Participation Of Indigenous Peoples Research Articles

Can multi-stakeholder platforms and dialogues facilitate the meaningful and effective participation of Indigenous Peoples in managing natural resource conflicts?

Indigenous Peoples have important roles and contributions in the systematic and sustainable management of natural resources; however, their full and effective participation in the related processes, mechanisms including related multi-stakeholder platforms, and dialogues (MSPDs) are not always ensured at the national and global levels. This article focuses on the review and analysis of the published and online papers, reports on Indigenous Peoples, and their contributions and conflicts related to natural resources, especially concerning power, politics, and policies with specific examples in the Asian context. The interest-based “power sharing” and “power with governance” model is appropriate for the effective engagement of Indigenous Peoples in multi-stakeholder dialogue on natural resources.

Indigenous approaches to health assessment: a scoping review protocol

BackgroundHealth assessment tools developed using mainstream or Western concepts have been widely used in clinical practice worldwide. However, even culturally adapted or culturally based tools may not be relevant in other social contexts if they are grounded in Western beliefs and perspectives. The application of mainstream assessment tools, when used in Indigenous populations, can lead to the inappropriate application of normative data and inaccurate or biased diagnosis of conditions as Indigenous concepts of health differ from Western biomedical concepts of health. Thus, considering the need for culturally meaningful, sensitive, safe, and unbiased health assessment approaches and instruments over recent years, tools have been developed or adapted by and with Indigenous populations in Australia, Aotearoa/New Zealand, Canada, and the United States. However, there is no existing systematic or scoping review to identify the methods and approaches used in adapting or developing health assessment tools for use with the Indigenous population in Australia, Aotearoa/New Zealand, Canada, and the United States.MethodsIn response to these gaps, we are working with a First Nations Community Advisory Group in Northern Ontario, Canada, to undertake a scoping review following the 2020 JBI methodology for scoping reviews. A systematic search will be conducted in PubMed, APA PsychINFO, CINAHL, MEDLINE, Web of Science, Bibliography of Native North Americans, Australian Indigenous Health info data set, and Indigenous Health Portal. Two reviewers will independently screen all abstracts and full-text articles for inclusion using criteria co-developed with an advisory group. We will chart the extracted information and summarize and synthesize the data. The summarized findings will be presented to a Community Advisory Group, including First Nations community partners, an Elder, and community members, and their feedback will be incorporated into the discussion section of the scoping review.DiscussionThis scoping review involves iterative consultation with the Indigenous and non-Indigenous scholars, First Nations Community Advisory Group, and community partners throughout the research process. This review aims to summarize the evidence on standard ethical approaches and practices used in Indigenous research while adapting or developing health assessment tools. It will inform the larger study focused on developing an Indigenous Functional Assessment tool. Further, it will seek whether the Indigenous ways of knowing and equitable participation of Indigenous people and communities are incorporated in the Indigenous research process.Systematic review registrationOpen Science Framework https://osf.io/yznwk.

Indigenous People Participation As A Representation of the Inclusive Development in the New Capital City of Indonesia

The governments of Indonesia will relocate the capital city in Borneo Island which is called Nusantara Capital City in 2024. This government agenda was designed due to massive ecological and social problems which made Jakarta cannot be a central administration of Indonesia. Nevertheless, multitudinous indigenous people live in the sphere of the proposed region. As a consequence, the authorities of Indonesia should accommodate their participation in order to construct an inclusive capital city which can be lived appropriately. Based on the earlier situation, this research was designed to investigate indigenous people participation as a representation of an inclusive city in Nusantara. Qualitative descriptive method was used to expose comprehensive understanding about local communities' participation to construct an inclusive city in Nusantara. Researcher used Public Participation Theory as the grand analysis. In addition, essential data to strengthen this study was collected by doing several methods such as interview, observation, and literature study. The result of this research explains that the authorities of Indonesia should optimize indigenous people participation. The optimization of local participation can be implemented by constructing a suitable platform which can accommodate their participation electronically. Moreover, massive socialization should be applied as a way to promulgate local communities participation during the governance agendas in the Nusantara Capital City.

Participation of Indigenous Peoples in Decision Making Over Deep-Seabed Mining

In this essay, I reflect on the challenges and opportunities in ensuring the genuine and meaningful participation of Indigenous peoples at the International Seabed Authority (ISA), with a view to giving due consideration to Indigenous peoples’ human rights and integrating their knowledge into international decisions on deep-seabed mining. The essay begins with an assessment of how the current limitations in transparency and public participation in the practice of the ISA1 constitute barriers for the participation of Indigenous peoples. I then argue that existing international human rights obligations require Indigenous peoples’ participation at the ISA and that entry points within the ISA regime already exist to comply with these obligations. I conclude by emphasizing the need to support meaningful participation by Indigenous peoples through social sciences expertise and the involvement of independent international human rights experts, to actively address any biases vis-à-vis Indigenous knowledge.

Oil Transnational Corporations and the Legacy of Corporate-Community Conflicts: The Case of SEEPCO in Nigeria

Abstract This paper examines the nature, impact, ramifications, and root causes of the corporate-community resource conflict in Anambra’s oil-bearing communities. It approaches this objective from the standpoint that such a conflict may be appropriately termed “a legacy of oil transnational corporations” in Nigeria, given their antecedents in the Niger Delta region. Unlike the existing literature that blames such conflicts for the most part on environmental, socio-economic, and political factors, with limited emphasis on the legal factors, this paper takes the position that an unhealthy legal apparatus of the Nigerian state and regulatory gaps in Nigeria’s oil industry provide the enabling environment that makes the conflict inevitable. Essentially, this paper tweaks the “resource curse” theory as espoused by mainstream political economists by demonstrating that, apart from greed and grievance, the “curse” is equally underpinned by inept legal structures and regulatory gaps that show little regard for good governance and the well-being of the local people in host communities. But two possible solutions are proffered. One is the institutionalization of a statutory scheme for consultation with the local communities before appropriation of their lands for oil production projects, and the other is encouraging the participation of indigenous peoples or indigenous entities in the development of their natural resources, following the example of Orient Petroleum Resources Plc.

The Antinomy of Green Economy Implementation Towards Indigenous People in Natural Resources Management

Is Green economy practices adaptive and universally applicable? There are certain conditions where the application cannot be imposed, such as in the environment of indigenous peoples. This research aims to determine the contradiction and explore the Actualization of local wisdom among indigenous peoples in natural resource management. This research uses socio-legal methods with the conceptual, case, and statute approaches. The results showed that: Firstly, conflicts arising from differences in management techniques, concepts, claims of ownership rights, access, and objectives of natural resource management between indigenous peoples and green economy are significantly different. Secondly, Actualization and implementation in Indonesia can be done by adjusting the projection of green economy development with the wisdom patterns of each region, the participation of indigenous peoples in the policy formulation process, and the values of local wisdom in natural resource management as a limitation of the implementation of the green economy.

Land Bank Agency and Participation of Indigenous Peoples: Where is the Legal Certainty?

This study aims to analyze the problem of legal uncertainty for MHA related to the establishment of a Land Bank as mandated by the Job Creation Perppu. This research is a normative legal research with a conceptual and statutory approach. The results of the study concluded that the obligation to involve the Customary Law Community in land use through the Land Bank agency is said to be urgent, especially in an effort to maintain the mandate of the 1945 Constitution of the Republic of Indonesia and the UUPA to provide guarantees for recognition, protection as well as empowerment of the Indigenous Peoples. Efforts to realize legal certainty for Indigenous Peoples (MHA) in land use through the Land Bank agency with reference to grammatical, authentic, and teleological (sociological) interpretations, it is necessary to expand the meaning of the word "community" in Article 8 paragraph (2) PP Agency Land Bank which does not only cover society in general (individuals as legal subjects) but includes the Customary Law Community.

Современные проблемы коренных малочисленных народов российской Арктики в условиях климатических изменений

The article describes the current problems of small indigenous peoples of the Russian Arctic in the context of climate change, the main of which are: the food problem, the problem of transport accessi-bility, the problem of economic activity and the problem of health. Because of global warming due to the increase in the average annual temperature, there is a high probability that the above-mentioned problems will only increase and significantly affect all life support systems of small indigenous peoples of the Russian Arctic. The article uses analysis and synthesis, induction and deduction to show the interconnection and mutual influence of the existing problems on the economic activity and health of small indigenous peoples in the conditions of climate change in the Arctic. In order to solve the current problems of the Russian Arctic indigenous minorities in the context of climate change, the following is required: 1) development of laws, strategies and/or state programs for the protection of indigenous peoples to minimize the adverse effects of climate change by sectors (reindeer herding, fishing, hunting and gathering); 2) creation of a system for assessing the impact of climate change on the economic activity and health of indigenous peoples; 3) participation of indigenous peoples in environmental monitoring and implementation of environmental projects in the Arctic.

The participation of indigenous community leaders in marriage based on Law No. 1 of 1974 concerning Marriage

In each region, of course, there is a diversity of customs that apply in the indigenous people of an area, one of which is regarding marriages carried out customarily. Customary marriage is an important and sacred event for indigenous peoples, to live together as husband and wife with the aim of realizing the unity of a happy and eternal home, in which there is a great responsibility not only to the integrity of their household but also to the environment, society and also God. Regarding the issue of Indonesian customary law, it is very principled because adat is one of the mirrors for the nation, adat is an identity for the nation, and identity for each region. Indonesia is a country that adheres to plurality in the field of law, where the existence of western law, religious law and customary law is recognized. This research study is juridical normative as the main approach, considering that the discussion is based on laws and legal principles that apply in customary marriage issues. The Participation of Indigenous Peoples' Leaders in Marriage Of course, the community can maintain and preserve the culture of local wisdom and the values contained therein because the birth of Law Number 1 of 1974 concerning Marriage is a law that is a manifestation of many customary laws, ethnic groups in Indonesia that have privileges, which regulate all members of society who have reached adulthood who will carry out marriage

Tourism and Indigenous peoples in South America: reflections on experiences in Argentina and Chile

ABSTRACT Since the 1990s, the participation of Indigenous peoples in tourism has been fostered as part of global development policies to address rural poverty in Latin America. In this article, our aim is to examine the promotion of indigenous tourism in relation to multicultural transformations and local inter-ethnic relations in South America, taking two experiences, one in southern Chile’s Araucanía Region and the other in the General San Martín Department of northern Argentina’s Salta Province. We reflect on the relevance of institutions – state and non-state – which promote these development perspectives and the links that Indigenous people establish with them for the understanding of indigenous tourism. First, we consider the promotion of indigenous tourism in both countries within the particular dynamics of multiculturalism transformations in each one. Then we focus on the two experiences of indigenous tourism, to think about the relations between Indigenous people, institutions and interethnic relationships in these projects. We suggest that the definition of community tourism should not be considered as a reified field, but rather as a definition that is determined through negotiations and inter-ethnic disputes.

Masyarakat Adat Dayak dan Penanggulangan Transboundary Haze Pollution di Kalimantan Barat

This research will explore the role and involvement of the indigenous people, the Dayak Tribe, in resolving the problem of wildfire and transboundary haze pollution. This article's case study will focus on Kapuas Hulu, Kalimantan Barat. The research aims to explain indigenous people's participation in resolving transboundary haze pollution in West Borneo. This article will use qualitative methods and a descriptive approach. Data collection and analysis will be done through 1) observation to map the actors involved in resolving transboundary haze pollution, 2) interviews with actors affected by transboundary haze pollution, and 3) assessment to clarify data and secondary sources from the government. The research concludes that the involvement of the Dayak People as an indigenous tribe in West Kalimantan is relatively minimum in solving the transboundary haze pollution. Government programs focusing on transboundary haze pollution should engage with Indigenous tribes actively and deliberately.

Ensuring the Rights of Indigenous Peoples: International Legal Standards and National Implementation

This research explores the guarantee of indigenous peoples' rights in indigenous territories in West Java, focusing on international legal standards and their implementation at the national level. The research used a mixed-methods approach, combining qualitative and quantitative methods. Through document analysis, surveys and interviews with key stakeholders, the research examines the legal and policy framework, challenges and opportunities related to indigenous peoples' rights in the region. The findings highlight issues such as land rights, cultural preservation, and political participation. While there are legal provisions in place, their practical implementation faces challenges such as conflicting land tenure systems, limited recognition of customary land rights, and lack of consultation and participation of indigenous peoples. This research emphasizes the need for effective implementation of international legal standards, capacity building, and empowerment of indigenous peoples. The findings contribute to the understanding of indigenous peoples' rights in West Java and provide insights for policy makers, indigenous peoples, and other stakeholders involved in protecting indigenous peoples' rights.

Indigenous biocultural rights and the Blue Mountains: Local and international policy challenges

AbstractIndigenous knowledges play a critical role in addressing the environmental crisis, and the United Nations system has adopted a suite of international treaties to protect and strengthen Indigenous peoples’ rights, which are often described as biocultural rights. Because World Heritage Areas are nominated and monitored by UNESCO, an initial hypothesis in this study was that such areas would be subject to higher than normal standards in regard to Indigenous people’s biocultural rights. By reference to the Greater Blue Mountains World Heritage Area, Australia, this research examined how the international legislative framework influences conservation practices. We held semi‐structured interviews with conservation and Indigenous local experts and compared park management practices in the Area against those used in an Indigenous Protected Area. Findings align with the literature and suggest that Indigenous and scientific knowledge systems can generate new insights for the Area and other sites. Yet, Indigenous knowledges are only marginally applied in practice. Some barriers to full participation of Indigenous people are specific to the colonial history of the area. Yet, findings point to a lack of action by Australian governments and UNESCO, and that needs to be redressed. The study calls attention to the need to support and resource Indigenous people to enable collaborative partnerships to yield significant benefits for biodiversity and protection of Country.

Interactions between disaster risk reduction and intangible culture among indigenous communities in Benguet, Philippines

Intangible cultural heritage (ICH), are the practices, representations, expressions, knowledge, and skills in society, handed down from generation to generation. They are of growing interest in disaster discourse, due to their various contributions to community preparedness and response, including the improvement of early warning systems and mobilisation of resources and logistics. Previous research has provided evidence on how ICH contributes to disaster risk reduction in various contexts but is often concentrated among popular cultural heritage, particularly those inscribed by the UNESCO. ICH such as local knowledge, practices, innovations, and rituals outside of this authorised cultural heritage, such as those belonging to indigenous communities, are less well articulated, despite their importance in helping build effective disaster risk reduction and management (DRRM). This research examined how ICH, particularly indigenous knowledge, practices, technologies, and rituals have helped communities in Benguet, Northern Philippines for generations to build coping strategies to better respond to the risks of typhoons and other extreme events. Adopting a qualitative mixed-methods approach with an ethnographic orientation, data was gathered using storytelling, semi-structured interviews, key informant interviews, and document review. Respondents included elders for the storytelling, households for the semi-structured interview, and officers of the local authorities for the key informant interviews. The key findings of this study highlighted that several areas of local knowledge, practices, and systems focused on social support systems, cultural technologies and innovations, local rituals, and indigenous early warning systems that are present within the Benguet community, all of which are essential in strengthening DRRM at the local level. This intangible heritage has been fundamental in helping facilitate careful planning and adjustments in local activities, catalysing preemptive measures against foreseeable risks. As such, greater effort should be made by the State to increase mainstreaming of these ICH and the participation of indigenous people in the planning and implementation of disaster risk reduction intervention.

Development of legislation in the field of ensuring the rights of indigenous peoples of Ukraine

The article is devoted to the study of legislation regulating social relations with the participation of indigenous peoples of Ukraine, its genesis and current state of development. In chronological order, the article examines normative acts adopted since 1990, which determine the status and rights of persons belonging to the indigenous peoples of Ukraine. It is claimed that as of the beginning of 2023, in Ukraine there has been formed a full-fledged system of normative legal acts and other written sources of law of Ukraine, which regulate social relations with the participation of indigenous peoples of Ukraine in collective and individual dimensions. To designate this system, it is proposed to use the term “legislation in the field of ensuring the rights of indigenous peoples of Ukraine”.
 It has been found out that, according to branch affiliation, legislation in the field of ensuring the rights of indigenous peoples of Ukraine mostly covers acts of administrative legislation. At the same time, it includes acts related to constitutional, civil, criminal legislation and other branches of law. Currently, the legislation in the field of ensuring the rights of indigenous peoples of Ukraine includes about fifteen acts, the "heart" of which is the Law of Ukraine "On Indigenous Peoples of Ukraine". Despite the fact that the foundations of the legislative provision of the rights of indigenous peoples of Ukraine were laid only in the Constitution of Ukraine, clear political and legal boundaries of future legislation were outlined in advance in the founding documents of Ukrainian statehood. The evolution of legislation in the field of ensuring the rights of indigenous peoples of Ukraine throughout the entire period under study was uneven and inconsistent. The author suggests dividing the history of legislation in the field of ensuring the rights of indigenous peoples of Ukraine into five periods.
 Based on the results of the analysis, it is established that the legislation on the indigenous peoples of Ukraine defines many special rights of persons belonging to the indigenous peoples of Ukraine in various spheres of social life. Modern trends in the development of legislation in the sphere of ensuring the rights of the indigenous peoples of Ukraine are also determined and promising directions of its development are outlined.

The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation

Introduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary Law Community in optimizing geographical indications.Purpose of The Research: This research aims to regulatory orientation and formulation regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications.Methods of Research: This research is a normative legal research with a concept and statutory approach. The analysis is carried out by carrying out an inventory of legal materials, then proceed with the reduction process (sorting) according to the needs in the selection, and ends with conclusions.Results of the Research: The participation of the Indigenous Peoples in optimizing the potential of geographic indications can actually be carried out by involving the role of both the central and regional governments to facilitate it. Appropriate formulations related to arrangements regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications can be carried out by forming cooperatives or associations of producers related to geographical indications. This needs to be done because in the provisions of positive law, Indigenous Peoples are not one of the parties that can become applicants for registration of geographical indications. Revisions to regulations regarding geographical indications need to be made in order to optimize the role and participation of the Indigenous Peoples.

Climate change governance and Indigenous Peoples participation: an analysis from the Chilean case

ABSTRACT The effects of climate policy depend on the coherent integration of social, environmental and economic challenges, including Indigenous Peoples' demand for self-determination. Although Indigenous Peoples are gaining prominence in international climate change debates, their involvement in national legislation remains marginal. From an ethnographic approach, this article assesses the vertical coherence – integration of objectives set in international commitments, national policymaking and local implementation – of Chilean climate governance regarding Indigenous People's participation. I conducted documentary analysis, participant observation and interviews. International pledges promoting the participation of Indigenous Peoples in climate policy are increasing. However, these pledges may not translate into success at the national level. Fostering effective participation of Indigenous Peoples demands intercultural competences that critically address the challenges of policy implementation in Indigenous territories and better analysis of climate policy impacts, including stakeholders assessments. With justice as a guiding principle, national efforts can promote the transformation of international climate governance.

Transforming biodiversity governance? Indigenous peoples' contributions to the Convention on Biological Diversity

This article reviews opportunities for, and selected outcomes of, the meaningful participation of Indigenous Peoples and local communities (IPLCs) in the processes of the Convention on Biological Diversity (CBD). Meaningful participation is understood as a collaborative process based on the recognition of IPLCs and their contribution to biodiversity management. The CBD is currently the main instrument for global biodiversity governance, enjoying almost-universal application - with the notable exception of the USA. It arguably provides the most advanced framework for the participation of IPLCs among the multilateral environmental agreements. Following a discussion of challenges regarding concepts and terminology, we provide brief overviews of IPLCs' contributions to the conservation and sustainable use of biodiversity and the evolution of the CBD framework to partially recognize these. We then focus on two case studies: the negotiation and adoption of the Nagoya Protocol on access to genetic resources and fair and equitable benefit-sharing; and the negotiation of the 2022 Kunming-Montreal Global Biodiversity Framework. On the basis of a literature review, content analysis of UN documents, and participant observation at CBD meetings, we combine legal and sociological analysis to find that early gains towards building collaborative spaces for IPLCs in CBD processes in the adoption of the Nagoya Protocol seemed to be receding in the negotiation of the Global Biodiversity Framework, until adoption of the final text which surprisingly integrated a strong rights-based approach, for the first time in the history of the CBD.

Reconciling our relationships with the Great Lakes

The 2012 Great Lakes Water Quality Agreement is an Agreement between the United States and Canada to restore and protect the Great Lakes that recognized the involvement and participation of Indigenous Peoples is essential to achieve the objectives of the Agreement. Stemming from this Agreement, the Canada-Ontario Agreement (COA) on Great Lakes Water Quality and Ecosystem Health (COA) set goals and objectives to restore and protect the Great Lakes. The COA includes Annex 13: Engaging First Nations and mentions that Canada is committed to reconciliation. Guided by an Anishinaabek Research Paradigm (ARP), which addresses decolonizing research on Indigenous peoples and employs a conversations style design, I explore what reconciliation is in Great Lakes water governance and how reconciliation can influence Great Lakes water governance. Reconciliation is more than words and involves the restoration of good relationships between people and with the waters. Reconciliation can also play a significant role in water governance. We are all water, and all come from water understanding that without water, there will be no life. This knowledge commits every human to preserve, protect, and conserve the waters. Understanding Anishinaabek views on reconciliation can assist with water governance.

How Biodiversity Relates to Climate Change

The protection of climate and biodiversity must be solved jointly and with sustainable development in mind. However, the climate and biodiversity crisis must be viewed from different perspectives, as supposed solutions to one crisis must not exacerbate the other. Interactions between climate protection and species protection have not yet been addressed enough; effective, controlled implementation is lacking. The human rights-based approach has not been sufficiently integrated, but participation of indigenous peoples and their knowledge is essential for effective climate action and sustainable development.