An estimated 350 to 600 million indigenous people reside across the globe. Numerous governments fail to recognize its indigenous peoples living within their borders. It was not until the latter part of the twentieth century that the genocide of indigenous peoples became a major focus of human rights activists, non-governmental organizations, international development and finance institutions such as the United Nations and the World Bank, and indigenous and other community-based organizations. Scholars and activists began paying greater attention to the struggles between Fourth World peoples and First, Second, and Third World states because of illegal actions of nation-states against indigenous peoples, indigenous groups' passive and active resistance to top-down development, and concerns about the impacts of transnational forces including what is now known as globalization. This volume offers a clear message for genocide scholars and others concerned with crimes against humanity and genocide: much greater attention must be paid to the plight of all peoples, indigenous and otherwise, no matter how small in scale, how little-known, how "invisible" or hidden from view.

Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--

Adopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

In Remembering Genocide an international group of scholars draw on current research from a range of disciplines to explore how communities throughout the world remember genocide. Whether coming to terms with atrocities committed in Namibia and Rwanda, Australia, Canada, the Punjab, Armenia, Cambodia and during the Holocaust, those seeking to remember genocide are confronted with numerous challenges. Survivors grapple with the possibility, or even the desirability, of recalling painful memories. Societies where genocide has been perpetrated find it difficult to engage with an uncomfortable historical legacy. Still, to forget genocide, as this volume edited by Nigel Eltringham and Pam Maclean shows, is not an option. To do so reinforces the vulnerability of groups whose very existence remains in jeopardy and denies them the possibility of bringing perpetrators to justice. Contributors discuss how genocide is represented in media including literature, memorial books, film and audiovisual testimony. Debates surrounding the role museums and monuments play in constructing and transmitting memory are highlighted. Finally, authors engage with controversies arising from attempts to mobilise and manipulate memory in the service of reconciliation, compensation and transitional justice.

Genocide is one of the most pressing issues that confronts us today. Its death toll is staggering: over one hundred million dead. Because of their intimate experience in the communities where genocide takes place, anthropologists are uniquely positioned to explain how and why this mass annihilation occurs and the types of devastation genocide causes. This ground breaking book, the first collection of original essays on genocide to be published in anthropology, explores a wide range of cases, including Nazi Germany, Cambodia, Guatemala, Rwanda, and Bosnia.

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

This volume engages the concept and related notions of cultural hegemony, cultural erosion, cultural hybridity and cultural survival by considering whether five regimes in Asia deploy policies aimed at extirpating the language, religion, arts, customs or other elements of the cultures of non-dominant peoples.