Author: J. A. FiberesimaPublisher: Newsfair Communications
ISBN:
Category : Customary law
Languages : en
Pages : 182
Book Description
Indigenous Land Tenure of Rivers People
Author: J. A. FiberesimaPublisher: Newsfair Communications
ISBN:
Category : Customary law
Languages : en
Pages : 182
Book Description
The Clay We Are Made Of
Author: Susan M. HillPublisher: Univ. of Manitoba Press
ISBN: 088755458X
Category : History
Languages : en
Pages : 245
Book Description
If one seeks to understand Haudenosaunee (Six Nations) history, one must consider the history of Haudenosaunee land. For countless generations prior to European contact, land and territory informed Haudenosaunee thought and philosophy, and was a primary determinant of Haudenosaunee identity. In The Clay We Are Made Of, Susan M. Hill presents a revolutionary retelling of the history of the Grand River Haudenosaunee from their Creation Story through European contact to contemporary land claims negotiations. She incorporates Indigenous theory, fourth world post-colonialism, and Amerindian autohistory, along with Haudenosaunee languages, oral records, and wampum strings to provide the most comprehensive account of the Haudenosaunee’s relationship to their land. Hill outlines the basic principles and historical knowledge contained within four key epics passed down through Haudenosaunee cultural history. She highlights the political role of women in land negotiations and dispels their misrepresentation in the scholarly canon. She guides the reader through treaty relationships with Dutch, French, and British settler nations, including the Kaswentha/Two-Row Wampum (the precursor to all future Haudenosaunee-European treaties), the Covenant Chain, the Nanfan Treaty, and the Haldimand Proclamation, and concludes with a discussion of the current problematic relationships between the Grand River Haudenosaunee, the Crown, and the Canadian government.
Property and Dispossession
Author: Allan GreerPublisher: Cambridge University Press
ISBN: 1107160642
Category : Business & Economics
Languages : en
Pages : 469
Book Description
Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.
Land, Indigenous Peoples and Conflict
Author: Alan C. TidwellPublisher: Routledge
ISBN: 1317537548
Category : Law
Languages : en
Pages : 251
Book Description
Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.
Land Rights of Indigenous Peoples in Africa
Author: Albert Kwokwo BarumePublisher:
ISBN: 9788792786401
Category : Indigenous peoples
Languages : en
Pages : 390
Book Description
Legal Rights for Rivers
Author: Erin O'DonnellPublisher: Routledge
ISBN: 0429889607
Category : Law
Languages : en
Pages : 202
Book Description
In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Political Theory and the Rights of Indigenous Peoples
Author: Duncan IvisonPublisher: Cambridge University Press
ISBN: 9780521779371
Category : Political Science
Languages : en
Pages : 340
Book Description
This 2001 book focuses on the problem of justice for indigenous peoples and the ways in which this poses key questions for political theory: the nature of sovereignty, the grounds of national identity and the limits of democratic theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonization in these countries nevertheless raise common problems and questions for political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the 'decolonisation' of relations between indigenous and non-indigenous peoples.
Indigenous Water Rights in Law and Regulation
Author: Elizabeth Jane MacphersonPublisher: Cambridge University Press
ISBN: 1108473067
Category : History
Languages : en
Pages : 313
Book Description
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Land in the Struggles for Citizenship in Africa
Author: Sam MoyoPublisher: African Books Collective
ISBN: 2869786786
Category : Political Science
Languages : en
Pages : 386
Book Description
The variety of land questions facing Africa and the divergent strategies proposed to resolve them continue to evoke debates. Increasingly, in response to the enduring problems of land tenure, there are land movements of all shapes and orientations, some reformist and others quite revolutionary in their agenda. However revolutionary, land movements have tended to ignore the land tenure interests of women, pastoralists, youth and indigenous people. Several of these longstanding and emerging issues in land tenure include the role of the state in land tenure reforms; urban land questions, the nature of land struggles and improvements; and, the impact of land tenure developments on particular social groups and countries. An overarching concern is the extent to which land rights are being commodified, through the conversion of land held under customary tenure systems into marketised systems. The consequences of this include growing land concentration, land tenure insecurities, diminishing access to land by various sections of society, including the poor, women and less dominant ethno-religious groups. This volume brings together different studies on Africas land questions exploring emerging land issues on the continent in terms of the wider questions of development, citizenship, and democratisation. The chapters discuss the land question through a variety of themes. Some focus on the agrarian aspects of the land questions, while others elucidate the urban dimensions of the land question.
Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh
Author: Rajkumari Chandra Kalindi RoyPublisher: IWGIA
ISBN: 9788790730291
Category : Law
Languages : en
Pages : 236
Book Description
Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.