Download or read book Making Free Prior and Informed Consent a Reality written by Cathal Doyle and published by . This book was released on 2013 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Free Prior and Informed Consent written by Tehtena Mebratu-Tsegaye and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous and tribal peoples' right to free, prior and informed consent has transformative potential: potential to safeguard a variety of rights specific to indigenous and tribal peoples and potential to transform the power relations between peoples, governments, and extractives companies. Yet, this potential is far from being realized in the countries studied for this report. This gap between intention and reality is no coincidence.The most powerful entities within governments, when it comes to the fate of these issues, are those with the mandates to attract and develop the extractives sectors. It is these entities that are calling the shots on whether and how the state recognizes FPIC. They, in turn, appear to be driven in part by what they perceive to be the interests and preferences of extractives investors (which in the extreme version can resemble a capture dynamic). Within extractives companies, the most influential actors seem to be those whose interests are not well-aligned with the spirit of FPIC, further stacking the odds against recognition and operationalization of FPIC. Fears of projects being delayed, costs increasing or deals collapsing generate disincentives, which are not adequately counterbalanced by incentives for compliance from legal requirements or perceived benefits. As a result, prior consultation processes are being implemented in place of recognizing FPIC and operationalizing FPIC processes. Even these prior consultation processes are carried out in ways that diminish the potential for meaningful indigenous participation in decision-making, clearly skewed toward advancing the interests of powerful actors in government and the private sector. To the extent to which there are some occasional benefits being realized by those being consulted, these consultations tend to typically reflect male perspectives and lead to gendered outcomes.260 Thus, multiple layers of political realities converge to significantly limit the breadth and depth of efforts to advance FPIC and prior consultation processes.There is growing recognition in the broader development fields focusing on governance that politics matters. This report, and the project in which it is situated, was conceived to shed light on the ways that political realities impact the governance of extractive industries in order to offer practical insights, strategies, and tangible guidance for practitioners focused on addressing implementation gaps, which can be explained in no small part by political realities. This project highlights the importance of politics in the context of FPIC specifically, but some lessons drawn from the research are equally applicable to the field of extractives governance more broadly.
Download or read book The Reconciliation Manifesto written by Arthur Manuel and published by James Lorimer & Company. This book was released on 2017-10-06 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading Indigenous rights activist Arthur Manuel offers a radical challenge to Canada and Canadians. He questions virtually everything non-Indigenous Canadians believe about their relationship with Indigenous peoples. The Reconciliation Manifesto documents how governments are attempting to reconcile with Indigenous peoples without touching the basic colonial structures that dominate and distort the relationship. Manuel reviews the current state of land claims, tackles the persistence of racism among non-Indigenous people and institutions, decries the role of government-funded organizations like the Assembly of First Nations, and highlights the federal government's disregard for the substance of the United Nations Declaration on the Rights of Indigenous Peoples while claiming to implement it. Together, these circumstances amount to a false reconciliation between Indigenous people and Canada. Manuel sets out the steps that are needed to place this relationship on a healthy and honourable setting. As he explains, recovering the land and rebuilding the economy are key. Completed just months before Manuel's death in January 2017, this book offers an illuminating vision of what is needed for true reconciliation. Expressed with quiet but firm resolve, humour, and piercing intellect, The Reconciliation Manifesto is for both Indigenous and non-Indigenous people who are willing to look at the real problems and find real solutions.
Download or read book Indigenous Peoples Title to Territory Rights and Resources written by Cathal M. Doyle and published by Routledge. This book was released on 2014-11-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
Download or read book Making the Declaration Work written by Claire Charters and published by International Work Group for Indigenous Affairs. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
Download or read book Human Rights in the Extractive Industries written by Isabel Feichtner and published by Springer. This book was released on 2019-06-13 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.
Download or read book Handbook on Human Rights Impact Assessment written by Nora Götzmann and published by Edward Elgar Publishing. This book was released on 2019 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights impact assessment (HRIA) has increasingly gained traction among state, business and civil society actors since the endorsement of the United Nations Guiding Principles on Business and Human Rights by the Human Rights Council in 2011. This timely and insightful Handbook addresses HRIA in the context of business and human rights.
Download or read book Regulation of Extractive Industries written by Rachael Lorna Johnstone and published by Routledge. This book was released on 2020-02-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Teaching Business and Human Rights written by Anthony Ewing and published by Edward Elgar Publishing. This book was released on 2023-05-09 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business and human rights (BHR) is a rapidly developing field at the intersection of business, law, and public policy. Teaching Business and Human Rights is a practical guide and resource for the growing community of BHR teachers, students, and practitioners – from advocates and policymakers to business managers and investors. Chapter authors explain common BHR topics, suggest teaching approaches that work in the classroom, and identify helpful teaching resources. Chapters cover the building blocks of a BHR curriculum: foundational topics including corporate responsibility, human rights, and human rights due diligence; tools, such as legislation and litigation, to provide remedy and hold companies accountable for their human rights impacts; and the specific rights affected by businesses in different industries.
Download or read book Making a Difference written by Susanna Price and published by Berghahn Books. This book was released on 2015-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social assessment for projects in China is an important emerging field. This collection of essays — from authors whose formative work has influenced the policies that shape practice in development-affected communities — locates recent Chinese experience of the development of social assessment practices (including in displacement and resettlement) in a historical and comparative perspective. Contributors — social scientists employed by international development banks, national government agencies, and sub-contracting groups — examine projects from a practitioner’s perspective. Real-life experiences are presented as case-specific praxis, theoretically informed insight, and pragmatic lessons-learned, grounded in the history of this field of development practice. They reflect on work where economic determinism reigns supreme, yet project failure or success often hinges upon sociopolitical and cultural factors.
Download or read book Sharing the Costs and Benefits of Energy and Resource Activity written by Lila Barrera-Hernández and published by Oxford University Press. This book was released on 2016-03-31 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new phase is emerging in the relationship between energy and resource activities and the communities that are affected by them. Any energy or resource project - a mine, a wind farm, a dam for hydroelectricity, or a shale gas development - will involve a mix of impacts and benefits for communities. For many years, the law has mediated impacts on communities and provided for the distribution of financial benefits. Now, there is growing awareness of the need to consider not only a wider range of costs and benefits for communities from energy and resource projects, but also the effects on communities at multiple scales and in complex ways. Sharing the costs and benefits of natural resource activity has now become a legal requirement for energy and resource projects operating in many jurisdictions, particularly in developing countries. This book uses cases studies from across the globe to examine the emergence of such legal measures, their advantages and disadvantages, and the improvements that may be feasible in the legal frameworks used to distribute the costs and benefits of energy and resources activity. The book has three parts: Part I considers general legal and conceptual frameworks; Part II addresses the mechanisms available to distribute costs and benefits; and Part III considers the role of public engagement and participation in the sharing of the costs and benefits from energy and resource projects.
Download or read book Indigenous Peoples Consent and Rights written by Stephen Young and published by Routledge. This book was released on 2019-11-19 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.
Download or read book Research Handbook on Human Rights and Investment written by Yannick Radi and published by Edward Elgar Publishing. This book was released on 2018-12-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.
Download or read book Our Extractive Age written by Judith Shapiro and published by Routledge. This book was released on 2021-05-30 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Extractive Age: Expressions of Violence and Resistance emphasizes how the spectrum of violence associated with natural resource extraction permeates contemporary collective life. Chronicling the increasing rates of brutal suppression of local environmental and labor activists in rural and urban sites of extraction, this volume also foregrounds related violence in areas we might not expect, such as infrastructural developments, protected areas for nature conservation, and even geoengineering in the name of carbon mitigation. Contributors argue that extractive violence is not an accident or side effect, but rather a core logic of the 21st Century planetary experience. Acknowledgement is made not only of the visible violence involved in the securitization of extractive enclaves, but also of the symbolic and structural violence that the governance, economics, and governmentality of extraction have produced. Extractive violence is shown not only to be a spectacular event, but an extended dynamic that can be silent, invisible, and gradual. The volume also recognizes that much of the new violence of extraction has become cloaked in the discourse of "green development," "green building," and efforts to mitigate the planetary environmental crisis through totalizing technologies. Ironically, green technologies and other contemporary efforts to tackle environmental ills often themselves depend on the continuance of social exploitation and the contaminating practices of non-renewable extraction. But as this volume shows, resistance is also as multi-scalar and heterogeneous as the violence it inspires. The book is essential reading for activists and for students and scholars of environmental politics, natural resource management, political ecology, sustainable development, and globalization.
Download or read book Shared Reality written by E. Tory Higgins and published by Oxford University Press. This book was released on 2019-06-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be human? Why do we feel and behave in the ways that we do? The classic answer is that we have a special kind of intelligence. But to understand what we are as humans, we also need to know what we are like motivationally. And what is central to this story, what is special about human motivation, is that humans want to share with others their inner experiences about the world--share how they feel, what they believe, and what they want to happen in the future. They want to create a shared reality with others. People have a shared reality together when they experience having in common a feeling about something, a belief about something, or a concern about something. They feel connected to another person or group by knowing that this person or group sees the world the same way that they do--they share what is real about the world. In this work, Dr. Higgins describes how our human motivation for shared reality evolved in our species, and how it develops in our children as shared feelings, shared practices, and shared goals and roles. Shared reality is crucial to what we believe--sharing is believing. It is central to our sense of self, what we strive for and how we strive. It is basic to how we get along with others. It brings us together in fellowship and companionship, but it also tears us apart by creating in-group "bubbles" that conflict with one another. Our shared realities are the best of us, and the worst of us.
Download or read book The Business and Human Rights Landscape written by Jena Martin and published by Cambridge University Press. This book was released on 2016 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book offering a comprehensive historical and contemporary analysis of the emerging business and human rights field.
