of proceedings. [Washington, D.C.] : Center for the Study of Foreign Affairs, Foreign Service Institute, U.S. Dept. of State, 1988.
Espiritu, Caesar. Law and human rights in the development of ASEAN : with special reference to the Philippines. Singapore : Friedrich-Naumann-Stiftung, 1986.
Access to justice : human rights struggles in South East Asia. Edited for Human Rights Internet by Harry M. Scoble and Laurie S. Wiseberg. London : Zed Books, c1985.
Human rights in East Asia : a cultural perspective. Edited by James C. Hsiung. New York : Paragon House Publishers, c1985.
Human rights activism in Asia : some perspectives, problems and approaches. Asian Coalition of Human Rights Organizations. New York : Council on International and Public Affairs, 1984.
Rural development and human rights in South Asia : report of a seminar held in Lucknow, India, 4-9 December 1982. [organized by the] International Commission of Jurists and Human Rights Institute. Lucknow, India : International Commission of Jurists, Geneva, Switzerland [and] Human Rights Institute, c1984.
Shuttleworth, Charles. Malaysia's green and timeless world : an account of the flora, fauna, and indigenous peoples of the forests of Malaysia. Kuala Lumpur : Heinemann Asia, 1981.
Razon, Felix. The oppression of the indigenous peoples of the Philippines. Felix Razon, Richard Hensman. Copenhagen : International Work Group for Indigenous Affairs, 1976. IWGIA document ; 25.
Kingsbury, B. "'Indigenous Peoples' in International Law: A Constuctivist Approach to the Asian Controversy", 92 American Journal of International Law pp.414-457 (1998).
Aboriginal customary law : marriage, children and the distribution of property. The Law Reform Commission. Sydney : The Commission, 1982. Discussion paper (Australia. Law Reform Commission) ; no. 18.
Aboriginal land rights law in the Northern Territory General editor, Garth Nettheim. Chippendale, NSW, Australia : Alternative Pub. Co-operative, 1989-
Aboriginal landowners : contemporary issues in the determination of traditional aboriginal land ownership. L.R. Hiatt, editor. [Sydney] : University of Sydney, 1984.
Aboriginal peoples and treaties : seminar report. Edited by Juanita Ferguson. Hunters Hill, NSW : Conventions Coverage International, 1989.
Aboriginal reserves by-laws and human rights. Human Rights Commission. Canberra : Australian Govt. Pub. Serv., 1983. Occasional paper (Human Rights Commission (Australia)) ; no. 5.
Aboriginal sites, rights, and resource development. Edited by Ronald M. Berndt. Perth : Published for the Academy of the Social Sciences in Australia by University of Western Australia Press, 1982.
Aborigines and the law : essays in memory of Elizabeth Eggleston. Edited by Peter Hanks and Bryan Keon-Cohen. Sydney ; Boston : Allen & Unwin, 1984.
Australia. Law Reform Commission. The recognition of Aboriginal customary laws. Canberra : Australian Govt. Pub. Service, 1986. Report (Australia. Law Reform Commission) ; no. 31.
Bell, Diane. Law, the old and the new : Aboriginal women in Central Australia speak out. Diane Bell and Pam Ditton. Rev. ed. Canberra, A.C.T. : Published for Central Australian Aboriginal Legal Aid Service by Ab
Bird, Greta. The process of law in Australia : intercultural perspectives. Greta Bird ; with a foreword by R.J.L. Hawke. Sydney : Butterworths, 1988.
Broome, Richard. Aboriginal Australians : black response to white dominance, 1788-1980. Sydney ; Boston : Allen & Unwin, 1982.
Burger, Julian. Aborigines today : land and justice. London : Anti-Slavery Society, c1988. Indigenous peoples and development series ; report no. 1988-5.
Butlin, N. G. Our original aggression : Aboriginal populations of southeastern Australia, 1788-1850. Sydney ; Boston : G. Allen & Unwin, 1983.
Cole, Keith. Gronote Eylandt Aborigines and mining : a study in cross-cultural relationships. [Chatswood, N.S.W.] : Rigby, 1988.
Cousins, David. Aboriginals and the mining industry : case studies of the Australian experience. David Cousins, John Nieuwenhuysen. [Melbourne] : Committee for Economic Development of Australia ; Sydney ; Boston : G. Allen & Unwin, 1984.
Cowlishaw, Gillian. Black, white, or brindle : race in rural Australia. Cambridge [England] ; New York : Cambridge University Press, c1988.
Crawford, J. R. Aboriginal customary law : child custody, fostering and adoption. J. R. Crawford, F. M. Hewarth. Sydney : Australian Law Reform Commission, 1982.
English, P.B. Land rights and birthrights (the great Australian hoax) : an examination of the rights to ownership of former aboriginal land in Australia. Bullsbrook, W.A., Australia : Veritas Pub. Co. ; Seal Beach, CA, United States of America : Concord Books, 1985.
Erckenbrecht, C. Land und Landrecht der australischen Aborigines. Bonn : Holos, 1988.
Brennen, F. et.al. Finding common ground : an assessment of the bases of aboriginal land rights. Rev. ed., 2nd ed. Blackburn, Vic. : Collins Dove, 1986.
Tonkinson, R. and Howard, M. Going it alone? : prospects for Aboriginal autonomy : essays in honour of Ronald and Catherine Berndt. Canberra : Aboriginal Studies Press, 1990.
Goldie, T. Fear and temptation : the image of the indigene in Canadian, Australian, and New Zealand literatures. Kingston, Ont. : McGill-Queen's University Press, c1989.
Gumbert, M. Neither justice nor reason : a legal and anthropological analysis of aboriginal land rights. St Lucia, Qld., Australia ; New York : University of Queensland Press, 1984.
Hennessy, P. K. Aboriginal customary law : traditional and modern distributions of property. Sydney : Australian Law Reform Commission, 1982.
Nettheim, G. Human rights for Aboriginal people in the 1980s. Sydney : Legal Books, 1983.
Dyck, N. Indigenous peoples and the nation-state : 'fourth world' politics in Canada, Australia, and Norway. St. John's, Nfld., Canada : Institute of Social and Economic Research, Memorial University of Newfoundland, c1985.
Hocking, B. International law and aboriginal human rights. Sydney : Law Book Co., 1988.
Hazelhurst, K.M. Ivory scales : black Australia and the law. Kensington, NSW : NSWU Press in association with the Australian Institute of Criminology, c1987.
Kirk, Mildred. A change of ownership : aboriginal land rights. Milton, Qld. : Jacaranda Press, 1986.
Baker, K. The Land rights debate : selected documents. [Melbourne, Vic.] : Institute of Public Affairs, 1985.
Land rights now : the Aboriginal fight for land in Australia. Copenhagen : International Work Group for Indigenous Affairs, c1985. IWGIA document no. 54.
Libby, Ronald T. Hawke's law : the politics of mining and aboriginal land rights in Australia. Nedlands, W.A. : University of Western Australia Press, 1989.
Loos, Noel. Invasion and resistance : Aboriginal-European relations on the North Queensland frontier, 1861-1897. Canberra, Australia ; Miami, Fla., USA : Australian National University Press, 1982.
Maddock, Kenneth. Your land is our land : Aboriginal land rights. Ringwood, Vic. ; New York, N.Y. : Penguin Books, 1983.
McCorquodale, J. Aborigines and the law : a digest. Canberra : Aboriginal Studies Press, 1987.
McGill, S. and Grough, G.J. Indigenous resource rights and mining companies in North America and Australia. Canberra : Australian Government Publishing Service, 1986.
Morse, B.W. Aboriginal self-government in Australia and Canada. Kingston, Ont. : Institute of Intergovernmental Relations, c1984.
Mulvaney, D.J. Encounters in place : outsiders and aboriginal Australians, 1606-1985. St. Lucia, Qld., Aust. : University of Queensland Press, 1989.
Neate, G. Legal aspects of defence operations on aboriginal land in the Northern Territory. Canberra : Research School of Pacific Studies, Australian National University, .
Nettheim, G. Indigenous rights, human rights and Australia. London : Australian Studies Centre, Institute of Commonwealth Studies, University of London, .
Palmer, I. Buying back the land : organisational struggle and the Aboriginal Land Fund Commission. Canberra : Aboriginal Studies Press, 1988.
Reynolds, H. Aboriginal land rights in colonial Australia. Canberra : National Library of Australia, 1988.
Reynolds, H. Frontier : Aborigines, settlers, and land. Sydney ; Boston : Allen & Unwin, 1987.
Reynolds, H. The law of the land. Ringwood, Vic., Australia : Penguin Books ; New York, N.Y. : Viking Penguin, 1987.
Tatz, C.M. Aborigines & uranium and other essays. Richmond, Vic. : Heinemann Educational Australia, 1982.
Toohey, J. Seven years on : report by Mr. Justice Toohey to the Minister for Aboriginal Affairs on the Aboriginal Land Rights (Northern Territory) Act 1976 and related matters. Canberra : Australian Govt. Pub. Service, 1984.
Trigger, D.S. 'Whitefella comin' : Aboriginal responses to colonialism in northern Australia. [Victoria], Australia ; New York, N.Y. : Cambridge University Press, 1992.
Wilkie, M. Aboriginal land rights in N.S.W. Chippendale, N.S.W., Australia : Alternative Pub. Co-operative, in association with Black Books, 1985.
Wright, J. We call for a treaty. Sydney : Collins Fontana, 1985.
Yarwood, A.T. and Knowling, M.J. Race relations in Australia : a history. North Ryde, N.S.W. : Methuen Australia, 1982.
Cornell, J. and Howitt, R. Mining and indigenous peoples in Australia. Sydney : University Press, 1991.
Trigger, D.S. 'Whitefella comin' : colonialism, resistance, and consent in north Australia. [Victoria], Australia ; New York, N.Y. : Cambridge University Press, 1991.
Bawden, P. The years before Waitangi : a story of early Maori European contact in New Zealand. [Auckland, N.Z.] : Distributed by Benton Press, c1987.
Brownlie, I., and Brookfield, F.M. Treaties and indigenous peoples. Oxford : Clarendon Press ; New York : Oxford University Press, 1992.
McHugh, P.G. Maori land laws of New Zealand : two essays. Saskatoon : University of Saskatchewan Native Law Centre, 1983. Studies in aboriginal rights no. 7.
McHugh, P.G. The Maori Magna Carta : New Zealand law and the Treaty of Waitangi. Auckland ; New York : Oxford University Press, 1991.
McKenzie, D.F. Oral culture, literacy & print in early New Zealand : the Treaty of Waitangi. Wellington, N.Z. : Victoria University Press with the Alexander Turnbull Library Endowment Trust, 1985.
Orange, C. The Treaty of Waitangi. Wellington ; Winchester, Mass., USA : Allen & Unwin : Port Nicolson Press, with assistance from the Historical Publications Branch, Dept. of Internal Affairs, Wellington, 1987 (1988 printing).
Remember Waitangi. [Otara, N.Z. : Waitanga Action Committee, 1982?].
Sharp, A. Justice and the Maori : Maori claims in New Zealand political argument in the 1980's. Auckland ; New York : Oxford University Press, 1990.
Kawhuru, I.H. Waitangi : Maori and Pakeha perspectives of the Treaty of Waitangi. Auckland ; New York : Oxford University Press, 1989.
Pearson, D. A dream deferred : the origins of ethnic conflict in New Zealand. Wellington ; Boston : Allen & Unwin : Port Nicholson Press, 1990.
Self determination and indigenous peoples ; Sami rights and northern perspectives compiled and edited from the Seminar Self-determination and Indigenous Peoples. Copenhagen : IWGIA, 1987. IWGIA document ; 58.
Indigenous peoples of the Soviet North. Copenhagen : IWGIA, . IWGIA Document; 67: International Congress of Anthropological and Ethnological Sciences, 9th, Chicago, 1973.
International Convention on the Suppression and Punishment of the Crime of Apartheid
International Convention against Apartheid in Sports
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note 1. Copyright (c) 1992-2012, Steven C. Perkins. All rights reserved. This document was prepared for presentation at the 1992 Annual Meeting of the American Association of Law Libraries. It may be reproduced for non-profit educational use if this notice appears on the reproduction.
note 2. MLL, 1983, Univ. of Denver; JD, 1979; BA, 1976, Univ. of Cincinnati. http://stevencperkins.com/.
note 3. U.N. Doc. ECN.4Sub.21989L.46 at 2.
note 4. For discussion of an earlier such conflict over Chap. XI, Art. 73(e) of the U.N. Charter see, G. Bennet, Aboriginal Rights in International Law, p.13 (1978).
note 5. See, Sanders, Douglas, The UN Working Group on Indigenous Populations, 11 Hum. Rights Q. p.405, at 428-429 (1989).
note 6. See, Sanders, Douglas, The UN Working Group on Indigenous Populations,, 11 Hum. Rights Q. p.405, at 423-427 (1989).
note 7. The Constitutional Role of the Waitangi Tribunal, New Zealand L. J. 224(3) (July 1985).
note 8. See also, Gibson, A.M., Philosophical, Legal, and Social Rationales for Appropriating the Tribal Estate, 1607 to 1980, 12 Am. Ind. L. Rev. p.3 (1984).
note 9. See, "On the Indians Lately Discovered", in De Indis et de Iure Belli Reflectiones, (E. Nys ed., J. Bate trans) Classics of International Law (1917).
note 10. de Las Casas, B. The Devastation of the Indies: A Brief Account. Seville:(1552) : Baltimore: Johns Hopkins Univ. Press, (1992).