Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

Download or read book Land Rights and Minorities written by Roger Plant and published by Minority Rights Group. This book was released on 1994-07-01 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: LAND: A QUESTION OF SURVIVAL? The process of territorial seizure and loss began centuries ago and continues today. Foreign occupation, colonisation, resettlement, nationalisation, large-scale infrastructural development and wider economic forces have undermined – and in some cases obliterated – the land security of the world’s vulnerable minorities. Land is now a key issue in minority claims for protection. While some minorities seek restoration of lands lost in the past, others struggle to avert future dispossession, or demand equality of rights with dominant majorities. LAND RIGHTS AND MINORITIES, written by the specialist author and consultant Roger Plant, addresses the current predicament of the world’s minorities with regard to access to and use of land and other natural resources. It emphasises the law and policy framework for the recognition of minority land rights, and the available procedures through which minorities may formulate their claims. Drawing on examples from Africa, the Americas, Asia, Australasia, Europe and the Middle East, the report demonstrates that the legacy of past discrimination must be addressed through affirmative action, and that newly evolving policies should take into account the security of currently or potentially disadvantaged groups. Some minorities are in danger of imminent extinction; others pursue their demands with vigour. Accepting the global imperative of environmentally sustainable land use and management, this authoritative Minority Rights Group report shows how vulnerable minorities will require a range of strategies and responses to ensure their territorial security and, ultimately, their survival. Please note that the terminology in the fields of minority rights and indigenous peoples’ rights has changed over time. MRG strives to reflect these changes as well as respect the right to self-identification on the part of minorities and indigenous peoples. At the same time, after over 50 years’ work, we know that our archive is of considerable interest to activists and researchers. Therefore, we make available as much of our back catalogue as possible, while being aware that the language used may not reflect current thinking on these issues.

Download or read book State of the World s Minorities and Indigenous Peoples 2016 written by Peter Grant and published by Minority Rights Group. This book was released on 2016-07-12 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.

Download or read book Land Tenure Challenges in Africa written by Horman Chitonge and published by Springer Nature. This book was released on 2022-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a significant contribution to the literature on land reform in various African contexts. While the economic evidence is clear that secure property rights are a necessary condition for catalysing broad-based economic development, the governance process by which those rights are secured is less clear. This book details the historical complexity of land rights and the importance of understanding this history in the process of trying to improve tenure security. Through a combination of single country case studies, comparative case studies and regional comparisons, the book is unequivocal that good governance is paramount for improving the performance of land reform programmes. All attempts at moving towards more formal secure tenure require congruence with informal norms, beliefs and values, and a set of clear systems and processes to avoid corruption and unintended negative consequences.

Download or read book Indigenous Peoples Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2007-03-23 with total page 352 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. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

Download or read book The Right to Development Obligations of States and the Rights of Minorities and Indigenous Peoples written by Margot E. Salomon and published by Minority Rights Group. This book was released on 2003-02-10 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.

Download or read book Promoting and Protecting Minority Rights written by United Nations and published by . This book was released on 2012 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.

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 Minorities Peoples and Self Determination written by Nazila Ghanea-Hercock and published by BRILL. This book was released on 2005-05-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice. The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‐lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.

Download or read book Kenya written by Maurice Odhiambo Makoloo and published by Minority Rights Group. This book was released on 2005 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minorities and indigenous peoples in Kenya feel excluded from the economic and political life of the state. They are poorer than the rest of Kenya's population, their rights are not respected and they are rarely included in development of other participatory planning processes. This report discusses the abuse of ethnicity in Kenyan policies, arguing that ethnicity is a card all too often used by Kenyan politicians to favour certain communities over others in the share of the nation's wealth. Kenya: Minorities, Indigenous Peoples and Ethnic Diversity exposes these concerns in detail via the analysis of budgetary expenditure in the poor Turkana region, which is dominated by the minority Turkana people, and in the richer Nyeri region, home of Kenya's current President. The author, Maurice Odhiambo Makoloo, calls for immediate action to address the inequalities and marginalization of communities, as a way of ensuring that Kenya remains free of major conflict. It calls for disaggregated data - by ethnicity and gender - and a new Constitution to devolve power away from the centre, so that minority and indigenous peoples stand to benefit from current and new development programmes.The report argues that Kenya's diversity should be its strength and need not be a threat to national unity. Suppressing and denying ethnic diversity is the quickest route to inter-ethnic conflict and claims of succession. The report calls for urgent action.

Download or read book Protecting the Rights of Minorities and Indigenous Peoples in the Russian Federation Challenges and Ways Forward written by Federica Prina and published by Minority Rights Group. This book was released on 2014-11-25 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of the present situation of minority and indigenous peoples’ rights in Russia. It examines the difficulties in the implementation of international mechanisms for minority and indigenous protection, with a focus on the Council of Europe’s Framework Convention on the Protection of National Minorities, although other international standards (emanating from the OSCE and United Nations) are also taken into account. In particular, the report considers the complexities in the participation of civil society in international monitoring mechanisms. Following an introduction and an overview of domestic and international legislation, the report provides: a) an overview of the main problems confronting minorities and indigenous peoples in Russia; and b) an outline of the factors affecting the implementation of international mechanisms on minority and indigenous protection. It ends with a series of recommendations to improve the participation, recognition and treatment of minorities and indigenous peoples in the country.

Download or read book Purifying the Land of the Pure written by Farahnaz Ispahani and published by Oxford University Press. This book was released on 2017 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Purifying the Land of the Pure, Farahnaz Ispahani analyzes Pakistan's policies towards its religious minority populations, both Muslim and non-Muslim, since independence in 1947.

Download or read book Minority Rights in the Middle East written by Joshua Castellino and published by OUP Oxford. This book was released on 2013-04-25 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

Download or read book The Color of Law A Forgotten History of How Our Government Segregated America written by Richard Rothstein and published by Liveright Publishing. This book was released on 2017-05-02 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.

Download or read book The International Covenant on Economic Social and Cultural Rights written by Ben Saul and published by Oxford University Press. This book was released on 2014-03 with total page 1358 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

Download or read book The Rights of Minorities in Europe written by Marc Weller and published by Oxford University Press on Demand. This book was released on 2006 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for theProtection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use ofnative languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights. This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convention's negotiating history and implementation practice, in addition to examining the pronouncements of the AdvisoryCommittee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.

Download or read book Voluntary Guidelines on the Responsible Governance of Tenure of Land Fisheries and Forests in the Context of National Food Security written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2018-10-03 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: The guidelines are the first comprehensive, global instrument on tenure and its administration to be prepared through intergovernmental negotiations.The guidelines set out principles and internationally accepted standards of responsible practices for the use and control of land, fisheries and forests. They provide guidance for improving the policy, legal and organizational frameworks that regulate tenure rights; for enhancing the transparency and administration of tenure systems; and for strengthening the capacities and operations of public bodies, private sector enterprises, civil society organizations and people concerned with tenure and its governance.The guidelines place the governance of tenure within the context of national food security, and are intended to contribute to the progressive realization of the right to adequate food, poverty eradication, environmental protection and sustainable social and economic development.