The Elusive Promise Of Indigenous Development

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The Elusive Promise of Indigenous Development

Author : Karen Engle
Publisher : Duke University Press
Page : 419 pages
File Size : 48,8 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.

In the Way of Development

Author : Mario Blaser,Glenn McRae,Harvey Feit
Publisher : Zed Books Ltd.
Page : 344 pages
File Size : 44,6 Mb
Release : 2013-07-04
Category : Social Science
ISBN : 9781848137042

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In the Way of Development by Mario Blaser,Glenn McRae,Harvey Feit Pdf

A collaboration between indigenous leaders, social activists and scholars from a wide range of disciplines, In the Way of Development explores the current situation of indigenous peoples enmeshed in the remorseless expansion of the modern economy. The volume assembles a rich diversity of statements, case studies and wider thematic explorations all starting with indigenous peoples as actors, not victims. The accounts come primarily from North America, but include also studies from South America, and the former Soviet Union. In the Way of Development shows how the boundaries between indigenous peoples' organizations, civil society, the state, markets, development and the environment are ambiguous and constantly changing. This fact makes local political agency possible, but also, ironically, opens the possibility of undermining it.

The Routledge Handbook of Indigenous Development

Author : Katharina Ruckstuhl,Irma A. Velásquez Nimatuj,John-Andrew McNeish,Nancy Postero
Publisher : Taylor & Francis
Page : 758 pages
File Size : 45,5 Mb
Release : 2022-11-30
Category : Political Science
ISBN : 9781000770339

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The Routledge Handbook of Indigenous Development by Katharina Ruckstuhl,Irma A. Velásquez Nimatuj,John-Andrew McNeish,Nancy Postero Pdf

This Handbook inverts the lens on development, asking what Indigenous communities across the globe hope and build for themselves. In contrast to earlier writing on development, this volume focuses on Indigenous peoples as inspiring theorists and potent political actors who resist the ongoing destruction of their livelihoods. To foster their own visions of development, they look from the present back to Indigenous pasts and forward to Indigenous futures. Key questions: How do Indigenous theories of justice, sovereignty, and relations between humans and non-humans inform their understandings of development? How have Indigenous people used Rights of Nature, legal pluralism, and global governance systems to push for their visions? How do Indigenous relations with the Earth inform their struggles against natural resource extraction? How have native peoples negotiated the dangers and benefits of capitalism to foster their own life projects? How do Indigenous peoples in diaspora and in cities around the world contribute to Indigenous futures? How can Indigenous intellectuals, artists, and scientists control their intellectual property and knowledge systems and bring into being meaningful collective life projects? The book is intended for Indigenous and non-Indigenous activists, communities, scholars, and students. It provides a guide to current thinking across the disciplines that converge in the study of development, including geography, anthropology, environmental studies, development studies, political science, and Indigenous studies.

The Exclusions of Civilization

Author : Mark Pearcey
Publisher : Springer
Page : 155 pages
File Size : 50,5 Mb
Release : 2016-10-25
Category : Political Science
ISBN : 9781137528629

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The Exclusions of Civilization by Mark Pearcey Pdf

This book builds upon an inter-disciplinary body of literature to detail the centrality of European colonialism and imperialism in the constitution of modern international relations. A critical historical analysis that challenges conventional assumptions about the evolution and expansion of international society, it addresses the interconnections between the European and non-European sides of that history. Pearcey argues that features of European expansion were guided by a discourse on civilization, one that subsumed the uncivilized Other within the boundaries of the civilized Self. Doing so, civilization enabled a process of “exclusion by inclusion”, whereby many of the world’s indigenous peoples were gradually excluded from the “international” by being subsumed within the “domestic.” Challenging conventional assumptions about the evolution and expansion of international society, especially those of the English School, this book contributes to central debates in International Relations theory.

Heritage, Culture and Rights

Author : Andrea Durbach,Lucas Lixinski
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 51,9 Mb
Release : 2017-05-18
Category : Political Science
ISBN : 9781509904259

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Heritage, Culture and Rights by Andrea Durbach,Lucas Lixinski Pdf

Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China's use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law. The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world. 'This book fills an important gap in the literature on heritage and rights and, in particular, human rights law. With articles from leading experts addressing the legal human rights dimensions of cultural heritage protection, it makes a significant contribution to debates over issues such as 'Why should we safeguard heritage and for whom?' and 'What is the relationship between heritage safeguarding and protecting human rights?'. These are deep questions of profound significance to individuals, communities and even nations around the world and are of increasing urgency today. It critically analyses the relationship between heritage and human rights that can be potentially pernicious as well as mutually reinforcing, placing this analysis within the wider context and with a broad geographical scope with examinations of the heritage/rights relationship in Southeast Asia (Cambodia), China and sub-Saharan Africa.' Dr Janet Blake, Associate Professor in Law, Shahid Beheshti University, Tehran 'Traversing the destruction of mausoleums in Timbuktu to war crimes trial by the International Criminal Court, Heritage, Culture and Rights explores the crucial links between human rights and the protection of cultural heritage. The essays are accessible to all viewing the destruction of cultural heritage as a breach of human dignity and identity. Unputdownable.' Professor Gillian Triggs, President of the Australian Human Rights Commission 'This collection of essays by leading scholars, though primarily Australian in origin, is universal in orientation. Ranging from a broad survey of the applicable laws of armed conflict to a detailed consideration of urban design in Southeast Asia, the essays offer significant insights into the relationship between the protection and use of cultural heritage, on one hand, and fundamental human rights, on the other. Ultimately, the mutual reinforcement of the two disciplines of law prevails over carefully-acknowledged tensions between them. Readers at all levels of expertise will find the book of great interest.' Professor James Nafziger,Thomas B Stoel Professor of Law and Director of International Programs at the Willamette University College of Law

The Elusive Promise of NGOs in Africa

Author : S. Dicklitch
Publisher : Springer
Page : 294 pages
File Size : 54,5 Mb
Release : 1998-07-13
Category : Political Science
ISBN : 9780230502116

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The Elusive Promise of NGOs in Africa by S. Dicklitch Pdf

Dicklitch challenges the dominant discourse of neo-liberalism which places NGOs and civil society at the forefront of democratization and development in Africa. Based on nine months of field research in Uganda, the study draws on evidence from the 'successfully' liberalizing country and shows how NGO potential for democratization and development has been subverted by state directives, structural and historical conditions, as well as the internal limitations of NGOs.

Indigenous Cultural Property and International Law

Author : Shea Elizabeth Esterling
Publisher : Taylor & Francis
Page : 220 pages
File Size : 51,5 Mb
Release : 2023-09-08
Category : Law
ISBN : 9780429594588

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Indigenous Cultural Property and International Law by Shea Elizabeth Esterling Pdf

Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.

The Un Declaration on the Rights of Indigenous Peoples

Author : Andrew Erueti
Publisher : Oxford University Press
Page : 241 pages
File Size : 47,9 Mb
Release : 2021-12-21
Category : Law
ISBN : 9780190068301

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The Un Declaration on the Rights of Indigenous Peoples by Andrew Erueti Pdf

The book provides a comprehensive, definitive account of the history of the international indigenous rights movement, culminating in the UN's adoption of a Declaration on the Rights of indigenous peoples. This account reveals for the first time the diversity of agendas and argument advanced by advocates split broadly between northern and southern movements. Based on this political history, the book presents a new way of interpreting and implementing the Declaration -a method that is true to the aspirations of the movements in the Declaration negotiations and coherent and compelling in the context of implementation. This method also assists in clarifying, with more certainty than other methods, the meaning of indigenous peoples for the purposes of international law.

Sovereign Forces

Author : John-Andrew McNeish
Publisher : Berghahn Books
Page : 286 pages
File Size : 49,7 Mb
Release : 2021-06-11
Category : Political Science
ISBN : 9781800731097

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Sovereign Forces by John-Andrew McNeish Pdf

Sovereignty is a significant force regarding the ownership, use, protection and management of natural resources. By placing an emphasis on the complex intertwined relationship between natural resources and diverse claims to resource sovereignty, this book reveals the backstory of contemporary resource contestations in Latin America and their positioning within a more extensive history of extraction in the region. Exploring cases of resource contestation in Bolivia, Colombia and Guatemala, Sovereign Forces highlights the value of these relationships to the practice of environmental governance and peacebuilding in the region.

Fictions of Land and Flesh

Author : Mark Rifkin
Publisher : Duke University Press
Page : 243 pages
File Size : 54,8 Mb
Release : 2019-08-23
Category : Social Science
ISBN : 9781478005285

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Fictions of Land and Flesh by Mark Rifkin Pdf

In Fictions of Land and Flesh Mark Rifkin explores the impasses that arise in seeking to connect Black and Indigenous movements, turning to speculative fiction to understand those difficulties and envision productive ways of addressing them. Against efforts to subsume varied forms of resistance into a single framework in the name of solidarity, Rifkin argues that Black and Indigenous political struggles are oriented in distinct ways, following their own lines of development and contestation. Rifkin suggests how movement between the two can be approached as something of a speculative leap in which the terms and dynamics of one are disoriented in the encounter with the other. Futurist fiction provides a compelling site for exploring such disjunctions. Through analyses of works by Octavia Butler, Walter Mosley, Nalo Hopkinson, Melissa Tantaquidgeon Zobel, and others, the book illustrates how ideas about fungibility, fugitivity, carcerality, marronage, sovereignty, placemaking, and governance shape the ways Black and Indigenous intellectuals narrate the past, present, and future. In turning to speculative fiction, Rifkin illustrates how speculation as a process provides conceptual and ethical resources for recognizing difference while engaging across it.

Cultural Rights in International Law and Discourse

Author : Stephenson Chow
Publisher : BRILL
Page : 302 pages
File Size : 53,5 Mb
Release : 2018-02-01
Category : Law
ISBN : 9789004328587

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Cultural Rights in International Law and Discourse by Stephenson Chow Pdf

In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.

Indigenous Peoples’ Rights in Constitutions Assessment Tool

Author : Amanda Cats-Baril
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 228 pages
File Size : 49,7 Mb
Release : 2020-08-09
Category : Law
ISBN : 9789176713242

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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.

Native Studies Keywords

Author : Stephanie Nohelani Teves,Andrea Smith,Michelle Raheja
Publisher : University of Arizona Press
Page : 369 pages
File Size : 41,6 Mb
Release : 2015-05-21
Category : Language Arts & Disciplines
ISBN : 9780816531509

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Native Studies Keywords by Stephanie Nohelani Teves,Andrea Smith,Michelle Raheja Pdf

Native Studies Keywords is a genealogical project that looks at the history of words that claim to have no history. The end goal is not to determine which words are appropriate but to critically examine words that are crucial to Native studies, in hopes of promoting debate and critical interrogation.

Indigenous Peoples, Consent and Rights

Author : Stephen Young
Publisher : Routledge
Page : 220 pages
File Size : 48,6 Mb
Release : 2019-11-19
Category : Law
ISBN : 9781000752656

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Indigenous Peoples, Consent and Rights by Stephen Young Pdf

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

The Inherent Rights of Indigenous Peoples in International Law

Author : Antonietta Di Blase,Valentina Vadi
Publisher : Roma TrE-Press
Page : 331 pages
File Size : 40,9 Mb
Release : 2020-02-24
Category : Law
ISBN : 9788832136920

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The Inherent Rights of Indigenous Peoples in International Law by Antonietta Di Blase,Valentina Vadi Pdf

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.