This reality is not generally included in history books: "Until the late 1970s, mainstream historians propagated the view that everything significant about America began in 1492 or thereafter and that the story of America was of the triumph of European peoples bringing civilization and prosperity."1 The writing of history is dominated by the Eurocentric2 view of the world: One of the most powerful [...] In order to understand the situation of Indigenous Peoples within the context of international law, there is a need to exam- ine the history of interaction between Indigenous Peoples of the Americas and the states that colonized their lands.5 Columbus arrived on the shores of the Indigenous America in 1492. [...] This denial of the rights of Indigenous Peoples in the Americas gave rise to the role of the sovereign and state in the subsequent devel- 5 Our Elders Understand Our Rights: Evolving International Law Regarding Indigenous Peoples opment of customary international law. [...] Third, the most inter- esting component was not about the biology of Indigenous Peoples— whether they were indeed humans—but rather "whether the Indians were to be accorded the status of legitimate humans in the eyes of the church and state."27 Fourth was the treatment of Indigenous Peoples as objects of the debate without inviting them to be active participants. [...] After the war in Indigenous America against the French and their Indigenous allies (1755-1763), the British monarch, George III, recon- firmed boundaries between the colonies and the Indigenous territories in the Royal Proclamation of 1763.33 Nearly one-third of the text is devoted to British relations with Indigenous Nations, many of whom were allied to the British victors.
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- Bibliography, etc. Note
- Includes bibliographical references (p. 172-204)
- Control Number Identifier
- CaOOCEL
- Dewey Decimal Classification Number
- 341.4/81/08997
- Dewey Decimal Edition Number
- 21
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- 9781459314283 0919441661
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- K3242
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- V46 2003eb
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- 1 electronic text (228 p.)
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- CaOOCEL
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- (CaBNVSL)thg00602965 (OCoLC)244769114 (CaOOCEL)408756
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Table of Contents
- Table of Contents 6
- Introduction 11
- Discovering Peoples in International Law 16
- Introduction 16
- Doctrine of Discovery 17
- Columbus Comes to America 17
- Papal Bulls 18
- Vitoria and Las Casas 20
- Council of the Indies 21
- Effect of Doctrine of Discovery 23
- Sources of International Law 25
- Custom 26
- Treaties 28
- International Law on Treaties 29
- Jus Cogens 30
- General Principles of Law 31
- Secondary Sources 32
- Conclusion 34
- Modern International Organizations 43
- Introduction 43
- League of Nations 44
- International Labour Organizations 45
- Contribution to International Law 46
- Action on Indigenous Peoples 47
- Non-UN Organizations 49
- Organization of African Unity 50
- Organization of American States 52
- World Bank 54
- United Nations 57
- General Assembly 57
- International Court of Justice 59
- Commission on Human Rights 62
- UN High Commissioner for Human Rights 63
- Sub–Commission on the Prevention of Discrimination and Protection of Minorities 65
- Role of Special Rapporteurs 65
- Working Group on Indigenous People 66
- Conclusion 68
- Indigenous Peoples and Minorities in International Law 83
- Introduction 83
- Rights of Peoples 83
- ILO Convention 107 84
- UN Charter 86
- Studying Minorities and Peoples 91
- Indigenous Peoples at the UN 98
- First Optional Protocol 98
- International Court Cases 101
- Defining Indigenous Peoples and Rights 101
- Conclusion 109
- Key Provisions of the Draft Declaration on the Rights of Indigenous Peoples 122
- Introduction 122
- Background to the Declaration 122
- Continuing UN Charter Activities 123
- Participation by Indigenous Peoples 124
- The Draft Declaration 127
- Right to Self-Identification 131
- Self-Determination 134
- Rights to Land and Resources 137
- Conclusion 143
- The Response of The UN to the Draft Declaration 150
- Introduction 150
- Drafting of the Declaration 153
- Development of International Rights Standards 153
- Participation by Indigenous Peoples 159
- The Sub—Commission 168
- Commission on Human Rights 169
- Inter–Sessional Working Group 173
- Preparing for the General Assembly 175
- Conclusion 178
- Bibliography 187
- General UN Documents 187
- International Labour Organization 189
- World Bank 191
- Working Group on Indigenous Peoples 191
- Other Instruments 193
- International Court of Justice 194
- Human Rights Committee Cases 194
- Secondary Sources 195
- Books 195
- Articles 205
- Appendix I: Draft Declaration on the Rights of Indigenous Peoples 220
- Appendix II: Draft of the Inter-American Declaration on the Rights of Indigenous Peoples 232