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 Law of the Land written by Henry Reynolds and published by . This book was released on 1992 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised edition of a ground-breaking study, first published in 1987, of the colonial authorities' attitudes to Aboriginal land ownership. Argues that the British government conceded land rights 150 years ago and that the British sovereignty did not imply ownership of the country. The author is a professor in history and politics at James Cook University whose other books include 'The Other Side of the Frontier'. This edition contains a postscript on the Mabo case, notes, an index and a bibliography.

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 Protests Land Rights and Riots written by Barry Morris and published by Berghahn Books. This book was released on 2015 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Morris deploys the incisive tools of anthropology to deconstruct the way neoliberal policies of the 1980s began to reverse the political gains Australian Aborigines had made in the 1970s...This work is of crucial relevance for thinking beyond the present neoliberal impasse." - Gillian Cowlishaw, Sydney University "Morris reveals the lie underpinning so much recent cant but more sets the situation of Aborigines in the context of larger global forces. This is a much overdue work that should contribute to new understanding and which breaks out of some of the enduring categories that continue to inhibit critical thought." - Bruce Kapferer, University of Bergen "Morris is not afraid to study systemic interrelationships; how history brings together structure and events in ways that might be unique but not random." - Andrew Lattas, University of Bergen The 1970s saw the Aboriginal people of Australia struggle for recognition of their postcolonial rights. Rural communities, where large Aboriginal populations lived, were provoked as a consequence of social fragmentation, unparalleled unemployment, and other major economic and political changes. The ensuing riots, protests, and law-and-order campaigns in New South Wales captured the tense relations that existed between indigenous people, the police, and the criminal justice system. In Protests, Land Rights, and Riots, Barry Morris shows how neoliberal policies in Australia targeted those who were least integrated socially and culturally, and who enjoyed fewer legitimate economic opportunities. Amidst intense political debate, struggle, and conflict, new forces were unleashed as a post-settler colonial state grappled with its past. Morris provides a social analysis of the ensuing effects of neoliberal policy and the way indigenous rights were subsequently undermined by this emerging new political orthodoxy in the 1990s. Barry Morris is the author of Domesticating Resistance, Race Matters and Expert Knowledge. He is a Senior Lecturer in Anthropology at the University of Newcastle.

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 Aboriginal Land Rights written by Nicolas Peterson and published by Australian Institute of Aboriginal and Torres Strait Island. This book was released on 1981 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains papers by N. Peterson, B. Egloff, R. Howie, C. Anderson, M. Mansell, B. Moore, P. Felton, G. McDonald, and C. Rowley; papers outline history of legislation pertaining to Aboriginal rights to land in all States of Australia; status and extent of Aboriginal land holdings outlined; includes paper on the work of the Aboriginal Land Fund Commission and annotated bibliography on Aboriginal land rights; paper by P. Felton (Ch.10) should be read in conjunction with MS 3186 (more detailed and correct text).

Download or read book The Aboriginal Tent Embassy written by Gary Foley and published by Routledge. This book was released on 2013-07-24 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet. ‘This book explores the context of this moment that captured the world’s attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action.’ (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney)

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 2008-06-30 with total page 306 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 Great Land Grab written by Michael Bachelard and published by . This book was released on 1997 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the facts of why the Wik and Mabo judgements of the High Court were so momentous, and why Labor passed the Native Title Act in response.

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 Aborigines Land and Land Rights written by Nicolas Peterson and published by Canberra : Australian Institute of Aboriginal Studies ; Atlantic Highlands, NJ : Sold and distributed in North and South America by Humanities Press. This book was released on 1983 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers by R. Layton, P. Memmott, R. Moyle, N.M. Williams, H. Morphy, N. Peterson, M. Brandl and M. Walsh, J. Stanton, K. Palmer, H. Dagmar, D.S. Trigger, J. Beckett, K. Maddock, B. Moore, C. Bourke, M. Rowell, G. Eames, D. Bell, B. Edwards, D. Vachon; and P. Toyne, P. Carroll, S. Kesteven, M. Langton, C. Hunt, have been annotated separately.

Download or read book Land Rights and Birthrights the Great Australian Hoax written by Peter B. English and published by Veritas Books (IE). This book was released on 1985 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criticizes use of Aboriginal identity as a means of gaining land rights; Traces constitutional, legislative and bureaucratic changes since 1967; References throughout to policies of Gordon Bryant, FCAATSI, NACC, DAA; Criticizes concept of Makarrata and Heritage Legislation.

Download or read book Your Land is Our Land written by Kenneth Maddock and published by Ringwood, Vic. ; Markham, Ont. : Penguin. This book was released on 1983 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical study - anthropological/legal aspects; why Aborigines were denied rights defining Aboriginal owners, indepth look into Northern Territory situation, land rights in South Australia, Victoria, Queensland, New South Wales, Western Australia; Australia a sacred site, should Aborigines have special rights.

Download or read book Finding Common Ground written by Frank Brennan and published by . This book was released on 1986 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes papers by F. Brennan,J. Egan, W. Daniel and J. Horner annotated separately; also letter of the Australian Catholic Bishops to Mr. Hawke, dated 20th May 1985.

Download or read book Recognizing Aboriginal Title written by Peter H. Russell and published by . This book was released on 2006 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius - a land of no one - when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject - a man who fought hard for his people and won.

Download or read book Coming to Terms written by Shaun Berg and published by Wakefield Press. This book was released on 2010 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coming to Terms challenges conventional thinking about Aboriginal title in South Australia. It does so by examining the legal consequences of provisions in the State's founding documents that reserve or protect Aboriginal rights to land.

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.