Jérémie Gilbert joined UEL in April 2013, previously he held positions in  Middlesex University, the University of Uster, and European Inter-University Centre for Human Rights and Democratisation. He was awarded an LLM and PhD degrees in International Human Rights Law from the National University of Ireland, Galway in 2001 and 2004 respectively. His main area of research is on international human rights law, and more particularly the rights of minorities and indigenous peoples. He has published various articles and book chapters on the rights of indigenous peoples, looking in particular at their right to land.

Reader in Law

PhD programme leader for Law

Dr. Gilbert is keen to supervise research students in the field of international human rights law, business and human rights, minority rights, and indigenous peoples' rights.

Human Rights Law

Indigenous Peoples & Human Rights

Minority Rights

Nomadic Peoples' Rights

Human Rights & Development

Local Relevance of Human Rights

Human Rights & the Environment

Business & Human Rights

Comparative Constitutional Law

LLM, MA, LLB

Human Rights

The Rights of Minorities

Business and Human Rights

Jérémie's current work focuses on the protection of nomadic peoples under international law, minority and indigenous peoples' rights, land rights under international human rights law, the human rights based approach to the control of natural resources, and the interaction between business and human rights law.  

Monograph

Indigenous Peoples’ Land Rights under International Law: From Victims to Actors (Transnational Publishers-Brill 2007). ISBN 1-57105-369-7

Nomadic Peoples and Human Rights (Routledge, Forthcoming 2013)

Book Chapters

‘The New Scramble for Africa: Towards a Human Rights-based Approach to Large Scale Land Acquisition in the SADC Region’ (with David Keane), Ben Chiagara (ed.), Land Rights in Southern Africa (Routledge,  June 2011)

‘Land Rights and the Forest Peoples of Africa: An International Legal Perspective (with Valerie Couilard), in Robert Home (ed.), Land Laws in Sub-Saharan Africa (Pretoria University Law Press, 2011)

‘Indigenous Peoples and Peace-Agreements: Transforming Relationships or Empty Rhetoric?’ in Felipe Gomez and Gaby Ore Aguilar (eds) Transforming Societies Emerging From Conflicts: An Agenda For Equality And Social Justice (Intersentia – 2011)

‘A new dawn over the Land: Shedding Light on Indigenous Peoples’ Land Rights’ (with Cathal Doyle), in Stephen Allen & Alexandra Xanthaki (eds.), Reflections on the United Nations Declaration on the Rights of Indigenous Peoples and International Law (Hart Publishing, 2011).

‘Custodians of the land: Indigenous peoples, human rights and cultural integrity’, in William Logan, Mairead Nic Craith, Michele Langfield (eds.), Cultural Diversity, Heritage and Human Rights Intersections in Theory and Practice (Routledge, 2010)

‘Les Tribunaux Militaires et Tribunaux d’exceptions en République d’Irlande’ (with Clémentine Olivier), in Elisabeth Lambert-Abdelgawad (ed.), Tribunaux militaires, Juridictions d'exception: perspectives comparées et internationales, (AUF, Coll. "Actualités  francophones", 2007).

‘The Treatment of Territory of Indigenous Peoples in International law’, in J. Castellino & S. Allen, Title to Territory in International Law (Ashgate, 2003), pp.199 - 228.

Entries (The Right to Self-determination; Cultural Rights: The Right to Enjoy a Distinct Culture; Indigenous Peoples’ Rights) in Christien Van den Anker and Rhona Smith (eds.) The Essential Guide to Human Rights (Hodder, March 2005)

‘The Blur of a Distinction: Adivasis Experience with Land Rights, Self-Rule and Autonomy’. In N. Walsh and J. Castellino, International Law and Indigenous Peoples (Martinus Nijhof Publishers, 2005)

Peer-Reviewed Articles

‘The Right to Freely Dispose of Natural Resources: Utopia or Forgotten Right?’, Netherlands Quarterly of Human Rights (Forthcoming, September 2013)

‘Constitutionalism, Ethnicity and Minority Rights in Africa: A Legal Appraisal from the Great Lakes Region’, International Journal of Constitutional Law (May 2013)

‘Land Rights and Nomadic Peoples: Using International Law at the Local Level’, Nomadic peoples, Volume 16, Issue 2, Winter 2012

‘Corporate Accountability & Indigenous Peoples: Prospects and Limitations of the US Alien Tort Claims Act’, 19 (1) International Journal of Minority and Groups Rights, (2012) pp. 25-52.

‘Indigenous Peoples’ Human Rights in Africa: the Pragmatic Revolution of the African Commission on Human and Peoples’ Rights,’ International & Comparative Law Quarterly, Vol 60, January 2011 pp 37–62

‘Indigenous Peoples and Globalization: From ‘Development Aggression’ to ‘Self-Determined Development’(with Cathal Doyle), European Yearbook on Minority Issues Vol. 8 (January 2011)

‘Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title’ 56 (3) International and Comparative Law Quarterly (2007) 538-611

‘Nomadic Territories: A Human Rights Approach to Nomadic Peoples' Land Rights’ 7:4 Human Rights Law Review (2007): 681-716

‘Indigenous Rights in the Making: the United Nations Declaration on the Rights of Indigenous Peoples’ 14 (2) International Journal on Minority and Groups Rights (2007)

‘Still no Place to Go: Nomadic Peoples’ Territorial Rights in Europe’, 4 European Yearbook on Minority Issues 141-159 (July 2006).

‘Justice not Revenge: The International Criminal Court and the ‘grounds to exclude criminal responsibility’: defences or negation of criminality?’ 10 (2) The International Journal of Human Rights 143-160 (June 2006).

‘Self-Determination, Indigenous Peoples and Minorities’, 3 Macquarie Law Journal, 2003, pp.155-178 (With Joshua Castellino)

‘Environmental Degradation as A Threat to Life: A Question of Justice?’, 6 Trinity College Law Review, 2003, pp.81-97

‘Indigenous Peoples and Environmental Degradation: Human Rights Protection in a Time of Globalisation?’ Nottingham Human Rights Law Review, Student Supplement, June 2001, pp.21-30

Reports

“Guidance on Business and Human Rights: a Review”, (with Nadia Bernaz) British Equality & Human Rights Commission (2012)

“Etude de la législation de la République Centrafricaine au vu de la Convention 169 de l’Organisation internationale du travail relative aux peuples indigènes et tribaux”, Rainforest Foundation UK and ILO (2012)

‘Business, Human Rights and Indigenous Peoples: The Right to Free, Prior and Informed Consent’, submitted to the United Kingdom Joint Committee on Human Rights, May 2009.

‘Land Rights and the Forest Peoples of Africa: Historical, Legal and Anthropological Perspectives’ (Forest Peoples Programme, March 2009)

“Mainstreaming Human Rights in Treaties and Agreements between States and Indigenous Peoples”, Working Paper, United Nations Expert Seminar on Treaties and other arrangements between States and Indigenous Peoples, UN Doc. E/CN.4/Sub.2/AC.4/2004/7

 ‘Galway Anti-Racism Strategy, A Legal Appraisal’, Galway City Partnership, National Campaign Against Racism, March 2004 (with Anthony Cullen, Shane Darcy and David Keane)

‘Accountability and Impunity: Chasing a Mirage in Jammu and Kashmir - An assessment of the ground situation from 1999 to July 2002’, (with Paul Green and Steve Kostas), South Asia Human Rights Documentation Centre, 2003

Non-Academic Publications/ Newspapers articles/Book Reviews

The Closure of RAIPON: Indigenous Peoples of Russia are losing their Voice, EHRAC Newsletter, March 2013

Book Review : Federico Lenzerini (ed.), Reparations for Indigenous Peoples: International and Comparative Perspectives (OUP, 2009), in Human Rights Law Review, 2010 (3): 586-589

“La France et ses banlieues : entre ‘racailles’ et droit des minorités”, France-Soir, 12 January 2006.

“Wake up! France has Minorities”, Opinion – Metro Eireann, December 2005, p.8.

Book Review : A. Wimmer, R. Goldstone, and all (eds.), Facing Ethnic Conflicts: Towards a New Realism, Paperback: 384 pages, Publisher: Rowman & Littlefield Publishers (August 1, 2004), in Ethnic Conflict Research Digest, 2005, Volume 5, Number 1

Book Review : Jochen A. Frowein and Rüdiger Wolfrum (eds.), Max Planck Yearbook of United Nations Law, Vol. 5, 2001 (The Hague, Kluwer Law International), in Ethnic Conflict Research Digest, 2005, Volume 5, Number 1

‘Judgement Reserved: The Case of the National Human Rights Commission of India’ Seminar, Vol.512, States of Insecurity, April 2002

‘No to Slavery: Mauritania won’t speak of it’, Human Rights Features, 18-24 March 2002

‘Le Protocole de Montréal, le droit de dire non aux OGM’ in La Lettre, Fédération Internationale des Droits de l’Homme, March 2000.

To access past research papers, please visit: http://uel.academia.edu/JeremieGilbert

Jérémie is a a board member of the International Work Group on Indigenous Affairs (IWGIA- www.iwgia.org), a member of Minority Rights Group International’s Advisory Board on their Legal Cases Programme (www.minorityrights.org), and also regularly works with the Forest Peoples’ Programme and the Rainforest Foundation. He was one of the invited independent experts for United Nations Expert Seminar on Treaties and other arrangements between States and Indigenous Peoples.

Jérémie is a member of the business and human rights working group of the Equality and Human Rights Commission (UK).

Jérémie is an external examiner for the LLM in International Human Rights Law and Practice, Centre for Applied Human Rights, York University (U.K.)

Editorial Advisory Board for the journal Nomadic Peoples since July 2009 (http://journals.berghahnbooks.com/np/).

Human Rights Consortium, School of Advanced Study, University of London, Associate Expert Member since May 2009

Reviewers for the Journal of Global Ethics, since January 2006

International Law Association, British Branch, Member since September 2010

Nomadic Peoples and Human Rights (forthcoming- Routledge 2013)

Although nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles. While it is difficult to provide a clear estimate of nomadic peoples around the world, there is an agreement that their nomadic way of life, as well as their survival, is in danger, and that nomadism itself is facing extinction.

This book provides an innovative rights-based approach to the issue of nomadism looking at issues including discrimination, segregation, freedom of movement, land rights, cultural and political rights, and the environment and effective management of natural resources. The book analyses the extent to which human rights law is able to provide some form of protection for nomadic peoples to perpetuate their own way of life and culture, and sets out why such protection should be granted. It questions whether the current human rights regime is able to protect nomadic peoples, highlighting the lacuna that currently exists in international human rights law in relation to nomadic peoples. It goes on to propose avenues for the development of specific rights for nomadic peoples offering a new reading on freedom of movement in the context of nomadic peoples and on nomadic peoples’ rights to land and natural resources.

For details, see: http://www.routledge.com/books/details/9780415526968/

Equality and Human Rights, Guide for Small and Medium Businesses:  http://www.equalityhumanrights.com/advice-and-guidance/here-for-business/human-rights-matter-to-business/

Rainforest Foundations UK and ILO, Review of the national legislation of the Central African Republic regarding the incorporation and implementation of the ILO Convention 169 (Etude de la législation de la République Centrafricaine au vu de la Convention 169 de l'Organisation internationale du travail relative aux peuples indigènes et tribaux) available at : http://www.mappingforrights.org/files/RFUK%20ILO%20C169%20February%202012.pdf

Forest Peoples Programme: http://www.forestpeoples.org

Minority Rights Group International, Strategic Litigation Programme: http://www.minorityrights.org/549/law/law.html

International Work Group on Indigenous Affairs (IWGIA): http://www.iwgia.org/

International Law Association: http://www.ila-hq.org

Dana Declaration on Mobile Peoples: http://www.danadeclaration.org

Nomadic Peoples: http://journals.berghahnbooks.com/np/

Last updated: April 2013