Collective Rights Of Indigenous Peoples
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Reconciling Indigenous Peoples Individual And Collective Rights
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Author : Jessika Eichler
language : en
Publisher: Routledge
Release Date : 2019-05-09
Reconciling Indigenous Peoples Individual And Collective Rights written by Jessika Eichler and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-09 with Business & Economics categories.
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.
Collective Rights Of Indigenous Peoples
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Author : Jolan Hsieh
language : en
Publisher: Routledge
Release Date : 2013-09-27
Collective Rights Of Indigenous Peoples written by Jolan Hsieh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-27 with Social Science categories.
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.
The Un Declaration On The Rights Of Indigenous Peoples
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Author : Jessie Hohmann
language : en
Publisher: Oxford University Press
Release Date : 2018
The Un Declaration On The Rights Of Indigenous Peoples written by Jessie Hohmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
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.--
Indigenous Collective Rights In Latin America
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Author : Katherine Becerra Valdivia
language : en
Publisher: Rowman & Littlefield
Release Date : 2022-09-23
Indigenous Collective Rights In Latin America written by Katherine Becerra Valdivia and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-23 with Social Science categories.
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.
Indigenous Peoples Land Rights Under International Law
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Author : Jérémie Gilbert
language : en
Publisher: BRILL
Release Date : 2016-07-08
Indigenous Peoples Land Rights Under International Law written by Jérémie Gilbert and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-08 with Law categories.
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.
Collective Rights Of Indigenous Peoples
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Author : Jolan Hsieh
language : en
Publisher: Routledge
Release Date : 2013-09-27
Collective Rights Of Indigenous Peoples written by Jolan Hsieh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-27 with Social Science categories.
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.
Human Rights Of Indigenous Peoples
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Author : Aman Gupta
language : en
Publisher:
Release Date : 2005
Human Rights Of Indigenous Peoples written by Aman Gupta and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Human rights categories.
Transforming Law And Institution
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Author : Rhiannon Morgan
language : en
Publisher: Routledge
Release Date : 2016-02-24
Transforming Law And Institution written by Rhiannon Morgan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Political Science categories.
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.
Reparations For Indigenous Peoples
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Author : Federico Lenzerini
language : en
Publisher: Oxford University Press
Release Date : 2008-01-24
Reparations For Indigenous Peoples written by Federico Lenzerini and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-24 with Law categories.
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.
Reflections On The Un Declaration On The Rights Of Indigenous Peoples
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Author : Stephen Allen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-01-12
Reflections On The Un Declaration On The Rights Of Indigenous Peoples written by Stephen Allen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-12 with Law categories.
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.