Alienation of the Lands of Indigenous Peoples PDF Download

Author: Shapan Adnan
Publisher:
ISBN: 9789843334947
Category : Chittagong Hill Tracts District (Bangladesh)
Languages : en
Pages : 186

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Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9004323252
Category : Law
Languages : en
Pages : 349

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Book Description
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. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights

Author: Walter Fernandes
Publisher: IWGIA
ISBN: 8791563402
Category : India
Languages : en
Pages : 2

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Studies the processes that result in tribal land alienation and the consequent conflicts.

Author: Rajkumari Chandra Kalindi Roy
Publisher: IWGIA
ISBN: 9788790730291
Category : Law
Languages : en
Pages : 236

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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.

Author: Madhushree Sekher
Publisher: Springer Nature
ISBN: 981329759X
Category : Political Science
Languages : en
Pages : 263

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This book analyses and discusses the multiple dimensions of social exclusion/inclusion seen in South Asia. It not only captures how ‘social exclusion’ is intrinsic to deprivation or deprivation in itself, but also the processes of political engagement and social interactions that the socially excluded develop as strategies and networks for their advancement. Consequently, the book goes beyond structures or agency, and examines the question of a more dynamic approach to provide spaces for the ‘socially excluded’ to self-manage exclusion, thereby raising discussions around the contested positions that underlie development discourse on social inequality. While social exclusion linked to identities is studied, the book argues that hierarchies and inequalities based on social identities cut across and affect various groups of excluded. Consequently, these phenomena create or lead to various processes of exclusion. The book illustrates that social exclusion should not be limited to privileging the differences that characterize the exclusionary processes, but should also comprise underpinning strategies of ‘inclusion’, emphasizing the need to focus on imperatives ‘to include’. As a result, the book acknowledges that social exclusion is not limited to analyzing the different identities that face exclusion, but also understanding the systems and processes that create social exclusion, or create opportunities for inclusion of the excluded.The book addresses readership across academic disciplines (including in the growing field of state capacity and governance), and practitioners (administrators and policy-making communities). Conclusively, the book, provides a platform to intensively exchange the multifaceted and critical issue of social exclusion/inclusion, and thus contributes to inclusive sustainable development discourse.

Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352

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Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

Author: la paperson
Publisher: U of Minnesota Press
ISBN: 1452954100
Category : Education
Languages : en
Pages : 107

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Book Description
A Third University is Possible unravels the intimate relationship between the more than 200 US land grant institutions, American settler colonialism, and contemporary university expansion. Author la paperson cracks open uncanny connections between Indian boarding schools, Black education, and missionary schools in Kenya; and between the Department of Homeland Security and the University of California. Central to la paperson’s discussion is the “scyborg,” a decolonizing agent of technological subversion. Drawing parallels to Third Cinema and Black filmmaking assemblages, A Third University is Possible ultimately presents new ways of using language to develop a framework for hotwiring university “machines” to the practical work of decolonization. Forerunners: Ideas First is a thought-in-process series of breakthrough digital publications. Written between fresh ideas and finished books, Forerunners draws on scholarly work initiated in notable blogs, social media, conference plenaries, journal articles, and the synergy of academic exchange. This is gray literature publishing: where intense thinking, change, and speculation take place in scholarship.

Author: Chris Arnett
Publisher: Burnaby, B.C. : Talonbooks
ISBN:
Category : History
Languages : en
Pages : 400

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Book Description
An extensively detailed reconstruction of the war between the Northwest Coast Natives and Vancouver Island's colonial government.

Author: Jonathan Liljeblad
Publisher: Routledge
ISBN: 1351234897
Category : Social Science
Languages : en
Pages : 247

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Book Description
Much previous literature on sacred natural sites has been written from a non-indigenous perspective. In contrast, this book facilitates a greater self-expression of indigenous perspectives regarding treatment of the sacred and its protection and governance in the face of threats from various forms of natural resource exploitation and development. It provides indigenous custodians the opportunity to explain how they view and treat the sacred through a written account that is available to a global audience. It thus illuminates similarities and differences of both definitions, interpretations and governance approaches regarding sacred natural phenomena and their conservation. The volume presents an international range of case studies, from the recent controversy of pipeline construction at Standing Rock, a sacred site for the Sioux people spanning North and South Dakota, to others located in Australia, Canada, East Timor, Hawaii, India, Mexico, Myanmar, Nigeria and the Philippines. Each chapter includes an analytical introduction and conclusion written by the editors to identify common themes, unique insights and key messages. The book is therefore a valuable teaching resource for students of indigenous studies, anthropology, religion, heritage, human rights and law, nature conservation and environmental protection. It will also be of great interest to professionals and NGOs concerned with nature and heritage conservation.

Author: Tom Flanagan
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773581847
Category : Social Science
Languages : en
Pages : 313

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The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.