Human Rights and Indigenous Peoples
In Australia, particularly during the period of the ‘Reconciliation’ process in the 1990s, important steps were taken by Indigenous Australians to identify items of ‘unfinished business’ in a ‘Statement of Indigenous Rights’. But there has been limited progress to meet these aspirations. And Australian law still lacks a tradition of recognition of human rights generally, let alone Indigenous rights.
International law, too, largely lacked recognition of human rights, generally prior to the adoption in 1945 of the Charter of the United Nations. The brief references in the Charter were subsequently developed in a range of declarations and of treaties. These applied to people generally, with scant reference to Indigenous peoples. But, since the 1970s, there has been growing international recognition of the rights of Indigenous peoples under existing declarations and treaties. Since the 1990s, in particular, the UN system has established
specific mechanisms for addressing such issues. On 13 September 2007, the General Assembly finally adopted a Declaration on the Rights of Indigenous Peoples.
Anaya, S. J. 2004, Indigenous Peoples in International Law (2nd ed), Oxford University Press, New York.
Bandler, F. 1989, Turning the Tide, Canberra, Aboriginal Studies Press, Canberra.
Brennan, S., Behrendt, L., Strelein, L. & Williams, G. 2005, Treaty The Federation Press, Sydney.
Davis, M. 2007, 'The United Nations Declaration on the Rights of Indigenous Peoples' Australian Indigenous Law Review, vol.11, no. 3, p. 55
Detmold, M. 1985, The Australian Commonwealth: A Fundamental Analysis of its Constitution, LBC Information Services, Sydney, pp. 62-66.
Langton, M., Tehan, M., Palmer, L. & Shain, K. (eds) 2004, Honour Among Nations? Treaties and Agreements with Indigenous People, Melbourne University Press, Melbourne.
Nettheim, G. 1999, ' 'Retreat from Injustice': The High Court of Australia and NativeTitle' in Gibney, M. & Frankowski, S. (eds) Judicial Protection of Human Rights. Myth or Reality? Praeger, Westport, CT., pp. 163-174.
Nettheim, G. 2007, 'Human Rights and Indigenous Reconciliation in Australia', 10 The Flinders Journal of Law Reform, vol.10, pp. 170-171.
Nettheim, G. 2008, 'The Maya land Rights Case' Indigenous Law Bulletin vol. 7, no. 2, p.25
Nettheim, G. in McRae, H. et al. 2009, Indigenous Legal Issues: Commentary and Materials (4th ed), Thomson Reuters, Pyrmont, chapters 3 and 13.
Tauli-Corpuz, V. 2007, 'Statement on the Occasion of the Adoption of the United Nations Declaration on the Rights of Indigenous Peoples', (2007) 11(3) Australian Indigenous Law Review vol. 11, no.3, p. 2.