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28 Va. J. Int'l L. 649 (1987-1988)
New Developments in Indigenous Rights

handle is hein.journals/vajint28 and id is 659 raw text is: New Developments in Indigenous Rights* HURST HANNuM** Genocide has been committed against indigenous, Indian, or tribal peoples' in every region of the world, and it is in this context that any discussion of indigenous rights must occur. The general perspective of the state towards indigenous peoples - that they are either to be con- quered or converted to the beliefs of the dominant, more advanced society - has remarkable similarities, whether the state is found in North, Central, or South America; the Caribbean; the Pacific; Asia, from Bangladesh to China; Africa, with respect to groups such as the pygmies; or northern Europe. If there are few problems with indig- enous people in contemporary Europe, it is because most of the con- quests or assimilation of the original inhabitants occurred thousands rather than hundreds of years ago. In recent years, however, indigenous rights have been asserted more aggressively and successfully at both the international and * This article is drawn in part from a larger work entitled Autonomy, Sovereignty, and Self- Determination: The Accommodation of Conflicting Rights, which will be published in early 1989. The author and the Procedural Aspects of International Law Institute gratefully acknowledge the financial support of the Ford Foundation in completing the project. ** Member of the California and District of Columbia bars; Executive Director of the Procedural Aspects of International Law Institute, Washington, D.C. Mr. Hannum is author of New Directions in Human Rights (forthcoming, 1988) and The Right to Leave and Return in International Law and Practice (1987), and editor of Guide to International Human Rights Practice (1984). 1. 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 self-determination (i.e., All peoples have the right of self-determination.). 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 avoid such references exalts form over substance to such a degree that even the author rebels. Therefore, unless the context makes it clear that a distinction is intended, the present article utilizes the terms indigenous peoples, indigenous populations, and indigenous communities interchangeably.

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