Collective Rights Of Indigenous Peoples

Author : Jolan Hsieh
Publisher : Routledge
Page : 150 pages
File Size : 45,9 Mb
Release : 2013-09-27
Category : Social Science
ISBN : 9781135514273

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Collective Rights of Indigenous Peoples by Jolan Hsieh Pdf

The focus of this book is on the PingPu peoples in Taiwan and their right to official recognition as "indigenous peoples" by the Taiwanese government. The result of centuries of colonization, indigenous tribes in Taiwan have faced severe cultural repression because of the government's refusal to accept ethnic, racial, and cultural diversity. The PingPu Status Recognition Movement is the result of a decade of activism by impassioned people seeking the right to self-determination, autonomy, and tribal legitimacy from the Han-Chinese-controlled Taiwanese government. This book examines, through in-depth interviews, questionnaires, field observations, and analysis of governmental and United Nations documents, the perspectives of those directly involved in the movement, as well as those affected by "indigenous" status recognition. Study of the PingPu Indigenous movement is vitally important as it publicly declares Taiwanese Indigenous population's humanity and collective rights and provides a more comprehensive analysis of identity-based movements as a fundamental form of collective human rights claims.

Author : Jessie Hohmann,Marc Weller
Publisher : Oxford University Press
Page : 657 pages
File Size : 49,7 Mb
Release : 2018
Category : Law
ISBN : 9780199673223

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The UN Declaration on the Rights of Indigenous Peoples by Jessie Hohmann,Marc Weller Pdf

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.--

Author : Aman Gupta
Publisher : Unknown
Page : 340 pages
File Size : 45,5 Mb
Release : 2005
Category : Human rights
ISBN : 818205205X

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Human Rights of Indigenous Peoples by Aman Gupta Pdf

Author : Jessika Eichler
Publisher : Routledge
Page : 242 pages
File Size : 48,5 Mb
Release : 2019-05-09
Category : Business & Economics
ISBN : 9781000020199

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Reconciling Indigenous Peoples’ Individual and Collective Rights by Jessika Eichler Pdf

This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.

Author : Rhiannon Morgan
Publisher : Routledge
Page : 230 pages
File Size : 47,8 Mb
Release : 2016-02-24
Category : Political Science
ISBN : 9781317007562

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Transforming Law and Institution by Rhiannon Morgan Pdf

In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement.

Author : Jérémie Gilbert
Publisher : BRILL
Page : 349 pages
File Size : 44,5 Mb
Release : 2016-07-08
Category : Law
ISBN : 9789004323254

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Indigenous Peoples' Land Rights under International Law by Jérémie Gilbert Pdf

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.

Author : Katherine Becerra Valdivia
Publisher : Rowman & Littlefield
Page : 193 pages
File Size : 54,7 Mb
Release : 2022-09-23
Category : Social Science
ISBN : 9781666909111

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Indigenous Collective Rights in Latin America by Katherine Becerra Valdivia Pdf

Latin America is a region with high levels of recognition for Indigenous collective rights. Still, legal protections differ considerably among countries. Why do some countries in Latin America have a strong recognition of collective rights for Indigenous people while others do not? What are the factors that help enhance the presence of collective rights? The author argues that while Indigenous social movements are crucial to the protection of Indigenous rights, they are not enough. The recognition of these rights is influenced by organizational factors (such as coalitions between Indigenous peoples and non-Indigenous allies) as well as institutional conditions (including constitutional replacement and party systems). By employing qualitative comparative analysis (QCA) and case studies from Bolivia, Chile, Colombia, Ecuador, Guatemala, Mexico, and Peru, this book explores the ways various elements combine to create conditions for a variety of collective rights.

Author : Damien Short,Corinne Lennox
Publisher : Routledge
Page : 486 pages
File Size : 53,9 Mb
Release : 2016-02-05
Category : Law
ISBN : 9781136313868

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Handbook of Indigenous Peoples' Rights by Damien Short,Corinne Lennox Pdf

This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

Author : Federico Lenzerini
Publisher : Oxford University Press
Page : 679 pages
File Size : 48,8 Mb
Release : 2008-01-24
Category : Law
ISBN : 9780199235605

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Reparations for Indigenous Peoples by Federico Lenzerini Pdf

In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.

Author : Mariana Monteiro de Matos
Publisher : BRILL
Page : 358 pages
File Size : 42,7 Mb
Release : 2020-10-12
Category : Law
ISBN : 9789004411272

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Indigenous Land Rights in the Inter-American System by Mariana Monteiro de Matos Pdf

Rights to their traditional lands and resources are essential to the survival of indigenous peoples. This book analyzes the substance and procedure of the most advanced system of safeguarding these rights, developed in the Inter-American system of human rights protection.

Author : Patrick Thornberry
Publisher : Unknown
Page : 504 pages
File Size : 43,6 Mb
Release : 2002
Category : Law
ISBN : UOM:39015056159356

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Indigenous Peoples and Human Rights by Patrick Thornberry Pdf

This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia. It defines who and what indigenous peoples actually are, and looks at their position in the light of the development of international law. The study the looks at their legal position, and their economic, social and cultural rights in respect of various laws and conventions passed on a national and international scale throughout the world. It considers the International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the Racial Discrimination Convention, the African Charter on Human and Peoples Rights, the UN Draft Declaration in Indigenous Peoples and the Proposed American Declaration on the Rights of Indigenous Peoples. There is discussion on how the development of human rights legislation and principles as a central tenet of international law has been of considerable benefit to indigenous peoples.

Author : Stephen Allen,Alexandra Xanthaki
Publisher : Bloomsbury Publishing
Page : 620 pages
File Size : 48,7 Mb
Release : 2011-01-12
Category : Law
ISBN : 9781847316233

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Reflections on the UN Declaration on the Rights of Indigenous Peoples by Stephen Allen,Alexandra Xanthaki Pdf

The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.

Author : Bob Joseph,Cindy Joseph
Publisher : Indigenous Relations Press
Page : 210 pages
File Size : 43,8 Mb
Release : 2019-05-09
Category : Social Science
ISBN : 1989025641

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Indigenous Relations by Bob Joseph,Cindy Joseph Pdf

"We are all treaty people. This eagerly awaited sequel to the bestselling 21 Things You May Not Know About the Indian Act offers practical tools that will help you respectfully avoid missteps in your business interactions and personal relationships with Indigenous Peoples. This book will teach you about: Aboriginal Rights and Title, and the treaty process the difference between hereditary and elected leadership, and why it matters the lasting impact of the Indian Act, including the barriers that Indigenous communities face which terms are preferable, and which should be avoided Indigenous Worldviews and cultural traditions the effect of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canada the truth behind common myths and stereotypes perpetuated about Indigenous Peoples since Confederation. In addition to being a hereditary chief, Bob Joseph is the President of Indigenous Corporate Training Inc., which offers programs in cultural competency. Here he offers an eight-part process that businesses and all levels of government can use to work more effectively with Indigenous Peoples, which benefits workplace culture as well as the bottom line. Embracing reconciliation on a daily basis in your work and personal life is the best way to undo the legacy of the Indian Act. By understanding and respecting cultural differences, you$1 (Bre taking a step toward full reconciliation between Indigenous and non-Indigenous peoples."--s.

Author : United Nations Department of Economic and Social Affairs
Publisher : United Nations
Page : 250 pages
File Size : 47,8 Mb
Release : 2011-05-09
Category : Political Science
ISBN : 9789210548434

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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.

Author : Jackie Hartley,Paul Joffe,Jennifer Preston
Publisher : UBC Press
Page : 288 pages
File Size : 53,5 Mb
Release : 2010-05-01
Category : Political Science
ISBN : 9781895830569

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Realizing the UN Declaration on the Rights of Indigenous Peoples by Jackie Hartley,Paul Joffe,Jennifer Preston Pdf

The contributors explain the provisions of the Declaration, and how it provides a framework for ensuring justice, dignity, and security for the world's Indigenous peoples, the development and adoption of the Declaration, and ways and means of implementing the Declaration within Canada and internationally. This book provides accessible information and guidance on the Declaration and how it might be used to advance human rights.