The Requirement Of Consultation With Indigenous Peoples In The Ilo

Author : Maria Victoria Cabrera Ormaza
Publisher : BRILL
Page : 262 pages
File Size : 42,9 Mb
Release : 2017-11-13
Category : Law
ISBN : 9789004356016

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The Requirement of Consultation with Indigenous Peoples in the ILO by Maria Victoria Cabrera Ormaza Pdf

In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach.

Author : International Labour Office. Office of the Legal Advisor
Publisher : International Labour Organization
Page : 152 pages
File Size : 48,7 Mb
Release : 2006
Category : Labor laws and legislation, International
ISBN : 9789221186151

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Manual for Drafting ILO Instruments by International Labour Office. Office of the Legal Advisor Pdf

Author : Federica Cittadino
Publisher : BRILL
Page : 401 pages
File Size : 53,9 Mb
Release : 2019-08-12
Category : Law
ISBN : 9789004364400

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Incorporating Indigenous Rights in the International Regime on Biodiversity Protection by Federica Cittadino Pdf

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.

Author : Catarina Woyames Dreher
Publisher : Springer Nature
Page : 268 pages
File Size : 49,6 Mb
Release : 2024-01-05
Category : Law
ISBN : 9783031505393

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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.

Author : Mariana Monteiro de Matos
Publisher : BRILL
Page : 358 pages
File Size : 40,9 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 : Claire Wright,Alexandra Tomaselli
Publisher : Routledge
Page : 249 pages
File Size : 53,9 Mb
Release : 2019-08-16
Category : Science
ISBN : 9781351042086

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The Prior Consultation of Indigenous Peoples in Latin America by Claire Wright,Alexandra Tomaselli Pdf

This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).

Author : Jayantha Perera
Publisher : Asian Development Bank
Page : 342 pages
File Size : 55,8 Mb
Release : 2009-09-01
Category : Business & Economics
ISBN : 9789292547134

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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.

Author : J. Sagebien,N. Lindsay
Publisher : Springer
Page : 321 pages
File Size : 45,9 Mb
Release : 2011-10-12
Category : Political Science
ISBN : 9780230353282

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Governance Ecosystems by J. Sagebien,N. Lindsay Pdf

The authors explore the complex dynamics of mining and Corporate Social Responsibility (CSR) in Latin America, including a reflection on the African continent, presenting arguments and case studies based on new research on a set of urgent and emerging questions surrounding mining, development and sustainability.

Author : International Labour Office,Risjabh Kumar Dhir
Publisher : Unknown
Page : 156 pages
File Size : 55,7 Mb
Release : 2020-02-03
Category : Electronic
ISBN : 9221340333

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Implementing the ILO Indigenous and Tribal Peoples Convention No. 169 by International Labour Office,Risjabh Kumar Dhir Pdf

In 1989, the ILO adopted the Indigenous and Tribal Peoples Convention No. 169. Since then, the Convention has been ratified by 23 countries, and has guided and inspired governments, trade unions and employers' organizations as well as indigenous peoples across the world in their work to promote and protect indigenous peoples' rights. Thirty years have passed since the adoption of Convention No. 169. This report presents the social and economic situation of indigenous women and men today by looking at key aspects such as population, employment and poverty, as well as the important strides made in public policies, particularly with regard to institutions, consultation and participation. It highlights the critical role of the Convention as a framework for social justice, peace, participatory democracy, and inclusive and sustainable development for all - which is necessary to achieve the Sustainable Development Goals and undertake meaningful climate action.

Author : Valentina Vadi,Bruno de Witte
Publisher : Routledge
Page : 307 pages
File Size : 49,7 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317910756

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Culture and International Economic Law by Valentina Vadi,Bruno de Witte Pdf

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Author : United Nations Department of Economic and Social Affairs
Publisher : United Nations
Page : 250 pages
File Size : 42,5 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 : Damien Short,Corinne Lennox
Publisher : Routledge
Page : 486 pages
File Size : 47,7 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 : John Borrows,Michael Coyle
Publisher : University of Toronto Press
Page : 440 pages
File Size : 41,6 Mb
Release : 2017-03-17
Category : Political Science
ISBN : 9781442630239

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The Right Relationship by John Borrows,Michael Coyle Pdf

The relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations. In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

Author : S. James Anaya
Publisher : Oxford University Press, USA
Page : 410 pages
File Size : 48,7 Mb
Release : 2004
Category : Law
ISBN : 9780195173499

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Indigenous Peoples in International Law by S. James Anaya Pdf

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.

Author : Assefa Bequele,Jo Boyden
Publisher : International Labour Organization
Page : 262 pages
File Size : 50,9 Mb
Release : 1988
Category : Business & Economics
ISBN : 9221063895

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Combating Child Labour by Assefa Bequele,Jo Boyden Pdf

This work examines the developments in the campaign against child labour and the defence of the rights of children.