Aboriginal Rights are Not Human Rights
Author: Peter Keith Kulchyski
Publisher:
Published: 2013
Total Pages: 0
ISBN-13:
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Author: Peter Keith Kulchyski
Publisher:
Published: 2013
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKAuthor: Peter Keith Kulchyski
Publisher: Arp Books
Published: 2013
Total Pages: 0
ISBN-13: 9781894037761
DOWNLOAD EBOOKAn historical overview of aboriginal and treaty rights in Canada with suggestions on ways to transform current policies to better support and invigorate indigenous culters.
Author: Brendan Tobin
Publisher: Routledge
Published: 2014-08-27
Total Pages: 361
ISBN-13: 1317697537
DOWNLOAD EBOOKThis highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Author: Darryl Cronin
Publisher: Rowman & Littlefield
Published: 2021-04-15
Total Pages: 281
ISBN-13: 1786611465
DOWNLOAD EBOOKThe Australian nation has reached an impasse in Indigenous policy and practice and fresh strategies and perspectives are required. Trapped by History highlights a fundamental issue that the Australian nation must confront to develop a genuine relationship with Indigenous Australians. The existing relationship between Indigenous people and the Australian state was constructed on the myth of an empty land – terra nullius. Interactions with Indigenous people have been constrained by eighteenth-century assumptions and beliefs that Indigenous people did not have organised societies, had neither land ownership nor a recognisable form of sovereignty, and that they were ‘savage’ but could be ‘civilized’ through the erasure of their culture. These incorrect assumptions and beliefs are the foundation of the legal, constitutional and political treatment of Indigenous Australians over the course of the country’s history. They remain ingrained in governmental institutions, Indigenous policy making, judicial decision making and contemporary public attitudes about Indigenous people. Trapped by History shines new light upon historical and contemporary examples where Indigenous people have attempted to engage and dialogue with state and federal governments. These governments have responded by trying to suppress and discredit Indigenous rights, culture and identities and impose assimilationist policies. In doing so they have rejected or ignored Indigenous attempts at dialogue and partnership. Other settler countries such as New Zealand, Canada and the United States of America have all negotiated treaties with Indigenous people and have developed constitutional ways of engaging cross culturally. In Australia, the limited recognition that Indigenous people have achieved to date shows that the state is unable to resolve long standing issues with Indigenous people. Movement beyond the current colonial relationship with Indigenous Australians requires a genuine dialogue to not only examine the legal and intellectual framework that constrains Indigenous recognition but to create new foundations for a renewed relationship based on intercultural negotiation, mutual respect, sharing and mutual responsibility. This must involve building a shared understanding around addressing past injustices and creating a shared vision for how Indigenous people and other Australians will associate politically in the future.
Author: Joyce Audry Green
Publisher:
Published: 2014
Total Pages: 247
ISBN-13: 9781552666838
DOWNLOAD EBOOKDrawing on a wealth of experience and blending critical theoretical frameworks and a close knowledge of domestic and international law on human rights, the authors in this collection show that settler states such as Canada persist in violating and failing to acknowledge Indigenous human rights.
Author: S. James Anaya
Publisher: Oxford University Press, USA
Published: 2004
Total Pages: 414
ISBN-13: 9780195173505
DOWNLOAD EBOOKIn this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Author: Jackie Hartley
Publisher: UBC Press
Published: 2010-05-01
Total Pages: 290
ISBN-13: 1895830567
DOWNLOAD EBOOKAdopted by the UN General Assembly on 13 September 2007, the United Nations Declaration on the Rights of Indigenous Peoples affirms the “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” The Declaration responds to past and ongoing injustices suffered by Indigenous peoples worldwide, and provides a strong foundation for the full recognition of the inherent rights of Indigenous peoples. Despite this, Canada was one of the few countries to oppose the Declaration. With essays from Indigenous leaders, legal scholars and practitioners, state representatives, and representatives from NGOs, contributors discuss the creation of the Declaration and how it can be used to advance human rights internationally.
Author: Elvira Pulitano
Publisher: Cambridge University Press
Published: 2012-05-24
Total Pages: 369
ISBN-13: 1107022444
DOWNLOAD EBOOKElvira Pulitano examines the relevance of international law in advancing indigenous peoples' struggles for self-determination and cultural flourishing.
Author: Dominic O'Sullivan
Publisher: Policy Press
Published: 2017-06-07
Total Pages: 216
ISBN-13: 1447339428
DOWNLOAD EBOOKThis book presents the first comprehensive use of political theory to explain indigenous politics, assessing the ways in which indigenous and liberal political theories interact in order to consider the practical policy implications of the indigenous right to self-determination. Dominic O'Sullivan here reveals indigeneity's concern for political relationships, agendas, and ideas beyond ethnic minorities' basic claim to liberal recognition, and he draws out the ways that indigeneity's local geopolitical focus, underpinned by global developments in law and political theory, can make it a movement of forward-looking, transformational politics.
Author: Claire Charters
Publisher: International Work Group for Indigenous Affairs
Published: 2009
Total Pages: 404
ISBN-13:
DOWNLOAD EBOOK"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.