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Reparations for Indigenous Peoples

Reparations for Indigenous Peoples International and Comparative Perspectives

Author: Federico Lenzerini
Publisher: Oxford University Press
ISBN: 9780199235605
Published In: October 2007
Format: Hardback , 680 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Brings together a group of renowned legal experts on indigenous issues
Offers both international and comparative perspectives on redress for injustices suffered by indigenous peoples
Provides a comprehensive assessment of the relevant international legal framework for redress and compensation
Investigates the relevant practice at the international, regional and national level

The volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, consider the right of indigenous peoples to reparations for breaches of their individual and collective rights.

The first part of the book is devoted to general aspects of this important question, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law and the vision of reparations as conceived by the peoples concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, including some pertinent, in-depth case-studies, offering a comparative perspective on the ways in which the right of indigenous peoples to reparation is realized worldwide. The contributions forming the second part also examine the best practices for granting effective reparations, according to the ideologies and expectations of the communities concerned. The global picture painted by these contributions offers a view of the status of relevant international law that is synthesised in the final chapter, which also prescribes the best practices and strategies to be adopted in order to maximize concrete opportunities for indigenous peoples to obtain effective redress.

As a whole, the volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners concerned in improving the avenues and modalities of reparations for indigenous peoples.

Readership: Academics, scholars, and advanced students of international and comparative human rights law, indigenous peoples' rights, and anthropology; ILO officials; UN agencies; NGO staff; activists involved with indigenous issues; and university institutes and libraries

I International Law, Reparations for Human Rights Violations and Indigenous Peoples
1: Federico Lenzerini: Reparations for Indigenous Peoples in International and Comparative Law: An Introduction
2: Francesco Francioni: The Contemporary Evolution of International Law: Is the International Community Ready to Grant Reparations for Human Rights Violations?
3: Dinah Shelton: Reparations for Indigenous Peoples: The Present Value of Past Wrongs
4: Federico Lenzerini: The Trail of Broken Dreams: The Status of Indigenous Peoples in International Law
5: Gerald Torres: Indigenous Peoples, Afro-Indigenous People and Reparations
6: Nieves Gomez: Indigenous Peoples and Psychosocial Reparation: The Vision of Latin American Indigenous Communities
II Reparations to Indigenous Peoples: International, Regional and National Approaches
7: Claire Charters: Reparations for Indigenous Peoples: Global International Instruments and Institutions
8: Luis Rodriguez-Piñero: Indigenous Land Rights: The Challenge of Reparation
9: Ana F. Vrdoljak: Reparations for Cultural Loss
10: David Williams: In Praise of Guilt: How the Yearning for Moral Purity Blocks Reparations for Native Americans
11: Kristen Carpenter: An American Indian Reparations Strategy: Repairing Federal Indian Law
12: S. James Anaya: Genocide Against the Chiricahua Apache Peoples. The Need For Reparations
13: Brad Morse: Reparations for Indigenous Peoples in Canada
14: Gabriella Citroni, Karla I. Quintana Osuna: Reparations for Indigenous Peoples in the Case Law of the Interamerican Court of Human Rights
15: Marzia Rosti: Reparations for Indigenous Peoples in Two Selected Latin American Countries
16: Stefania Errico, Barbara Hocking: Reparations for Indigenous Peoples in Europe: The Case of the Sami People
17: Nsongurua Udombana: Reparations for Indigenous Peoples in Africa
18: Phutoli Chingmak: International Law and Reparations for Indigenous Peoples in Asia
19: Aderito de Jesus Soares: Reparations for Masyarakat Adat in Indonesia: A Sombre Tale
20: Barbara Hocking, Margaret Stephenson: The Persistent Absence of a Foundational Principle? Indigenous Australians, Proprietary and Family Reparations
21: Catherine Iorns Magallanes: Reparations for Maori Grievances in Aotearoa New Zealand
III Best Practices and Strategies of Reparations to Indigenous Peoples
22: Federico Lenzerini: Conclusive Note: An Attempt to Define Best Practices and Strategies for Maximizing the Concrete Chances of Reparation for Injuries Suffered by Indigenous Peoples

Edited by Federico Lenzerini, Professor of Law, University of Siena and Consultant to UNESCO
Contributors:
Federico Lenzerini, Italy
Francesco Francioni, Italy
Dinah Shelton, USA
Nieves Gomez, Guatemala
Claire Charters, New Zealand
Luis Rodriguez-Piñero, Spain
Ana F. Vrdoljak, Australia
David Williams, USA
Kristen Carpenter, USA
Gerald Torres, USA
S. James Anaya, USA
Brad Morse, Canada
Gabriella Citroni, Italy
Karla I. Quintana Osuna, Mexico
Marzia Rosti, Italy
Barbara Hocking, Australia
Stefania Errico, Italy
Nsongurua Udombana, Nigeria
Phutoli Chingmak, India
Aderito de Jesus Soares, East Timor
Margaret Stephenson, Australian
Catherine Iorns Magallanes, New Zealand