The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice. The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‑lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.
Nazila Ghanea is Senior Lecturer in International Law and Human Rights at the University of London, Institute of Commonwealth Studies. She has publications in the field of minority rights, freedom of religion or belief and the UN human rights machinery. She has acted as a United Nations consultant on minority rights in Iran. Her recent publications include
Human Rights, the UN and the Bahá’ís in Iran (The Hague: Kluwer Law International, 2003).
Alexandra Xanthaki is Lecturer in International Law at Brunel University. She has published on indigenous rights, group rights and minority rights and has acted as a United Nations consultant on indigenous rights. She is currently completing a monograph on the rights of indigenous peoples in international law.
Table of contents
Contributors; Introduction and Acknowledgements
Alexandra Xanthaki and Nazila Ghanea, with Francesca Thornberry;
SECTION I. SELF-DETERMINATION AND INDIGENOUS PEOPLES;
Chapter 1: What are Indigenous Peoples?
Chapter 2: The Right to Self-Determination: Meaning and Scope
Chapter 3: Self-Determination and the Use of Force
Malcolm N. Shaw;
Chapter 4: Conceptual Difficulties and the Right to Indigenous Self-Determination
Chapter 5: Indigenous Peoples’ Rights to Land and Natural Resources
Erica-Irene A. Daes;
Chapter 6: The World Bank and Indigenous Peoples
Sia Spiliopoulou Åkermark;
Chapter 7: Economic Solutions to Political Problems: The Case of the Chittagong Hill Tracts
SECTION II. MINORITIES
Chapter 8: Individuals, Collectivities and Rights
Chapter 9: Minorities, Indigenous and Tribal Peoples, and Peoples: Definitions of Terms as a Matter of International Law
Chapter 10: Integration and Separation: Legal and Political Choices in Implementing Minority Rights,
Chapter 11: Repressing Minorities and Getting Away with It? A Consideration of Economic, Social and Cultural Rights
Chapter 12: Multiculturalism and Its Discontents
Chapter 13: Colour as a Ground of Discrimination
Chapter 14: The OSCE High Commissioner on National Minorities: Pyrometer, Prophylactic, Pyrosvestis
Chapter 15: Council of Europe Policies Concerning the Protection of Linguistic Minorities and the Justiciability of Minority Rights
María Amor Martín Estébanez;
Chapter 16: The African Union and the Prospects for Minority Protection
Chapter 17: The Kurdish Question in Turkey: Historical Roots, Domestic Concerns and International Law
Bűlent Gőkay; Bibliography.