Community Rights Research Articles

The Constitutional Right of Collective Property of Quilombola Communities and the State's Action for its Achievement in Brazil

Objective: the objective of this study is to investigate the role of the State in the processes of granting collective property titles to quilombola communities in Brazil. Theoretical Framework: the theory of coloniality of power, developed by Aníbal Quijano, guides this research. The concept of coloniality of power is related to the fact that European colonization of Latin American territories influences current power relations. It provides a basis for the development of the research, especially by contributing to the understanding of the reasons why the rights of quilombola communities have not yet been fully realized. Method: the method used is hypothetical-deductive, with the bibliographic review technique. The documentary research technique is also used, with the analysis of documents from the National Institute of Colonization and Agrarian Reform (INCRA) on the administrative processes for granting quilombola titles. Results and Discussion: the results of the research show that the administrative processes for granting collective property titles to quilombola communities in Brazil are bureaucratic and time-consuming, requiring specific legal and technical advice, which most quilombola communities do not have. In the discussions, the coloniality of power is present in state action, since most quilombola territories are not titled, despite the fact that Decree No. 4,887/2003, which regulates the territorial rights of these peoples, is over 20 years old. Research Implications: the research implies contributing to theoretical discussions regarding quilombola territorial rights. Originality/Value: which is an emerging theme in the country, with potential impact on the search for solutions to the problems of quilombola land regularization.

FORMATION OF AN EFFICIENT REGULATORY SYSTEM OF INTERNATIONAL INVESTMENT UNDER CONDITIONS OF INCREASING CHALLENGES OF SUSTAINABLE DEVELOPMENT

In modern conditions of increasing challenges of sustainable development, there is a need to create an effective system of regulation of international investment activities that would ensure economic, ecological and social balance. The article examines global flows of foreign direct investment by different groups of countries: a global trend that can be associated with economic difficulties, geopolitical crises, as well as the impact of inflation or global slowdown in production. The article reviews the investments of the TOP-10 largest economies in the world in the energy transition until 2023, as well as the EU-27 and the rest of the world. Solar and wind energy have been found to be leaders among green investments. China, the USA and the EU are actively financing large-scale projects in this area, and the fall in the cost of technology contributes to the rapid implementation of renewable energy sources In the context of this study, monitoring of the rating of countries according to the Environmental Performance Index (EPI) was carried out, which is a tool that helps to assess the success of countries in protecting the environment and achieving sustainable development, and also provides an opportunity to identify problem areas, stimulates transparency in politics and promotes the implementation of effective solutions for global environmental challenges. A general decline in EPI values among leading countries may indicate an increase in global environmental challenges. The improvement of Ukraine's position indicates progress in the implementation of environmental reforms, but the gap with the leading countries remains significant. International investment policy for attracting «green» investments has significant potential to accelerate the transition to sustainable development. The article outlines the prospects of international investment policy for attracting «green» investments; the principles of forming an effective system of regulation of international investment based on the principles of sustainable development (transparency and accountability, integration of environmental standards, protection of the rights of local communities, compliance with international standards) and its elements (development of international regulatory acts, financial incentives, monitoring and reporting mechanism, sanctions for violations) are defined).

Reconstructing Village Druwe Land Administration to Protect the Communal Land in Bali

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">The phenomenon of individualization of customary land, which is communal land, occurs in many customary law communities in Bali, such as those in Bangli and Lembang. The reason for this phenomenon is that the land administration in Bali's customary law communities only includes the names of the people who control the customary land. This makes it difficult for indigenous villages in Bali to prove their rights to the land. This research aims to analyze the weaknesses in the administration of customary land in customary law communities in Bali and also to construct an ideal customary land administration to protect the communal rights of customary law communities over their land. This research is a non-doctrinal (socio-legal) research that examines the administration of customary land in reality and the understanding of indigenous peoples regarding this matter. This research is a prescriptive research that uses primary data obtained through in-depth interviews and analyzed qualitatively. This research identifies three primary weaknesses in the administration of customary land in Bali, namely weak legal pluralism, insufficiently participatory land policies, and the existence of land administration that is not detailed. Therefore, the ideal construction of customary land administration in Bali is a change in legal politics to strong legal pluralism including changes in the conversion provisions of the Basic Agrarian Law which convert customary land to property rights, participatory land administration even up to the stage of citizen control<em> </em>and also detailed land administration including land history, land mutation, land boundaries and land stewardship.</p></td></tr></tbody></table></div>

Blocking Oil Development in Yasuní National Park: Ecuador’s Unprecedented Strides Towards Environmental Justice

This paper explores Ecuador's proposal to protect Block 43 of the Yasuní National Park from oil drilling through the Yasuní-ITT Initiative proposed in 2007. The paper will examine why the initiative failed and how community activists responded. Ultimately, it will argue that the Yasuní-ITT Initiative upheld environmental justice through its assertion of a moral economy and its potential to help Ecuador step away from oil dependency and protect the rights of Indigenous communities, particularly the two tribes living in voluntary isolation in the Yasuní region. When the initiative was terminated and Indigenous communities were not consulted in the decision to begin drilling for heavy crude oil, citizen activism and mobilization of democracy through a referendum reasserted environmental justice and Indigenous rights.

Rekonstruksi Pemaknaan Hak Masyarakat Hukum Adat (MHA) atas Hutan Adat

This article aims to analyze the rights of Customary Law Communities (MHA) over Customary Forests. The research method used is normative with a conceptual and legislative approach. The concept or theory used is the property rights theory. The results of the study indicate that MHA rights in laws and regulations only include access rights, rights to collect results, and management rights. Based on the property right theory, what MHA does not have is the right to exclude - the right to determine who has access rights or the right to determine the participation/exclusion of other parties in the area - and the right to sell or transfer rights. The researcher recommends that the only MHA rights that need to be revoked by the state in controlling customary forests are the right to sell or the right to transfer.

Unintended and overlooked consequences of exclusionary marine conservation

Abstract Marine conservation efforts, often through top-down marine protected areas (MPAs), have typically prioritized biodiversity over the needs and rights of local communities. This approach can lead to social injustices and unintended consequences, including promoting unsustainable practices and eroding traditional, sound management methods, along with the loss of cultural heritage and identity. This food-for-thought piece explores some of these overlooked ramifications of top-down MPAs, using the Tamoios MPA in Brazil and the Danube Delta Biosphere Reserve in Romania as examples. It highlights how the exclusionary nature of top-down conservation can potentially undermine or delay conservation goals. Integrating local ecological knowledge (LEK) and customary management practices into formal management can be beneficial, regardless of potential limitations and/or disconnection with recommended conservation practices. LEK can serve as a bridge between communities and conservation goals, offering insights into sustainable practices and fostering dialogue. Inclusive approaches that combine LEK with scientific knowledge and involve local communities in decision-making can be beneficial for both new and existing MPAs, especially those that may not have been established in a socially fair way. Prioritizing negotiation and active listening in conservation efforts can help achieve both ecological sustainability and social justice, providing a potentially effective approach to marine conservation.

The Extractive Industry and Its Impact on the Collective Rights of Indigenous Communities in Perú

The Extractive Industry and Its Impact on the Collective Rights of Indigenous Communities in Perú

HIV and rights for queer communities in Ghana

HIV and rights for queer communities in Ghana

Land Acquisition Mechanism for Public Interest on Traditional Land: A Study of Rempang Eco City

<p>Indonesia, as an agrarian nation, faces the complexities of land management, particularly concerning customary land. The Basic Agrarian Law (UUPA) of 1960 and Law No. 2 of 2012 regulate land acquisition for public purposes. However, their implementation often triggers conflicts among the government, private entities, and indigenous communities. The case of the Rempang Eco City serves as a vivid illustration of such conflicts, highlighting the need to balance development interests with the protection of indigenous community rights. This study employs a normative juridical method with legal and conceptual approaches. Primary, secondary, and tertiary legal materials are analyzed through literature review and documentation. An inductive approach and legal interpretation are applied to understand customary land acquisition in the context of public interest. Customary land rights (hak ulayat) are recognized under the 1945 Constitution and the Basic Agrarian Law (UUPA) of 1960, provided they do not conflict with national interests. The Rempang Eco City case reveals tensions between the recognition of indigenous rights and the demands of national development. An ideal solution must prioritize deliberation, the acknowledgment of indigenous rights, and fair compensation for indigenous communities, adhering to the principles of social justice and sustainable development.The Rempang Eco City project underscores the importance of recognizing indigenous rights in land acquisition processes. Indigenous community participation, transparent consultations, and fair compensation are crucial steps to prevent conflicts. Therefore, a justice-based approach that emphasizes social welfare and human rights protection must take precedence in the process of acquiring customary land for public purposes.</p>

STRATEGI PENYELESAIAN KONFLIK PENGUASAAN LAHAN DALAM KAWASAN HUTAN DI DESA SOLAN KECAMATAN JARO PADA WILAYAH KPH TABALONG

The Permanent Production Forest (HP) area in the Tabalong Regency area has an area of ± 44,759 ha which is a forest area in the Tabalong KPH management area. The administrative designation of this Forest Area is in Solan Village, Jaro District. In this area there are problems related to conflicts over land use and claims in locations whose status is still production forest areas. The Solan Village area which is within the Permanent Production Forest (HP) area covers an area of 4,161.2731 ha. In some areas, the Solan Village community uses the area for housing, public facilities and plantations. The area of Solan Village which is outside the forest area is 87,377 ha. The results of the questionnaire showed that 50% of respondents were not aware of the government's determination of forest area status and the boundaries of forest areas in their area. The community considers that the land belongs to them because it has been owned for generations. For this reason, it is necessary to carry out mapping regarding area control conflicts and re-arrangement of forest area boundaries in the Tabalong KPH area which aims to inventory land control problems and community rights to forest areas as well as safeguard and protect designated forest areas. Socialization and the presence of officers are important components to bring awareness and understanding to the community about forests and forest areas, so that conflicts over control of forest areas can be eliminated.

Tinjauan Yuridis Putusan Hakim Mengenai Perbuatan Melawan Hukum dalam Sangketa Pertanahan Pada Putusan Kasasi Mahkamah Agung Nomor 4655 K/PDT/2023

The Supreme Court's decision in Case No. 4655 K/Pdt/2023, which involves a land ownership dispute between PT Sarana Subur Agrindotama and H. Muhammad Noor alias Amat Iras, serves as an important reference in the development of agrarian law, particularly regarding the ownership of Right to Cultivate (HGU) certificates in Indonesia. This dispute addresses unlawful conduct in the form of land control that is inconsistent with applicable legal principles, specifically regulated in Article 1365 of the Indonesian Civil Code (KUHPer). Through an analysis of legal considerations and presented evidence, the Supreme Court decisively ruled on the rights and ownership boundaries involving HGU and individual rights to land. This article explores the implications of this decision, including its impact on legal protection for HGU holders and community rights to land, and examines the decision's influence on future land management in Indonesia.

Regulations on the Determination of Abandoned Land Objects for the Land Bank in the Context of Realizing Agrarian Reform

Constitution is the highest basic norm that regulates various aspects of a country's life, including the relationship between state institutions, government, and citizens. In Indonesia, the constitution is known as the 1945 Constitution, which before the amendment only limitedly regulated rights to land and natural resources through Article 33 Paragraph (3). After the amendment, these rights were regulated more firmly, including the recognition of the rights of indigenous peoples and the right to control the state. The regulation of abandoned land is also discussed in the Basic Agrarian Law (UUPA) and PP No. 20 of 2021, which expands the objects of regulation to abandoned land and abandoned areas. Abandoned land can be used as an asset of the Land Bank, an institution formed by the government to manage land optimally. However, the existence of the Land Bank raises concerns regarding legal uncertainty and inequality in land ownership, especially because its broad authority has the potential to ignore the rights of small and indigenous communities. Legal certainty and justice in land distribution must be guaranteed to prevent abuse of power, as well as to fulfill the goals of agrarian reform and community welfare. The method used in this research is a normative legal research method, which is applied to examine regulations related to the Land Bank. This research aims to achieve results that The Land Bank, regulated by PP No. 64 of 2021, aims to manage abandoned land for investment and agrarian reform (TORA), but its implementation risks agrarian inequality, legal uncertainty, and conflicts due to potential dominance by investor interests and deviations in the interpretation of the State's Right to Control (HMN). To achieve equitable, sustainable, and beneficial land use, regulations must be reformed to prioritize justice, transparency, and accountability, ensuring the Land Bank supports small farmers and the public interest in line with Article 33 of the 1945 Constitution and the UUPA.

THE RIGHTS OF NATIONAL AND RELIGIOUS COMMUNITIES UNDER THE CONSTITUTIONS OF INTERWAR LITHUANIA (1918–1940)

16 February 1918 The Council of Lithuania proclaimed the act of full independence of Lithuania. However, the country managed to get a chance for freedom only after the end of the First World War (1914–1918). For Lithuania, however, the World War transformed into the War of Independence (1919–1923). The young country was confronted by new imperial geopolitical projects. The success of the struggle of the Lithuanian people and army led to the establishment of the state’s independence and its gradual recognition in the international arena. Representatives of various ethnic groups that had long-lived in the country took an active part in the struggle for a free Lithuania and the development of its state institutions. Often, ethnic communities were distinguished by their belonging to different religious traditions. In this article, we aim to examine how the issue of the rights of national minorities and religious organisations was covered in the constitutions of Lithuania in the interwar period. In this research, we analyse the provisions of the entire range of relevant normative documents, namely, the provisional constitutions of 1918, 1919, 1920; the constitutions of 1922, 1928, 1938. In addition, the focus of our investigation is on the rights of ethnic and religious communities in the Klaipeda region, according to the Paris Convention and the Memel Statute of 1924, attached to it. We have also paid attention to the aspect of the draft monarchical constitution of Lithuania of 1918. Such an analysis is carried out for the first time in the framework of Ukrainian Lithuanistic studies. It is relevant both to the study of the history of the interwar Lithuania (1918–1940) and the history of the state and law of the Baltic States of the same era. This determines the relevance of our work.

The Concept of Legal Protection of Intellectual Property Rights of Traditional Jamu Communal Rights in Central Java

This study aims to describe and provide empirical evidence regarding the legal protection of intellectual property rights for traditional herbal medicines based on communal rights in Central Java and to formulate the concept of legal protection for traditional herbal medicines based on communal rights. Theoretical Framework: This study uses the Theory of Legal Protection and the Theory of Defensive Protection to provide solutions to phenomena that occur in the field. It employs a purposive technique in sampling. The empirical concept is still known in legal research. Legal research views law in the scope of non-formal institutions and tries to understand legal behavior (the living law) in the context of social reality, legal protection of traditional herbal medicine, and also in the context of the reality of society that lives in groups and together. The findings of the study explain that Traditional Herbal Medicine Nguter, which is made and produced by the Nguter Local Community consisting of Herbal Medicine Business Actors, the Nguter Herbal Medicine Market, and also the Indonesian Herbal Medicine Cooperative, Kroya District, Cilacap Regency, Mijen District, Semarang City, and enjoyed by consumers in Nguter District, shows that traditional herbal medicine is a concoction that has been produced for generations and used by the Local Community. The existence of herbal medicine has its significance; however, it has not been optimally protected by the law by the State in the perspective of Intellectual Property Rights. The concept offered is legal protection for traditional herbal medicine as traditional knowledge by using the Defensive Protection concept, which is based on the fulfillment of communal rights. In this perspective, protection is achieved by publishing traditional herbal medicine openly, which can be accessed by Patent Examiners in Indonesia and abroad. The name of the publication is the Traditional Medicine Digital Library.

L’evolution du concept de propriete chez les peuples de Côte d’Ivoire au XXe siecle

In pre-colonial Africa, societies were governed by traditional systems that had adopted a very different concept of property from that prevailing in European countries governed by Roman law. In Africa, property is a value as much as a good, a link that connects man and divinity, a right that is part of a multitude of lineage and community rights: everyone can therefore obtain uses for the value, but no one can, strictly speaking, claim to own it, dispose of it, sell it or destroy it. When the French coloniser made Côte d'Ivoire a colony (1882), he investigated traditional rights according to his own legal categories and regimes, in order to modify the African concept of property. This article, based on the French colonial surveys of 1901-1902 and recent personal surveys (2022-2023), seeks to understand how the French coloniser sought to introduce the French concept of property and to measure the extent to which the Baule peoples, especially the Baule of Koliakro, have resisted the modern concept of property to this day.

Interaction between National and Local Governments in Rural Revitalization of China

The article examines the specifics of the interaction of rural working group sent by the Communist Party of China to rural areas with local party bodies and rural self-government; analyzes the selection mechanism and staffing requirements of such groups. Rural working group are an important institutional mechanism by which the party pursues its political line in rural areas. In different historical periods, the content of work in villages and the focus of assistance have changed. Such changes reflected to a certain extent the relationship between the rights of the rural community and the state authorities, as a result of which the village management structure was in a state of constant debugging. After the completion of the formation of a moderately prosperous society in all respects, the criteria for the selection and evaluation of personnel for working group on rural development sent to villages became more stringent. Despite the symbiotic relationship between rural groups and rural "two committees" (the local government committee and the local CPC committee) from the point of view of institutional norms, the specific practice of their interaction has a number of problems, among which are blurring in the distribution of powers and responsibilities, contradictions in the motivations of the activities of workers' working group on rural development and local "two committees". In this regard, rural target groups face a twofold task. First, they must comprehensively and correctly integrate into the daily activities and life of the village in order to build harmonious relations with farmers and rural "two committees". Secondly, such groups should pay more attention to two-way communication with organizations and institutions responsible for the mission of the task force to rural areas; do not hide the difficulties in their work and inform the leadership of the structures that sent the task force to the village about the problems that arise in order to receive all the necessary sufficient assistance.

Is science for everyone? bioethical challenges of current editorial practices

As Drumond Rennie put it, ‘Science does not come alive until it is shared publicly’ (1998), emphasising that the rapid advancement of scientific research requires its efficient and rigorous dissemination both to encourage the development of new strategies and to avoid duplication of effort and resources. The current model of scientific and technological research is facing a significant challenge: the cost associated with publishing its results. It is now increasingly common for publishers to impose fees on the scientific community to publish their results, generating debate about the impact of this practice on the fairness of scientific dissemination. Requiring researchers to pay publication costs would limit or exclude research from countries with limited resources, creating significant barriers to the dissemination of knowledge. It has been estimated that costs in some cases are up to ten times higher than what is considered adequate to cover the actual costs of publication (Grossmann & Brembs, 2021). This mismatch raises questions about the justification for such fees and the benefits to funders, given that the funds are often public, or even come from researchers' own pockets. Moreover, this current model supports a highly lucrative publishing industry, valued at approximately $10 billion (Global $10B Scientific & Technical Publishing Industry Report, 2019-2023), and is possibly one of the main causes of the emergence of so-called Predatory Journals. These journals, sometimes described as fraudulent, appear to be legitimate journals, but in reality distort certain publication practices, with a purely profit-driven ultimate purpose (Elmore & Weston, 2020), representing an ethical violation by exploiting the need of researchers for financial gain without providing true scientific value. Given the current landscape, it is crucial to reflect on how these practices affect equity in the dissemination of scientific knowledge?, and how publishing power can limit the dissemination of research on specific pathologies in emerging countries, restricting the right of communities to access crucial information and develop effective public health policies?. Undoubtedly, equity of access to and distribution of scientific knowledge is a fundamental principle that must be strongly defended. Paying high costs for scientific and technological publication not only jeopardises equal opportunities for researchers from regions with fewer resources, but also affects fairness in the distribution of knowledge. This economic barrier can result in a systematic exclusion of relevant perspectives and data from emerging countries, deepening inequalities and limiting global progress in critical areas such as public health. Consequently, there is a need to re-examine the current publication model to ensure that science continues to advance in a way that is fair and accessible to all, and to ensure that information vital to public health and scientific progress is not restricted by economic barriers, but is based on principles of fairness and transparency. Indeed, the scientific community must work together to promote the dissemination of knowledge in a manner that is accessible, equitable and free from harmful practices.

Challenges and Legal Certainty of Land Rights for the Bajo Tribe in the Context of SDG 15: Perspective of Building Use Rights and Ownership Rights

Objectives: This study aims to analyze and determine the legal certainty of land rights for the Bajo tribe, which lives in the sea waters. In line with Sustainable Development Goals (SDG) 15, which promotes sustainable use of ecosystems and the rights of indigenous communities, this study highlights the importance of securing the Bajo Tribe’s land rights. Method: The research method used is empirical legal research, which uses empirical facts taken from human behavior. The collected data were analyzed using qualitative legal analysis methods, and the results were presented using descriptive-analytical methods. Results and Discussion: The conclusions from this research show that the Bajo Tribe has a legal basis for obtaining legal certainty over the area where they live. The state now recognizes the Bajo Tribe community, which lives on the sea, by issuing HGB certificates. It has a maximum period of 30 years and can be extended for 20 years. Furthermore, HGB can be upgraded to Freehold Rights by applying with the provision that the HGB is still valid or has expired and in the name of the rights holder who is still alive or deceased.

Group-differentiated rights for Indigenous communities that straddle borders

ABSTRACT This paper examines the normative justification for special rights for Indigenous peoples whose traditional territories straddle contemporary international borders. Examining the Mohawks of Akwesasne (Quebec, Ontario, and New York state) and the Tohono O’odham (Arizona and Sonora, Mexico) as cases, I demonstrate how state claims to territorial jurisdiction and border regulation often interfere with the lives of Indigenous people whose social, cultural, economic, spiritual and political practices and relationships cluster across contemporary international boundaries. Through the concept of group occupancy interests, I argue that members of Indigenous nations whose territories straddle borders possess special rights to access and use lands presently claimed by states of which they are not recognized citizens. Moreover, I demonstrate how border-straddling Indigenous nations challenge the unlimited sovereignty of contemporary states with respect to border policy: the occupancy and self-determination interests of Indigenous peoples may ground the moral rights of their communities to co-manage international border crossings with states. Finally, I argue that collective interests in cross-border political identities and self-determination can ground the rights of Indigenous peoples to form unified cross-border jurisdictional units that demand recognition by states, alongside the rights of Indigenous peoples to regulate group membership.

Unheard Voices: Analyzing Non-Compliance with the FPIC Principle in Protecting Indigenous Peoples’ Rights in Indonesia

This study aims to investigate the implementation of the Free, Prior, Informed, and Consent (FPIC) principle as a measure to protect the rights of indigenous communities in Indonesia, by analyzing Decision No. 6/G/LH/2023/PTUN.JPR. In Indonesia, indigenous communities still seem to be overlooked, as their right to make decisions about projects within their traditional territories remains unacknowledged. This situation calls for urgent discussion, as violations of indigenous rights continue to occur, despite such rights are protected by the Constitution of the Republic of Indonesia. This research employs a normative legal approach. The findings, derived from Decision No. 6/G/LH/2023/PTUN.JPR, indicate that the Defendant proceeded to issue the disputed object without facilitating any discussion among the government, company, and the indigenous community. Furthermore, the Second Intervening Defendant failed to include the Plaintiff in the Environmental Impact Assessment (Amdal) process. Additionally, the panel of judges issued a decision that did not adhere to the Guidelines for Adjudicating Environmental Cases. These actions collectively contravene the principle of Free, Prior, and Informed Consent (FPIC), which is mandated by both international and national legal frameworks, underscoring the importance of obtaining consent and ensuring participation from indigenous communities.