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Patrick Thornberry - Indigenous Peoples and Human Rights

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Indigenous peoples and human rights

Melland Schill Studies in International Law
Series editor Professor Dominic McGoldrick

The Melland Schill name has a long-established reputation for high standards of scholarship. Each volume in the series addresses major public international law issues and current developments. Many of the Melland Schill volumes have become standard works of reference. Interdisciplinary and accessible, the contributions are vital reading for students, scholars and practitioners of public international law, international organisations, international relations, international politics, international economics and international development.

Acknowledgements

My thanks goes firstly to Manchester University Press for their enormous patience with someone who spent a number of years not writing this book, and to Tony Mason in particular for encouraging me to finish it. I would like to extend special thanks to Dr Jeremy McBride of the University of Birmingham who suggested the project and supervised its initial stages, and to Professor Dominic McGoldrick, series editor, for his generous assistance and guidance. Beyond these prime movers, I wish to remember Pekka Aikio, Gudmundur Alfredsson, James Anaya, Anti-Slavery International, Michael Banton, Julian Burger, Erica-Irene Daes, Mara Amor Martn Estbanez, Andrew Gray, Lauri Hannikainen, Frank Horn, John Henriksen, John Horton, Paul Hunt, IWGIA, Keele University, Osvaldo Kreimer, Virginia Leary, Andrew Linklater, Juan Mendez, Minority Rights Group, Johannes Morsink, Rachel Murray, Javaid Rehman, Chandra Roy, Martin Scheinin, Dawn Sedman, Lee Swepston, Francesca Thornberry, zlem lgen and Alexandra Xanthaki, for various contributions to the development of ideas, information and resources for writing this book contributions of which they may not all be equally aware. I also wish to thank my family for their emotional and practical support during a tortuous writing process.

The early interest in writing the book developed from attending meetings of the UN Working Group on Indigenous Populations in the early 1990s, where I made many friends from among the assembled peoples. I never forgot this experience. This book is for those who were there, for those who are no longer with us, and for all indigenous peoples. I hope they will understand and foregive any errors or misconceptions on my part.

Patrick Thornberry

Indigenous peoples and human rights

Patrick Thornberry

Copyright Patrick Thornberry 2002 The right of Patrick Thornberry to be - photo 1

Copyright Patrick Thornberry 2002

The right of Patrick Thornberry to be identified as the author
of this work has been asserted by him in accordance with
the Copyright, Designs and Patents Act 1988.

Published by Manchester University Press
Oxford Road, Manchester M13 9NR, UK
www.manchesteruniversitypress.co.uk

British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library

First published in the USA and Canada by Juris Publishing, Inc.
Executive Park, One Odell Plaza, NY 10701

Library of Congress Cataloging-in-Publication Data applied for

ISBN 978 0 7190 3793 1

First published 2002

10 09 08 07 06 05 04 03 02 10 9 8 7 6 5 4 3 2 1

Typeset in 10/12pt Times
by Graphicraft Limited, Hong Kong
Printed in Great Britain
by Bookcraft (Bath) Ltd, Midsomer Norton

Contents
Table of cases
List of abbreviations

AC

Advisory Committee

AJIL

American Journal of International Law

ALR

Australian Law Reports

APAJ

Comision Juridica para el Autodesarollo de los Pueblos Originarios Andinos

ARIS

Anti-Racism Information Service

ATSIC

Aboriginal and Torres Strait Islander Commission

CD

Collection of Decisions of the European Commission of Human Rights

CEACR

ILO Committee of Experts on the Application of Conventions and Recommendations

CEDAW

Convention on Discrimination Against Women

CERD

Committee on the Elimination of Racial Discrimination

CGTP

General Confederation of Workers of Peru

CISA

Indian Council of South America

CLR

Commonwealth Law Reports

COM

Committee of Ministers

CONFENIAE

Confederacion de Nacionalidades Indigenas de la Amazonia Ecuatoriana

CRC

Convention on the Rights of the Child

DLR

Dominion Law Report

DR

Decisions and Reports of the European Commission of Human Rights

EC

European Community

ECHR

European Convention on Human Rights; European Court of HR

ECOSOC

UN Economic and Social Council

EHRR

European Human Rights Reports

EJIL

European Journal of International Law

ESC (Committee)

Committee on Economic Social and Cultural Rights

FAT

Authentic Workers Front [Mexico]

FCNM

Framework Convention for the Protection of National Minorities

GA

General Assembly

GAOR

GA Official Reports

HABITAT

Centre for Human Settlements

HGDP

Human Genome Diversity Project

HL

House of Lords

HR

Human Rights

HRC

Human Rights Committee

HRLJ

Human Rights Law Journal

IACHR

Inter-American Commission on Human Rights

ICCPR

International Covenant on Civil and Political Rights

ICEARD

International Convention on the Elimination of All Forms of Racial Discrimination

ICESCR

International Covenant on Economic, Social and Cultural Rights

ICIHI

Independent Commission on International Humanitarian Issues

ICJ

International Court of Justice

ICLQ

International and Comparative Law Quarterly

ILC

International Labour Conference

ILCCR

ILO Conference Committee on the Applications of Standards

ILM

International Legal Materials

ILO

International Labour Organization

IMADR

International Movement Against All Forms of Discrimination and Racism

Inter-Am. CHR

Inter-American Court of Human Rights

IWGIA

International Work Group for Indigenous Affairs

JFBA

Japanese Federation of Bar Associations

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