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The rights of indigenous peoples


In this series, a complete overview of the various instruments dealing with the rights of indigenous peoples is being presented. The collection is divided into several different volumes, providing wide-ranging insights in the rights of indigenous peoples, thus offering a valuable legal tool for academic collections. The first volumes of the section contain selected basic documents and background materials, focusing on the various international human rights tools, dealing with indigenous rights, as well as on the ILO Conventions that were the first legal instruments for protecting the rights of indigenous peoples. Next to that, the United Nations framework is included, varying from general documents to the collection of reports of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples. The following volumes address issues, such as: The Martinez Cobo studies; language and education; nature, land and territories; health; children; discrimination and equality. The first mechanism ever to protect the rights of indigenous peoples has been developed by the International Labour Organization (ILO). The ILO has developed two Conventions dedicated to the rights of indigenous peoples. The first is ILO Convention No. 107 of 1957, which provided special measures in matters concerning labor, social security, health and general education aimed at achieving equal treatment for native and indigenous workers. Also, land rights of indigenous peoples were recognized and protected in Convention No. 107. In 1989, ILO Convention No. 169 was adopted. This Convention refers to “the need to respect the continued existence and ways of life of indigenous and tribal peoples, and to involve them fully in taking decisions that concern them.” Furthermore, it strengthens the right of indigenous peoples to lands traditionally owned by them by including the right to the natural resources connected with those lands. Ever since, the protection of the rights of indigenous people has been included in the mandate of other international human rights instruments. The first occasion on which the United Nations (UN) showed concern for the situation of indigenous peoples was in 1949, when the General Assembly asked the Sub-Commission on Prevention of Discrimination and Protection of Minorities to study the living conditions of indigenous Americans. After this, in 1971, the Economic and Social Council authorized this Sub-Commission to undertake a study on the problem of discrimination against indigenous populations. This study was performed by José Martínez Cobo and it was completed in 1983. Part of his results was the recommendation to adopt a declaration, which could eventually lead to a convention, and he stated some relevant principles, which should be included in a definition.45 In the following 25 years, up until now, various international and regional bodies and mechanisms were established that were all exploring this new field of studies, and that tried to develop rules that would better protect the rights of indigenous peoples.In 1982, the Working Group on Indigenous Populations (WGIP) was established by the Sub-Commission. In 1985, it started working on a declaration on the rights of indigenous peoples. It completed the draft in 1993 and in 1995, the Commission on Human Rights set up its own working group, the Working Group on the Draft Declaration, to review the draft adopted by the human rights experts of the WGIP and Sub-Commission. Finally, on 29 June 2006, a Draft Declaration on the Rights of Indigenous Peoples was adopted by the UN Human Rights Council, covering all kinds of rights, from non-discrimination to the use of natural resources. While the negotiations on the Declaration were still going on, in 2000, the UN Permanent Forum on Indigenous Issues was established by the UN Economic and Social Council, in order to provide expert advice to the Economic and Social Council on indigenous issues related to economic and social development, culture, the environment, education, health and human rights, and to raise awareness with regard to indigenous issues. It was established after indigenous peoples and members of the WGIP expressed their concern that in the current UN structure, issues of concern to indigenous peoples were not addressed adequately and that the participation of indigenous representatives in the UN system was limited. The UN Permanent Forum on Indigenous Issues aims at providing an opportunity for indigenous peoples to participate at the global level in discussions related to their rights and situation. In December 2007, shortly after the adoption of the aforementioned Declaration, a new Expert Mechanism on the Rights of Indigenous Peoples was established, to replace the WGIP. This Expert Mechanism is subsidiary to the Human Rights Council, and it is to “assist the Human Rights Council in the implementation of its mandate,” for example, through advice on proposals regarding the rights of indigenous peoples. On 1 February 2008, the UN Development Group approved Guidelines on Indigenous Peoples’ Issues. These Guidelines are designed to assist UN Country Teams integrate indigenous peoples’ issues into country policies and programs. TheGuidelines give a clear view on the current state of affairs with regard to indigenous rights. They are divided up into three sections: an overview of current norms and standards; a checklist of key issues and related human rights; and specific programmatic issues for addressing and mainstreaming indigenous peoples’ issues, for example, on how to take a culturally sensitive approach.

Overview of the Collection:

The main-volumes 

Volume Title
I.1 Selected Basic Documents nad background Materials - Part 1
I.2 Selected Basic Documents nad background Materials - Part 2
I.3 Selected Basic Documents nad background Materials - Part 3
I.4 Selected Basic Documents nad background Materials - Part 4
I.5 Selected Basic Documents nad background Materials - Part 5
II.1 The Martinez Cobo Studies - Part 1
II.2 The Martinez Cobo Studies - Part 2
II.3 The Martinez Cobo Studies - Part 3
I.1 Selected Basic Documents and background Materials - Part 1
I.2 Selected Basic Documents and background Materials - Part 2
I.3 Selected Basic Documents and background Materials - Part 3
I.4 Selected Basic Documents and background Materials - Part 4
1.6 Permanent Forum on Indigenous Issues 2010 part 1
1.7 Permanent Forum on Indigenous Issues; 2010 part 2
1.8 Permanent Forum on Indigenous Issues; 2010 part 3
1.9 World Conference on Indigenous Peoples
IV.1 regional and national reports
IV.2 regional and national reports
IV.3 regional and national reports
IV.4 regional and national reports
IV.5 regional and national reports
IV.6 regional and national reports
IV.7  Regional and National Reports 2013
IV.8  Regional and National Reports 2014
IV.9  Regional and National Reports 2015
IV.10  Regional and National Reports 2016
IV.11  Regional and National Reports 2017
IV.12a  Regional and National Reports 2018
IV.12b  Regional and National Reports 2018
IV.13a  Regional and National Reports 2019
IV.13b  Regional and National Reports 2019
XIV Indigenous Peoples’ Rights In International Law: Emergence And Application
XV A Study On The Socio-Economic Status Of Indigenous Peoples In Nepal/Research And Information Visit To The Republic Of Tanzania
XVI Shifting Cultivation, Livelihood And Food Security
XVII Various Reports
XVII Various Reports
XIX Various Reports
XX Various Reports
XXI Silenced Genocides The Conservative And Neoliberal Strategy To Deny Indigenous Peoples And Traditional Communities Their Rights In Brazil/Peru:Deforestation In Times Of Climate Change
XXII.1 Australia Various Reports
XXII.2 Australia Various Reports