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Chapter 5 Indigenous ~ i g h t s " ~ Genocide has been committed against indigenous, Indian, or tribal peoples"' in every region of the world, and it is in this context that any 276 Parts of this chapter are drawn from United Nations, Study of the Problem of Discrinzinution Aguinst Indigenous Populations (Jose R. Martinez Cobo, Special Rapporteur ), UN Doc. E/CN.4/Sub.211986/7 & Adds.1-4 (1986) [hereinafter cited as "UN Indigenous Study"], one of the most comprehensive surveys in recent years of the status of indigenous colnmunities in all regions of the world. The five volumes are reprints of a series of partial reports issued by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities from 1981to 1983and prepared largely by Augusto Willemsen Diaz of the UN Center for Human Rights; the final installment is available as a UN publication (Sales No. E.86.XIV.3) and contains the conclusions and recommendations of the study [hereinafter cited as "UN Indigenous Study Conclusions"]. As the reissued set of documents is not widely available, the original documents also might be consulted; they are, in order of their original appearance, UN Docs. E/CN.4/Sub.2/476IAdds.l-6 (1981); E/CN.4/Sub.211982121Adds.1-7 (1982); and E/CN.4/Sub.211983121iAdds. 1-7 (1983). The UN study is largely based on information received concerning 37 countries: Argentina, Australia, Bangladesh, Bolivia, Brazil, Burma, Canada, Chile, Colombia, Costa Rica. Denmark (including Greenland), Ecuador, El Salvador, Finland, France (including French Guyana), Guatemala, Guyana, Honduras, India. Indonesia, Japan, Laos, Malaysia, Mexico, New Zealand. Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Sri Lanka, Suriname, Sweden, United States, and Venezuela. An excellent review of recent writings on indigenous questions may be found in Bernadette Kelly Roy and Gudmundur Alfredsson, "Indigenous Rights: The Literature Explosion," 13 Transnational Perspectives 19 (1987). Also see Russel L. Barsh, Note, "Indigenous Peoples: An Emerging Object of International Law," 80 Am. J. Int'l L. 369 (1986). 277 Governments, UN Secretariat employees, and NGO lawyers often carefully distinguish between "peoples" and "populations," on the theory that designation as a "people" automatically entitles the group so characterized to assert a right to selfdetermination (i.e., "All peoples have the right of self-determination."). As shown in chap. 3, such a simplistic equation is meaningless in UN practice as well as everyday speech, and the attempt to sneak in references to indigenous "peoples" (or carefully to Chapter 5 Indigenous Rights276 Genocide has been committed against indigenous, Indian, or tribal peoples277 in every region of the world, and it is in this context that any 276 Parts of this chapter are drawn from United Nations, Study of the Problem of Discrimination Against Indigenous Populations (Jose R. Martinez Cobo, Special Rapporteur ), UN Doc. E/CN.4/Sub.2/1986/7 & Adds.1-4 (1986) [hereinafter cited as "UN Indigenous Study"], one of the most comprehensive surveys in recent years of the status of indigenous communities in all regions of the world. The five volumes are reprints of a series of partial reports issued by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities from 1981 to 1983 and prepared largely by Augusto Willemsen Diaz of the UN Center for Human Rights; the final installment is available as a UN publication (Sales No. E.86.XIV.3) and contains the conclusions and recommendations of the study [hereinafter cited as "UN Indigenous Study Conclusions"]. As the reissued set of documents is not widely available, the original documents also might be consulted; they are, in order of their original appearance, UN Docs. E/CN.4/Sub.2/476/Adds. 1-6 (1981); E/CN.4/Sub.2/1982/2/Adds.1-7 (1982); and E/CN.4/Sub.2/1983/21/Adds.1-7 (1983). The UN study is largely based on information received concerning 37 countries: Argentina, Australia, Bangladesh, Bolivia, Brazil, Burma, Canada, Chile, Colombia, Costa Rica, Denmark (including Greenland), Ecuador, EI Salvador, Finland, France (including French Guyana), Guatemala, Guyana, Honduras, India, Indonesia, Japan, Laos, Malaysia, Mexico, New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Sri Lanka, Suriname, Sweden, United States, and Venezuela. An excellent review of recent writings on indigenous questions may be found in Bernadette Kelly Roy and Gudmundur Alfredsson, "Indigenous Rights: The Literature Explosion," 13 Transnational Perspectives 19 (1987). Also see Russel L. Barsh, Note, "Indigenous Peoples: An Emerging Object of International Law," 80 Am. J. In1'l L. 369 (1986). 277 Governments, UN Secretariat employees...

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