ABSTRACT

This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

chapter 1|10 pages

Introduction

part I|38 pages

Indigeneity

chapter 3|11 pages

Beyond Black and White

Essentialism, hybridity and Indigeneity

chapter 4|14 pages

Indigenous membership and human rights

When self-identification meets self-constitution

part II|78 pages

Right and governance

chapter 6|14 pages

Development projects and indigenous peoples' land

Defining the scope of free, prior and informed consent

chapter 9|16 pages

The long reach of frontier justice

Canadian land claims as a human rights violation

part III|37 pages

Indigeneity

chapter 10|17 pages

Indigenous women's rights and international law

Challenges of the UN Declaration on the Rights of Indigenous Peoples

part IV|85 pages

Development and the environment

chapter 12|14 pages

Living well with the Earth

Indigenous rights and the environment

chapter 15|14 pages

The fetish mechanism

A post-dogmatic case study of the Atacama Desert peoples and the extractive industries

part V|31 pages

Mobilization for indigenous peoples' rights

chapter 18|14 pages

Indigenous mobilization and activism

The San, the Botswana state and the international community

part VI|30 pages

Justice and reparations

chapter 19|16 pages

Beyond lawful obligation

The Indian Specific Claims Commission as a mechanism of transitional justice in Canada

chapter 20|12 pages

Reconciliation, reparations and rights

Indigenous Australians and the stolen generations

part VII|56 pages

International monitoring and mechanisms for indigenous peoples' rights

chapter 21|16 pages

From outsiders to centre stage

Three decades of indigenous peoples' presence at the United Nations

chapter 24|14 pages

From theory to practice

Holistic strategies for effective advocacy

part VIII|74 pages

Regional case studies