A Legal Assessment Of The Efficacy Of Consultation With Indigenous Peoples

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A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

Author : Catarina Woyames Dreher
Publisher :
ISBN 13 : 9783031505416
Total Pages : 0 pages
Book Rating : 4.5/5 (54 download)

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Book Synopsis A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples by : Catarina Woyames Dreher

Download or read book A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples written by Catarina Woyames Dreher and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Catarina Woyames Dreher
Publisher : Springer Nature
ISBN 13 : 3031505395
Total Pages : 268 pages
Book Rating : 4.0/5 (315 download)

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Book Synopsis A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples by : Catarina Woyames Dreher

Download or read book A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples written by Catarina Woyames Dreher and published by Springer Nature. This book was released on 2024-01-05 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Peoples’ Rights in Constitutions Assessment Tool

Author : Amanda Cats-Baril
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
ISBN 13 : 9176713245
Total Pages : 228 pages
Book Rating : 4.1/5 (767 download)

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Book Synopsis Indigenous Peoples’ Rights in Constitutions Assessment Tool by : Amanda Cats-Baril

Download or read book Indigenous Peoples’ Rights in Constitutions Assessment Tool written by Amanda Cats-Baril and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2020-08-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.

State of the World's Indigenous Peoples

Author : United Nations Department of Economic and Social Affairs
Publisher : United Nations
ISBN 13 : 9210548434
Total Pages : 250 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis State of the World's Indigenous Peoples by : United Nations Department of Economic and Social Affairs

Download or read book State of the World's Indigenous Peoples written by United Nations Department of Economic and Social Affairs and published by United Nations. This book was released on 2011-05-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.

Linking the Indigenous Sami People with Regional Development in Sweden

Author : Organisation for Economic Co-operation and Development
Publisher :
ISBN 13 : 9789264310568
Total Pages : 160 pages
Book Rating : 4.3/5 (15 download)

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Book Synopsis Linking the Indigenous Sami People with Regional Development in Sweden by : Organisation for Economic Co-operation and Development

Download or read book Linking the Indigenous Sami People with Regional Development in Sweden written by Organisation for Economic Co-operation and Development and published by . This book was released on 2019 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Making the Declaration Work

Author : Claire Charters
Publisher : International Work Group for Indigenous Affairs
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Making the Declaration Work by : Claire Charters

Download or read book Making the Declaration Work written by Claire Charters and published by International Work Group for Indigenous Affairs. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

A Situação das Pessoas Negras com Deficiência no Brasil

Author :
Publisher : Minority Rights Group
ISBN 13 : 1912938456
Total Pages : 92 pages
Book Rating : 4.9/5 (129 download)

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Book Synopsis A Situação das Pessoas Negras com Deficiência no Brasil by :

Download or read book A Situação das Pessoas Negras com Deficiência no Brasil written by and published by Minority Rights Group. This book was released on 2022-04-05 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264167943
Total Pages : 344 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development by : OECD

Download or read book OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development written by OECD and published by OECD Publishing. This book was released on 2019-07-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 38 million Indigenous peoples living across 13 OECD countries contribute to stronger regional and national economies, and have unique assets and knowledge that address global challenges such as climate change.

Climate Change and Indigenous Peoples in the United States

Author : Julie Koppel Maldonado
Publisher : Springer
ISBN 13 : 3319052667
Total Pages : 174 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Climate Change and Indigenous Peoples in the United States by : Julie Koppel Maldonado

Download or read book Climate Change and Indigenous Peoples in the United States written by Julie Koppel Maldonado and published by Springer. This book was released on 2014-04-05 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Data Sovereignty

Author : Tahu Kukutai
Publisher : ANU Press
ISBN 13 : 1760460311
Total Pages : 344 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Indigenous Data Sovereignty by : Tahu Kukutai

Download or read book Indigenous Data Sovereignty written by Tahu Kukutai and published by ANU Press. This book was released on 2016-11-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Beyond Intellectual Property

Author : Darrell Addison Posey
Publisher : IDRC
ISBN 13 : 088936799X
Total Pages : 324 pages
Book Rating : 4.8/5 (893 download)

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Book Synopsis Beyond Intellectual Property by : Darrell Addison Posey

Download or read book Beyond Intellectual Property written by Darrell Addison Posey and published by IDRC. This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural property, aboriginal people, ethnobiology, legal status, laws.

OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development in Canada

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264581448
Total Pages : 400 pages
Book Rating : 4.2/5 (645 download)

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Book Synopsis OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development in Canada by : OECD

Download or read book OECD Rural Policy Reviews Linking Indigenous Communities with Regional Development in Canada written by OECD and published by OECD Publishing. This book was released on 2020-01-21 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada’s Constitution Act (1982) recognises three Indigenous groups: Indians (now referred to as First Nations), Inuit, and Métis. Indigenous peoples make a vital contribution to the culture, heritage and economic development of Canada. Despite improvements in Indigenous well-being in recent decades, significant gaps remain with the non-Indigenous population. This study focuses on four priority issues to maximise the potential of Indigenous economies in Canada.

‘We Are All Here to Stay’

Author : Dominic O’Sullivan
Publisher : ANU Press
ISBN 13 : 1760463957
Total Pages : 270 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis ‘We Are All Here to Stay’ by : Dominic O’Sullivan

Download or read book ‘We Are All Here to Stay’ written by Dominic O’Sullivan and published by ANU Press. This book was released on 2020-09-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, 144 UN member states voted to adopt a Declaration on the Rights of Indigenous Peoples. Australia, Canada, New Zealand and the US were the only members to vote against it. Each eventually changed its position. This book explains why and examines what the Declaration could mean for sovereignty, citizenship and democracy in liberal societies such as these. It takes Canadian Chief Justice Lamer’s remark that ‘we are all here to stay’ to mean that indigenous peoples are ‘here to stay’ as indigenous. The book examines indigenous and state critiques of the Declaration but argues that, ultimately, it is an instrument of significant transformative potential showing how state sovereignty need not be a power that is exercised over and above indigenous peoples. Nor is it reasonably a power that displaces indigenous nations’ authority over their own affairs. The Declaration shows how and why, and this book argues that in doing so, it supports more inclusive ways of thinking about how citizenship and democracy may work better. The book draws on the Declaration to imagine what non-colonial political relationships could look like in liberal societies.

Land and Cultural Survival

Author : Jayantha Perera
Publisher : Asian Development Bank
ISBN 13 : 9292547135
Total Pages : 342 pages
Book Rating : 4.2/5 (925 download)

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Book Synopsis Land and Cultural Survival by : Jayantha Perera

Download or read book Land and Cultural Survival written by Jayantha Perera and published by Asian Development Bank. This book was released on 2009-09-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Courting Gender Justice

Author : Lisa McIntosh Sundstrom
Publisher : Oxford University Press
ISBN 13 : 0190932848
Total Pages : 352 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Courting Gender Justice by : Lisa McIntosh Sundstrom

Download or read book Courting Gender Justice written by Lisa McIntosh Sundstrom and published by Oxford University Press. This book was released on 2019-02-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.

Minding Culture

Author : Terri Janke
Publisher : WIPO
ISBN 13 : 9280511890
Total Pages : 172 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Minding Culture by : Terri Janke

Download or read book Minding Culture written by Terri Janke and published by WIPO. This book was released on 2003 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eight case-studies undertaken in Australia, entitled "Minding Culture: Case-Studies on Intellectual Property and Traditional Cultural Expressions" were selected, prepared, researched and written by Ms. Terri Janke, an Australian lawyer. The studies have been incorported together in WIPO/GRTKF/STUDY/2.

Documenting Traditional Knowledge – A Toolkit

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280528831
Total Pages : 40 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Documenting Traditional Knowledge – A Toolkit by : World Intellectual Property Organization

Download or read book Documenting Traditional Knowledge – A Toolkit written by World Intellectual Property Organization and published by WIPO. This book was released on 2017-12-08 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing interest in documenting the wealth of traditional knowledge (TK) that has been developed by indigenous peoples and local communities around the world. But documenting TK can raise important issues, especially as regards intellectual property. This Toolkit presents a range of easy-to-use checklists and other resources to help ensure that anyone considering a documentation project can address those issues effectively.