Indigenous Peoples in International Law

by Anaya, S. James

• ISBN13: 9780195173505
• ISBN10: 0195173503
• Edition: 2nd
• Format: Paperback
• Copyright: 2004-09-23
• Publisher: Oxford University Press

Summary

In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends ininternational law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested inthe dynamics of indigenous and ethnic identity.

Author Biography

S. James Anaya is James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona, James E. Rogers College of Law, where he teaches and writes in the fields of international human rights, indigenous peoples' rights, and constitutional law. He has practiced law representing Native American peoples and organizations in matters before United States courts and international institutions.

Table of Contents

Introduction,	3	(12)
PART I. DEVELOPMENTS OVER TIME
1. The Historical Context,	15	(34)
The Early Naturalist Frame,	16	(3)
The Early Modern State System and the Law of Nations,	19	(7)
The Positivists' International Law,	26	(5)
Trusteeship Doctrine and Its "Civilizing" Mission,	31	(18)
2. Developments within the Modern Era of Human Rights,	49	(48)
The Contemporary International Legal System,	49	(4)
The Initial Model within the Modern Human Rights Frame,	53	(3)
The Contemporary Indigenous Rights Movement,	56	(2)
ILO Convention No. 169 of 1989,	58	(3)
New and Emergent Customary International Law,	61	(36)
PART II. CONTEMPORARY INTERNATIONAL NORMS
3. Self-Determination: A Foundational Principle,	97	(32)
The Character and Scope of Self-Determination,	98	(2)
Implications of the Term Peoples,	100	(3)
The Content of Self-Determination,	103	(1)
Substantive Aspects,	104	(25)
Remedial Aspects,	106	(4)
Self-Determination and Contemporary International Practice Concerning Indigenous Peoples,	110	(19)
4. Norms Elaborating the Elements of Self-Determination,	129	(56)
Nondiscrimination,	129	(2)
Cultural Integrity,	131	(10)
Lands and Natural Resources,	141	(7)
Social Welfare and Development,	148	(2)
Self-Government: Autonomy and Participation,	150	(35)
Autonomy,	151	(2)
Participation/Consultation,	153	(32)
5. The Duty of States to Implement International Norms,	185	(32)
Toward Negotiated Agreement and Respect for Historical Treaties,	187	(3)
State Institutional Mechanisms,	190	(27)
Executive Action,	190	(2)
Legislative Action and Constitutional Reform,	192	(2)
Judicial Procedures,	194	(23)
PART III. NORM IMPLEMENTATION AND INTERNATIONAL PROCEDURES
6. International Monitoring Procedures,	217	(31)
The Creation of the Permanent Forum on Indigenous Issues,	219	(2)
Review of Developments by the U.N. Working Group on Indigenous Populations,	221	(1)
Monitoring by the U.N. Commission on Human Rights, Its Sub-Commission, and Its Special Rapporteur,	222	(4)
ILO Convention Compliance Monitoring,	226	(2)
Monitoring/Reporting Procedures of the U.N. Human Rights Committee and CERD,	228	(4)
Country Reports by the Inter-American Commission on Human Rights,	232	(16)
7. International Complaint Procedures,	248	(45)
Complaint Procedures Connected to ILO Conventions,	249	(4)
The U.N. Human Rights Committee and Individual Communications under the Optional Protocol to the ICCPR,	253	(5)
Complaint Procedures within the Inter-American System,	258	(31)
Petitions to the Inter-American Commission on Human Rights,	259	(7)
The Adjudication of Complaints by the Inter-American Court of Human Rights: The Awas Tingni Case,	266	(23)
Conclusion,	289	(4)
Appendix: Selected Documents,	293	(50)
Draft Declaration of Principles for the Defense of the Indigenous Nations and Peoples of the Western Hemisphere,	293	(3)
Declaration of Principles of Indigenous Rights,	296	(2)
Declaration of Principles on the Rights of Indigenous Peoples,	298	(2)
Declaration of San Jose,	300	(2)
Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries,	302	(12)
Agenda 21: Chapter 26,	314	(4)
Draft United Nations Declaration on the Rights of Indigenous Peoples,	318	(10)
Resolution on Action Required Internationally to Provide Effective Protection for Indigenous Peoples,	328	(2)
Proposed American Declaration on the Rights of Indigenous Peoples,	330	(11)
Committee on the Elimination of Racial Discrimination (CERD), General Recommendation (XXIII) Concerning Indigenous Peoples,	341	(2)
Bibliography,	343	(24)
Table of Principal Documents,	367	(6)
Table of Cases,	373	(6)
Index,	379