A Legal Assessment Of The Efficacy Of Consultation With Indigenous Peoples

A Legal Assessment Of The Efficacy Of Consultation With Indigenous Peoples Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of A Legal Assessment Of The Efficacy Of Consultation With Indigenous Peoples book. This book definitely worth reading, it is an incredibly well-written.

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

Catarina Woyames Dreher
A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples Book PDF

Author : Catarina Woyames Dreher
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2024
Category : Electronic
ISBN : 3031505417

Get Book

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples by Catarina Woyames Dreher Pdf

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

Catarina Woyames Dreher
A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples Book PDF

Author : Catarina Woyames Dreher
Publisher : Springer Nature
Page : 268 pages
File Size : 42,8 Mb
Release : 2024-01-05
Category : Law
ISBN : 9783031505393

Get Book

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples by Catarina Woyames Dreher Pdf

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

Amanda Cats-Baril
Indigenous Peoples Rights in Constitutions Assessment Tool Book PDF

Author : Amanda Cats-Baril
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 228 pages
File Size : 41,7 Mb
Release : 2020-08-09
Category : Law
ISBN : 9789176713242

Get Book

Indigenous Peoples’ Rights in Constitutions Assessment Tool by Amanda Cats-Baril Pdf

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.

Aboriginal Peoples and the Law

James I. Reynolds
Aboriginal Peoples and the Law Book PDF

Author : James I. Reynolds
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2018
Category : LAW
ISBN : 0774880244

Get Book

Aboriginal Peoples and the Law by James I. Reynolds Pdf

Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.

State of the World's Indigenous Peoples

United Nations Department of Economic and Social Affairs
State of the World s Indigenous Peoples Book PDF

Author : United Nations Department of Economic and Social Affairs
Publisher : United Nations
Page : 250 pages
File Size : 40,7 Mb
Release : 2011-05-09
Category : Political Science
ISBN : 9789210548434

Get Book

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

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

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

Author : Organisation for Economic Co-operation and Development
Publisher : Unknown
Page : 160 pages
File Size : 49,5 Mb
Release : 2019
Category : Electronic
ISBN : 9264310568

Get Book

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

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.

Toward Peace, Harmony, and Well-Being: Policing in Indigenous Communities

The Expert Panel on Policing in Indigenous Communities
Toward Peace Harmony and Well Being Policing in Indigenous Communities Book PDF

Author : The Expert Panel on Policing in Indigenous Communities
Publisher : Council of Canadian Academies
Page : 252 pages
File Size : 41,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781926522593

Get Book

Toward Peace, Harmony, and Well-Being: Policing in Indigenous Communities by The Expert Panel on Policing in Indigenous Communities Pdf

Toward Peace, Harmony, and Well-Being: Policing in Indigenous Communities builds on the CCA’s 2014 policing report, Policing Canada in the 21st Century: New Policing for New Challenges by incorporating the latest research findings and related information available on policing in Indigenous communities. The findings emphasize the diverse considerations that inform Indigenous policing. The approaches to policing considered in this report have broader implications related to well-being in Indigenous communities, and the ways in which Indigenous and non-Indigenous communities can form relationships based on mutual respect. The report aims to provide Indigenous community leaders, policy-makers, and service providers with the foundation to build effective and appropriate models for the future of policing in Indigenous communities.

The Political Economy of the Resource Curse

Andrew Rosser
The Political Economy of the Resource Curse Book PDF

Author : Andrew Rosser
Publisher : Unknown
Page : 42 pages
File Size : 55,6 Mb
Release : 2006
Category : Conservation of natural resources
ISBN : UOM:39015069198615

Get Book

The Political Economy of the Resource Curse by Andrew Rosser Pdf

This paper presents a critical survey of the literature on the "resource curse", focusing on three main questions: (i) are natural resources bad for development?; (ii) what causes the resource curse?; and, (iii) how can the resource curse be overcome? In respect of these questions, three observations are made. First, while the literature provides considerable evidence that natural resource abundance is associated with various negative development outcomes, this evidence is by no means conclusive. Second, existing explanations for the resource curse do not adequately account for the role of social forces or external political and economic environments in shaping development outcomes in resource abundant countries, nor for the fact that, while most resource abundant countries have performed poorly in developmental terms, a few have done quite well. Finally, recommendations for overcoming the resource curse have not generally taken into account the issue of political feasibility.

Indigenous Data Sovereignty

Tahu Kukutai,John Taylor
Indigenous Data Sovereignty Book PDF

Author : Tahu Kukutai,John Taylor
Publisher : ANU Press
Page : 344 pages
File Size : 44,7 Mb
Release : 2016-11-14
Category : Social Science
ISBN : 9781760460310

Get Book

Indigenous Data Sovereignty by Tahu Kukutai,John Taylor Pdf

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

Cultural Consultation

Laurence J. Kirmayer,Jaswant Guzder,Cécile Rousseau
Cultural Consultation Book PDF

Author : Laurence J. Kirmayer,Jaswant Guzder,Cécile Rousseau
Publisher : Springer Science & Business Media
Page : 355 pages
File Size : 49,8 Mb
Release : 2013-08-15
Category : Psychology
ISBN : 9781461476153

Get Book

Cultural Consultation by Laurence J. Kirmayer,Jaswant Guzder,Cécile Rousseau Pdf

Based on a recently completed project of cultural consultation in Montreal, Cultural Consultation presents a model of multicultural and applicable health care. This model used clinicians and consultants to provide in-depth assessment, treatment planning, and limited interventions in consultation with frontline primary care and mental health practitioners working with immigrants, refugees, and members of indigenous and ethnocultural communities. Evaluation of the service has demonstrated that focused interventions by consultants familiar with patients’ cultural backgrounds could improve the relationship between the patient and the primary clinician. This volume presents models for intercultural work in psychiatry and psychology in primary care, general hospital and specialty mental health settings. The editors highlight crucial topics such as: - Discussing the social context of intercultural mental health care, conceptual models of the role of culture in psychopathology and healing, and the development of a cultural consultation service and a specialized cultural psychiatric service - Examining the process of intercultural work more closely with particular emphasis oto strategies of consultation, the identity of the clinician, the ways in which gender and culture position the clinician, and interaction of the consultant with family systems and larger institutions - Highlighting special situations that may place specific demands on the clinician: working with refugees and survivors of torture or political violence, with separated families, and with patients with psychotic episodes This book is of valuable use to mental health practitioners who are working in multidisciplinary settings who seek to understand cultural difference in complex cases. Psychiatrists, psychologists, social workers, nurse practitioners, primary care providers and trainees in these disciplines will make thorough use of the material covered in this text.

Making the Declaration Work

Claire Charters,Rodolfo Stavenhagen
Making the Declaration Work Book PDF

Author : Claire Charters,Rodolfo Stavenhagen
Publisher : International Work Group for Indigenous Affairs
Page : 404 pages
File Size : 48,8 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105133122114

Get Book

Making the Declaration Work by Claire Charters,Rodolfo Stavenhagen Pdf

"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.

Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary

Truth and Reconciliation Commission of Canada
Final Report of the Truth and Reconciliation Commission of Canada Volume One Summary Book PDF

Author : Truth and Reconciliation Commission of Canada
Publisher : James Lorimer & Company
Page : 673 pages
File Size : 40,5 Mb
Release : 2015-07-22
Category : History
ISBN : 9781459410695

Get Book

Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by Truth and Reconciliation Commission of Canada Pdf

This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.

Land and Cultural Survival

Jayantha Perera
Land and Cultural Survival Book PDF

Author : Jayantha Perera
Publisher : Asian Development Bank
Page : 342 pages
File Size : 51,8 Mb
Release : 2009-09-01
Category : Business & Economics
ISBN : 9789292547134

Get Book

Land and Cultural Survival by Jayantha Perera Pdf

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.

To Purge the Forest by Force: Organized violence against Batwa in Kahuzi-Biega National Park

Robert Flummerfelt
To Purge the Forest by Force Organized violence against Batwa in Kahuzi Biega National Park Book PDF

Author : Robert Flummerfelt
Publisher : Minority Rights Group
Page : 92 pages
File Size : 43,9 Mb
Release : 2022-04-05
Category : Social Science
ISBN : 9781912938452

Get Book

To Purge the Forest by Force: Organized violence against Batwa in Kahuzi-Biega National Park by Robert Flummerfelt Pdf

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.

‘We Are All Here to Stay’

Dominic O’Sullivan
We Are All Here to Stay Book PDF

Author : Dominic O’Sullivan
Publisher : ANU Press
Page : 270 pages
File Size : 48,7 Mb
Release : 2020-09-21
Category : Political Science
ISBN : 9781760463953

Get Book

‘We Are All Here to Stay’ by Dominic O’Sullivan Pdf

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.