Territories Of Indigenous Peoples Research Articles

Sociocultural risks of resource extraction for the low-carbon energy transition: Evidence from the Global South

The ongoing global transition to low-carbon energy relies on access to energy transition minerals (ETMs), bringing to life new mining projects. This shift is particularly impacting the Global South, due to high levels of interaction of mineral deposits with territories of Indigenous peoples and peasants, weak governance and remoteness. Focusing on the sustainability and justice of energy transitions, previous research has identified a range of environmental and social impacts of ETM mining across Global South countries. We argue that current research overlooks impacts of energy transition-related mining on tangible and intangible cultural heritage of land-connected people. This paper seeks to address this gap by examining the intersection of ETM mining and sociocultural practices in the Global South from spatial, governance and justice perspectives. Based on an extensive literature review, this article critically addresses key themes in the literature on the social aspects of energy transitions and uses cases from Ghana, the Democratic Republic of Congo (DRC), Chile, and Papua New Guinea (PNG) to demonstrate the immediate and long-term sociocultural impacts associated with ETM mining. It is important to foster an all-encompassing approach to planetary just energy transitions that places equal weight on ensuring cultural alongside environmental, economic and social sustainability.

The atlas of unburnable oil for supply-side climate policies

To limit the increase in global mean temperature to 1.5 °C, CO2 emissions must be drastically reduced. Accordingly, approximately 97%, 81%, and 71% of existing coal and conventional gas and oil resources, respectively, need to remain unburned. This article develops an integrated spatial assessment model based on estimates and locations of conventional oil resources and socio-environmental criteria to construct a global atlas of unburnable oil. The results show that biodiversity hotspots, richness centres of endemic species, natural protected areas, urban areas, and the territories of Indigenous Peoples in voluntary isolation coincide with 609 gigabarrels (Gbbl) of conventional oil resources. Since 1524 Gbbl of conventional oil resources are required to be left untapped in order to keep global warming under 1.5 °C, all of the above-mentioned socio-environmentally sensitive areas can be kept entirely off-limits to oil extraction. The model provides spatial guidelines to select unburnable fossil fuels resources while enhancing collateral socio-environmental benefits.

The Progressive Legal Perspective of Legal Justice in Customary Dispute Resolution Related to Natural Resources

The absence of special arrangements regarding customary law has the potential to cause inferiority in the position of customary law compared to the substance of national law in customary disputes relating to natural resources. This study seeks to analyze and formulate the idea of ​​resolving customary disputes over the management of natural resources in a progressive legal perspective to achieve justice. The results of the study confirmed that the problems of customary disputes related to the management of natural resources, especially those that occurred in the territories of indigenous peoples, made the position of customary law weaker compared to national law. This happens because regulations regarding indigenous peoples have not been ratified. Legal efforts to settle natural resource customary disputes to achieve justice in a progressive legal perspective need to be regulated through the establishment of a Perppu (Government Regulation in Lieu of Law) to facilitate the position of customary law in resolving customary disputes in the field of natural resource management. In the Perppu, it is hoped that there will be confirmation regarding the enactment of the conception of legal pluralism so that customary law has an equal position with national law in customary disputes over natural resource management.

Ethical, legal, and social issues in the Earth BioGenome Project

The Earth BioGenome Project (EBP) is an audacious endeavor to obtain whole-genome sequences of representatives from all eukaryotic species on Earth. In addition to the project’s technical and organizational challenges, it also faces complicated ethical, legal, and social issues. This paper, from members of the EBP’s Ethical, Legal, and Social Issues (ELSI) Committee, catalogs these ELSI concerns arising from EBP. These include legal issues, such as sample collection and permitting; the applicability of international treaties, such as the Convention on Biological Diversity and the Nagoya Protocol; intellectual property; sample accessioning; and biosecurity and ethical issues, such as sampling from the territories of Indigenous peoples and local communities, the protection of endangered species, and cross-border collections, among several others. We also comment on the intersection of digital sequence information and data rights. More broadly, this list of ethical, legal, and social issues for large-scale genomic sequencing projects may be useful in the consideration of ethical frameworks for future projects. While we do not—and cannot—provide simple, overarching solutions for all the issues raised here, we conclude our perspective by beginning to chart a path forward for EBP’s work.

Ketahanan Pangan Masyarakat Adat Sebagai Wujud Pemenuhan Ham Dalam Masa Pandemi Covid-19

This study aims to analyze and determine the food security of indigenous peoples during the Covid 19 pandemic and the legal implications of food security for indigenous peoples that were not fulfilled during the Covid 19 pandemic. This type of juridical normative research uses literature review based on theory, doctrine and norms laws relating to the issues discussed. This research is an explanatory analytical prescriptive by explaining the problems raised based on legal provisions, norms and theories and then analyzed qualitatively. In the end, we will draw a conclusion as an answer to the problems discussed. Based on the results of research on food security, indigenous peoples have been greatly affected by the COVID-19 pandemic. Moreover, the lands and territories of indigenous peoples have been under the control of companies exploiting their natural resources. Of course this will further exacerbate their rights to food needs. In international and national legal instruments, the State's responsibility to protect and fulfill their right to food has been formulated. The solutions to the various situations and conditions that hinder the implementation of State responsibility must be resolved. If the State does not immediately carry out its responsibilities related to basic rights such as the right to food, then the State will be deemed to have committed a violation and according to international law can be prosecuted.

A Theoretical Basis for Addressing Culture in Undergraduate Mining Education

Communicating across cultural difference is a challenge for the mining industry as its attempts to gain social licence to operate in the traditional territories of Indigenous peoples. Industry organizations affirm their intention to respect communities and to develop mutually beneficial relationships, but because an understanding of culture is not a part of the mining engineer’s expertise, this goal cannot be fully realized. The undergraduate mining curriculum could address this deficiency through a critical study of culture and development of the dialogic communication skills associated with intercultural competence.
 Arguing that the epistemology of engineering is problematic in the cultural encounter, this paper examines, the ways in which disciplinary culture is transmitted and mechanisms for cultural change. With the objective of producing interculturally competent mining engineers, it outlines application of critical theories to deconstruct the hegemony of engineering knowledge and of communication theories to support a culturally-competent and effective approach to knowledges.

Corporate power, US drug enforcement and the repression of indigenous peoples in Latin America

The question that motivates this article is: what are the mechanisms through which the prosecution of the drug war in Latin America lead to human rights repression? In answering this question, I theorise that drug enforcement is a coalition of actors that facilitates domestic and international consensus around prohibition as a mechanism for corporate expansion. Drug war infrastructure financing is likely to facilitate the expansion of corporate investments by resource-seeking industries that require greater land use, which encroaches on the ancestral territories of indigenous peoples. And, in response to indigenous resistance to corporate appropriation of ancestral lands, resource-seeking transnational corporations will collude with private security firms and paramilitary organisations to repress and eliminate indigenous resistance. In the process of accumulating capital in Latin America, transnational corporations, domestic security, and paramilitary organizations are the drug enforcement coalition’s mediators of terror.

Resource Extraction in the Territories of Indigenous Peoples: The Quest for Cultural Rights

Resource Extraction in the Territories of Indigenous Peoples: The Quest for Cultural Rights

The Blurred Lines: Analysing the Dynamics of States' Duty and Corporate Responsibility to Consult in Developing Countries

In recent years, indigenous groups from every corner of the world have become enlightened about the platform of indigenous human rights 1 as distinct sets of enforceable privileges by which they may, collectively as a societal unit, assert their basic human rights and ensure the socio-cultural survival and economic sustenance of their communities. In light of this development, there have been increases in debates at different domestic forums due to demands being made by many indigenous communities for greater engagement in terms of their participation in decision-making processes concerning matters that affect their domain. Many have rightly pointed out that one of the most common problems facing indigenous peoples throughout the world today is the lack of adequate implementation of good faith consultation before the making of decisions or carrying out projects that may affect territories of indigenous peoples. This problem is even more severe in less-developed regions of the world, such as Africa, where there are very thin bodies of constitutional and regulatory support

Indigenous Peoples, Resource Extraction and Sustainable Development: An Ethical Approach

Resource extraction companies worldwide are involved with Indigenous peoples. Historically these interactions have been antagonistic, yet there is a growing public expectation for improved ethical performance of resource industries to engage with Indigenous peoples. (Crawley and Sinclair, Journal of Business Ethics 45, 361-373 (2003)) proposed an ethical model for human resource practices with Indigenous peoples in Australian mining companies. This paper expands on this work by re-framing the discussion within the context of sustainable develop- ment, extending it to Canada, and generalizing to other resource industries. We argue that it is unethical to sacrifice the viability of Indigenous cultures for industrial resource extraction; it is ethical to engage with indigenous peoples in a manner consistent with their wishes and needs as they perceive them. We apply these ideas to a case study in the coastal temperate rainforest of Clayoquot Sound, British Columbia, Canada. In this case a scientific panel comprised of Nuu-Chah-Nulth elders, forest scientists and manage- ment professionals, achieved full consensus on developing sustainable forest practice standards by drawing equally on Indigenous traditional ecological knowledge and Western science in the context of one of the most heated and pro- tracted environmental conflicts in Canadian history. The resulting sustainable forest practice standards were later adopted by leading forestry firms operating on the coast. Our analysis of this scientific panel's success provides the basis for advancing an ethical approach to sustainable development with Indigenous peoples. This ethical ap- proach is applicable to companies working in natural re- source industries where the territories of Indigenous peoples are involved.

Access to genetic resources and protection of traditional knowledge in the territories of indigenous peoples

It is estimated that between 25 000 and 75 000 plant species are used for traditional medicine. Only 1% is known by scientists and accepted for commercial purposes. Part of the modern pharmaceutical industry is developed on the basis of plants discovered and use by indigenous peoples and local communities, even though the economic benefits are not equitably shared. The Convention on Biological Diversity, 1992 (CBD) mandates that contracting Parties, to preserve and maintain knowledge, innovations and practices of indigenous peoples and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovation and practices and encourage the equitable sharing of benefits arising from the utilization of such knowledge, innovations and practices. Traditional Knowledge in the fields of medicine, healing, and biodiversity conservation are well known and the need for protection of this traditional knowledge is a cross-cutting issue at the moment involved in discussions from different institutions, with different approaches. The Intellectual Property Rights mechanisms are not able at the moment to protect those forms of traditional knowledge and indigenous peoples and local communities believe that they are subject of biopiracy which is the unauthorized use of traditional knowledge or biological resources. It is neccesary to work with indigenous peoples and local communities to provide legal tools, and various forms of proteccion of traditional knowledge and to achieve international consensus on the solutions obtained.