Download or read book The Land is Our History written by Miranda C. L. Johnson and published by Oxford University Press. This book was released on 2016 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book chronicles the extraordinary story of indigenous activism in the late twentieth century. Taking their claims for justice to law, indigenous peoples transformed debates about national identity and reframed the terms of belonging in settler states. - from the back cover.
Download or read book Trapped by History written by Darryl Cronin and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.
Download or read book Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts Bangladesh written by Rajkumari Chandra Kalindi Roy and published by IWGIA. This book was released on 2000 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.
Download or read book Urban Indigenous Peoples and Migration written by United Nations Human Settlements Programme and published by . This book was released on 2010 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The material originates from an international Expert Group Meeting on Urban Indigenous Peoples and Migration held in Santiago, Chile, March 27-29, 2007. It seeks to provide a comprehensive analysis of migration by indigenous peoples into urban areas from a human rights and a gender perspective. In this work, particular attention is paid to the varying nature of rural-urban migration around the world, and its impact on quality of life and rights of urban indigenous peoples, particularly youth and women."--Publisher's description.
Download or read book Report on the Situation of Human Rights in Ecuador written by and published by . This book was released on 1997 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: OF JUSTICE IN ECUADOR
Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Download or read book Indigenous Peoples Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2016-06-21 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Download or read book Land and the Politics of Belonging in West Africa written by Richard Kuba and published by BRILL. This book was released on 2005-12-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognizing that land rights are ambiguous, negotiable and politically embedded, these case studies explore the long-term processes and recent changes in contemporary rural West Africa affecting the conversion of control over land into social and political capital and vice versa. They point to the colonial origins of what came to be viewed as ‘customary’ tenure and to the legal pluralism characterizing pre-colonial tenure arrangements. Furthermore, they show the spiritual and ritual importance of land that can be converted into political power and economic prerogatives, a dimension neglected by much of the recent literature. Analyses cover forest and savannah, state and segmentary societies, facilitating comparison and insights across the Anglo-Francophone divide.
Download or read book Evolving Land Rights Policy and Tenure in Africa written by Camilla Toulmin and published by IIED. This book was released on 2000 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gender and Human Rights in the Commonwealth written by Commonwealth Secretariat and published by Commonwealth Secretariat. This book was released on 2004 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the papers commissioned for a Pan-Commonwealth Expert Group Meeting on Gender and Human Rights which took place at the Commonwealth Secretariat in London in February 2004. These papers, together with other key background papers, represent much of the analysis and experience from Commonwealth member countries that informed the development of the Human Rights section of the new Commonwealth Plan of Action for Gender Equality 2005-2015. The papers address a wide range of Gender and Human Rights issues, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), gender-based violence, culture and the law, indigenous peoples, trafficking and migration, land and property rights, diversity, and a life cycle approach to gender and human rights. The contributors include government policymakers, judges, lawyers, academics, representatives of civil society organizations, and specialists from multilateral agencies including the Commonwealth Secretariat. The purpose of this book is to contribute to current policymaking, program planning and implementation on Gender and Human Rights. It is intended for a wide audience of policymakers, magistrates, judges and lawyers, academics, and civil society organizations grappling with these issues. It is also intended as a conceptual and policy-oriented resource for those committed to implementing and supporting the Human Rights goals of the new Commonwealth Plan of Action for Gender Equality 2005-2015.
Download or read book Global Restructuring and Land Rights in Ghana written by Kojo Amanor and published by Nordic Africa Institute. This book was released on 1999 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The report highlights the long history of commodification of land and labour in Ghana, linked to speculative activities and more recently to the activities of international capital, agribusiness, international agricultural centres, and agencies of the state. It makes the case for a new land, agrarian and natural resource regime that prioritises domestic economic needs to provide security of livelihood to the generality of the people.
Download or read book Indigenous Land Rights in Israel written by Morad Elsana and published by Routledge. This book was released on 2020-11-29 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
Download or read book The Commonwealth s Indigenous Land Tenure Reform Agenda written by Edward George Wensing and published by . This book was released on 2016 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book The 1967 Referendum written by Bain Attwood and published by Aboriginal Studies Press. This book was released on 2007 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 27 May 1967 a remarkable event occurred. An overwhelming majority of electors voted in a national referendum to amend clauses of the Australian Constitution concerning Aboriginal people. Today it is commonly regarded as a turning point in the history of relations between Indigenous and white Australians: a historic moment when citizenship rights -- including the vote -- were granted and the Commonwealth at long last assumed responsibility for Aboriginal affairs. Yet the constitutional changes entailed in the referendum brought about none of these things. "The 1967 Referendum" explores the legal and political significance of the referendum and the long struggle by black and white Australians for constitutional change. It traces the emergence of a series of powerful narratives about the Australian Constitution and the status of Aborigines, revealing how and why the referendum campaign acquired so much significance and has since become the subject of highly charged myth in contemporary Australia. Attwood and Markus's text is complemented by personal recollections and opinions about the referendum by a range of Indigenous people, and historical documents and illustrations.
Download or read book Land and Sustainable Development in Africa written by Kojo Sebastian Amanor and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book links contemporary debates on land reform with wider discourses on sustainable development within Africa. Featuring chapters and in-depth case studies on South Africa and Zimbabwe, Malawi, Kenya, Botswana and West Africa, it traces the development of ideas about sustainable development and addresses a new agenda based on social justice. The authors critically examine contemporary neoliberal market-led reforms and the legacy of colonialism on the land question. They argue that debates on sustainable development should be placed in the context of structural interests, access and equity, rather than technical management of land and resources. Additionally, they show that these structural factors cannot be transformed by institutional reform based on notions of elective democracy, community participation, and market-reform, but require a far more radical programme to redress the injustices of the colonial system that continue today. The book advocates a commitment to building sustainable livelihoods for farmers, calling for a redistribution of land and natural resources to challenge existing economic relations and frameworks for development.
