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Aboriginal Rights Are Not Human Rights
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Book Synopsis Aboriginal Rights are Not Human Rights by : Peter Keith Kulchyski
Download or read book Aboriginal Rights are Not Human Rights written by Peter Keith Kulchyski and published by Arp Books. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An historical overview of aboriginal and treaty rights in Canada with suggestions on ways to transform current policies to better support and invigorate indigenous culters.
Book Synopsis Trapped by History by : Darryl Cronin
Download or read book Trapped by History written by Darryl Cronin and published by Rowman & Littlefield. This book was released on 2021-04-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.
Book Synopsis Indigenous Peoples in International Law by : S. James Anaya
Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by . This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 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.
Book Synopsis Cultural Competence and the Higher Education Sector by : Jack Frawley
Download or read book Cultural Competence and the Higher Education Sector written by Jack Frawley and published by Springer Nature. This book was released on 2020-06-09 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores cultural competence in the higher education sector from multi-disciplinary and inter-disciplinary perspectives. It addresses cultural competence in terms of leadership and the role of the higher education sector in cultural competence policy and practice. Drawing on lessons learned, current research and emerging evidence, the book examines various innovative approaches and strategies that incorporate Indigenous knowledge and practices into the development and implementation of cultural competence, and considers the most effective approaches for supporting cultural competence in the higher education sector. This book will appeal to researchers, scholars, policy-makers, practitioners and general readers interested in cultural competence policy and practice.
Book Synopsis Realizing the UN Declaration on the Rights of Indigenous Peoples by : Jackie Hartley
Download or read book Realizing the UN Declaration on the Rights of Indigenous Peoples written by Jackie Hartley and published by UBC Press. This book was released on 2010-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopted 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.
Book Synopsis Like the Sound of a Drum by : Peter Kulchyski
Download or read book Like the Sound of a Drum written by Peter Kulchyski and published by Univ. of Manitoba Press. This book was released on 2005 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part ethnography, part narrative, Like the Sound of a Drum is evocative, confrontational, and poetic. For many years, Peter Kulchyski has travelled to the north, where he has sat in on community meetings, interviewed elders and Aboriginal politicians, and participated in daily life. In Like the Sound of a Drum he looks as three northern communities -- Fort Simpson and Fort Good Hope in Denendeh and Pangnirtung in Nunavut -- and their strategies for maintaining their political and cultural independence. In the face of overwhelming odds, communities such as these have shown remarkable resources for creative resistance. In the process, they are changing the concept of democracy as it is practised in Canada.
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.
Book Synopsis Indigenous Rights in the Age of the UN Declaration by : Elvira Pulitano
Download or read book Indigenous Rights in the Age of the UN Declaration written by Elvira Pulitano and published by Cambridge University Press. This book was released on 2012-05-24 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elvira Pulitano examines the relevance of international law in advancing indigenous peoples' struggles for self-determination and cultural flourishing.
Download or read book Aboriginal Title written by P. G. McHugh and published by OUP Oxford. This book was released on 2011-08-18 with total page 1529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.
Book Synopsis Aboriginal Rights are Not Human Rights by : Peter Keith Kulchyski
Download or read book Aboriginal Rights are Not Human Rights written by Peter Keith Kulchyski and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The UN Declaration on the Rights of Indigenous Peoples by : Jessie Hohmann
Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Jessie Hohmann and published by Oxford University Press. This book was released on 2018 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--
Book Synopsis Aboriginal Law Handbook by : Shin Imai
Download or read book Aboriginal Law Handbook written by Shin Imai and published by Scarborough, Ont. : Carswell. This book was released on 1993 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Indigeneity: A Politics of Potential by : Dominic O'Sullivan
Download or read book Indigeneity: A Politics of Potential written by Dominic O'Sullivan and published by Policy Press. This book was released on 2017-06-07 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.
Book Synopsis Property Rights, Indigenous People and the Developing World by : David Lea
Download or read book Property Rights, Indigenous People and the Developing World written by David Lea and published by BRILL. This book was released on 2008 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
Book Synopsis Achieving Social Justice by : Larissa Behrendt
Download or read book Achieving Social Justice written by Larissa Behrendt and published by Federation Press. This book was released on 2003 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work argues that a broad Indigenous rights framework is crucial to achieving positive change in the socio-economic disadvantage into which Indigenous Australians are born. It explains why addressing problems in Indigenous communities at a practical level needs to be done in conjunction with rights protection.
Book Synopsis Our Greatest Challenge by : Hannah McGlade
Download or read book Our Greatest Challenge written by Hannah McGlade and published by Aboriginal Studies Press. This book was released on 2012 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hannah McGlade's book bravely addresses the complex and fraught issue of Aboriginal child abuse. She argues that Aboriginal child sexual assault has been formed within the entrenched societal forces of racism, colonisation and patriarchy, yet cast in the Australian public domain as an Aboriginal 'problem', with controversial government responses critiqued as racist and paternalistic. McGlade highlights that non-Aboriginal society has yet to acknowledge the traumatic impacts of the sexual assault on Aboriginal children which was part and parcel of the European project of 'civilisation'. She provides detailed analysis of the legal systems response. While child sexual assault is a criminal offence, the Aboriginal experience of the law is tainted. Despite reforms to the law, the courtroom experience is based on re-victimisation and trauma which prevents the fundamental principle of equality before the law. McGlade believes that we should be guided by Indigenous human rights concepts and international Indigenous responses in addressing the problem. In doing so she believes that we can help to stem the harm to future generations.
Book Synopsis The Concept of Cultural Genocide by : Elisa Novic
Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
