Land Rights Of Indigenous Peoples Research Articles

Socio-economic geography and the land rights of indigenous peoples in Paraguay

AbstractThe article investigates the long-term tendencies of Paraguayan political-economy, in particular the mounting impacts of export-oriented agribusiness on its indigenous peoples. The analysis is based on the theorisation of the geographical force of subtraction, that is, the evanescent properties of capitalist development, in which economic growth takes place via an interconnected elimination of rights, opportunities and alternatives. The discussion is focussed on the land struggle of the Paĩ Tavyterã in the northeast of Paraguay and members of the same ethnic group who live in Brazil (called Guarani-Kaiowa). It is a relational narrative that draws insights from various actors, communities and situations. The main conclusions are that, despite the fact that Paraguay is now a major exporter of agribusiness commodities, what has prevailed is the accumulation of multiple forms of political, environmental, social and economic violence. At the same time, the decolonising reaction of indigenous peoples, in alliance with other sectors of the working class, aims at reverting the deficit caused by systemic socio-economic subtraction and in pursuit of transformative additions.

Noel Pearson: “A Friend Among Strangers, A Stranger Among His Own”?

The article analyzes the activities of one of the most famous human rights defenders in the Commonwealth of Australia, Noel Pearson, whose ideas and practical steps in the field of aboriginal politics attract the closest public attention. Coming from an Aboriginal family from Queensland, he established himself as the lawyer who successfully defended the land rights of indigenous peoples of Australia, and as the founder and head of the Cape York Institute for Politics and Leadership, where a number of reforms are being carried out in the Aboriginal communities under his care. However, his activities do not always enjoy the unanimous support of the Aboriginal community, but the Governments of the Commonwealth of Australia have been mainly on his side.

Protecting Land Rights of Indigenous Peoples in Africa: The Land Rights of Abuja Peoples of Nigeria and Ogiek Peoples of Kenya in Comparative Perspective

Abstract This paper examines the treatment of customary land rights of indigenous peoples by State law in Nigeria and Kenya. Nigeria is chosen as a case study and Kenya has on-going legal reforms in relation to customary land rights. Both Kenya and Nigeria have plural legal systems. The objective is to demonstrate how Kenya has responded to the challenges of protecting customary land rights and how other African States, like Nigeria, should respond to similar challenges.

The Role of The Government in The Recognition of Customary Rights to Achieve Economic Development of Customary Law Communities

Every State wants a condition in which the people have a prominent level of welfare and prosperity, because that condition can reflect how a state has been successful in carrying out its development. The existence of development that can lead to prominent level of welfare and prosperity, certainly, shows the success of a state in achieving the state's goals. But in practice it is often found that the people of a state do not have a prominent level of welfare and prosperity due to the unprotected rights of the people. The lack protection rights of the people are one form of social problems; which of course requires a very fast handling. Therefore, in general, every state tries, so that the protection rights of the people can be fulfilled. Similarly, for the state of Indonesia, the protection of communal customderived land rights (ulayat rights) of indigenous peoples is one of the tasks that must be fulfilled by the government. The effort is not easy; therefore, needs a thorough study to overcome the problem. The method used in this research is a normative juridical method. The results of the study, indicate the role of government in regulating the recognition forms of the rights of indigenous peoples, especially, communal custom-derived land rights of indigenous people. In addition, there are various substances of legislation that must be regulated in order to recognize communal custom-derived land rights of indigenous people such as how to recognize indigenous peoples, their recognition procedures, indigenous peoples' obligations, and dispute resolution mechanisms. Finally, regulation about recognition of indigenous peoples is expected to have an impact on the economic development of indigenous peoples itself.

Brazilian Amazon gold: indigenous land rights under risk

Brazilian indigenous lands prevent the deforestation of the Amazon rainforest while protecting the land rights of indigenous peoples. However, they are at risk because they overlap with large areas of registered interest for mining. Indigenous lands have been in the spotlight of the pro-development wing of the parliament for decades, and the current president of Brazil, Jair Bolsonaro, promised that he would open up these territories for exploitation. Recently, bill PL191/2020 was released to downgrade the protection status of indigenous lands by regulating mining activities in these territories. Mining operations have an unavoidable socio-environmental impact on indigenous communities that is difficult to compensate. First, rapid demographic growth associated with the incoming migrant workforce often causes social disruption and threat indigenous societies. Moreover, sustained pollution related to mining procedures and accidental spills largely degrade the environment and imperil indigenous health. Finally, mining operations drive deforestation both within and beyond their operational boundaries. Mining is already an essential determinant of forest loss in the Amazon, where further deforestation may result in extended droughts with significant social and economic consequences. We conclude that, if mining operations were allowed in Brazilian indigenous lands, indigenous peoples would be imperiled along with regional and global climate and economies.

Sosio-Eco- Religio -Culture dalam Penyelamatan Krisis Lingkungan Hidup

One of the ironies of the development of human civilization is the development and modernization is intended to improve the quality of human life, but it is more often the presence of people become victims of development and modernization. More ironically, land and indigenous peoples are victims of an anthropocentric perspective and government policies that do not favor the local community.This is attributable to several factors: First, the ideology of developmentalism does not incorporate local wisdom, especially regarding indigenous land policy and management and wealth preservation socio-eco-religio-cultural as an integral part of all development programs. In the ideology of developmentalism traditionalism is the opposite of modernization so that all that is traditional, including indigenous lands rich culture and local wisdom considered adaptive in the times. Second, misperceptions people who think the indigenous people of Malays as a destroyer of the environment that must be removed or relocated in order to save the environment. Yet, precisely Malays indigenous peoples are the guardians of the environment from the invasion and destruction by outside communities, immigrant communities. Third, the nature only in terms of economic value, so that the release of the entire ecological value, the local political, social, cultural, spiritual and moral associated with customary land and the lives of indigenous peoples in the surrounding. Exploit indigenous lands and natural resources for the purpose of economic development and seen off as not have negative consequences for the existence of the indigenous population. Fourth, modernization and progress of civilization seen and measured primarily by the quality of the physical-economic-capitalistic. To improve the socio-economic level of local communities, especially the Malays must be returned to the ethical values of indigenous peoples. Socio-economic rights of indigenous peoples should be recognized and guaranteed by the government. There must be political commitment at global and national levels to protect the land rights of indigenous peoples and all the wisdom of socioeconomic Through paradigm approach socio-eco-religo culture is to save the existence of indigenous land as a factor supporting economic activity and all the wealth and wisdom of traditional, it can also be save the ecological crisis is mainly caused by faulty worldview that policy makers anthropocentric-capitalistic paradigm should be changed to sosio-eco-religio culture perspective.

The Land Rights of Indigenous Peoples: Revaluation of Papua Special Autonomy

The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoples’ rights to land in various legal products is still ambivalent. The essence of protection of indigenous peoples’ rights to land is also clearly regulated in Act No. 21 of 2001 and Perdasus No. 23 of 2008 has put customary law community on ownership of communal land is not the object of development, especially in the field of investment. The customary right and indigenous land which is the property and become an authority on indigenous peoples must be recognized by the government and regional and national communities about its presence. Therefore, the government should strive to protect the customary right through regulation of the Ministry of Agrarian and Land Agency and other laws related to the issue of customary rights, customary lands, indigenous peoples and their authority.

Achieving zero deforestation in the Brazilian Amazon: What is missing?

Abstract Amazon deforestation causes severe climatic and ecological disruptions, with negative consequences for the livelihood of forest-dependent peoples. To avoid further disruptions, Brazil will need to take bold steps to eliminate both illegal and legal Amazon deforestation over the short term. Amazon deforestation declined by 70% between 2005 and 2014 due to drops in commodity prices and interventions by federal and state governments, such as law enforcement campaigns and credit restrictions for landowners who deforest illegally. Despite these impressive achievements, Brazil still deforests 5,000 km2 of Amazonian forests each year. How then will Brazil eliminate Amazon deforestation altogether if the country is only committed to cut illegal deforestation by 2030—as stated in its Intended Nationally Determined Contributions (iNDC) to the 2015 climate change treaty meeting in Paris? Here we provide an analysis of the major socio-economic-political threats that could constrain Brazil from achieving its current goals. We then propose six fundamental strategies to help Brazil achieve a more ambitious goal to eliminate all major legal and illegal Amazon deforestation. These strategies involve bringing social and environmental safeguards to the infrastructure plans in the region, consolidating and expanding positive incentives for the production of sustainable commodities, establishing a new policy to guarantee the social and environmental sustainability of rural settlements, fully implementing the national legislation protecting forests (the Forest Code), protecting the land rights of indigenous people and traditional communities, and expanding the existing network of protected areas, allocating the 80 million hectares of not designated public forests as protected areas or areas for sustainable use of timber and non-timber forest products. The implementation of these strategies however depends on the formulation of a new development paradigm that promotes economic growth, social justice and productive agriculture, while protecting the fundamentally important ecological services of tropical forests.

Book Review: Land and Cultural Survival: The Communal Land Rights of Indigenous People in Asia

Book Review: Land and Cultural Survival: The Communal Land Rights of Indigenous People in Asia

Judicial Treatment of Indigenous Land Rights in the Common Law World

This chapter examines the land rights of Indigenous peoples in the United States, Canada, Australia and New Zealand from the perspective of the common law. Topics discussed are sources, content and proof of these rights, as well as ways in which they can be extinguished and infringed. The connection between land rights and self-government of Indigenous peoples is also considered. The chapter takes a critical and comparative approach, pointing out both positive and negative aspects of the judicial treatment of land rights in each of these common law jurisdictions.

Indigenous Peoples' Right to Land

This article discusses the land rights of indigenous peoples based on relevant human rights conventions. The article is divided into three parts. First, articles 1 and 27 of the International Covenant on Civil and Political Rights are discussed in relation to land rights of indigenous peoples. Then, land rights under the ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries are examined, particularly its articles 13, 14 and 15. Thirdly, the proposed Finnmark Act will be scrutinized with regard to these two Conventions. Finally, some conclusions are drawn.

'This very difficult debate about Wik': stake, voice and the management of category memberships in race politics.

The issue of 'race' has assumed an extraordinarily salient position in Australian politics since the election of the conservative Howard government in 1996. Central to debate in the Australian policy has been the nature of the relationship between indigenous, or Aboriginal, Australians and the rest of the population, in particular over the issue of the land rights of indigenous people. Land rights, or 'native title', assumed a pre-eminent position in national political life in 1996/97 with the handing down by the High Court of the so-called 'Wik judgment'. The discursive management of the ensuing debate by Australia's political leaders is illuminative of key sites of interest in the analysis of political rhetoric and the construction of 'racially sensitive' issues. Taking the texts of 'addresses to the nation' on Wik by the leaders of the two major political parties as analytic materials, we examine two features of the talk. First, examine how the speakers manage their stake in the position they advance, with an extension of previous work on reported speech into the area of set-piece political rhetoric. Second, in contrast to approaches which treat social categories as routine, mundane and unproblematic objects, we demonstrate the local construction of category memberships and their predicates as strategic moves in political talk. Specifically, we demonstrate how the categories of 'Aborigines' and 'farmers', groups central to the dispute, are strategically constructed to normatively bind certain entitlements to activity to category membership. Furthermore, inasmuch as such categories do not, in use, reflect readily perceived 'objective' group entities in the 'real' world, so too 'standard' discursive devices and rhetorical structures are themselves shown to be contingently shaped and strategically deployed for contrasting local, ideological and rhetorical ends.

The Role of Tenure Security and Private Time Preference in Neotropical Deforestation

A survey of 209 Chimane Amerindian households in 18 villages in the Bolivian rain forest was done to examine the role of tenure security and private time preference on the clearance of old-growth forest. Results of Tobit regressions suggest that conflict with abutters was associated with more deforestation, but the average impatience of the household heads was associated with less deforestation. Results suggest that governments should protect the land rights of indigenous people if they wish to enhance conservation. Results cast doubts on the idea that high private time preference increases the depletion of natural resources.

Land alienation, land tenure, and tourism in Vanuatu, a Melanesian Island nation

Land is a primary resource for international tourism development. The relation of indigenous systems of land tenure and the history of land alienation to tourism in Pacific Island nations, however, is problematic. Governments of some Pacific Island nations are now emphasizing the traditional land rights of indigenous people in determining land use for economic development. Land is a key resource for the local participation of Islanders in development, and indigenous land claims are a volatile political issue. There has been little substantive research on tourism and land tenure in Melanesia. This paper examines the history of the problem of land alienation, the nature of traditional land tenure, and the relation of current land claims to tourist development in Vanuatu. Land alienations are tied to modern tourist developments, and issues of land tenure are a central aspects of political debate in local cultures. Suggestions are offered for regional planning for tourism, and local control of tourist development and land use.