Rights Of Indigenous Communities Research Articles

Perlindungan Hukum terhadap Tanah Ulayat Masyarakat Adat yang Masuk Ke dalam Pembangunan Ibu Kota Negara

This research examines the legal protection of customary lands of indigenous communities involved in the development of special economic zones (IKN). This research uses a legal approach and case studies to analyze the impact of IKN development on the customary rights of indigenous communities. The results of this research highlight the challenges associated with IKN development and potential violations of customary land rights. This study also reviews the existing legal framework and recommends improving and strengthening legal protection for indigenous peoples. Therefore, this study contributes to a deeper understanding of the dynamics of legal protection of customary land in the changing IKN development environment and highlights the importance of supporting the rights of indigenous peoples for sustainable development.

Indigenous engagement challenges and carbon mitigation activities in Malaysian forest policy

Malaysia’s commitment to achieving net-zero emissions by 2050 hinges on its ability to protect its abundant carbon sinks, notably its natural forests. However, several challenges impede effective forest protection, including the undervaluation of forested land, the absence of regulatory safeguards against land use changes, and the insufficient protection of land rights of indigenous communities. This paper examines these challenges and their implications for Malaysia’s net-zero emissions goal. It argues that remedial action is necessary, including the development of carbon credit mechanisms that recognize indigenous communities as integral stakeholders and the implementation of regulatory reforms to address the undervaluation of forested land and to strengthen the protection of land rights of indigenous communities.

Protecting Indonesia's Communal Intellectual Property Rights: A TWAIL Perspective

The Third World Approach to International Law (TWAIL) emerges as a critical perspective on the current international legal system, providing a robust framework to aid Indonesia in safeguarding its communal intellectual property rights. This research seeks to emphasize the urgency of adopting TWAIL and elucidates how its application can play a pivotal role in advancing both economic prosperity and social identity in Indonesia. Positioned within a normative juridical framework, this study delves into the TWAIL perspective and its relevance to the protection of Communal Intellectual Property Rights (CIPR). It demonstrates how embracing the TWAIL approach for communal intellectual property rights can establish a legal framework that is more just, inclusive, and respectful of the rights of indigenous communities. By securing strong legal protections at both international and national levels, communities gain the ability to manage their traditional knowledge for commercial use, identifying potential global markets. Consequently, this approach fosters improvement and underscores the potential positive impacts on economic development, particularly in expanding markets and accessing goods.

Constitutional Rights of Indigenous Peoples Affected Britis Petrolem Tangguh (BP) Exploration and Exploitation in Bintuni Bay

Purpose: The primary objective of this research is to conduct a comprehensive investigation comprising two key facets: first, the analysis of the constitutional rights of indigenous communities affected by the operations of British Petroleum (BP) Tangguh in Bintuni Bay; and second, an examination of the environmental ramifications resulting from the exploration and exploitation activities of BP Tangguh in the same region. Theoretical Framework: The research adopts a qualitative methodology, specifically employing a juridical-sociological framework, aimed at meticulously evaluating the degree of safeguarding afforded to the rights of indigenous populations in Papua, particularly in response to the repercussions arising from the operational activities conducted by BP Tangguh in Bintuni Bay, Papua. Methods: The methodology employed in this study involves a qualitative inquiry that harnesses the juridical-sociological approach as a fundamental framework to comprehensively assess and gauge the extent of safeguarding extended to the rights of indigenous communities adversely impacted by the exploration and exploitation endeavors of BP Tangguh in the region of Bintuni Bay. Through in-depth qualitative analysis and examination within this juridical-sociological paradigm, the research aims to delve into the intricate nuances and complexities surrounding the protection, or lack thereof, of these indigenous populations in the face of BP Tangguh's activities, aiming to illuminate the challenges and shortcomings in safeguarding their rights within this context. Conclussion: The research findings highlight a significant lack of protection for constitutional rights among Bintuni Bay's indigenous communities, mainly due to BP Tangguh's operations. They reveal BP Tangguh's failure in upholding these rights and emphasize the critical issue of inadequate government oversight, resulting in widespread violations. Urgent actions, including a thorough audit of BP Tangguh and swift implementation of corrective measures by the Government, are recommended to restore and safeguard the violated rights of affected indigenous communities, aiming to ensure their well-being and uphold constitutional rights. Originality/Value: The research contributes original insights by highlighting the failure to protect indigenous rights and the absence of corporate responsibility by BP Tangguh. Moreover, it emphasizes the urgency of governmental intervention, proposing specific steps to rectify the situation. This adds significant value to the discourse on corporate accountability, indigenous rights, and environmental protection in Papua's context.

Deforestation of Brazilian Amazonia: Temporal Analysis and Mitigation Proposals

Objective: The aim of this research is to analyze deforestation in the Brazilian Amazon region since 1988, identifying patterns and determining factors. Additionally, it seeks to propose solutions to reduce the advancement of deforestation in the region. Theoretical reference: The theoretical framework of this research is based on concepts and theories related to deforestation, including previous studies on the impacts and causes of deforestation in the Legal Amazon. Methodology: The method used in this research is time series analysis, utilizing reliable data from satellite images and official reports. The analysis includes evaluating trends over time, identifying determining factors through regression analyses, and assessing ecological, social, and economic impacts. Results and Conclusion: The results reveal significant changes in deforestation rates over the analyzed period. They also identify key driving factors such as agricultural expansion, infrastructure development, and land-use dynamics. The impacts of deforestation, including biodiversity loss and the displacement of indigenous communities, are highlighted. Research Implications: The implications of this research are extensive and cover public policies, conservation practices, and sustainable development. It emphasizes the need for immediate actions to curb deforestation, protecting biodiversity, ecosystem services, and the rights of indigenous communities. Originality/Value: The originality of this research lies in the combination of time series analysis with the proposal of comprehensive solutions to the problem of deforestation in the Brazilian Amazon. According to this study, time series analysis revealed that the main implications for deforestation in the Legal Amazon are associated with mining and soybean cultivation.

Consultations on the System of Indigenous and Afromexican Communal Security and the Right to be Consulted in Mexico

Abstract The right to be consulted is a legal institution that originated in 1989 in the United Nations Convention 169, requiring states to conduct a consultation process of Indigenous peoples and communities on issues potentially impacting them. The Mexican state has subsequently implemented the right to be consulted in its legal system. The consultation processes were often riddled with inconsistencies and the violation of the rights of Indigenous communities and peoples. In this paper I analysed the case study of the consultation process in Guerrero, by researching press articles, engaging in participant observation and conducting interviews. I looked for similarities between the Guerrero consultations and past consultations in Juchitán, Sonora, and Campeche. I identified several violations and manipulations consistent with the history of the right to be consulted. In the last part of the article, I compared the proposed acts and established their potential impact on security in Guerrero.

The Implementation of the Acknowledgment of Rights through the Conversion of Customary Land Ownership

To ensure legal certainty and the protection of the rights of each party to land ownership, including customary lands, it is necessary for the state to regulate this matter. One of the substantial triggers for conflicts is the neglect of the rights of indigenous communities, especially concerning the recognition of customary land, and there is still confusion in land regulations. The second root cause is that the conversion process of land rights from customary land to one of the rights under the Agrarian Law (UUPA) is still fully regulated by the law. The conclusion of the research in this thesis is that the implementation of recognition through the conversion of customary land aims to acknowledge previous land rights and to ensure legal certainty, which can contribute to the realization of a just and prosperous society as envisioned by Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Obstacles in the implementation of the recognition of customary land rights include the lack of legal awareness among the community, the perception that recognition by the indigenous community is already strong, a lengthy and costly conversion process, incomplete land administration systems, and a shortage of technical conversion personnel. To address these obstacles, the Land Office plays a crucial role in conducting outreach and implementing policies related to the recognition of rights through the conversion of customary land ownership.

Deadly Coal Social Campaign in Environmental Advocacy Efforts for Indigenous Community of Kalimantan

In the midst of the high production of coal to meet the energy needs of society, JATAM strives to carry out a social campaign for environmental advocacy in the indigenous communities of Kalimantan. The purpose of this article is to describe the management of JATAM's deadly coal campaign in advocating for the environmental rights of indigenous communities in Kalimantan due to coal mining activities. A qualitative research approach was chosen to uncover data to address these objectives. The data collection techniques employed were interviews and documentation through online media monitoring. The data analysis technique utilized three stages: data reduction, data presentation, and drawing conclusions. The results obtained indicate that the campaign aims to advocate for the rights of indigenous communities in Kalimantan to have a safe and healthy environment without mining contamination. The primary target audience includes indigenous communities and the government. In its implementation, JATAM engages in discussions and provides writing training for indigenous communities. Furthermore, JATAM collaborates with Greenpeace and other international NGOs to conduct on-the-ground lobbying of government policies through various actions. The targeted communities have shown a change in attitude and behavior, demonstrating acceptance and willingness to learn about the impacts of mining and their rights to life in their indigenous land.

The resolution of customary community land rights issues based on government regulation no. 18 of 2021 and its relevance to the constitution in indonesia

This research aims to find a solution to the issue of customary community land rights concerning the usurpation of customary land rights in the Percut Sei Tuan District, Deli Serdang Regency. The purpose of this research is to determine the direction of Government Regulation No. 18 of 2021 in shaping policies regarding the resolution of customary land rights of indigenous communities. The research method used in this study is a normative juridical approach conducted by examining secondary data, both primary legal materials (primary sources) and secondary legal materials (secondary sources). The primary legal materials used consist of regulations related to the issues under investigation. The research approach used by the author in this paper is a qualitative approach to examine the problem formulations present in this paper. The nature of the research used by the author is normative research that tests the topic in this paper. The research findings indicate that the orbit of Government Regulation No. 18 of 2021 in shaping policies for resolving disputes regarding the customary land rights occupied by PTPN II. PTPN II is considered not in line with and deviates from the applicable laws, given that the actions of PTPN II have obstructed the indigenous communities from realizing their livelihoods based on their customary land rights. Various efforts have been made to curb the encroachment on customary land in Percut Sei Tuan, but their activities continue due to protection from certain law enforcement authorities, preventing the people of Percut Sei Tuan from benefiting from their customary land rights.

Intercultural dialogue as a precondition to mitigate tensions between the ordinary and the special indigenous jurisdictions in Colombia and Ecuador

Despite the jurisprudence issued by the Constitutional Courts of Colombia and Ecuador, which resolve tensions between the ordinary jurisdiction and the special indigenous jurisdiction, these continue to arise on issues such as prior consultation, legitimacy of the penalties applied by indigenous authorities, ethno-education (Colombia), bilingualism (Ecuador), and the rights of isolated indigenous peoples, to mention a few examples. In addition, the special indigenous jurisdiction is endorsed both by the Political Constitution of each country and by the international community, particularly by the American Declaration on the Rights of Indigenous Communities.
 However, even the majority society and public officials, not only those linked to the judicial branch, still do not fully accept the decisions made by the indigenous authorities in their territory.
 It could be said that the special indigenous jurisdiction has not been able to occupy its rightful place in the jurisdictional sphere of the countries. This article will recount the most significant events that have occurred at the international level and in each of the countries, up to the creation of the special indigenous jurisdiction and show the tensions that its creation and operation have caused, through the jurisprudence of the Constitutional Courts.
 Finally, it is necessary to promote intercultural dialogue between the ordinary jurisdiction and the special indigenous jurisdiction, with a strong participation of the majority society and the indigenous community, as a real possibility for the special indigenous jurisdiction to reach its full development.

Indigenous Lands with secure land-tenure can reduce forest-loss in deforestation hotspots

Due to human activities, most natural ecosystems of the world have disappeared and the rest are threatened. At a global scale, 40% of the remaining forests occur in Indigenous Peoples Lands (IPL). While several studies show that IPL contribute to conserve forest-cover and halt forest-loss, other studies have found opposite results. The differing results on the role of IPL in forest conservation and loss are probably because of the effect of other variables, e.g. land tenure security. In this study, we addressed the role of IPL in forest conservation and loss, differentiating IPL with land-tenure security (IPL-S) and insecurity (IPL-I). We worked in a deforestation hotspot, the South American Dry Chaco region. First, we mapped IPL in the Dry Chaco. Then, covering the period 2000–2019, we measured forest cover and loss in IPL-S, IPL-I and in areas that are not Indigenous (non-IPL). Finally, we used a matching estimators method to statistically evaluate if IPL-S and IPL-I halt forest loss. To avoid bias, we accounted for the effect of variables such as Country (Argentina/Bolivia/Paraguay), Protected Area (yes/no), etc. We created the first map of IPL for the Dry Chaco, and found that at least 44% of the remaining forests are in IPL, and 67% of them are IPL-I. Our results also showed that IPL-S work as deforestation barriers. Inside PA, the effect of IPL-S was not always significant, probably because PA were already reducing forest loss. The effect of IPL-I on halting forest-loss was variable. We conclude that land-tenure security is key for IPL to reduce forest-loss, adding evidence on the importance of securing land-tenure rights of Indigenous communities for conservation purposes. At a regional scale, a large proportion of the remaining forests are Indigenous and conservation initiatives should be co-developed with locals, respecting their rights, needs and cosmovisions.

Building a food sovereign society through indigenous forest establishment policy

The development of multicomplex food sovereignty necessitates a multisectoral approach, which requires cross-sectoral coordination on the part of the government as the policymaker in the food sector in order to build effective food security at the national level in Indonesia. The goal of this research is to encourage the Indonesian government to build a local food system through empowering local farmers especially indigenous peoples after the establishment of customary forests. The research is doctrinal legal research with a statutory approach using the hermeneutic interpretation method. The results showed that the participation of regional food agencies remains minimal in reality. This institutional crisis within the government’s food sovereignty agencies, coupled with a lack of political commitment and political will, has implications for the failure of food security programs in Indonesia. In order to achieve food sovereignty in Indonesia, Constitutional Court Decision No. 25/PUU-X/2012 becomes the primary basis for strengthening the rights of indigenous communities over indigenous forest ownership. Food sovereignty can only be reached by mastering green technology that fits the needs of indigenous peoples and is based on their traditional ways of doing things so that a follow-up policy that favors indigenous peoples is needed.

Federated learning and Indigenous genomic data sovereignty.

Indigenous peoples are under-represented in genomic datasets, which can lead to limited accuracy and utility of machine learning models in precision health. While open data sharing undermines rights of Indigenous communities to govern data decisions, federated learning may facilitate secure and community-consented data sharing.

Convention on Biological Diversity Post 2020 Target: A Critical Analyses of the Threat Posed by 30 X 30 Target, Devoid of a Human Rights Approach Towards Conservation to Land Rights in Developing Countries: Case Study Cameroon

In a bid to protect the country’s biodiversity, the government of Cameroon became party to the Convention of Biological Diversity. However, the conventions recent post 2020 and its 30 by 30 target which is aimed at designating 30% of earth’s land and Oceans has caused a lot of controversy amongst human rights advocates because of the threat it poses to indigenous land rights and has been welcomed by conservationist because of the potential it has towards the protection of biodiversity. This study was conducted to address the threat posed by the Convention on Biological Diversity and its 30 by 30 target to land rights of indigenous and traditional communities in Cameroon. The study employs a qualitative data analysis to arrive at the findings. Implementing the Convention of Biological Diversity post 2020 and its 30 by 30 target will further increase the land rights of indigenous communities in a country that already has a history of violating the land rights of indigenous communities. In order to ensure that the implementation of the Convention on biological diversity post 2020 and it’s 30 by 30 targets don’t violate the land rights of indigenous and traditional communities in Cameroon, the state must adopt a human rights-based approach towards conservation and also ensure that indigenous communities are not left out in the decision-making process in decisions that affects them directly.

Affectual Erasures: Representations of Indigenous Peoples in Argentine Cinema

Affectual Erasures: Representations of Indigenous Peoples in Argentine Cinema

Constraints to effective comanagement of New Zealand's customary fisheries: experiences of the East Otago Taiāpure

Centralization of fisheries management within large-scale, colonial governing bodies can remove access and management rights of Indigenous communities and deplete marine resources through a mismatch in bioecological and managerial scales. Management of pāua (blackfoot abalone, <em>Haliotis iris</em>) in Aotearoa New Zealand exemplifies this transition from small-scale fisheries management by tangata whenua (local Indigenous people with historical claim to the land, Māori) to central government regulation and subsequent overexploitation. Comanagement strategies have the potential to address degradation of biological and cultural diversity by returning management to local scales and authority to local people. New Zealand's customary fisheries management legislation aims to facilitate such a devolution of management back to tangata whenua through the establishment of Taiāpure Local Fisheries and Mātaitai Reserves. However, local management systems can remain constrained by the wider governance structures that encompass them. These constraints are discussed in relation to a management proposal for pāua harvesting made by the East Otago Taiāpure Management Committee. The proposal aimed to return fishing practices to a customary method, providing greater protection for declining pāua populations while allowing a small harvest to continue. After a long and protracted application process, central government did not support the proposed regulation. This opposition demonstrated many of the constraints that local management committees face as they endeavor to operate within the confines of broader legal frameworks: conflicting worldviews, inequitable power sharing, perceived inferiority of Indigenous customs, requirements for conventional science, and navigation of bureaucratic processes. Insights are also drawn from another small-scale abalone fishery (ormer, <em>Haliotis tuberculata</em>) in the Channel Islands, for which the desired regulation has been in place for over three decades.

CLIMATE CRISIS AS A CATALYST TO ADVANCE INDIGENOUS RIGHTS

Climate change is the most grievous threat of the 21st century and disproportionately affects politically marginalised communities such as Indigenous peoples. As custodians of approximately 80% of the planet’s biodiversity, Indigenous cultures have practised sustainable management of ecosystems and resources over millennia providing vital pathways for humanity to better mitigate accelerating climate change impacts. This article argues that a rights-based approach is an important legal avenue to help better protect and advance Indigenous peoples’ rights and the biodiversity in their regions. The challenge is to develop a framework that incorporates Indigenous rights into international human rights law while obtaining judicial buy-in by domestic legal systems and nations. Drawing from international legal instruments to better protect and bolster Indigenous rights, and using Aotearoa New Zealand as a case study, this paper identifies how rights of Indigenous communities can be enhanced while serving the global goals of climate change mitigation and adaptation.

Protection of Human Rights on The Rights of Indigenous Communities In Sesar Village Due To Coastal Reclamation

The right to the environment is a basic right that must be fulfilled by the state because it is a human right, for the community without guarantees. Protection of the right to the environment is the state's obligation in this case the local or district government. This study aims to identify and discuss the protection of human rights for the rights of indigenous peoples due to coastal reclamation and the state's responsibility for the rights of indigenous peoples due to the absence of environmental permits in coastal reclamation activities. This type of juridical empirical research uses a literature review based on theories, doctrines, and legal norms related to the issues discussed. This research is analytical prescriptive by explaining the problems raised based on legal provisions, norms, and theories and then analyzed qualitatively. The results showed that the protection of human rights to indigenous peoples due to the absence of environmental permits would impact the rights of indigenous people,s in this case, the right to survival. Moreover, the land of customary territory has been transferred under companies that exploit natural resources and enrich themselves. This also worsens their right to survival. For that, the active role of the community is also needed when seeing something that is suspicious, which will impact people's rights. For this reason, it is also expected that the community and local governments must build cooperation so that the environment remains managed and utilized, following the principles of development sustainability

Livelihoods and Dwelling Security: The Challenges of Indigenous Karen People

The Indigenous Karen people living in the Kaeng Krachan National Park (KKNP) in Western Thailand were evicted from their traditional village home by armed Thai forces to an allocated area. These operations have led to the enormous change in the traditional way of life. They cannot fully continue with their traditional ways of life. The misunderstanding of the livelihood system of the Karen is the critical problems. This paper aims to examine the challenges of indigenous Banggloy Karen people under regulation of the national park. This study is framed within a phenomenological perspective and draws on specific empirical experience by employing participant observation, interview and focus group. Empirical evidence shows that one of the main obstacles facing the Karen are the political issues that impact on the traditional way of life. The critical problem is the struggle to maintain their way of life in the current settlements; for example, the policies to reclaim the forest and relocate people are also a problem for those inhabiting the forest, who might be evicted. Law and regulation are the obstructions of traditional practice. Land allocation is also a part of the policy that reduces the shifting cultivation. Thus, the state should provide clear guidance within a human right framework and ecological approach and respect for the traditional knowledge and rights of indigenous communities including sustainable livelihoods. Keywords: Indigenous Karen, Dwelling Security, Conflict, Development, Banggloy, Ethnographic Method

Communities’ Sacred Mountains vs. State-owned Natural Resources – Towards a Rights-based Governance of Cultural and Biological Diversity in China

ABSTRACT In the multi-nation society of China, disputes related to the beliefs and customs of indigenous communities in the process of the state’s natural resources management have been increasing because of sports activities, tourism, extractive industries, hydropower and other infrastructure constructions. From a legal pluralism perspective, with a focus on the Tibetan mountain cult in the Kawagebo (Mt. Meili) mountain area, this research argues the existence of two types of governances based on different worldview, beliefs, normative frameworks and management practices: the community spiritual governance (CSG) and the state resources governance (SRG). By analysing the institutional constraints to, and the potentials of recognising the spiritual significance of, sacred mountains and rights of indigenous communities, this research justifies a pathway of turning SRG towards a ‘rights-based governance’ for coordinating these conflicts.