Indigenous Heritage And Self Determination

Author : Tony Simpson
Publisher : IWGIA
Page : 236 pages
File Size : 47,6 Mb
Release : 1997
Category : Law
ISBN : 8798411039

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Indigenous Heritage and Self-determination by Tony Simpson Pdf

The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.

Author : Andrew Gray
Publisher : Berghahn Books
Page : 380 pages
File Size : 52,5 Mb
Release : 1997
Category : Law
ISBN : 1571818375

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Indigenous Rights and Development by Andrew Gray Pdf

The Arakmbut are an indigenous people in the southeastern Peruvian rain forest who have survived with their culture intact despite encounters with missionaries since the 1950s and a gold rush into their territory over the past 15 years. This final volume of the series looks at the growing consciousness among the Arakmbut of their own rights and the growing development of indigenous rights internationally, and describes the importance of the invisible spirit world in the Arakmbut legal system. Annotation copyrighted by Book News, Inc., Portland, OR

Author : Alexandra Xanthaki,Sanna Valkonen,Leena Heinämäki,Piia Kristiina Nuorgam
Publisher : BRILL
Page : 359 pages
File Size : 52,5 Mb
Release : 2017-10-20
Category : Law
ISBN : 9789004342194

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Indigenous Peoples' Cultural Heritage by Alexandra Xanthaki,Sanna Valkonen,Leena Heinämäki,Piia Kristiina Nuorgam Pdf

Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.

Author : Camille Callison,Loriene Roy,Gretchen Alice LeCheminant
Publisher : Walter de Gruyter GmbH & Co KG
Page : 387 pages
File Size : 47,8 Mb
Release : 2016-07-11
Category : Language Arts & Disciplines
ISBN : 9783110395860

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Indigenous Notions of Ownership and Libraries, Archives and Museums by Camille Callison,Loriene Roy,Gretchen Alice LeCheminant Pdf

Tangible and intangible forms of indigenous knowledges and cultural expressions are often found in libraries, archives or museums. Often the "legal" copyright is not held by the indigenous people’s group from which the knowledge or cultural expression originates. Indigenous peoples regard unauthorized use of their cultural expressions as theft and believe that the true expression of that knowledge can only be sustained, transformed, and remain dynamic in its proper cultural context. Readers will begin to understand how to respect and preserve these ways of knowing while appreciating the cultural memory institutions’ attempts to transfer the knowledges to the next generation.

Author : Vanessa Tünsmeyer
Publisher : Springer Nature
Page : 527 pages
File Size : 51,5 Mb
Release : 2022-01-25
Category : Law
ISBN : 9783030890476

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Repatriation of Sacred Indigenous Cultural Heritage and the Law by Vanessa Tünsmeyer Pdf

This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

Author : Maivân Lâm
Publisher : BRILL
Page : 258 pages
File Size : 41,7 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004478725

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At the Edge of the State: Indigenous Peoples and Self Determination by Maivân Lâm Pdf

Focusing on issues raised by the U.N. Working Group on Indigenous Peoples, this study reveals the obstacles to self-determination for these peoples in all parts of the world. The author argues, using both legal and social theory, that the right of self-determination can be available to indigenous peoples, and proposes measures that the UN might institute to oversee the realization of this right. Published under the Transnational Publishers imprint.

Author : Nicolas Adell,Regina F. Bendix,Chiara Bortolotto,Markus Tauschek
Publisher : Göttingen University Press
Page : 324 pages
File Size : 47,8 Mb
Release : 2015
Category : Communities of practice
ISBN : 9783863952051

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Between Imagined Communities and Communities of Practice by Nicolas Adell,Regina F. Bendix,Chiara Bortolotto,Markus Tauschek Pdf

Community and participation have become central concepts in the nomination processes surrounding heritage, intersecting time and again with questions of territory. In this volume, anthropologists and legal scholars from France, Germany, Italy and the USA take up questions arising from these intertwined concerns from diverse perspectives: How and by whom were these concepts interpreted and re-interpreted, and what effects did they bring forth in their implementation? What impact was wielded by these terms, and what kinds of discursive formations did they bring forth? How do actors from local to national levels interpret these new components of the heritage regime, and how do actors within heritage-granting national and international bodies work it into their cultural and political agency? What is the role of experts and expertise, and when is scholarly knowledge expertise and when is it partisan? How do bureaucratic institutions translate the imperative of participation into concrete practices? Case studies from within and without the UNESCO matrix combine with essays probing larger concerns generated by the valuation and valorization of culture.

Author : Sarah Sargent
Publisher : Legend Press Ltd
Page : 198 pages
File Size : 44,6 Mb
Release : 2016-12-08
Category : Political Science
ISBN : 9781789551310

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Indigenous Rights by Sarah Sargent Pdf

Over 25 years in the making, the UN Declaration on the Rights of Indigenous Peoples is described by the UN as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation."

Author : Avigail Eisenberg,Jeremy Webber,Glen Coulthard,Andrée Boisselle
Publisher : UBC Press
Page : 349 pages
File Size : 49,5 Mb
Release : 2014-04-15
Category : Political Science
ISBN : 9780774827447

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Recognition versus Self-Determination by Avigail Eisenberg,Jeremy Webber,Glen Coulthard,Andrée Boisselle Pdf

The political concept of recognition has introduced new ways of thinking about the relationship between minorities and justice in plural societies. But is a politics informed by recognition valuable to minorities today? Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated with Canada, the United States, Europe, Latin America, India, New Zealand, and Australia. The chapters look at cultural recognition in the context of public policy about intellectual and physical property, membership practices, and independence movements, while probing debates about toleration, democratic citizenship, and colonialism. Together the contributions point to a distinctive set of challenges posed by a politics of recognition and self-determination to peoples seeking emancipation from unjust relations.

Author : Gudmundur Alfredsson,Maria Stavropoulou
Publisher : BRILL
Page : 431 pages
File Size : 54,7 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004478510

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Justice Pending: Indigenous Peoples and Other Good Causes by Gudmundur Alfredsson,Maria Stavropoulou Pdf

The articles in this volume deal with many of the issues, which have been and continue to be on the international law and human rights agenda of Erica-Irene A. Daes. She is an international personality, with a long and varied career, but she has been and is passionately involved in a wide range of issues related directly or indirectly to the Greek experience and the Greek diaspora. The energy and output of Erica Daes culminated in her tireless efforts to seek protection for the world's indigenous peoples. It is in this capacity that the international human rights community has best learned to know and appreciate her. As an independent expert, she has served as Chairman of the Working Group on Indigenous Populations and she has carried out studies on indigenous land rights, intellectual and cultural rights, and indigenous heritage. She played a key role in bringing about an international year (1993) and a decade (1995-2004) for the promotion of the rights of indigenous peoples. Most importantly, Erica Daes was the principal drafter of the UN draft declaration on the rights of indigenous peoples, which has become known as the Daes Declaration and which is reproduced in an annex to this book. Other annexes contain excerpts from her documents prepared in the context of her UN career, some of which have not been previously published.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2015
Category : Electronic
ISBN : 1910814075

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Restoring Indigenous Self-Determination by Anonim Pdf

Author : Yunci Cai
Publisher : Routledge
Page : 232 pages
File Size : 47,5 Mb
Release : 2020-08-12
Category : Social Science
ISBN : 9780429620768

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Staging Indigenous Heritage by Yunci Cai Pdf

Staging Indigenous Heritage examines the cultural politics of four Indigenous cultural villages in Malaysia. Demonstrating that such villages are often beset with the politics of brokerage and representation, the book shows that this reinforces a culture of dependency on the brokers. By critically examining the relationship between Indigenous tourism and development through the establishment of Indigenous cultural villages, the book addresses the complexities of adopting the ‘culture for development’ paradigm as a developmental strategy. Demonstrating that the opportunities for self-representation and self-determination can become entwined with the politics of brokerage and the contradictory dualism of culture, it becomes clear that this can both facilitate and compromise their intended outcomes. Challenging the simplistic conceptualisation of Indigenous communities as harmonious and unified wholes, the book shows how Indigenous cultures are actively forged, struggled over, and negotiated in contemporary Malaysia. Confronting the largely positive rhetoric in current discourses on the benefits of community-based cultural projects, Staging Indigenous Heritage should be essential reading for academics and students in the fields of museum studies, cultural heritage studies, Indigenous studies, development studies, tourism, anthropology, and geography. The book should also be of interest to museum and heritage professionals around the world.

Author : Geneviève Susemihl
Publisher : Springer Nature
Page : 467 pages
File Size : 42,8 Mb
Release : 2023-11-05
Category : Social Science
ISBN : 9783031400636

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Claiming Back Their Heritage by Geneviève Susemihl Pdf

This book provides a unique, in-depth look at three Indigenous World Heritage sites in Canada and their use for Indigenous empowerment and community development. Based on extensive ethnographic field studies and comprehensive narrative interviews, it shows how the three First Nation communities presented in the case studies enforce recognition of their collective rights to preserve their cultural heritage and assert their right to political, economic, cultural, and social self-determination. It also considers the prevailing universalistic discourses around World Heritage and the various ways in which they serve to either reinforce existing oppressive conditions regarding Indigenous communities and voices or provide opportunities to overcome them. The book will be of interest to scholars and students working on social and cultural histories, histories of colonialism, and in heritage and museum studies.

Author : Catherine Bell,Robert Paterson
Publisher : UBC Press
Page : 463 pages
File Size : 53,9 Mb
Release : 2009-05-01
Category : Law
ISBN : 9780774858595

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Protection of First Nations Cultural Heritage by Catherine Bell,Robert Paterson Pdf

Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?

Author : Karen Engle
Publisher : Duke University Press
Page : 419 pages
File Size : 54,9 Mb
Release : 2010-09-17
Category : History
ISBN : 9780822392965

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The Elusive Promise of Indigenous Development by Karen Engle Pdf

Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences. Conceiving indigenous rights as cultural rights, Engle argues, has largely displaced or deferred many of the economic and political issues that initially motivated much indigenous advocacy. She contends that by asserting static, essentialized notions of indigenous culture, indigenous rights advocates have often made concessions that threaten to exclude many claimants, force others into norms of cultural cohesion, and limit indigenous economic, political, and territorial autonomy. Engle explores one use of the right to culture outside the context of indigenous rights, through a discussion of a 1993 Colombian law granting collective land title to certain Afro-descendant communities. Following the aspirations for and disappointments in this law, Engle cautions advocates for marginalized communities against learning the wrong lessons from the recent struggles of indigenous peoples at the international level.