This book is the first full-length study of the rights of indigenous peoples, and looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia. The book defines who and what indigenous peoples actually are, and looks at their position in the light of the development of international law. It then looks at their legal position, and their economic, social and cultural rights in respect of various laws and conventions passed on a national and international scale throughout the world. Among the global and regional legal instruments considered in the book are The International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the Racial Discrimination Convention, The African Charter on Human and Peoples Rights, the UN Draft Declaration in Indigenous Peoples and The Proposed American Declaration on the Rights of Indigenous Peoples. The development of human rights legislation and principles as a central tenet of international law has been of considerable benefit to indigenous peoples, although the language of human rights does not always suit indigenous societies, and sets apparent limits to the kind of social practices embraced. This is still a vitally important issue and the emotional subject of reciprocity still needs to be handled sensitively.
Patrick Thornberry has extensive experience in teaching International Law, Human Rights and Philosophy of Law. Author of International Law and the Rights of Minorities (Oxford University Press: 1990); and Minorities and Human Rights Law (Minority Rights Group: 1987 and 1991) as well as numerous articles in the field of international law and human rights. He has participated in drafting international instruments at the UN Human Rights Commission and is a recognized expert on Rights of Minorities at the Council of Europe and the United Nations.
"Both publisher and author are to be congratulated on this monumental work."
-Journal of Ethnic & Migration Studies
"Indigenous People and Human Rights should serve as an authoritative reference tool for legal scholars engaged in judicial reviews or formulating legal instruments relating to indigenous peoples... This book should provide a sound guide for the type of documentation needed to anchor complex legal arguments, in order to ensure conformity to such important legal frameworks as the International Covenant on Civil and Political Rights, the Racial Discrimination Convention, the African Charter on Human and Peoples Rights, and the UN Draft Declaration on Indigenous Peoples."
- British Review of New Zealand Studies
