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 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 Unsettling Canada written by Arthur Manuel and published by Between the Lines. This book was released on 2021-11-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Canadian bestseller and winner of the 2016 Canadian Historical Association Aboriginal History Book Prize, Unsettling Canada is a landmark text built on a unique collaboration between two First Nations leaders. Arthur Manuel (1951–2017) was one of the most forceful advocates for Indigenous title and rights in Canada; Grand Chief Ron Derrickson, one of the most successful Indigenous businessmen in the country. Together, they bring a fresh perspective and bold new ideas to Canada’s most glaring piece of unfinished business: the place of Indigenous peoples within the country’s political and economic space. This vital second edition features a foreword by award-winning activist Naomi Klein and an all-new chapter co-authored by Law professor Nicole Schabus and Manuel’s daughter, Kanahus, honouring the multi-generational legacy of the Manuel family’s work.
Download or read book Land Titling and Indigenous Peoples written by Roger Plant and published by . This book was released on 2001 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Upstream written by Beth Rose Middleton Manning and published by University of Arizona Press. This book was released on 2018-10-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Mandan, Hidatsa, and Arikara lands in South Dakota; to Cherokee lands in Tennessee; to Sin-Aikst, Lakes, and Colville lands in Washington; to Chemehuevi lands in Arizona; to Maidu, Pit River, and Wintu lands in northern California, Native lands and communities have been treated as sacrifice zones for national priorities of irrigation, flood control, and hydroelectric development. Upstream documents the significance of the Allotment Era to a long and ongoing history of cultural and community disruption. It also details Indigenous resistance to both hydropower and disruptive conservation efforts. With a focus on northeastern California, this book highlights points of intervention to increase justice for Indigenous peoples in contemporary natural resource policy making. Author Beth Rose Middleton Manning relates the history behind the nation’s largest state-built water and power conveyance system, California’s State Water Project, with a focus on Indigenous resistance and activism. She illustrates how Indigenous history should inform contemporary conservation measures and reveals institutionalized injustices in natural resource planning and the persistent need for advocacy for Indigenous restitution and recognition. Upstream uses a multidisciplinary and multitemporal approach, weaving together compelling stories with a study of placemaking and land development. It offers a vision of policy reform that will lead to improved Indigenous futures at sites of Indigenous land and water divestiture around the nation.
Download or read book Property Rights Indigenous People and the Developing World written by David Lea and published by BRILL. This book was released on 2008 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
Download or read book The Land Within written by Pedro García Hierro and published by IWGIA. This book was released on 2005 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: By describing the fabric of relationships indigenous peoples weave with their environment, The Land Within attempts to define a more precise notion of indigenous territoriality. A large part of the work of titling the South American indigenous territories may now be completed but this book aims to demonstrate that, in addition to management, these territories involve many other complex aspects that must not be overlooked if the risk of losing these areas to settlers or extraction companies is to be avoided. Alexandre Surralls holds a doctorate in anthropology from the School for Higher Studies in Social Sciences and is a researcher on the staff of the National Centre for Scientific Research. Pedro Garca Hierro is a lawyer from Madrid Complutense University and the Pontifical Catholic University of Peru. He has worked with various indigenous organizations, on issues related to the identification and development of collective rights and the promotion of intercultural democratic reforms.
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 Limits to Decolonization written by Penelope Anthias and published by Cornell University Press. This book was released on 2018-03-15 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Penelope Anthias’s Limits to Decolonization addresses one of the most important issues in contemporary indigenous politics: struggles for territory. Based on the experience of thirty-six Guaraní communities in the Bolivian Chaco, Anthias reveals how two decades of indigenous mapping and land titling have failed to reverse a historical trajectory of indigenous dispossession in the Bolivian lowlands. Through an ethnographic account of the "limits" the Guaraní have encountered over the course of their territorial claim—from state boundaries to landowner opposition to hydrocarbon development—Anthias raises critical questions about the role of maps and land titles in indigenous struggles for self-determination. Anthias argues that these unresolved territorial claims are shaping the contours of an era of "post-neoliberal" politics in Bolivia. Limits to Decolonization reveals the surprising ways in which indigenous peoples are reframing their territorial projects in the context of this hydrocarbon state and drawing on their experiences of the limits of state recognition. The tensions of Bolivia’s "process of change" are revealed, as Limits to Decolonization rethinks current debates on cultural rights, resource politics, and Latin American leftist states. In sum, Anthias reveals the creative and pragmatic ways in which indigenous peoples contest and work within the limits of postcolonial rule in pursuit of their own visions of territorial autonomy.
Download or read book An Indigenous Peoples History of the United States 10th Anniversary Edition written by Roxanne Dunbar-Ortiz and published by Beacon Press. This book was released on 2023-10-03 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller Now part of the HBO docuseries "Exterminate All the Brutes," written and directed by Raoul Peck Recipient of the American Book Award The first history of the United States told from the perspective of indigenous peoples Today in the United States, there are more than five hundred federally recognized Indigenous nations comprising nearly three million people, descendants of the fifteen million Native people who once inhabited this land. The centuries-long genocidal program of the US settler-colonial regimen has largely been omitted from history. Now, for the first time, acclaimed historian and activist Roxanne Dunbar-Ortiz offers a history of the United States told from the perspective of Indigenous peoples and reveals how Native Americans, for centuries, actively resisted expansion of the US empire. With growing support for movements such as the campaign to abolish Columbus Day and replace it with Indigenous Peoples’ Day and the Dakota Access Pipeline protest led by the Standing Rock Sioux Tribe, An Indigenous Peoples’ History of the United States is an essential resource providing historical threads that are crucial for understanding the present. In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz adroitly challenges the founding myth of the United States and shows how policy against the Indigenous peoples was colonialist and designed to seize the territories of the original inhabitants, displacing or eliminating them. And as Dunbar-Ortiz reveals, this policy was praised in popular culture, through writers like James Fenimore Cooper and Walt Whitman, and in the highest offices of government and the military. Shockingly, as the genocidal policy reached its zenith under President Andrew Jackson, its ruthlessness was best articulated by US Army general Thomas S. Jesup, who, in 1836, wrote of the Seminoles: “The country can be rid of them only by exterminating them.” Spanning more than four hundred years, this classic bottom-up peoples’ history radically reframes US history and explodes the silences that have haunted our national narrative. An Indigenous Peoples' History of the United States is a 2015 PEN Oakland-Josephine Miles Award for Excellence in Literature.
Download or read book Indigenous Communities and Settler Colonialism written by Z. Laidlaw and published by Springer. This book was released on 2015-03-30 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new world created through Anglophone emigration in the 19th century has been much studied. But there have been few accounts of what this meant for the Indigenous populations. This book shows that Indigenous communities tenaciously held land in the midst of dispossession, whilst becoming interconnected through their struggles to do so.
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 Possessing the Pacific written by Stuart Banner and published by Harvard University Press. This book was released on 2009-06-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the nineteenth century, British and American settlers acquired a vast amount of land from indigenous people throughout the Pacific, but in no two places did they acquire it the same way. Stuart Banner tells the story of colonial settlement in Australia, New Zealand, Fiji, Tonga, Hawaii, California, Oregon, Washington, British Columbia, and Alaska. Today, indigenous people own much more land in some of these places than in others. And certain indigenous peoples benefit from treaty rights, while others do not. These variations are traceable to choices made more than a century ago--choices about whether indigenous people were the owners of their land and how that land was to be transferred to whites. Banner argues that these differences were not due to any deliberate land policy created in London or Washington. Rather, the decisions were made locally by settlers and colonial officials and were based on factors peculiar to each colony, such as whether the local indigenous people were agriculturalists and what level of political organization they had attained. These differences loom very large now, perhaps even larger than they did in the nineteenth century, because they continue to influence the course of litigation and political struggle between indigenous people and whites over claims to land and other resources. "Possessing the Pacific" is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world.
Download or read book Empire and the Making of Native Title written by Bain Attwood and published by Cambridge University Press. This book was released on 2020-07-16 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.
Download or read book I ve Been Here All the While written by Alaina E. Roberts and published by University of Pennsylvania Press. This book was released on 2021-03-12 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps no other symbol has more resonance in African American history than that of "40 acres and a mule"—the lost promise of Black reparations for slavery after the Civil War. In I've Been Here All the While, we meet the Black people who actually received this mythic 40 acres, the American settlers who coveted this land, and the Native Americans whose holdings it originated from. In nineteenth-century Indian Territory (modern-day Oklahoma), a story unfolds that ties African American and Native American history tightly together, revealing a western theatre of Civil War and Reconstruction, in which Cherokee, Choctaw, Chickasaw, Creek, and Seminole Indians, their Black slaves, and African Americans and whites from the eastern United States fought military and rhetorical battles to lay claim to land that had been taken from others. Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction. She connects debates about Black freedom and Native American citizenship to westward expansion onto Native land. As Black, white, and Native people constructed ideas of race, belonging, and national identity, this part of the West became, for a short time, the last place where Black people could escape Jim Crow, finding land and exercising political rights, until Oklahoma statehood in 1907.
Download or read book Creating Indigenous Property written by Angela Cameron and published by University of Toronto Press. This book was released on 2020-11-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.
Download or read book Conservation and Mobile Indigenous Peoples written by Dawn Chatty and published by Berghahn Books. This book was released on 2002 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wildlife conservation and other environmental protection projects can have tremendous impact on the lives and livelihoods of the often mobile, difficult-to-reach, and marginal peoples who inhabit the same territory. The contributors to this collection of case studies, social scientists as well as natural scientists, are concerned with this human element in biodiversity. They examine the interface between conservation and indigenous communities forced to move or to settle elsewhere in order to accommodate environmental policies and biodiversity concerns. The case studies investigate successful and not so successful community-managed, as well as local participatory, conservation projects in Africa, the Middle East, South and South Eastern Asia, Australia and Latin America. There are lessons to be learned from recent efforts in community managed conservation and this volume significantly contributes to that discussion.
