Federico Lenzerini (ed.), Reparations for Indigenous Peoples: International and Comparative Perspectives

Abstract

Indigenous peoples’ rights are historically grounded, not only because indigenous peoples have ‘historical continuity with pre-invasion and pre-colonial societies’,1 but also, and mainly, because they have been victims of serious historical human rights violations. As the United Nations Declaration on the Rights of Indigenous Peoples acknowledges, ‘indigenous peoples have suffered from historic injustices’. Such historical injustices include acts of genocide, slavery, dispossession of their lands, and general acts of discrimination. In most situations indigenous peoples are still awaiting justice. The issue of reparation for past human rights violations is usually controversial. The 2001 Durban World Conference on Racism nearly collapsed on issues relating to reparation for slavery and colonialism. A central issue of contention is the connection between present time and past violations. Reparation for indigenous peoples is equally problematic. The 22-year process that finally led to the adoption of the Declaration on the Rights of Indigenous Peoples in...