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ISBN: 9780199577910

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Reparations For Indigenous People

International and Comparative Perspectives

Federico Lenzerini


Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights.

The first part of the book is devoted to general aspects of this important matter, 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 communities concerned.

The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide.

The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress.

As a whole, this 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 in improving the avenues and modalities of reparations for indigenous peoples.

Now available in paperback with a new preface, taking account of developments since the publication of the hardback

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

Brings together a group of renowned legal experts on indigenous issues

I International Law, Reparations for Human Rights Violations and Indigenous Peoples' Rights
1: Federico Lenzerini: Reparations for Indigenous Peoples in International and Comparative Law: An Introduction
2: Francesco Francioni: Reparation for Indigenous Peoples: Is International Law Ready to Ensure Redress for Historical Injustices?
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 Peoples and Reparations
6: Nieves Gómes: Indigenous Peoples and Psychosocial Reparation: The Experience With Latin American Indigenous Communities
II Reparations for Indigenous Peoples: International, Regional and Domestic Practice
7: Claire Charters: Reparations for Indigenous Peoples: Global International Instruments and Institutions
8: Ana F Vrdoljak: Reparations for Cultural Loss
9: David C Williams: In Praise of Guilt: How the Yearning for Moral Purity Blocks Reparations for Native Americans
10: Sarah Krakoff and Kristen Carpenter: Repairing Reparations in the American Indian Nation Context
11: Bradford W Morse: Indigenous Peoples of Canada and Their Efforts to Achieve True Reparations
12: Gabriella Citroni and Karla I Quintana Osuna: Reparations for Indigenous Peoples in the Case Law of the Inter-American Court of Human Rights
13: Marzia Rosti: Reparations for Indigenous Peoples in Two Selected Latin American Countries
14: Stefania Errico and Barbara Ann Hocking: Reparations for Indigenous Peoples in Europe: The Case of the Sámi People
15: Nsongurua J Udombana: Reparations and Africa's Indigenous Peoples
16: Phutoli Shikhu Chingmak: International Law and Reparations for Indigenous Peoples in Asia
17: Adérito de Jesus Soares: Reparations for Masyarakat Adat in Indonesia: A Sombre Tale
18: Barbara Ann Hocking and Margaret Stephenson: Why the Persistent Absence of a Foundational Principle? Indigenous Australians, Proprietary and Family Reparations
19: Catherine J Iorns Magallanes: Reparations for Maori Grievances in Aotearoa New Zealand
III Operational Strategies and Best Practices for Ensuring Reparation for Indigenous Peoples
20: S James Anaya: Reparations for Neglect of Indigenous Land Rights at the Intersection of Domestic and International Law - The Maya Cases in the Supreme Court of Belize
21: Federico Lenzerini: Conclusive Notes: Defining Best Practices and Strategies for Maximizing the Concrete Chances of Reparation for Injuries Suffered by Indigenous Peoples
Appendix
Index

Edited by Federico Lenzerini , Professor of Law, University of Siena; Consultant to UNESCO

Federico Lenzerini is Professor of Law, University of Siena (Italy); Consultant to UNESCO (Paris)