Howard R. Berman Collection

Howard R. Berman, a 1973 graduate of the University at Buffalo School of Law, taught American Indian Law and Human Rights at UB from 1978 to 1982. Professor Berman taught at Harvard Law School from 1983 to 1987 and California Western Law School from 1987 until his death. He maintained a private practice in American Indian law and served as an attorney for the Indian Law Resource Center in Washington D.C. from 1978-81. He was an early leader in the development of law on the rights of indigenous peoples. His interests also included comparative law, international environmental law, international law, international trade and property.

He chaired the Interest Group on Indigenous Rights for the American Society of International Law and served on the Board of Advisors for the International Working Group for Indigenous Affairs for the United Nations from 1993 until his death. He worked closely with the traditional Haudenosaunee [Six Nations, Iroquois Confederacy] and was an avid collector of rare books on New York history and Indian affairs, and international law.

Upon his death in June 1997, Professor Berman donated to the Law Library his collection of books and personal papers, which focus on Indian Nations within New York State and the rights of indigenous peoples worldwide.

Epilogue

On September 13, 2007 the United Nations General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples.

Prof. Berman’s life work centered on the creation of this historic document establishing rights under international law for the world’s indigenous peoples.

Prof. Berman attended the initial gathering in 1977 of the Conference on Discrimination Against Indigenous Peoples: The Americas, The United Nations, Geneva, Switzerland. From this conference, a recommendation was sent to the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities, which in turn recommended to the UN that it form the Working Group on Indigenous Populations. In the 1980's and '90's Prof. Berman participated in the UN Working Group which in 1993 issued a Draft Declaration on the Rights of Indigenous Peoples. In 2000 the UN Permanent Forum on Indigenous Issues was established by the UN Economic and Social Council (ECOSOC). It was this body that negotiated the final Declaration adopted by the General Assembly.

Prof. Berman served on the Board of Advisors for the IWGIA which remains actively involved in these issues.

Reprinted with permission from the California Western Law Journal at 28 CAL. W. INT'L. L.J. Spring 1998

Publications

The ILO Indigenous and Tribal Peoples Convention (No. 169) and Its Antecedents: A Critical Appraisal (manuscript on file with the California Western International Law Journal).

Introductory Note: United Nations Draft Declaration on the Rights of Indigenous Peoples, 34 I.L.M. 541 (1995).

American Indian Religious Freedom, in RELIGION AND HUMAN RIGHTS 108 (John Kelsey & Sumner Twiss eds., 1994).

Remarks, The Development of International Recognition of the Rights of Indigenous Peoples, in THE DEVELOPMENT OF INTERNATIONAL RECOGNITION OF THE RIGHTS OF INDIGENOUS PEOPLES "NEVER DRINK FROM THE SAME CUP": PROCEEDINGS OF THE CONFERENCE ON HUMAN RIGHTS IN AFRICA 313 (Hanne Veber et al. eds., 1994).

Remarks on the Political Rights of Indigenous Peoples, in VOICES OF THE EARTH: INDIGENOUS PEOPLES, NEW PARTNERS AND THE RIGHT TO SELF-DETERMINATION IN PRACTICE 178 (Leo van der Vlist ed., 1994).

A MODEL PROCESS FOR INDIGENOUS SELF-GOVERNMENT: AN INTERVIEW WITH HOWARD R. BERMAN (Ethnic Conflicts Research Project, University of Amsterdam, The Netherlands ed., (1994)).

Indigenous Peoples and the Right to Self-Determination, in 87 PROC. Am. SOC'Y INT'L L. 190 (1994).

The Content of the Right to Self-Determination, in TIBET: THE POSITION IN INTERNATIONAL LAW 86 (Robert McCorquodale & Nicholas Oroz eds., 1994).

Perspectives on American Indian Sovereignty and International Law, 1600-1776, in EXILED IN THE LAND OF THE FREE: DEMOCRACY, INDIAN NATIONS, AND THE U.S. CONSTITUTION (Oren R. Lyons & John Mohawk eds., 1992). The Situation of Indigenous Peoples in Taiwan, IWGIA NEWSLETTER No. 62, at 108 (1990).

The International Labor Organization and Indigenous Peoples: Revision of ILO Convention No. 107 at the 75th Session of the International Labour Conference, 41 INT'L COMM'N JURISTS REV. 48 (1988), reprinted in ABORIGINAL PEOPLES AND TREATIES 161 (Juanita Ferguson ed., 1989).
International Human Rights Standard-Setting: The Case of Indigenous Peoples, 81 PROC. Am. SOC'Y INT'L L. 282 (1987).

Are Indigenous Populations Entitled to International Juridical Personality?, 79 PROC. AM. SOC'Y INT'L L. 190 (1985).

Teaching Human Rights Law, 35 J. LEGAL EDUC. 428 (1985).

Are Human Rights Universal?, 17 INTERCULTURE 53 (1984).

Violations of the Human Rights of the Mohawk People: Communication to the United Nations Commission on Human Rights, in RETHINKING INDIAN LAW (Marti Roberge ed., 1982) (with Robert T. Coulter).

The Concept of Aboriginal Rights in the Early Legal History of the United States, 27 BUFF. L. REV. 637 (1978).

Conference Presentations (Partial List):

Speaker, International Law Issues Presented by the Draft United Nations Declaration on the Rights of Indigenous Peoples, AALS Annual Meeting, Washington, D.C., Jan. 1997 (jointly sponsored by the Sections on International Law, Native American Rights, and Minorities).

Speaker, Land Rights and the Concept of Territoriality, Conference on Indigenous Peoples and Self-Determination as a Means for Combating Social Injustice, held in conjunction with the U.N. World Summit for Social Development, Copenhagen, Denmark, Mar. 1995.

Speaker, Sovereignty in Conflict, Conference on American Indian Sovereignty, State University of New York at Buffalo, Mar. 1995.

Speaker, Arguments for a New United Nations Charter, California Academy of Sciences, San Francisco, Nov. 1994.

Invited Participant, Forum on Emerging International Issues, Goethe Institute, San Francisco, Nov. 1994.

Speaker, Legal Pluralism and Human Rights, Conference on Cosmovision y Practicas Juridicas Indigenas, Instituto de Investigaciones Juridicas, National Autonomous University of Mexico, Mexico City, Mexico, Mar. 17-18, 1994.

Speaker, The United Nations Draft Declaration on the Rights of Indigenous Peoples: A Thematic Analysis, Conference on Indigenous Peoples and Human Rights, Taipei, Taiwan, Dec. 10- 11, 1993.

Speaker, Issues in the Implementation of the Right to Self-Determination, Conference on Indigenous Peoples and the Right to Self Determination in Practice, Amsterdam, The Netherlands, Nov. 10-11, 1993.

Speaker, The Development of International Recognition of the Rights of Indigenous Peoples, Instituto de Investigaciones Juridicas, National Aulonomous University of Mexico, Mexico City, Apr. 1993.

Speaker, The Development of International Recognition of the Rights of Indigenous Peoples (expanded paper) & The Relevance of Indigenous Rights in the African Context, Conference on Indigenous Peoples in Africa, Copenhagen, Denmark, June 1-3, 1993.

Chair & Speaker, Panel on Indigenous Peoples and the Right to Self Determination, American Society of International Law Annual Meeting, Washington, D.C., Apr. 2,1993.

Speaker, The Right to Self-Determination-Issues and Prospects, Conference of International Lawyers on Tibet, London, U.K., Jan. 1993.

Speaker, Reflections on the Rights of Indigenous Peoples: Then and Now, Panel on 1492 and International Law, Annual Meeting of the International Law Association (American Branch), New York, Nov. 1992.

Chair, Panel on Labor Relations in Transitional Economies, CWSU Overseas Private Investment Corporation Conference on Investing in Central and Eastern Europe, San Diego, Apr. 1991.

Chair, Panel on Self-Determination and the Future of the Nation-State, Annual Meeting of the International Law Association (American Branch), New York, Nov. 1990.

Speaker, The Rights of Peoples in International Law, InterParliamentary Conference on the Legal and Political Status of Tibet, London, U.K., July 1990.

Speaker, Aboriginal Rights in Taiwan, Seminar, Legislative Yuan (Parliament), Taipei, Taiwan, Apr. 1990.

Lecturer, Diplomacy Training Program, University of New South Wales, Sydney, Australia, Jan. 1990.

Speaker, The Fourth World in International Law, Conference on the Small Nations of the North in International and Constitutional Law, Julianehab, Greenland, June 1988.

Speaker, Indigenous Peoples in International Human Rights Law, First General Assembly of Indigenous Organizations of the Amazon Region, Santa Cruz, Bolivia, May 1988.

Speaker, The Jay Treaty and Indian Border-Crossing Rights, Conference on U.S.-Canadian Indian Border Rights, Cornwall, Canada, Apr. 1988.

Speaker, Peoples and Rights: New Patterns, Second World Congress on Human Rights, Dakar, Senegal, Dec. 1986.

Speaker, Indian Nations and the Constitution: A Bicentennial Reflection, American Indian Law Symposium, Columbia University School of Law, Oct. 1986.

Speaker, Indigenous Rights in the National Context: A Comparative Analysis, Conference on the Rights of Peoples, Australian National Commission for UNESCO, Canberra, Australia, May 1986.

Speaker, Indigenous Self-Government in North America, Conference on the Small Nations of the North in International and Constitutional Law, Kautokeino, Norway, July 1985.

Speaker, Racial Discrimination and the Rights of Indigenous Peoples: Access to International Procedures, Roundtable on Racial Discrimination, International Institute of Human Rights (Strasbourg, France), Santa Clara, California, May 1982.

Speaker, Aboriginal Rights and the International Human Rights System, Conference on Indigenous Peoples and the Multinational Challenge, Washington, D.C., Oct. 1982.

Speaker, Indigenous Peoples and International Human Rights, Colloquium on Human Rights Law and Policy, Buffalo, New York, Oct. 1981 (regional meeting of the American Society of International Law).

Speaker, The Proposed United Nations Working Group on Indigenous Peoples: New Horizons or Empty Promises?, Indian Law Conference, New York Law School, New York, Apr. 1980.

United Nations, International Labor Organization, UNESCO Activities:

Representative of the International Work Group for Indigenous Affairs, United Nations Commission on Human Rights, Geneva, Switzerland, Mar. 1995, Nov. 1995.

Representative of the International Work Group for Indigenous Affairs, United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, Geneva, Switzerland, Aug. 1994; adoption of the draft United Nations Declaration on the Rights of Indigenous Peoples by the SubCommission.

Participated as an independent expert in the annual sessions of the United Nations Working Group on Indigenous Populations (Sub-Commission on Prevention of Discrimination and Protection of Minorities) 1982-1995; participated in the development of the draft United Nations Declaration on the Rights of Indigenous Peoples, 1988-94.

Legal Adviser, Survival International (U.K.), 76th International Labor Conference, International Labor Organization, Geneva, Switzerland, June 1989; participated in the development of the ILO Indigenous and Tribal Peoples Convention (No. 169).

Representative of the International Commission of Jurists, 75th International Labor Conference, International Labor Organization, Geneva, Switzerland, June 1988; participated in the development of ILO Convention No. 169.

Legal Adviser, Survival International, International Labor Organization Meeting of Experts on the Revision of Convention No. 107, Geneva, Switzerland, Sept. 1986.

Representative of the International Commission of Jurists, United Nations Seminar on Recourse Procedures and Other Forms of Protection Available to Victims of Racial Discrimination and Activities to be Undertaken at the National and Regional Levels, Managua, Nicaragua, Dec. 1981.

Representative of the International Commission of Jurists, UNESCO Conference of Experts on Ethno-Development and Ethnocide in Latin America, San Jose, Costa Rica, Nov. 198 1.

Rapporteur of the Legal Commission, international Non-Governmental Organization Conference on Indigenous Peoples and the Land, Geneva, Switzerland, 1981.

Other Professional Activities (Pro Bono) (Partial List):

Chair, American Society of International Law Interest Group on the Rights of Indigenous Peoples, 1985-1997.

Board of Advisers, International Work Group for Indigenous Affairs, Copenhagen, 1992-1997.

Consultant, Unrepresented Nations and Peoples Organization, The Hague, review of the draft legislation of the Ukraine on the rights of Crimean Tatars, National Policy of Ukraine in Relation to Indigenous Peoples, 1996-1997.

Invited Participant, Consultation on the World Bank and Human Rights Bank Information Center, Washington, D.C., May 1995. (The Center monitors the human rights and environmental consequences of the activities of the World Bank and other multilateral financial institutions.)

Invited Participant, U.S. State Department Consultation on Human Rights Policy, Washington, D.C., Jan. 1995.

Board of Advisors, World Uranium Hearing, Salzburg, Austria, 19901992.

Consultant, Hon. Edward Griffith, Assistant Speaker of the New York State Assembly on the subject of New York-Indian relations, 1990-1991.

Legal Adviser (legal history), Honorable Nations, a documentary film on the Seneca Nation in New York by Steward/Gazit Productions; broadcast on the P. 0. V. Series, P. B. S., July 199 1; awarded an Emmy, Sept. 1992.

Arbitrator, American Arbitration Association, 1987, 1992-1993.

Research Grant, Five Rings Foundation, American Indian Nations and the U.S. Constitution, 1987-1988.

Research Grant (Harvard Human Rights Program), Exxon Education Foundation, Curricular Materials on International Human Rights Law, 19851986.

Carnegie Foundation Grant (Hague Academy of International Law Center for Study and Research), Minority Rights in International Law, 1984.