Rights Of Indigenous Peoples Research Articles

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This study investigates the application of the Collective Benefit, Authority to Control, Responsibility, and Ethics (CARE) principles to the indigenous health data collected by the Secretariat of Indigenous Health (SESAI) in Brazil. Initially, the context of indigenous health policies in the country is discussed, highlighting the importance of integrating the Unified Health System (SUS) with indigenous policy to promote access to health for all. The research focuses on the need to align SESAI's data with the CARE principles, aiming to promote transparency and data availability for scientific research. Using a quantitative approach with exploratory aspects, the methodology included a bibliographic and documentary analysis to understand the CARE principles and propose strategies for aligning SESAI's data. The results indicate a growing interest in the topic, although there are gaps in data availability and in recognizing the rights of indigenous peoples over their data. The study initiated data processing, prioritizing the CARE principles, with the data made available in a geolocated tool. It concludes that the CARE Principles should guide future data collection and processing, supporting transparency and access to indigenous health data within the context of open government.

Corporate Ethics and Indigenous Rights: Analyzing the Impact of Vale S.A.'s Mining Operations in the Brazilian Amazon

This work conducts a study on the ethical and cultural implications of the mining operations of Vale S.A. in the Brazilian Amazon with a special view on the indigenous communities. The major portion of this giant company’s work is done in ore production, which has caused mass deforestation, water pollution, and breach of land rights of the indigenous people. The company has failed to abide by international ethical mandates, including Free Prior Informed Consent (FPIC) and Corporate Social Responsibility (CSR). The work explained that the company has not abode by international ethical mandates as incorporated in United Nations Global Compact (UNGC) and United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The case study reports not exclusively the environmental hazards provoked by the mineral extractions of Vale but equally the socio-cultural devastation experienced by the native populations most notably the Yanomami. It also puts forward some actionable recommendations, which consist of implementing the FPIC, working with indigenous communities as stakeholders, and undertaking corporate governance reforms that zero in on more accountability. This case should practically serve as a wake-up call to businesses working in very sensitive areas to bring their practices in line with global ethical standards of ensuring that development is not achieved at the expense of marginalized communities.

The Role of Customary Law in the Development of National Law in the Modern Era

Customary law plays an important role in the development of national law in Indonesia, especially in the modern era marked by globalization and modernization. Customary law serves as a reflection of the rich and diverse local cultural values, and plays a role in various aspects of community life, including the resolution of rescue, management of natural resources, and protection of the rights of indigenous peoples. In the era of decentralization and regional autonomy, customary law is increasingly recognized in local policies and becomes an important instrument in maintaining the unique legal identity of each region. Formal recognition of customary law is also reflected in various national regulations, such as the Law on Villages and the Basic Agrarian Law, which accommodate customary law in facing the challenges of modernization and globalization, customary law must adapt to the modern era

The global implementation of UNDRIP: a thematic review

ABSTRACT Following almost 25 years of work, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the United Nations General Assembly in 2007. UNDRIP has been widely recognised as an authoritative statement of human rights norms concerning Indigenous peoples around the world. However, meaningful implementation of UNDRIP has been slow. To better understand the pace and challenges facing implementation, we identify and analyze four key recurring themes that emerge from the growing literature on this topic. This includes (1) Indigenous self-determination versus state autonomy as a driver of potential conflict; (2) the meaning of Free, Prior, and Informed Consent (FPIC) in the context of UNDRIP; (3) the nexus between land, culture, and self-determination; and (4) Western/Global North influence over non-Western/Global South state implementation of UNDRIP. We examine several specific examples from across the globe to reveal the continuities and discontinuities across these four themes. The article concludes by offering ideas on how the limits of the present study and wider literature on UNDRIP might be rectified. That is, by incorporating a greater number of Indigenous perspectives on UNDRIP and adding more studies of governance and implementation challenges encountered in countries located in the Global South.

Kuasa Eksklusi dalam Pembangunan Geothermal di Desa Ulubelu, Kecamatan Golewa, Kabupaten Ngada

The research with the title Power Of Exclusion in Geothermal Development in Ulubelu Vilage,Golewa District, Ngada Regerency is motivated by the development of the Mataloko Georhermal Power Plant (PLTPB) with a formulation of How the power of exclusion is Particed Regarding Regulation,coercion, markets and legitimacy in the dimensions of power John Gaventa with the aim of exsplaning the practice of exclusionary power,in order to differentiate this proposal, the researcher used Tania Muray Lii research theory of exclusionary power by elaborating on John Gaventa three dimensional theory of power. The research method used in writing this proposal is descriptive qualitative. The research method used in this research is in the form of excluded local communities in the case limiting community access to land and natural. Resources project regulations energy as a central government initiative and regional government support and coercive power as an exclusionary strategy as well as the market as e vehicle for exclusionand supported by legitimasi which is used as a mode of geothermal development. Resources project regulations energy as a central government initiative and regional government support and coercive power as an axclusionary strategy as well as the market as a vehicle for exclusion and supported by legitiasi which is used as a mode of the geothermal development. The complexcity of the power dynamics the occur and the interactions between various kinds of intersests in the power dynamics the occur in the context of geothermal development. The analysis uses lii (2011) social exclusion theory framework and John Gaventa (2006) 3 dimensional theory of power to provide an In depth understanding of exclusion that exixts in society. Not a few people have lost access to land and land and to agricultural land as well as the implementation of authotharian regulations without considering the local context. This research shows that even though geothermal energy is clean, the development procces can create or worsen social injustice if it is not managed well. The implicatins of these findings are the need for WKP policy reform that takes into account the right of indigenous peoples, fair compensation mechanisms and transparent decision making processes that involve the entire community as well as aducational programs to increase public understanding of community rights.

Between plunder and shock

This document highlights that the Peruvian State took advantage of the pandemic as an opportunity to infringe upon the rights of indigenous peoples by accelerating the prior consultation processes in the mining sector, thus violating rights recognized in its own legislation and the jurisprudence of the Inter-American Court. The analysis of consultation processes (2020-2022) evidenced (I) lack of accessibility, as the State used legal Spanish in all process documents, despite the fact that in 77.7% of the communities, over 80% of the population had an indigenous language as their mother tongue; (II) lack of good faith, as 88% of the cases had stages shortened and the intercultural dialogue stage excluded; and (III) the failure to aim at reaching an agreement, using less time and recording only a matrix of agreements from one community.

Russia’s Ministry of Justice Decision to Label 55 Organizations as Extremists: Implications for the Rights of Indigenous Peoples of Russia

On 7 June 2024, the Supreme Court of the Russian Federation fulfilled the demand of the Ministry of Justice to label 55 organizations, including those advocating for the rights of Indigenous peoples, as extremists. This decision has triggered significant anxiety among Indigenous communities and human rights activists. This article examines the nature of this decision, the definitions of extremist and extremist organizations under the Russian law, and the implications of this decision for the rights of Indigenous peoples in Russia.

Legal Protection and Rights of Indigenous Peoples: Legal Certainty in Managing Natural Resources

<p><em>Indigenous peoples possess traditional rights to natural resources within their territories, yet these rights are frequently overlooked or marginalized due to inadequate policies and regulations. This research aims to examine the legal protection of the Baduy tribe's rights in managing natural resources and to explore how legal certainty can be achieved in this regard. Utilizing a normative juridical approach, the study analyzes relevant laws and regulations pertaining to indigenous rights and state-provided legal protection. The findings reveal that the recognition and protection of customary law communities in Indonesia highlight the state's commitment to supporting social entities with autonomy over their lives. Despite the pressures of modern integration, indigenous peoples continue to uphold their identity, traditions, and customary rights. Legal acknowledgment of these rights is enshrined in the 1945 Constitution and various laws, including Law No. 5 of 1960 on Agrarian Affairs, Law No. 4 of 2009 on Mining, Law No. 41 of 1999 on Forestry, and Law No. 7 of 2004 on Water Resources. However, effective implementation is often hindered by regulations that do not adequately address customary rights. While Constitutional Court Decision No. 35 of 2012, which recognizes customary forests as belonging to indigenous communities, represents significant progress, challenges persist. The need for revisions to create more inclusive laws or regulations is pressing. For the Baduy tribe, Lebak Regency Regional Regulation (Perda) Number 32 of 2001 on the Protection of Ulayat Rights is a critical development. This regulation offers legal certainty and safeguards their traditional rights, including customary land and natural resources, and tackles issues like illegal logging and forest encroachment. By acknowledging local wisdom and customs, this regulation aims to preserve Baduy culture and enhance security and social stability in their area.</em></p>

Navigating Indigenous Data Sovereignty: A Decolonizing Approach to Understanding Opioid Use Amongst First Nations in Manitoba

First Nations (FN) and Indigenous Peoples around the world face significant challenges in navigating the complexities of Western research systems, particularly in the context of data sovereignty and research about their people and communities; the same can be said for Western researchers navigating Indigenous research space. We examine the intersection of Western research and FN data to explore opioid use amongst FN in Manitoba and highlight the ethical imperative of utilizing decolonizing frameworks when working with Indigenous data. Indigenous researchers led a retrospective cohort study linking the Manitoba FN research file to population-level data held at the Manitoba Centre for Health Policy. We centred Indigenous voices, knowledge, protocols, and contextually informed interpretation and fostered meaningful partnerships with academic researchers to ensure we utilized robust statistical methods while prioritizing community-driven questions, needs, and aspirations. Study period from 2015 to 2019 and included all Manitobans eligible for Manitoba Health Services. We found downward trends in opioid-related use, dispensation, hospitalization, and mortality rates for both FN and all other Manitobans (AOM), but a significant gap was found between FN and AOM for most indicators. Indigenous governance, ownership, engagement, collaboration, reciprocity, and respect for cultural and intellectual property rights are key concepts in ethical research practices that prioritize Indigenous self-determination and data sovereignty. We underscore the transformative potential of Indigenous-led research and use of decolonizing frameworks in fostering community empowerment to address opioid use in First Nation communities. We upheld the rights of Indigenous peoples to govern their data and undertake their own research.

THE UNSEEN GUARDIANS OF LAND: INDIGENOUS COMMUNITIES, ENVIRONMENTAL LAW AND THE PATHWAY TO SUSTAINABLE COEXISTENCE

Indigenous communities have since long been stewards of the land, possessing a deep understanding of their local ecosystems and practicing sustainable ways of resource management. However, their role as unseen guardians of the environment is often overlooked by mainstream society. This article delves into the crucial role of indigenous communities in environmental stewardship and explores how integrating indigenous knowledge with contemporary environmental law can pave the way for sustainable coexistence between humans and nature. Key legal instruments, such as the International Labour Organization (ILO) Convention No. 169 and the United Nations Declaration on the Rights of Indigenous people (UNDRIP), recognize Indigenous rights, yet inconsistent implementation continues to pose challenges. This paper examines the global significance of Indigenous-managed lands, which cover 22% of the Earth’s surface, and how international agreements, like the Paris Climate Accord, acknowledge their contribution to environmental preservation. National legal frameworks, such as India’s Forest Rights Act (FRA), 2006, and the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, highlight both opportunities and obstacles for Indigenous communities in protecting their lands. Case studies from Yellowstone National Park (USA), the Amazon Rainforest (Brazil), and the Great Bear Rainforest (Canada) are explored to demonstrate the successes and ongoing struggles in collaborative conservation initiatives. The paper argues that environmental laws must respect Indigenous sovereignty, safeguard their traditional lands, and incorporate Indigenous knowledge systems. By emphasizing the importance of legal reforms and environmental justice, this research advocates for inclusive decision-making processes that ensure Indigenous communities can actively participate in sustainable coexistence efforts. Overall, the paper concludes that empowering Indigenous communities through stronger legal protections and collaborative conservation strategies is crucial for both environmental sustainability and cultural preservation.

Tracy C. Davis. Liberal Lives and Activist Repertoires: Political Performance and Victorian Social Reform

Tracy C. Davis’s Liberal Lives provides a detailed and materially grounded analysis of the tactics of three Victorian activists, revealing the central role of performance in their campaigns against slavery, and to protect and extend the rights of women and Indigenous peoples around the world.

The Indigenous People of Biafra's (IPOB) Self-Determination Movements and the Role of the United Nations.

This study examines “The Dynamics of Self-Determination Movements and the Role of the United Nations: A Case Study of the Indigenous People of Biafra (IPOB) in Nigeria.” The UN's lack of action and formal recognition of IPOB's agitation has undermined the protection of the rights of indigenous people in Nigeria, particularly the Igbo community. The study adopts a qualitative methodology, utilising a time-series research design and documentary analysis of credible secondary sources, including international NGO reports and UN documents. The theoretical framework employed is the Theory of Social Constructivism, which posits that the actions of states and international organizations are shaped by socially constructed norms, ideas, and identities. One key finding is that the UN's indifference can be attributed to complex political dynamics, member states' economic interests, and the prioritisation of territorial integrity over self-determination claims. It is recommended, inter alia, that the UN establish an independent commission or a special rapporteur to investigate allegations of human rights violations against IPOB members and the Igbo community, and hold the Nigerian government accountable for any violations.

Scientists and scientific journals should adhere to ethical standards for the use and reporting of data from Indigenous people.

Internationally, governments and scientists are bound by legal and treaty rights when working with Indigenous nations. These rights include the right of Indigenous people to control the conduct of science with Indigenous nations. Unfortunately, in some cases, individual scientists and scientific teams working with biological and genetic data collected from Indigenous people have not respected these international rights. Here, we argue that the scientific community should understand and acknowledge the historical harms experienced by Indigenous people under the veil of scientific progress (truth) and implement existing standards for ethical conduct of research and sovereign control of data collected within Indigenous communities (reconciliation). Specifically, we outline the rationale for why scientists, scientific journals and research integrity and institutional review boards/ethics committees should adopt, and be held accountable for upholding, current international standards of Indigenous data sovereignty and ethical use of Indigenous biological samples.

Free, Prior, and Informed Consent Principles as Indigenous Peoples’ Right: Soft Law or Hard Law?

Ensuring conformity between national laws and international law principles is crucial for states, particularly concerning the adoption of the Free, Prior, and Informed Consent (FPIC) principle to safeguard the natural resource rights of Indigenous Peoples. Numerous development initiatives proceed without indigenous consent, resulting in significant harm. Policies impacting indigenous communities should be established through prior consultation and their explicit endorsement to align with local wisdom and values. This paper explores the imperative to reevaluate the FPIC principle within legal frameworks. Using both conceptual and statutory analyses, it assesses whether FPIC constitutes a binding obligation with legal ramifications that necessitate incorporation into national law (hard law) or remains a non-binding guideline (soft law). The State’s role in implementing this principle to shield indigenous groups from detrimental development projects affecting their natural resources and cultures is scrutinized. The foundational ethos of FPIC is rooted in defending Indigenous Peoples’ entitlements to natural resources. Lastly, legislative recommendations are offered to define FPIC as a legal norm, ensuring legal certainty and guiding judicial decisions in upholding these rights

Reassessing State Responsibility for Indigenous Rights to Natural Resources Based on Justice Principle

Indigenous peoples' existence is intrinsically linked to their customary rights, with significant disputes arising over the formal recognition of these rights. However, conditional or partial legal recognition frequently disadvantages indigenous communities. The state has a responsibility to uphold the rights of indigenous peoples, necessitating regulations that effectively safeguard their land rights. This article examines the recognition and fulfilment of indigenous peoples’ rights to natural resources through legal analysis, conceptual frameworks, and case studies. The findings indicate that since 1998, there has been a governmental intent to formally recognize indigenous rights to natural resources, as reflected in various laws and regulations. However, the implementation of these rights has been challenging due to ambiguities in the 1945 Constitution and the related regulations. Effective fulfilment of Indigenous land rights must adhere to key principles, including recognition of jurisdictional areas, the right to self-determination, Indigenous consent, community involvement, and the provision of fair compensation

Securing the Rights of Indigenous Peoples: The Case of Taiwan and Hunting

Securing the Rights of Indigenous Peoples: The Case of Taiwan and Hunting

VALUING INDIGENOUS RIGHTS OVER FOREST GOVERNANCE IN SIX ASEAN MEMBER COUNTRIES

Indigenous forests and indigenous communities have always shared a deep emotional, spiritual, and practical bond. This paper aims to methodically examine the relationship between the level of rights held by indigenous people concerning indigenous forest governance and the ability of the indigenous community in ensuring the long-term viability of its ecosystems. Concurrently, in examining and discussing these issues it is hoped that it can also contribute to the survival of the indigenous people in the future. The elucidation of indigenous people’s rights in the context of indigenous forest governance is based on the empirical scrutiny of the study hypotheses, utilizing the Sikor et al. type of rights. A quantitative analysis through Somer analysis was also carried out on the comprehensive secondary data sets obtained from six selected ASEAN member countries. The findings show that the six selected ASEAN member countries have not yet been granted the third level of rights for indigenous peoples with regard to indigenous forest governance. The statistical evidence strongly suggests the urgent need in these countries to grant indigenous people rights over indigenous forest governance, both within a legal framework and in practical implementation, particularly at the definitional and allocative level of rights. The absence of such rights at the highest levels raises significant concerns about the sustainability of indigenous forests and the welfare of indigenous people across the observed ASEAN member countries.

The World Heritage Convention, human rights and Indigenous Peoples

This article discusses how the World Heritage Convention contradicts and coalesces with rights to culture and rights of Indigenous Peoples as asserted in international law. It describes the origin and universalistic aims of the Convention, and how the Convention’s state-centrism and Eurocentric heritage discourses have stymied the equitable participation of Indigenous Peoples in World Heritage conservation. However it also asserts that a broadening conceptualisation of World Heritage value alongside an increasing focus on synchronicity with human rights can enable recognition and protection of Indigenous Peoples’ worldviews, rights and cultural continuity under an international legal framework. Finally, the article examines the variance among states parties and the World Heritage Committee in upholding human rights standards, using case studies of five World Heritage sites: Budj Bim Cultural Landscape, Australia; Pimachiowin Aki and Wood Buffalo National Park, Canada; the Kenya Lake System in the Great Rift Valley, Kenya; and Kaeng Krachan Forest Complex in Thailand. The article concludes that despite the rights-based turn of recent years, the World Heritage system remains inconsistent in its adherence to international human rights standards.

US State and Territorial Indigenous Consultation Laws: A Potential Strategy to Improve the Social Determinants of Health.

The United Nations (UN) has articulated the right to self-determination as a human right for Indigenous people; however, US states and territories have been slow to operationalize this aspect of the UN Declaration on the Rights of Indigenous Peoples. Indigenous consultation laws require all federal executive agencies to consult with tribal nations before implementing policies that have a "tribal implication," and these form the cornerstone of US efforts to implement the UN Declaration on the Rights of Indigenous Peoples. Despite these federal efforts, less is known about the degree to which state and territorial laws require consultation with Indigenous communities. We reviewed all Indigenous consultation laws identified through a search of 50 US states, the District of Columbia, and 5 territories to provide a holistic picture of how jurisdictions have regulated Indigenous consultation efforts. Of the 56 states, 49 (87.5%) had at least 1 Indigenous consultation law; the remaining 7 jurisdictions had none. States engaged in Indigenous consultation in various ways, generally falling into 1 of 3 categories: (1) centralized consultation facilitated through an agency or department, (2) indirect consultation through a designated commission, and (3) fragmented Indigenous consultation through discrete laws. Important gaps were identified, including the lack of a definition for Indigenous consultation, the absence of an appeal process, and the need to train state officials on existing policies. The results provide a baseline on the degree to which US states and territories consult with Indigenous communities and can be used to identify gaps in US compliance with UN human rights mandates.

The Role Of Civil Society In Sustainable Agrarian Policy Advocacy

Agrarian problems in Indonesia are still complex and have not been resolved completely. Inequality of land tenure, agrarian conflicts, environmental degradation, and land conversion are some examples of problems that continue to occur. In the midst of this situation, the role of civil society becomes important in fighting for sustainable agrarian policies. This research aims to analyze the role of civil society in agrarian policy advocacy in Indonesia. This research adopts a qualitative research method. Data collection is done through literature study. After the data is collected, the analysis is carried out in three stages, namely reducing data, presenting data, and drawing conclusions. The results show that the role of civil society in sustainable agrarian policy advocacy is very important in ensuring social justice, environmental protection, and strengthening the rights of farmers or indigenous peoples related to land. Civil society, through non-governmental organizations (NGOs) and activist networks, acts as a watchdog and critic of agrarian policies issued by the government. In addition, civil society also plays a role in providing education and understanding to local communities about their rights related to land, as well as mobilizing public support to strengthen their demands for equitable agrarian policies.