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Øyvind Ravna

The Alta case and the Sámi struggle for “rights to lands and waters” put political pressure on the Norwegian government to broadly explore the rights of the indigenous Sámi people to such resources. Both Norway’s ratification of the International Labour Organization (ILO) Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries in 1990, and the 2005 Finnmark Act are results of that exploration. To meet the obligations Norway undertook by signing the ILO Convention, the Finnmark Act authorises the Finnmark Commission to investigate land rights held by Sámi and other people in the most central part of Sámi areas in Norway. In March 2012, the Commission submitted its first report, which is the first specific legal clarification of a particular area after 30 years of examinations and discussions of Sámi rights. The report is therefore met with high expectations. This article analyses the main findings of the Commission, including the interpretation of its mandate and thus also Norway’s obligations in regards to the ILO Convention. The article concludes with reflections as to whether the investigation fulfils Norway’s commitments to identify and recognise the lands of the Sámi, both under national and international law.

Terence M. Mashingaidze

compensation their parents and grandparents did not get in the 1950s when the colonial government displaced them from the Zambezi River plains to make way for the Kariba Dam. These activists aligned their claims to prevailing global anti-dam and indigenous people’s rights. This partly explains why some of

Athanasios Yupsanis

: International Human Rights, Self-Determination and Other Central Provisions, Gáldu Čála / Journal of Indigenous People’s Rights No. 3 (2007) p. 27. 73) Th e Draft Convention, which consists of 51 articles, “contains provisions on Sami land and resource rights, on the Sami Parliaments and the rights to self

Andreas Føllesdal and Nils Butenschøn

Populations succeeded in standard setting for some rights, but their draft declaration on indigenous people’s rights still awaits ratification. The most controversial issues 132 NILS BUTENSCHØN AND ANDREAS FØLLESDAL 1 A. Eide, Possible ways and means of facilitating the peaceful and constructive solution of

Dennis V. Blanco

–58) underscore some challenges to the limits of state power on water policy in the context of domestic water which includes the following: Conflict between indigenous claims as customary rights over water resources, which is presumed under the provisions of the Indigenous People’s Rights Acts ( IPRA ) and those

Marco Parriciatu and Francesco Sindico

criteria. 20 Also, Article 1 paragraph 2 contains the so-called subjective criteria 21 by recognising self-identification of Indigenous and Tribal Peoples as a fundamental criterion. In sum, while there seems to be a gradual recognition of Indigenous People’s rights in international law, 22 there is

M. Ya’kub Aiyub Kadir

, only to protect the “traditional rights of the mha ”. It would need more explanation to apply these traditional rights to cover traditional natural resources, to which indigenous people’s rights to resources can then refer. Internal self-determination under Common Article 1 allows more room for the

Stener Ekern

interpreted as alien forces in the cantons. 6. Indigenous People’s Rights It is now time to take a closer look at some of the texts that sustain the human rights discourse on how to order the relationship between the Guatemalan state and its cit- izens of Mayan origin, and how this might serve as reference

Baogang He

Journal on Human Rights and the Law (2008) pp. 77–85. 14 ) J. Bertrand, ‘Indigenous People’s Rights and State Manipulation in Southeast Asia’, the article presented at International Symposium On Ethnic Minorities in Asia: Subjects Or Citizens?, Asia Research Institute, National University of Singapore (25

Children’s Rights in their Oral Health Care

How Responsive are Oral Health Professionals to Children’s Rights

Lee A. Smith, Emma Tumilty, Lyndie Foster Page, W. Murray Thomson and Barry Gibson

have also only briefly touched on the issue of variation in cultural understandings of health. Future research on children’s rights in their oral health care needs to include a discussion of our indigenous people’s rights under the Treaty of Waitangi and the UNDRIP , while the perspectives of children