Indigenous and Ethnic Minority International Legal News

E-learning course on minority rights and indigenous peoples

2009-06-26T12:30:00.000-07:00

E-learning course on minority rights and indigenous peoples

The course traces the conceptual, political and legal questions associated with the protection of minorities. Participants will debate the challenges of protecting "new" minorities (such as migrants) as opposed to "old" (autochtonous) minorities. Some topics addressed include rights related to religion, language, land, and education. Apply by 1 August 2009.

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The European Commission against Racism and Intolerance (ECRI) releases its annual activity report for 2008

2009-06-17T12:25:00.000-07:00

ECRI'S LISTSERVE

Publication of ECRI’s Annual Report

STRASBOURG, 02.06.2009: The European Commission against Racism and
Intolerance (ECRI) releases its annual activity report for 2008. This
Annual Report describes ECRI’s main activities in 2008 and also
highlights the main trends with regard to the presence of racism,
xenophobia, antisemitism and intolerance across Europe:

http://www.coe.int/t/dghl/monitoring/ecri/default_en.asp

ECRI is an independent human rights body of the Council of Europe which
monitors problems of racism and intolerance, prepares reports and issues
recommendations to member states.

Reports from the 8th Session of the U.N. Permanent Forum on Indigenous Issues

2009-06-16T18:33:00.000-07:00

A partial set of reports from the 8th session of the U.N. Permanent Forum on Indigenous Issues, held 18-29 May, 2009 in New York, are available at this site: http://www.un.org/esa/socdev/unpfii/en/session_eighth.html

Draft Report on the Periodic Universal Review: New Zealand

2009-05-26T18:19:00.001-07:00

The U.N. Human Rights Council Working Group on the Universal Periodic Review issued its Draft Report on the Universal Periodic Review: New Zealand and recommended strengthening protection for the Maori.

Academy on Human Rights, American University, Washington College of Law

2009-05-26T08:02:00.000-07:00

Human Rights Month (May 18 – June 12, 2009)
A month of events dedicated to human rights theory sponsored by the American University Washington College of Law, Academy on Human Rights and Humanitarian Law. The following panels include former presidents of the Inter-American Commission and the Court, as well as representatives from human rights organizations, and academia.

Panels
May 27: The Role of International Courts: Current Issues and Future Challenges
May 29: Ratification of Human Rights Treaties and the Obama Administration
June 1: Environment and Human Rights: Developments on Implementation
Co-sponsored by the International and Comparative Environmental Law Program, American University
June 3: Indigenous Peoples Rights: Current Status in International Human Rights Law
June 5-9: IV Annual Meeting on Human Rights: The 50th Anniversary of the Inter-American Commission on Human Rights
June 5: A Retrospective Look at the Work of the Commission
June 8: Freedom of Expression: A Key Issue on the Commission’s Agenda
June 9: A Look at the Future of the Commission: How will it Evolve?
June 10: Human Rights Violations after 9/11: A Debate about Accountability

Details: WCL Room 603, 12:30 to 2:30
Live webcast on our website: www.wcl.american.edu/humright/hracademy/hrmonth.cfm
RSVP: www.wcl.american.edu/secle/registration
Phone: 202-274-4295
Email: hracademy@wcl.american.edu

UN Handbook on Prisoners with Special Needs

2009-04-15T08:32:00.000-07:00

From UN Pulse:

Prisoners with special needs handbook
Posted at 10:50:58 AM in Human Rights | | Permanent Link: Prisoners with special needs handbook
The UN Office on Drugs and Crime (UNODC) has issued another publication for its Criminal Justice Handbook series. The Handbook on Prisoners with Special Needs (full-text, pdf) covers the special needs of prisoners in eight groups, namely:

Prisoners with mental health care needs;
Prisoners with disabilities;
Ethnic and racial minorities and indigenous peoples;
Foreign national prisoners;
Lesbian, gay, bisexual and transgender prisoners;
Older prisoners;
Prisoners with terminal illness;
Prisoners under sentence of death.

U.N. Handbook on Prisoners with Special Needs

Recent Law Review articles on Indigenous Peoples June-Dec 2008

2009-04-01T12:56:00.000-07:00

From High Hopes to Disillusionment: Indigenous Peoples' Struggle to (re)Gain Their Right to Self-determination
Koivurova, Timo
International Journal on Minority and Group Rights, Volume 15, Number 1, 2008, p.1-26

Possessing the Pacific: Land, Settlers, and Indigenous People from Australia to Alaska, by Stuart Banner
Eamon Lorincz
Harvard Environmental Law Review, Volume 32, Number 2, 2008, p.597

Fencing Off the Eagle and the Condor, Border Politics, and Indigenous Peoples
Angelique EagleWoman
Natural Resources & Environment, Volume 23, Number 2, Fall 2008, p.33

The Impact of the United Nations Declaration on the Rights of Indigenous Peoples on Wisconsin Tribes
Jon Beidelschies
Wisconsin International Law Journal, Volume 26, Number 2, Summer 2008, p.479

Who are the Indigenous Peoples of Canada and New Zealand?
Natalie Coates
Journal of South Pacific Law, Volume 12, Number 1, 2008, p.49-55

Indigenous Sovereignty: A Reassessment in Light of the UN Declaration on the Rights of Indigenous Peoples
Siegfried Wiessner
Vanderbilt Journal of Transnational Law, Volume 41, Number 4, October 2008, p.1141

Climate Change and Human Rights: Issues and Opportunities for Indigenous Peoples
Emily Gerrard
University of New South Wales Law Journal, Volume 31, Number 3, 2008, p.941

Australia to sign UN Declaration on the Rights of Indigenous Peoples

2009-03-18T19:15:00.000-07:00

Australia to Become Signatory to the United Nations Declaration on Rights of Indigenous Peoples

Posted: Friday, 13 March 2009, 9:56 (EST)

According to 2009 Australian of the Year, Professor Mick Dodson, the Rudd Government would reverse the position of the previous Howard administration to sign the United Nations Declaration on Rights of Indigenous Peoples.

After the Formal Apology to the Stolen Generations, the Federal Government has committed to establish and implement policies to reduce the gap between non-indigenous Australians and indigenous Australians.

Continued here:http://au.christiantoday.com/article/australia-to-become-signatory-to-the-united-nations-declaration-on-rights-of-indigenous-peoples/5711.htm

UN Human Rights Day 2008

2008-12-10T13:18:00.000-08:00

Schedule of Events for Human Rights Day 10 December, 2008
at UN Headquarters in New York

On Human Rights Day, 10 December, 2007 the Secretary-General launched a year-long campaign during which all parts of the United Nations family took part in the lead up to the 60th anniversary of the Universal Declaration of Human Rights (UDHR) on Human Rights Day 2008.

With more than 360 language versions to help them, UN organizations around the globe used the year to focus on helping people everywhere to learn about their human rights. The UDHR was the first international recognition that all human beings have fundamental rights and freedoms and it continues to be a living and relevant document today.

The theme of the campaign, “Dignity and justice for all of us,” reinforces the vision of the Declaration as a commitment to universal dignity and justice and not something that should be viewed as a luxury or a wish-list.

Continued here: http://www.un.org/events/humanrights/2008/.

Amazon Indians' protest forces repeal of laws

2008-09-13T18:05:00.000-07:00

{From Survival International}

Protests by thousands of Indians across the Peruvian Amazon have led to the repeal of two controversial laws by the Peruvian Congress.

The protests were in response to new laws decreed by President Garcia that the Indians said undermined their rights and made it easier for outsiders to seize control of their territories.

Following ten days of protests, Congress voted to repeal two of the most controversial laws – Legislative Decrees 1015 and 1073. The leader of Peru’s national Amazon Indian organisation, AIDESEP, described the decision as heralding a ‘new dawn’ for indigenous peoples in Peru.

The protests, called off last week, involved an estimated 14,000 Indians. Roads and a river were blockaded, an oil pipeline picketed, and a hydroelectric plant surrounded.

The repeal of the two laws must be approved by Peru’s Executive.

Call for Papers: 2009 HUMAN RIGHTS ESSAY AWARD

2008-09-11T11:51:00.000-07:00

CALL FOR PAPERS
2009 HUMAN RIGHTS ESSAY AWARD

Academy on Human Rights and Humanitarian Law
American University Washington College of Law

The Academy is proud to announce the topic of the 2009 Human Rights Essay Award. This year’s topic for the essay in English is: “60 years of the Universal Declaration of Human Rights: its contemporary normative impact”. Deadline for submissions is February 3, 2009.

About the Award

This annual competition seeks to stimulate the production of scholarly works in international human rights law. The Academy on Human Rights and Humanitarian Law grants two Awards, one for the best article in English and one for the best article in Spanish. The Jury deciding the Award will be comprised of professionals with a recognized expertise in international human rights law. The best articles may be published in the American University International Law Review.

The Award in each case will consist of:
a scholarship to the 2009 Specialized Human Rights Program
travel expenses* to Washington D.C.
housing* at the university dorms
per diem for living expenses* for the three-week session

Eligibility and Requirements

· Participants may choose any subject related to the assigned topic: “60 years of the Universal Declaration of Human Rights: its contemporary normative impact”.
· Candidates must hold a law degree.
· Submissions must be unpublished legal papers in English, written solely by the candidate.
· Articles must not exceed 35 pages, including footnotes, and must be double spaced using 12-point Times New Roman font.
· Articles must be submitted via email to hracademy@wcl.american.edu in Microsoft Word format.
· The deadline to submit articles is February 3, 2009, at 10:00 a.m. EST.
· Winners will be announced on April 1, 2009 on our website
· A comprehensive list of rules is available at: www.wcl.american.edu/hracademy.hraward.cfm

If you have questions please contact the Academy of Human Rights and Humanitarian Law at 202-274-4070 or via email at hracademy@wcl.american.edu

*subject to restrictions

Article: Oil and Gas Projects in the Western Amazon: Threats to Wilderness, Biodiversity, and Indigenous Peoples

2008-08-13T11:06:00.000-07:00

Oil and Gas Projects in the Western Amazon: Threats to Wilderness, Biodiversity, and Indigenous Peoples

Full-text here: http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0002932

Matt Finer1*, Clinton N. Jenkins2, Stuart L. Pimm2, Brian Keane3, Carl Ross1

1 Save America's Forests, Washington D. C., United States of America2 Nicholas School of the Environment, Duke University, Durham, North Carolina, United States of America3 Land Is Life, Somerville, Massachusetts, United States of America
Abstract
Background

The western Amazon is the most biologically rich part of the Amazon basin and is home to a great diversity of indigenous ethnic groups, including some of the world's last uncontacted peoples living in voluntary isolation. Unlike the eastern Brazilian Amazon, it is still a largely intact ecosystem. Underlying this landscape are large reserves of oil and gas, many yet untapped. The growing global demand is leading to unprecedented exploration and development in the region.
Methodology/Principal Findings

We synthesized information from government sources to quantify the status of oil development in the western Amazon. National governments delimit specific geographic areas or “blocks” that are zoned for hydrocarbon activities, which they may lease to state and multinational energy companies for exploration and production. About 180 oil and gas blocks now cover ~688,000 km2 of the western Amazon. These blocks overlap the most species-rich part of the Amazon. We also found that many of the blocks overlap indigenous territories, both titled lands and areas utilized by peoples in voluntary isolation. In Ecuador and Peru, oil and gas blocks now cover more than two-thirds of the Amazon. In Bolivia and western Brazil, major exploration activities are set to increase rapidly.
Conclusions/Significance

Without improved policies, the increasing scope and magnitude of planned extraction means that environmental and social impacts are likely to intensify. We review the most pressing oil- and gas-related conservation policy issues confronting the region. These include the need for regional Strategic Environmental Impact Assessments and the adoption of roadless extraction techniques. We also consider the conflicts where the blocks overlap indigenous peoples' territories.

Citation: Finer M, Jenkins CN, Pimm SL, Keane B, Ross C (2008) Oil and Gas Projects in the Western Amazon: Threats to Wilderness, Biodiversity, and Indigenous Peoples. PLoS ONE 3(8): e2932. doi:10.1371/journal.pone.0002932

Editor: Dennis Marinus Hansen, Stanford University, United States of America

Received: June 5, 2008; Accepted: July 13, 2008; Published: August 13, 2008

Copyright: © 2008 Finer et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

Funding: This work was supported by the Forrest C. and Frances H. Lattner Foundation Inc. The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.

Competing interests: The authors have declared that no competing interests exist.

* E-mail: matt@saveamericasforests.org

UN Secretary General's message on the International Day of the World's Indigenous Peoples

2008-08-11T04:35:00.000-07:00

New York, 9 August 2008 - Message on the International Day of the World's Indigenous People

In 1994, the United Nations General Assembly proclaimed 9 August as the International Day of the World's Indigenous People. There were many reasons for this decision, but the fundamental motivation was the Assembly's recognition of the need to place the United Nations clearly and strongly behind the promotion and protection of the rights of indigenous peoples, in order to put an end to their marginalization, their extreme poverty, the expropriation of their traditional lands and the other grave human rights abuses they have faced and continue to encounter. Indeed, the suffering of indigenous peoples includes some of the darkest episodes in human history.

Important as it was, proclamation of the day was only a prelude to a greater milestone: last fall's adoption by the General Assembly of the Declaration on the Rights of Indigenous Peoples. The Declaration is a visionary step towards addressing the human rights of indigenous peoples. It sets out a framework on which states can build or re-build their relationships with indigenous peoples. The result of more than two decades of negotiations, it provides a momentous opportunity for states and indigenous peoples to strengthen their relationships, promote reconciliation, and ensure that the past is not repeated. I encourage Member States and indigenous peoples to come together in a spirit of mutual respect, and make use of the Declaration as the living document it is so that it has a real and positive effect throughout the world.

As 2008 is the International Year of Languages, this International Day is also an opportunity to recognize the silent crisis confronting many of the world's languages, the overwhelming majority of which are indigenous peoples' languages. The loss of these languages would not only weaken the world's cultural diversity, but also our collective knowledge as a human race. I call on States, indigenous peoples, the UN system and all relevant actors to take immediate steps to protect and promote endangered languages, and to ensure the safe passage of this shared heritage to future generations.

Minority Rights Group's Online World Directory of Minorities and Indigenous Peoples

2008-07-14T18:40:00.000-07:00

MRG's World Directory of Minorities and Indigenous Peoples
MRG recently launched the first online database of the world's
minorities and indigenous peoples. The World Directory of Minorities and
Indigenous Peoples covers 220 of the world's countries and dependent
territories, and features profiles of about 700 minorities/indigenous
peoples. It is a unique resource for policy-makers, governments,
journalists, academics and all those with an interest in the growing
field of minority rights.

http://www.minorityrights.org/directory

Some Recent Law Review Articles on Ethnic Minorities:

2008-06-22T19:55:00.000-07:00

A SUMMARY OF CONTRADICTIONS: AN OUTLINE OF THE EU'S MAIN INTERNAL AND EXTERNAL APPROACHES TO ETHNIC MINORITY PROTECTION
Dimitry Kochenov.
Boston College International and Comparative Law Review, Volume 31, Number 1, Winter 2008, p.1

Age, Racial/Ethnic Minority Status, Gender and Misdemeanor Sentencing
Edward A. Munoz, Adrienne B. Freng.
Journal of Ethnicity in Criminal Justice, Volume 5, Issue 4, 2007, p.29-57

The Ethnic Minority Policies of the People's Republic of China: Patronage and Prejudice
Corey Bosely.
Rutgers Race & the Law Review, Volume 8, Number 2, Spring 2007, p.291

Ethnic Minorities and the Challenge of Police Recruitment
Ian Waters, Nick Hardy, Domonique Delgado and Simone Dahlmann.
Police Journal, Volume 80, Number 3, 2007, p.191

Drug Trafficking and Ethnic Minorities in Western Europe
Letizia Paoli and Peter Reuter.
European Journal of Criminology, Volume 5, Number 1, January 2008, p.13-37

Some Recent articles on Indigenous Peoples:

2008-06-22T17:42:00.000-07:00

The UN Declaration on the Rights of Indigenous Peoples: A Flexible Approach to Addressing the Unique Needs of Varying Populations
Viniyanka Prasad.
Chicago Journal of International Law, Volume 9, Number 1, Summer 2008, p.297

LEGAL MEANS FOR PROTECTING THE INTANGIBLE CULTURAL HERITAGE OF INDIGENOUS PEOPLE IN A POST-COLONIAL WORLD
Jessica Myers Moran.
Holy Cross Journal of Law and Public Policy, Volume 12, Number 1, 2008, p.71

Indigenous Peoples' Courts: Egalitarian Juridical Pluralism, Self-Determination, and the United Nations Declaration on the Rights of Indigenous Peoples
Christopher J. Fromherz.
University of Pennsylvania Law Review, Volume 156, Number 5, May 2008, p.1341

Wade David on endangered cultures: a TED Talk

2008-06-01T12:41:00.000-07:00

Wade Davis talks about the disappearance of indigenous cultures at TED:

Argentina using DNA testing to identify the "Disappeared".

2008-03-25T17:17:00.000-07:00

From the Guardian:

http://www.guardian.co.uk/world/2008/mar/24/argentina.genetics

Argentina is appealing to relatives of the "Disappeared" from the time of the "Dirty War" to give blood samples to be used in identifying 600+ human remains.

21 March is the International Day for the Elimination of Racial Discrimination

2008-03-20T20:33:00.000-07:00

Link to the UN Office of the High Commissioner for Human Rights page:
http://www2.ohchr.org/english/events/racism/

and to the Dag Hammarskjold Library page:
http://www.un.org/depts/dhl/racial

UNDG Guidelines on Indigenous Peoples Issues

2008-03-17T11:58:00.000-07:00

From the February 2008 UN OHCHR Update on Minority Issues

"The United Nations Development Group approved Guidelines on Indigenous
Peoples' Issues on 1 February 2008. The Guidelines are designed to
assist UN Country Teams integrate indigenous peoples' issues into
country policies and programmes. The Guidelines were drafted by a group
on UN organizations and specialized agencies under the aegis of the
Inter-Agency Support Group on Indigenous Peoples'Issues."

The text is available at:

http://www2.ohchr.org/english/issues/indigenous/docs/guidelines.pdf

10 anniversary of the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages

2008-03-17T11:25:00.000-07:00

On March 11, the Council of Europe opened a Conference on the 10th anniversary of the
entry into force of the Framework Convention for the Protection of
National Minorities and the European Charter for Regional or Minority
Languages. The program of the conference is here:
http://www.coe.int/t/e/human_rights/minorities/1._GENERAL_PRESENTATION/
PDF_Programme%20conference%20%20E%20080305.pdf

Further information is here on the website of the Secretariat of the Framework Convention:

http://www.coe.int/T/E/Human_Rights/Minorities/

The website for the COE Charter for Regional or Minority Languages is located here:
http://www.coe.int/t/dg4/education/minlang/Default_en.asp

Response of CERD to US Reports on treatment of Indigenous Peoples by USA

2008-03-11T20:11:00.000-07:00

The Committee on the Elimination of Racial Discrimination has issued
it's report on the review of the reports of the USA on the treatment
of indigenous peoples within the US and it's territories. The report
criticizes the US on several issues; lack of consultation with
indigenous groups, interpretation of "racial discrimination"; physical
violence against indigenous women; and treatment of sacred sites, etc. It
refers to the Declaration on the Rights of Indigenous Peoples as a doc
the US needs to use as a guideline.

The report is here:
http://www2.ohchr.org/english/bodies/cerd/docs/co/CERD-C-USA-CO-6.pdf

A consolidated Shadow Report by US indigenous groups is available here:
http://www2.ohchr.org/english/bodies/cerd/docs/ngos/usa/USHRN8.doc

and the International Indian Treaty Council has issued a press release here:
http://www.treatycouncil.org/PDFs/PressReleaseCERDfinal30808%20_2_.pdf

Apology to Australia's Indigenous Peoples

2008-02-14T17:22:00.000-08:00

On 13 Feb 2008, Hon. Kevin Rudd, M.P., the Prime Minister of Australia, presented an Apology to Australia's Indigenous Peoples in Parliament. The Leader of the Opposition also spoke on the same matter.

See http://www.aph.gov.au/hansard/

See, also, this collection of quotes on the issue: http://viv.id.au/blog/?p=1446

Forum on Minority Issues

2008-02-11T10:20:00.000-08:00

Forum on Minority Issues

Replacing the former Working Group on Minorities, the Forum on Minority
Issues was established on 28 September 2007 at the 6th session of the
Human Rights Council (HRC) as a platform for promoting dialogue and
cooperation on minority issues and for contributing to the work of the
Independent Expert on minority issues.

Its tasks will be:
* To identify issues and best practices
* To make recommendations on the implementation of the 1992 United
Nations Minorities Declaration
* To provide the Independent Expert on Minority Issues with information
* To contribute to the High Commissioner's efforts of improving the
co-operation among United Nations mechanisms, bodies and specialized
agencies, Funds and Programmes on activities related to the promotion
and protection of the rights of minorities

The Forum will be open to the participation of:
* States
* UN mechanisms, bodies and agencies
* National human rights institutions
* Academics and experts
* NGOs

The Forum will meet for 2 days every year. The Forum Chair will be
appointed by the President of the Human Rights Council in consultation
with regional groups and in accordance with regional rotation.

The Independent Expert on minority issues will guide the work of the
Forum by recommending focus topics. She will also transmit the Forum's
thematic recommendations to the HRC.

It is suggested that the first meeting of the Forum should take place in
September 2008. Details will follow in due course.

10th Anniversary of the Framework Convention for the Protection of National Minorities

2008-02-02T12:09:00.000-08:00

Press release - 071(2008)

10th anniversary of the Framework Convention for the Protection of National Minorities

Statement by Ján Kubiš, Chairman of the Committee of Ministers

Strasbourg, 01.02.2008 - Ján Kubiš, Minister of Foreign Affairs of the Slovak Republic and chairman-in-office of the Committee of Ministers, said the 10th anniversary of the entry into force of the Framework Convention for the Protection of National Minorities was an important day in the Council of Europe’s efforts to protect and promote human rights in Europe, of which the rights of persons belonging to national minorities are part and parcel. Mr. Kubiš recalled that the Convention was the first legally-binding multilateral instrument on minority protection.

Continued here: http://www.coe.int/t/dc/press/WCD/AllPR_en.asp#