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Documents - Human Rights


 

General

 

 

 

Land and Resources

 

  • International Labour Conference - Convention 169 ­ Concerning Indigenous and Tribal Peoples in Independent Countries (27 June 1989)
    • See Article 2(2)(b) for the duty on state governments to promote indigenous social and cultural rights.
    • See Article 7 for the indigenous right to control local development.
    • See generally, Part II for the indigenous right to participate in management, use and conservation of local natural resources.
    • See particularly, Article 15(2) for the duty on government owners of minerals to consult indigenous peoples in possession of surface lands prior to exploration/development of subsurface resources, and to pay fair compensation to indigenous communities for damage caused by mineral exploitation.
  • Draft Declaration on the Rights of Indigenous Peoples. United Nations Economic and Social Council, Commission on Human Rights Discrimination Against Indigenous Peoples, Report of the Working Group on Indigenous Populations in its eleventh session (U.N. Doc. E/CCN.4/Sub.2.1993/29/Annex I. 23 August 1993)
    • See Article 3 for the right of economic and social self determination.
    • See Articles 25-30 for the right to maintain traditional relationships to land and natural resources.
    • See particularly, Article 30 for the right to informed consent in indigenous communities prior to State actions affecting traditional lands.
  • In Pursuit of Environmental Human Rights: Commentary on the Draft Declaration of Principles on Human Rights and the Environment. Neil A.F. Popovic. Reference: Columbia Human Rights Law Review. 27 Colum. Human Rights L. Rev. 487 (1996).
  • Sovereignty Over Natural Resources: Balancing Rights and Duties. Nico Schrijver. Reference: Cambridge Studies in International and Comparative Law (1997) - "analysis of the evolution of permanent sovereignty from a political claim to a principle of international law."
  • Study on Indigenous Land Rights. Resolution of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the UN High Commission on Human Rights.

 

 

 

 

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