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Indian Law: International Indigenous Law

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ASU INTERNATIONAL LAW PORTAL

Ross-Blakley Law Library International Law Portal
The Ross-Blakley Law Library’s International Law Portal provides guidance on accessing foreign laws and international resources.

INDIGENOUS LAW PORTAL – GENERAL RESOURCES FOR GLOBAL INDIGENOUS LAW

Indigenous Law Portal - General Resources for Global Indigenous Law
This resource from the Law Library of Congress brings together materials from the Law Library of Congress as well as links to international resources including Intergovernmental organizations (IGOs) and Nongovernmental Organizations (NGOs), indigenous tribal websites and primary source materials found on the web. Tribal information includes constitutions and codes and may be browsed regions, countries, and states. Recently transferred to LLMC Digital from the Law Library of Congress. 

SECONDARY SOURCES

International Human Rights and Indigenous Peoples (S. James Anaya, Aspen Publishers 2009) 
International Human Rights and Indigenous Peoples is a compilation of materials on international indigenous human rights. It addresses issues such as self-determination, collective rights, lands and resources, and state responsibility for historical wrongs, as well as includes background information on the various international institutions that address indigenous issues and copies of the major international documents concerning indigenous peoples.

Indigenous Peoples in International Law (S. James Anaya, Oxford University Press 2004) 
This book offers an overview of the historical and contemporary developments in international indigenous law, as well as provides information on international procedures and norm implementation.   It includes copies of major international documents related to indigenous law.

Indigenous Peoples and Human Rights: International and Regional Jurisprudence (Ben Saul, Hart Publishing, 2016) 
This book covers the law relating to the human rights of indigenous peoples, such as the United Nations Human Rights Committee, U.N. treaty bodies, and the human rights system of the Organization of American States.

You can find more titles in the ASU Libraries collection related to indigenous peoples by searching the ASU online catalog under the following subject headings: Indigenous peoples – legal status, laws, etc. and Indigenous peoples – government relations.

KEY INTERNATIONAL DOCUMENTS

United Nations Declaration on the Rights of Indigenous Peoples
The United Nations General Assembly adopted this declaration in 2007. 

American Declaration on the Rights of Indigenous Peoples
The Organization of American States adopted this Declaration in 2016.

ILO Convention No. 169 – Indigenous and Tribal Peoples Convention
International Labor Organization Convention No. 169 is a revised version of Convention No. 107. It was established in 1989 and has been ratified by 20 countries.

CERD General Recommendation 23: Indigenous Peoples
The Committee on the Elimination of Racial Discrimination’s recommendation to the United Nations on the rights of indigenous peoples.

World Bank OP 4.10 – Indigenous Peoples
OP 4.10 of the World Bank’s Operational Manual states World Bank policy on the development process in relation to the dignity, human rights, economies, and cultures of indigenous peoples.

THE UNITED NATIONS

The United Nations is an international organization with 193 member states. The organization has five principle organs: the General Assembly, Security Council, Economic and Social Council, Secretariat, and International Court of Justice. Below is a list of resources for locating UN information and documents relating to indigenous peoples.

Expert Mechanism on the Rights of Indigenous Peoples
The Expert Mechanism provides the U.N. Human Rights Council with thematic advice, in the form of studies and research, on the rights of Indigenous peoples as directed by the Council. The Expert Mechanism may also suggest proposals to the Council for its consideration and approval.

Permanent Forum on Indigenous Issues
The Permanent Forum is an advisory body to the Economic and Social Council. It discusses indigenous issues related to economic and social development, culture, the environment, education, health, and human rights. The UNPFII web site provides information on Forum members, meetings, and actions, as well as links to U.N. documents related to indigenous peoples.

Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples
The Special Rapporteur promotes good practices, laws, government programs, and constructive agreements between indigenous peoples and States to implement international standards concerning the rights of indigenous peoples, reports on the overall human rights situations of indigenous peoples in selected countries, addresses specific cases of alleged violations of the rights of indigenous peoples, and contributes to thematic studies on topics of special importance regarding the promotion and protection of the rights of indigenous peoples.

OTHER INTERNATIONAL ORGANIZATIONS

International Justice Resource Center-Indigenous peoples and communities in Africa  The International Justice Resource Center (IJRC) hosts this web resource addressing African Indigenous peoples and communities; the Working Group on Indigenous Populations and Communities and more.  Included are mandates of the African Charter on Human and Peoples’ Rights and the well-being of indigenous communities, and issuing appropriate recommendations for the monitoring and protection of the rights of indigenous communities.

Amnesty International Indigenous Peoples Page
Amnesty International provides information on human rights topics related to indigenous peoples, with a focus on current news.

Center for World Indigenous Studies
The Center is a nonprofit education and research organization that provides access to indigenous peoples’ knowledge and ideas and advocates for the protection of the rights of indigenous peoples. It also houses the Chief George Manuel Memorial Library, which contains over 100,000 full text documents, reports, and publications from indigenous nations related to their social, political, economic, and human rights situations.

Indigenous Legislation DataBank
The Inter-American Development Bank hosts this database of legislation for Latin American countries related to indigenous peoples. Laws are presented in the language of their country of origin (primarily Spanish).

International Labour Organization - Indigenous and Tribal Peoples
The ILO is responsible for drawing up and overseeing international labor standards. The ILO webpage on indigenous and tribal peoples provides an overview and materials related to the ILO’s work with indigenous peoples.

International Work Group for Indigenous Affairs
IWGIA is an international human rights organization that publishes a wide range of materials about indigenous peoples’ rights and advocates for indigenous peoples in international forums.

Latin American Network Information Center
The Latin American Network Information Center is part of the Lozano Long Institute of Latin American Studies and the Benson Latin American Collection at the University of Texas at Austin. The Center’s web page on indigenous peoples is no longer updated but provides useful archival information and links to websites focused on indigenous peoples in Latin America. Links are organized by country and tribe.

Organization of American States – Indigenous Peoples
The Organization of American States (OAS) is a regional organization of which all 35 independent states of the Americas are members. This OAS web page details the organization’s actions regarding the rights of indigenous peoples.

World Health Organization (WHO) – Health and Human Rights of Indigenous Peoples
The WHO web page on the health and human rights of indigenous people contains information on WHO’s work concerning indigenous peoples’ health, resolutions related to indigenous peoples, International Decade of the World’s Indigenous Peoples reports, and a number of relevant WHO publications.