Indigenous Peoples' Cultural Heritage

Indigenous Peoples' Cultural Heritage

Author: Alexandra Xanthaki

Publisher: BRILL

Published: 2017-10-17

Total Pages: 359

ISBN-13: 9004342192

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Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.


World Heritage Sites and Indigenous Peoples' Rights

World Heritage Sites and Indigenous Peoples' Rights

Author: Stefan Disko

Publisher: International Work Group for Indigenous Affairs

Published: 2014

Total Pages: 580

ISBN-13:

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This book includes twenty case studies of World Heritage sites from around the world that explore, from a human rights perspective, indigenous peoples' experiences with World Heritage sites and with the processes of the World Heritage Convention. The book will serve as a resource for indigenous peoples, World Heritage site managers, and UNESCO, as well as academics, and it will contribute to discussions about what changes or actions are needed to ensure that World Heritage sites can play a consistently positive role for indigenous peoples, in line with the spirit of the United Nations Declaration on the Rights of Indigenous Peoples.


Indigenous Cultural Heritage and Intellectual Property Rights

Indigenous Cultural Heritage and Intellectual Property Rights

Author: Jessica Christine Lai

Publisher: Springer Science & Business Media

Published: 2014-01-08

Total Pages: 342

ISBN-13: 331902955X

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Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.


Scales of Governance and Indigenous Peoples' Rights

Scales of Governance and Indigenous Peoples' Rights

Author: Irene Bellier

Publisher: Routledge

Published: 2019-10-08

Total Pages: 295

ISBN-13: 1317371496

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This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales. The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular, the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national, and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? Are the categories and processes associated with Indigenous Peoples simply an extension of colonial categories and processes, or do they challenge existing norms and structures? This collection draws together the works of anthropologists, political scientists, and legal scholars to address such questions. Examining the legal, historical, political, economic, and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national, and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights. The book will be of interest to social scientists and legal scholars studying Indigenous Peoples’ rights, and international human rights movements in general.


Protecting Indigenous Knowledge and Heritage

Protecting Indigenous Knowledge and Heritage

Author: Marie Battiste

Publisher: UBC Press

Published: 2000-04-01

Total Pages: 329

ISBN-13: 1895830575

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Whether in Canada, the United States, Australia, India, Peru, or Russia, the approximately 500 million Indigenous Peoples in the world have faced a similar fate at the hands of colonizing powers. Assaults on language and culture, commercialization of art, and use of plant knowledge in the development of medicine have taken place all without consent, acknowledgement, or benefit to these Indigenous groups worldwide. Battiste and Henderson passionately detail the devastation these assaults have wrought on Indigenous peoples, why current legal regimes are inadequate to protect Indigenous knowledge, and put forward ideas for reform. Looking at the issues from an international perspective, this book explores developments in various countries including Canada, the United States, Australia, New Zealand, and also the work of the United Nations and relevant international agreements.


Ask First

Ask First

Author: Australian Government - Department of the Environment & Heritage - Environment Australia

Publisher:

Published: 2002

Total Pages: 22

ISBN-13: 9780642548429

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Guidelines include purpose of indigenous heritage conservation and the consultation and negotiation process. Includes indigenous management checklist.


Indigenous Heritage and Self-determination

Indigenous Heritage and Self-determination

Author: Tony Simpson

Publisher: IWGIA

Published: 1997

Total Pages: 236

ISBN-13: 9788798411031

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The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.


The Inherent Rights of Indigenous Peoples in International Law

The Inherent Rights of Indigenous Peoples in International Law

Author: Antonietta Di Blase

Publisher: Roma TrE-Press

Published: 2020-02-24

Total Pages: 331

ISBN-13: 8832136929

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This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0


Heritage Destruction, Human Rights and International Law

Heritage Destruction, Human Rights and International Law

Author: Amy Strecker

Publisher: BRILL

Published: 2023-07-24

Total Pages: 520

ISBN-13: 9004434011

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This book brings together prominent scholars in the fields of international cultural heritage law and heritage studies to scrutinise the various branches of international law and governance dealing with heritage destruction from human rights perspectives, both in times of armed conflict as well as in peace. Importantly, it also examines cases of heritage destruction that may not be intentional, but rather the consequence of large-scale infrastructural development or resource extraction. Chapters deal with high profile cases from Europe, North Africa, The Middle East, Latin America and the Caribbean, with a substantial afterword on heritage destruction in Ukraine.


World Heritage and Human Rights

World Heritage and Human Rights

Author: Peter Bille Larsen

Publisher: Routledge

Published: 2017-11-20

Total Pages: 308

ISBN-13: 1315402769

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The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.