Indigenous Peoples and Human Rights

The Closing Plenary of the American Society of International Law’s 2012 Annual Meeting featured a conversation between UN Special Rapporteur on Indigenous Issues, Mr. S. James Anaya, and Ms. Dinah Shelton, Chair, Inter-American Commission on Human Rights, and OAS Special Rapporteur on Indigenous Rights. Professor Shelton gave the Nanda Center’s 2011 Myres S. McDougal Distinguished Lecture in International Law. The talk covered many topics, consider this to be a brief summary.

1. How do the United Nations and the Organization of American States work together to coordinate on issues.

2. Laws concerning Indigenous Peoples in Latin America. Mr. Anaya talked about the numerous laws regarding indigenous peoples being promulgated in Latin America. Because these are not in English, they are not getting the widespread attention that some might find useful. Issue: Law and foreign languages. (See Peru’s new law)

3. Free, Prior, and Informed Consent or Consultation?

4. The general lack of understanding by most countries about indigenous issues.

5. The continuing racism and other impacts stemming from the ongoing use of the Doctrine of Discovery.

6. The levels of sexual violence against indigenous women. Ms. Shelton focused on the women's issue, and the lack of political will in governments to try to stop the violence. This is also an issue in the United States.

7. The continued characterization of  the recognition of indigenous rights as being in conflict with the goals of development and poverty reduction.

8. The WIPO and Bio-colonialism and Climate Change.

The library has a very nice collection of materials concerning the issues above. Please feel free to email Joan Policastri jpolicastri@law.du.edu if you would like information for resources on any of these issues.

Written by Joan Policastri, Foreign, Comparative and International Law Librarian