Lands Territories And Indigenous Peoples Rights

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Indigenous Peoples' Land Rights under International Law

Author : Jérémie Gilbert
Publisher : BRILL
ISBN 13 : 9047431308
Total Pages : 352 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Indigenous Peoples' Land Rights under International Law by : Jérémie Gilbert

Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2007-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

The Land Within

Author : Pedro García Hierro
Publisher : IWGIA
ISBN 13 : 9788791563119
Total Pages : 288 pages
Book Rating : 4.5/5 (631 download)

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Book Synopsis The Land Within by : Pedro García Hierro

Download or read book The Land Within written by Pedro García Hierro and published by IWGIA. This book was released on 2005 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: By describing the fabric of relationships indigenous peoples weave with their environment, The Land Within attempts to define a more precise notion of indigenous territoriality. A large part of the work of titling the South American indigenous territories may now be completed but this book aims to demonstrate that, in addition to management, these territories involve many other complex aspects that must not be overlooked if the risk of losing these areas to settlers or extraction companies is to be avoided. Alexandre Surralls holds a doctorate in anthropology from the School for Higher Studies in Social Sciences and is a researcher on the staff of the National Centre for Scientific Research. Pedro Garca Hierro is a lawyer from Madrid Complutense University and the Pontifical Catholic University of Peru. He has worked with various indigenous organizations, on issues related to the identification and development of collective rights and the promotion of intercultural democratic reforms.

Indigenous Peoples in International Law

Author : S. James Anaya
Publisher :
ISBN 13 : 9780195173505
Total Pages : 414 pages
Book Rating : 4.1/5 (735 download)

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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.

Indigenous Peoples, Title to Territory, Rights and Resources

Author : Cathal M. Doyle
Publisher : Routledge
ISBN 13 : 1317703170
Total Pages : 417 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Indigenous Peoples, Title to Territory, Rights and Resources by : Cathal M. Doyle

Download or read book Indigenous Peoples, Title to Territory, Rights and Resources written by Cathal M. Doyle and published by Routledge. This book was released on 2014-11-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh

Author : Rajkumari Chandra Kalindi Roy
Publisher : IWGIA
ISBN 13 : 9788790730291
Total Pages : 236 pages
Book Rating : 4.7/5 (32 download)

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Book Synopsis Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh by : Rajkumari Chandra Kalindi Roy

Download or read book Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh written by Rajkumari Chandra Kalindi Roy and published by IWGIA. This book was released on 2000 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.

Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective

Author : Siu Lang Carrillo Yap
Publisher : Studies in International Minor
ISBN 13 : 9789004439382
Total Pages : 416 pages
Book Rating : 4.4/5 (393 download)

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Book Synopsis Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective by : Siu Lang Carrillo Yap

Download or read book Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective written by Siu Lang Carrillo Yap and published by Studies in International Minor. This book was released on 2022 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and natural sciences.

Indigenous Peoples, National Parks, and Protected Areas

Author : Stan Stevens
Publisher : University of Arizona Press
ISBN 13 : 0816530912
Total Pages : 393 pages
Book Rating : 4.8/5 (165 download)

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Book Synopsis Indigenous Peoples, National Parks, and Protected Areas by : Stan Stevens

Download or read book Indigenous Peoples, National Parks, and Protected Areas written by Stan Stevens and published by University of Arizona Press. This book was released on 2014-09-18 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This passionate, well-researched book makes a compelling case for a paradigm shift in conservation practice. It explores new policies and practices, which offer alternatives to exclusionary, uninhabited national parks and wilderness areas and make possible new kinds of protected areas that recognize Indigenous peoples' rights and benefit from their knowledge and conservation contributions"--Provided by publisher"--

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.

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.

The UN Declaration on the Rights of Indigenous Peoples

Author : Jessie Hohmann
Publisher : Oxford University Press
ISBN 13 : 0199673225
Total Pages : 657 pages
Book Rating : 4.1/5 (996 download)

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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.--

World Heritage Sites and Indigenous Peoples' Rights

Author : Stefan Disko
Publisher : International Work Group for Indigenous Affairs
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis World Heritage Sites and Indigenous Peoples' Rights by : Stefan Disko

Download or read book World Heritage Sites and Indigenous Peoples' Rights written by Stefan Disko and published by International Work Group for Indigenous Affairs. This book was released on 2014 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Planning for Coexistence?

Author : Libby Porter
Publisher : Routledge
ISBN 13 : 1317080165
Total Pages : 240 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Planning for Coexistence? by : Libby Porter

Download or read book Planning for Coexistence? written by Libby Porter and published by Routledge. This book was released on 2016-06-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.

At the Margins of Globalization

Author : Sergio Puig
Publisher : Cambridge University Press
ISBN 13 : 1108497640
Total Pages : 167 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis At the Margins of Globalization by : Sergio Puig

Download or read book At the Margins of Globalization written by Sergio Puig and published by Cambridge University Press. This book was released on 2021-05-13 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how Indigenous Peoples are impacted by globalization and the cult of the individual that often accompanies the phenomenon.

The Inherent Rights of Indigenous Peoples in International Law

Author : Antonietta Di Blase
Publisher : Roma TrE-Press
ISBN 13 : 8832136929
Total Pages : 331 pages
Book Rating : 4.8/5 (321 download)

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Book Synopsis The Inherent Rights of Indigenous Peoples in International Law by : Antonietta Di Blase

Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Report on the Situation of Human Rights in Brazil

Author : Inter-American Commission on Human Rights
Publisher : General Secretariat Organization of American States
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Report on the Situation of Human Rights in Brazil by : Inter-American Commission on Human Rights

Download or read book Report on the Situation of Human Rights in Brazil written by Inter-American Commission on Human Rights and published by General Secretariat Organization of American States. This book was released on 1997 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: D. THE INDIGENOUS LANDS

Land and Cultural Survival

Author : Jayantha Perera
Publisher : Asian Development Bank
ISBN 13 : 9292547135
Total Pages : 326 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 326 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.

Mapping Indigenous Land

Author : Ana Pulido Rull
Publisher : University of Oklahoma Press
ISBN 13 : 0806166797
Total Pages : 485 pages
Book Rating : 4.8/5 (61 download)

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Book Synopsis Mapping Indigenous Land by : Ana Pulido Rull

Download or read book Mapping Indigenous Land written by Ana Pulido Rull and published by University of Oklahoma Press. This book was released on 2020-05-28 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1536 and 1601, at the request of the colonial administration of New Spain, indigenous artists crafted more than two hundred maps to be used as evidence in litigation over the allocation of land. These land grant maps, or mapas de mercedes de tierras, recorded the boundaries of cities, provinces, towns, and places; they made note of markers and ownership, and, at times, the extent and measurement of each field in a territory, along with the names of those who worked it. With their corresponding case files, these maps tell the stories of hundreds of natives and Spaniards who engaged in legal proceedings either to request land, to oppose a petition, or to negotiate its terms. Mapping Indigenous Land explores how, as persuasive and rhetorical images, these maps did more than simply record the disputed territories for lawsuits. They also enabled indigenous communities—and sometimes Spanish petitioners—to translate their ideas about contested spaces into visual form; offered arguments for the defense of these spaces; and in some cases even helped protect indigenous land against harmful requests. Drawing on her own paleography and transcription of case files, author Ana Pulido Rull shows how much these maps can tell us about the artists who participated in the lawsuits and about indigenous views of the contested lands. Considering the mapas de mercedes de tierras as sites of cross-cultural communication between natives and Spaniards, Pulido Rull also offers an analysis of medieval and modern Castilian law, its application in colonial New Spain, and the possibilities for empowerment it opened for the native population. An important contribution to the literature on Mexico's indigenous cartography and colonial art, Pulido Rull’s work suggests new ways of understanding how colonial space itself was contested, negotiated, and defined.