A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

Author: Catarina Woyames Dreher

Publisher: Springer Nature

Published: 2024-01-05

Total Pages: 268

ISBN-13: 3031505395

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This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.


A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

Author: Catarina Woyames Dreher

Publisher:

Published: 2024

Total Pages: 0

ISBN-13: 9783031505416

DOWNLOAD EBOOK

This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work's broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples' rights and the role of international law in the 21st century.


Land and Cultural Survival

Land and Cultural Survival

Author: Jayantha Perera

Publisher: Asian Development Bank

Published: 2009-09-01

Total Pages: 326

ISBN-13: 9292547135

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Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.


Making the Declaration Work

Making the Declaration Work

Author: Claire Charters

Publisher: International Work Group for Indigenous Affairs

Published: 2009

Total Pages: 404

ISBN-13:

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"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.


Climate Change and Indigenous Peoples in the United States

Climate Change and Indigenous Peoples in the United States

Author: Julie Koppel Maldonado

Publisher: Springer

Published: 2014-04-05

Total Pages: 178

ISBN-13: 3319052667

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With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.


To Purge the Forest by Force: Organized violence against Batwa in Kahuzi-Biega National Park

To Purge the Forest by Force: Organized violence against Batwa in Kahuzi-Biega National Park

Author: Robert Flummerfelt

Publisher: Minority Rights Group

Published: 2022-04-05

Total Pages: 92

ISBN-13: 1912938464

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The Kahuzi-Biega National Park in the Democratic Republic of the Congo, a protected area and UNESCO World Heritage site that has received funding and material support from the German and US governments among other international supporters, has long been celebrated as one of the most biodiverse places on the planet. However, park authorities there have engaged in a three-year program of violent forced expulsions targeting the original human inhabitants of the park—the indigenous Batwa of Kahuzi-Biega, who are among the most marginalized groups in the country. This report, To Purge the Forest by Force, documents the highly organized, grievous and widespread human rights abuses jointly carried out by park guards and Congolese Army soldiers against Batwa between 2019 and 2021. In October 2018, after four decades of broken promises of resettlement, reparations and justice from the Congolese government and other stakeholders, segments of Batwa communities returned to the park, rebuilding villages on their ancestral lands. Their return was met with swift and devastating violence by park authorities. The report presents evidence of park guards and soldiers conducting three large-scale operations between 2019-2021, targeting at least seven highly populated Batwa-inhabited villages inside the park, along with numerous smaller-scale evictions and acts of repression. Among other abuses, dozens of Batwa have been killed, injured, arbitrarily detained or subjected to violent group rape, in what amounts to a systematic campaign of violence designed to terrorize Batwa and drive them out of the park. These large-scale operations are illustrative flashpoints in the decades-long process of marginalization and brutalization visited upon Batwa in the name of conservation. Ongoing violence is rooted in the original expulsion from their ancestral homeland to pave the way for the creation of the park in the 1970s, forcing an already marginalized indigenous community into decades of grinding impoverishment, landlessness and displacement. The story of the Batwa of Kahuzi-Biega is not an isolated incident. Instead, it is emblematic of the widespread, systemic violence inherent in the rigidly colonial conservation model widely used in East and Central Africa, funded and facilitated by a network of international entities, with deadly consequences for indigenous peoples and local communities living in the vicinity of protected areas. The tragic events detailed in this report have been made possible by a culture of impunity that devalues indigenous life in service of a highly militarized approach inherent in the ‘fortress conservation’ model, excluding the land’s original inhabitants in violation of international law.


Beyond Intellectual Property

Beyond Intellectual Property

Author: Darrell Addison Posey

Publisher: IDRC

Published: 1996

Total Pages: 324

ISBN-13: 088936799X

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Cultural property, aboriginal people, ethnobiology, legal status, laws.


Indigenous Data Sovereignty

Indigenous Data Sovereignty

Author: Tahu Kukutai

Publisher: ANU Press

Published: 2016-11-14

Total Pages: 344

ISBN-13: 1760460311

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As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines


Indigenous Research

Indigenous Research

Author: Deborah McGregor

Publisher: Canadian Scholars’ Press

Published: 2018-08-15

Total Pages: 364

ISBN-13: 1773380850

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Indigenous research is an important and burgeoning field of study. With the Truth and Reconciliation Commission’s call for the Indigenization of higher education and growing interest within academic institutions, scholars are exploring research methodologies that are centred in or emerge from Indigenous worldviews, epistemologies, and ontology. This new edited collection moves beyond asking what Indigenous research is and examines how Indigenous approaches to research are carried out in practice. Contributors share their personal experiences of conducting Indigenous research within the academy in collaboration with their communities and with guidance from Elders and other traditional knowledge keepers. Their stories are linked to current discussions and debates, and their unique journeys reflect the diversity of Indigenous languages, knowledges, and approaches to inquiry. Indigenous Research: Theories, Practices, and Relationships is essential reading for students in Indigenous studies programs, as well as for those studying research methodology in education, health sociology, anthropology, and history. It offers vital and timely guidance on the use of Indigenous research methods as a movement toward reconciliation.