Indigenous Law Centre : UNSW Faculty of Law

Indigenous Peoples and International Law
United Nations fact sheet on Indigenous peoples United Nations framework of mechanisms of Indigenous peoples issues Relevant instruments Internet Writings on Indigenous Peoples in International Law Indigenous Peoples and International Trade Law Australian Parliamentary Inquiries into a United States/Australia Free Trade Agreement Readings and writings on Indigenous Peoples and Trade Issues ILC Publications on Indigenous Peoples in International Law
United Nations fact sheets on Indigenous peoples
United Nations fact sheet on “The Rights of indigenous peoples” United Nations guide for indigenous peoples World Intellectual Property Organisation and Indigenous Peoples Back to Top
United Nations framework of mechanisms of Indigenous peoples issues
The United Nations Working Group on Indigenous Populations The United Nations Commission on Human Rights Working Group elaborating a Draft Declaration on the Rights of Indigenous Peoples Permanent Forum on Indigenous Issues Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples Back to Top
Relevant instruments
International Treaties Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO No. 169) International Convention on the Elimination of All Forms of Racial Discrimination Convention on the Rights of the Child Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights Convention on Biological Diversity Declarations United Nations Declaration on the Rights of Indigenous Peoples Organisation of American States Proposed American Declaration on the Rights of Indigenous Peoples Other Indigenous Declarations Indigenous Peoples Cancun Declaration on the WTO Indigenous Peoples Seattle Declaration on Mining Beijing Declaration of Indigenous Women The Kimberley Declaration, International Indigenous Peoples Summit on Sustainable Development Declaration of Indigenous Peoples on Climate Change, Second International Indigenous Forum on Climate Change (The Hague, 15 November 2000) Back to Top
Internet Writings on Indigenous Peoples in International Law
Fergus McKay, “The Rights of Indigenous Peoples in International Law” Dr Sarah Pritchard, “Indigenous peoples and international law: a critical overview”, Australian Indigenous Law Reporter Greg Marks, “Sovereign States vs Peoples: Indigenous Rights and the Origins of International Law”, Australian Indigenous Law Reporter Megan Davis and Hannah McGlade, “International Human Rights Law and the Recognition of Aboriginal Customary Law”, Law Reform Commission of Western Australia S James Anaya, “International human rights and indigenous peoples: The move toward the multicultural state”, Arizona Journal of International and Comparative Law Dr Sarah Pritchard, “The Rights of Indigenous Peoples to Self-Determination under International Law” Aboriginal Law Bulletin The United Nations Declaration on the Rights of Indigenous Peoples Catherine J Iorns, 'The Draft Declaration on the Rights of Indigenous Peoples', Murdoch E-Law Journal Commission on Human Rights, Open-ended inter-sessional working group on a draft United Nations declaration on the rights of indigenous peoples: Consideration of a draft United Nations Declaration on the Rights of Indigenous Peoples Dr Sarah Pritchard, “Declaration on Rights of Indigenous Peoples - Drafting Nears Completion in UN Working Group”, Indigenous Law Bulletin Megan Davis, “The United Nations Draft Declaration 2002”, Indigenous Law Bulletin Dr Sarah Pritchard, “The United Nations and the Making of a Declaration on Indigenous Rights”, Indigenous Law Bulletin Alison Quentin-Baxter, “The UN Draft Declaration on the Rights of Indigenous peoples - the International and Constitutional law contexts”, Victoria University of Wellington Law Review Australia and the Committee on the Elimination of Racial Discrimination Dr Sarah Pritchard, “Breaking the national sound barrier: communicating with the CERD and CAT Committees” Australian Journal of Human Rights Dr Sarah Pritchard, “Early Warning/Urgent Action Decision Concerning Australia from the UN Committee on the Elimination of Racial Discrimination”, Indigenous Law Bulletin Gillian Triggs, “Australia's Indigenous Peoples and International Law: Validity of the Native Title Amendment Act 1988”, Melbourne University International Law Journal CERD Committee Decision on Australia, 54th Session. Heinz Schürmann-Zeggel, “UN CERD Committee Recommends Urgent Australian Government Action on Racial Discrimination” Indigenous Law Bulletin “Aboriginal And Torres Strait Islander Peoples And Australia's Obligations Under The United Nations Convention On The Elimination Of All Forms Of Racial Discrimination: Report Submitted By The Aboriginal And Torres Strait Islander Commission To The UN CERD Committee” Australian Indigenous Law Reporter “United Nations, Committee on the Elimination of Racial Discrimination: Urgent Action Decision 1(53) Concerning Australia”, Australian Indigenous Law Reporter (1998) Indigenous peoples and land, territories and resources Romeo Saganash, “Indigenous peoples and International human rights: Land Rights” Oxford Amnesty Lectures S James Anaya and Claudio Grossman, “The Case of Awas Tingni v. Nicaragua: A New Step in the International Law of Indigenous Peoples”, Arizona Journal of International and Comparative Law Online Megan Davis, The Awas-Tingni Decision Case of the Mayagna (Sumo) Awas Tingni Community v The Republic of Nicaragua, Indigenous Law Bulletin Back to Top
Indigenous Peoples and International Trade Law
World Trade Organisation International Labour Organisation World Bank Group World Bank indigenous program 'A Partnership for Development' International Monetary Fund United Nations Conference on Trade and Development World Intellectual Property Organisation Indigenous Peoples Declarations on Trade Issues The International Cancun Declaration of indigenous peoples (5th WTO Ministerial Conference - Cancun, Quintana Roo, Mexico, 12 September 2003) Back to Top
Australian Parliamentary Inquiries into a United States/Australia Free Trade Agreement (AUSFTA)
Senate Select Committee on the AUS Free Trade Agreement Joint Standing Committee on Treaties on the AUS Free Trade Agreement Indigenous submissions to AUSFTA inquiry: Central Australian Aboriginal Congress Inc Indigenous submissions to JSCOT on AUSFTA: Jumbunna submission (Professor Larissa Behrendt, Robynne Quiggin and Megan Davis) ATSIC submission Other important submissions on Indigenous issues: The Copyright Term Extension (implications for Indigenous peoples) Matthew Rimmer Back to Top
Readings and writings on Indigenous Peoples and Trade Issues
Adverse effects of free-trade deal will hit indigenous groups hard' Professor Larissa Behrendt and Megan Davis, Sydney Morning Herald, (March 8 2004) Megan Davis, New Developments in International Advocacy: Amicus Curiae and the World Trade Organisation David Hume, Indigenous Peoples and the World Trade Organization GATT TRIPS Review - Aboriginal And Torres Strait Islander Peoples' Issues: A Paper by the ATSIC (May 1999) Australian Parliamentary Library APH Research Paper Indigenous Peoples and Intellectual Property Rights Back to Top ILC Publications on Indigenous Peoples in International Law Megan Davis, ‘The Recognition of Aboriginal Customary Law and International Law developments’ in Indigenous Peoples: Issues in International and Australian Law (International Law Association (Australian Branch) Martin Place Papers No. 6, 2007),25-30. Megan Davis, ‘International Trade, the World Trade Organisation and the Human Rights of Indigenous Peoples’ (2006) 8 Balayi: Culture, Law and Colonialism Journal of Law 5-30. Megan Davis, ‘International Trade rules and Indigenous Knowledge: A Basic Introduction’ (2006) 6 Indigenous Law Bulletin 10-12. Megan Davis, ‘Slouching towards Australian Public Libraries: The World Trade Organisation General Agreement on Trade in Services’ in Martin Nakata and Marcia Langton (eds) Australian Indigenous Knowledge and Libraries, (Australian Academic & Research Libraries, 2005), 129-147. Megan Davis, ‘International Human Rights Law and the Recognition of Aboriginal Customary Law’ Aboriginal Customary Laws reference Law Reform Commission of Western Australia, 2005 Megan Davis, ‘International Trade Law and Indigenous Peoples: A New Direction in Human Rights Advocacy?’ (2005) 8 Australian Indigenous Law Reporter 16-22. Megan Davis, ‘Outwitted and Outplayed: Indigenous Internationalism and the United Nations’ (2005) 6 Indigenous Law Bulletin 4-7. Megan Davis, ‘United Nations Reform and Indigenous Peoples’ (2005) 6 Indigenous Law Bulletin 12-16. Megan Davis, ‘Indigenous Australia and the Australia-United States Free Trade Agreement’ (2004) 5 Indigenous Law Bulletin 20-23. Megan Davis, ‘New Developments in International Advocacy: Amicus Curiae and the World Trade Organisation’ (2003) 5 Indigenous Law Bulletin 14-17. Megan Davis, ‘International Human Rights Law and the Domestic Treaty process’ in Treaty - Lets Get it Right! (Aboriginal Studies Press, 2003), 137-150. Megan Davis, ‘The Awas Tingni Decision: Case of the Mayagna (Sumo) Awas Tingni Community v The Republic of Nicaragua’ (2002) 15 Indigenous Law Bulletin 15-18. Megan Davis, ‘The United Nations Draft Declaration on the Rights of Indigenous peoples’ (2002) 5 Indigenous Law Bulletin 6-9. Back to Top