A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples PDF Download

Author: Catarina Woyames Dreher
Publisher:
ISBN: 9783031505416
Category :
Languages : en
Pages : 0

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Book Description
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: Catarina Woyames Dreher
Publisher: Springer Nature
ISBN: 3031505395
Category : Law
Languages : en
Pages : 268

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Book Description
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: Amanda Cats-Baril
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
ISBN: 9176713245
Category : Law
Languages : en
Pages : 228

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Book Description
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.

Author: United Nations Department of Economic and Social Affairs
Publisher: United Nations
ISBN: 9210548434
Category : Political Science
Languages : en
Pages : 250

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Book Description
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: Organisation for Economic Co-operation and Development
Publisher:
ISBN: 9789264310568
Category :
Languages : en
Pages : 160

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Book Description
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.

Author: Claire Charters
Publisher: International Work Group for Indigenous Affairs
ISBN:
Category : Law
Languages : en
Pages : 404

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Book Description
"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.

Author: Jayantha Perera
Publisher: Asian Development Bank
ISBN: 9292547135
Category : Business & Economics
Languages : en
Pages : 342

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Book Description
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:
Publisher: Minority Rights Group
ISBN: 1912938456
Category : Social Science
Languages : en
Pages : 92

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Book Description
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.

Author: Julie Koppel Maldonado
Publisher: Springer
ISBN: 3319052667
Category : Science
Languages : en
Pages : 174

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Book Description
With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.

Author: Lisa McIntosh Sundstrom
Publisher: Oxford University Press
ISBN: 0190932848
Category : Law
Languages : en
Pages : 352

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Book Description
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.