The Arakmbut are an indigenous people in the southeastern Peruvian rain forest who have survived with their culture intact despite encounters with missionaries since the 1950s and a gold rush into their territory over the past 15 years. This final volume of the series looks at the growing consciousness among the Arakmbut of their own rights and the growing development of indigenous rights internationally, and describes the importance of the invisible spirit world in the Arakmbut legal system. Annotation copyrighted by Book News, Inc., Portland, OR
Authored as a result of a remarkable collaboration between indigenous people's own leaders, other social activists and scholars from a wide range of disciplines, this volume explores what is happening today to indigenous peoples as they are enmeshed, almost inevitably, in the remorseless expansion of the modern economy and development, at the behest of the pressures of the market-place and government. It is particularly timely, given the rise in criticism of free market capitalism generally, as well as of development. The volume seeks to capture the complex, power-laden, often contradictory features of indigenous agency and relationships. It shows how peoples do not just resist or react to the pressures of market and state, but also initiate and sustain "life projects" of their own which embody local history and incorporate plans to improve their social and economic ways of living.
Indigenous peoples are an intrinsic part of countries like Australia, New Zealand, Canada, Finland, USA, India, Russia and almost all parts of South America and Africa. A considerable amount of research has been done during the twentieth century mainly by anthropologists, sociologists and linguists in order to describe, and document their traditional life style for the protection and safeguarding of their established knowledge, skills, languages and beliefs. These communities are engaging and adapting rapidly to the changing circumstances partly caused by post modernisation and the process of globalization. These have led them to aspire to better living standards, as well as preserving their uniqueness, approaches to environment, close proximity to social structures and communities. For at least the last two decades, patterns of increased economic activity by indigenous peoples in many countries have been viewed to be significantly on the rise. Indigenous People and Economic Development reveals some of the characteristics of this economic activity, 'coloured' by the unique regard and philosophy of life that indigenous people around the world have. The successes, difficulties and obstacles to economic development, their solutions and innovative practices in business - all of these elements, based on research findings, are discussed in this book and offer an inside view of the dynamics of the indigenous societies which are evolving in a globalised and highly interconnected contemporary world.
From sun-baked Black Mesa to the icy coast of Labrador, native lands for decades have endured mining ventures that have only lately been subject to environmental laws and a recognition of treaty rights. Yet conflicts surrounding mining development and indigenous peoples continue to challenge policy-makers. This book gets to the heart of resource conflicts and environmental impact assessment by asking why indigenous communities support environmental causes in some cases of mining development but not in others. Saleem Ali examines environmental conflicts between mining companies and indigenous communities and with rare objectivity offers a comparative study of the factors leading to those conflicts. Mining, the Environment, and Indigenous Development Conflicts presents four cases from the United States and Canada: the Navajos and Hopis with Peabody Coal in Arizona; the Chippewas with the Crandon Mine proposal in Wisconsin; the Chipewyan Inuits, Déné and Cree with Cameco in Saskatchewan; and the Innu and Inuits with Inco in Labrador. These cases exemplify different historical relationships with government and industry and provide an instance of high and low levels of Native resistance in each country. Through these cases, Ali analyzes why and under what circumstances tribes agree to negotiated mining agreements on their lands, and why some negotiations are successful and others not. Ali challenges conventional theories of conflict based on economic or environmental cost-benefit analysis, which do not fully capture the dynamics of resistance. He proposes that the underlying issue has less to do with environmental concerns than with sovereignty, which often complicates relationships between tribes and environmental organizations. Activist groups, he observes, fail to understand such tribal concerns and often have problems working with tribes on issues where they may presume a common environmental interest. This book goes beyond popular perceptions of environmentalism to provide a detailed picture of how and when the concerns of industry, society, and tribal governments may converge and when they conflict. As demands for domestic energy exploration increase, it offers clear guidance for such endeavors when native lands are involved.
Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences. Conceiving indigenous rights as cultural rights, Engle argues, has largely displaced or deferred many of the economic and political issues that initially motivated much indigenous advocacy. She contends that by asserting static, essentialized notions of indigenous culture, indigenous rights advocates have often made concessions that threaten to exclude many claimants, force others into norms of cultural cohesion, and limit indigenous economic, political, and territorial autonomy. Engle explores one use of the right to culture outside the context of indigenous rights, through a discussion of a 1993 Colombian law granting collective land title to certain Afro-descendant communities. Following the aspirations for and disappointments in this law, Engle cautions advocates for marginalized communities against learning the wrong lessons from the recent struggles of indigenous peoples at the international level.
The Sami have lived for time immemorial in an area that today extends across the Kola Peninsula in Russia, northern Finland, northern Norway's coast and inland, and the northern half of Sweden. The Sami play an important role in these northern economies thanks to their use of land, their involvement in reindeer husbandry, agriculture/farming and food production, and connection with the region's tourism industry. However, in Sweden, as in the other states where the Sami live, the connections with regional development are often inconsistent and weak, and could do more to support the preservation and promotion of Sami culture and create new employment and business opportunities. This study, together with the OECD's broader thematic work on this topic, provides actionable recommendations on how to better include the Sami and other Indigenous Peoples in regional development strategies, learning from and incorporating their own perspectives on sustainable development in the process.
The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.
This chapter is focused on the challenges and implications of Articles 20(1), 21, 22, 24, and 44 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP; the Declaration). These provisions are centered on: the economic, social, and cultural (ESC) rights of indigenous peoples, (with a particular focus on the right to health); their right to development; the rights of those indigenous individuals and groups who are particularly vulnerable, including women and children, and again with a particular focus on women's rights to be free from violence. The provisions highlight the evolving place of indigenous rights within the overall framework of international law and international human rights. The chapter begins, in Part IA, by providing a short summary of the content of the principles. Part IB identifies the relevance and importance of the Articles, drawing attention to the legal and policy framework within which their legal and broader political meaning must be understood. This context includes the longstanding issues of poverty and marginalization that remain entrenched in many indigenous communities, and the emerging architecture of international poverty law that is recently developing through more robust understandings of the intersections between economic, social and cultural rights, the right to development, and the rights of specific vulnerable groups. This architecture includes relevant provisions of the Sustainable Development Goals (SDGs; previously known as the Millennium Development Goals, or MDGs) which were adopted by the UN General Assembly in September 2015. Part II then analyses the pre-existing legal standards on economic social and cultural rights, the right to development, and rights for vulnerable groups. We then turn, in Part III, to the drafting history of the UNDRIP provisions discussed here, in order to illuminate better the meaning of the final provisions. Part IV returns to the final text of the provisions, and, proceeding issue by issue, outlines their position within, or contribution to, the legal landscape on indigenous and human rights. Finally, Part V concludes the chapter's analysis.
This publication aims to assist the United Nations system to mainstream and integrate indigenous peoples' issues in processes for operational activities and programmes at the country level. It sets out the broad normative, policy and operational framework for implementing a human rights-based and culturally sensitive approach to development for and with indigenous peoples, provide lines of action for planning, implementation and evaluation of programmes involving indigenous peoples and duly integrating the principles of cultural diversity into United Nations country programmes. It 1) provides an overview of the situation of indigenous peoples and the existing international norms and standards adopted to ensure the realization of their rights and resolve some of the crucial issues that they face; 2) presents a practical table and checklist of key issues and related rights; and 3) discusses specific programmatic implications for UNCTs for addressing and mainstreaming indigenous peoples' issues.
