scholarly journals Environmental Law Politics and Malind Anim Indigenous People Rights Protection based on Free and Prior Informed Consent Principles

2018 ◽  
Vol 73 ◽  
pp. 02017
Author(s):  
Emiliana B. Rahail ◽  
Julianto J. J. Kalalo ◽  
Herbin F. Betaubun ◽  
Chyntia N. Kalalo
Keyword(s):  
Informed Consent ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Environmental Law ◽  
Legal Certainty ◽  
Rights Protection ◽  
Prior Informed Consent ◽  
The World ◽  
Relationship Of ◽  
The Relationship

Indigenous peoples and the environment are two things that are difficult to separate, because they are interdependent. The regulation of environmental law in Indonesia and in the world generally regulates the protection of indigenous peoples’ rights of the environment. Over time, conflicts over the environment often occur due to the needs of development that exploit the indigenous peoples’ environment. The problem in this paper is to protect the rights of indigenous peoples and their customary environment based on the Principles of Free and Prior Informed Consent (FPIC). Based on FPIC principles, indigenous peoples' rights of their environment can be protected and it will not cause harm to the indigenous peoples. When governments and investors use the customary environment of the indigenous people for both public and economic development interests, they must pay respect and appreciation to the indigenous peoples in the using the environment based on FPIC principles. This research was conducted by analyzing the rules of law and the principles of law, and examining the relationship of environmental law issues and the regulations that exist. The conclusion of this paper is that the principles of FPIC is the concept of environmental protection on the rights of indigenous peoples which must be applied in the existing laws of environmental law in Indonesia to maintain legal certainty in protecting indigenous peoples' customary environment.

A Māori Girl Watches, Listens, and Learns – Coming of Age from an Indigenous Viewpoint: Mauri (Merata Mita, 1988)

2018 ◽  
Author(s):  
Alistair Fox
Keyword(s):  
Indigenous People ◽  
Coming Of Age ◽  
Natural World ◽  
Feature Film ◽  
Indigenous Woman ◽  
Spiritual Dimension ◽  
The World ◽  
Life Force ◽  
Relationship Of ◽  
The Relationship

This chapter examines Merata Mita’s Mauri, the first fiction feature film in the world to be solely written and directed by an indigenous woman, as an example of “Fourth Cinema” – that is, a form of filmmaking that aims to create, produce, and transmit the stories of indigenous people, and in their own image – showing how Mita presents the coming-of-age story of a Māori girl who grows into an understanding of the spiritual dimension of the relationship of her people to the natural world, and to the ancestors who have preceded them. The discussion demonstrates how the film adopts storytelling procedures that reflect a distinctively Māori view of time and are designed to signify the presence of the mauri (or life force) in the Māori world.

scholarly journals SEGURIDAD Y JUSTICIA BAJO ACOSO EN TIEMPOS DE VIOLENCIA NEOLIBERAL: las respuestas de la policía comunitaria de guerrero

2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
The State ◽  
Community Police ◽  
El Sistema ◽  
The Right ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.

scholarly journals Recognition of Customary Court: Perspective of Judicial Power and Special Autonomy of Papua

2018 ◽  
Vol 1 (2) ◽  
pp. 162-186
Author(s):  
Frans Reumi
Keyword(s):  
Indigenous Peoples ◽  
Customary Law ◽  
Judicial Power ◽  
Legal Basis ◽  
Legal Certainty ◽  
Ne Bis In Idem ◽  
Customary Court ◽  
Article 50 ◽  
Relationship Of ◽  
The Relationship

The excellence of customary court for indigenous peoples of Papua as a peace justice institution which is one of the specific rights of Special Autonomy of Papua and it regulated in Article 50 paragraph (2) juncto Article 51 paragraph (1), and Article 43 paragraph (1) of Act No. 21 of 2001 in the field of executive. The recognition of customary court of Papua referred to as “traditional rights” in accordance with Article 18B paragraph (2) juncto Article 24 paragraph (3) and Article 28I paragraph (3) of the 1945 Constitution, its relevance to Article 35 paragraph (3) letter d and Article 58 No. 48 of 2009 and in Article 1 No. (5) of Act No. 49 of 2009 is not synchronized for indigenous peoples of Papuan that perform the function of customary court in the Judicial Power system in the field of judicative informally. The object of this study is related to the primacy of the recognition of customary justice: perspective of judicial power and special autonomy of Papua by using normative juridical method. The results indicate the weakness of the recognition of customary court of Papua against: 1) the institutional of customary court, 2) authority and 3) the decision of customary court over the case or the customary dispute and the principle of ne bis in idem in the function of Judicial Power. Its implementation raises the conflict of norms on the Acts of Judicial Power and the Special Autonomy of Papua. For future, the customary court of Papua needs to be a synchronization of the legal basis of the relationship of authority recognition in the Act of Judicial Power and the Special Autonomy of Papua, in order to fulfill a sense of legal certainty and justice for indigenous people of Papua as multicultural and customary law as the living law.

On Metaphysics and the Political: A Polemics of Reading Baudelaire in the 1930s

2019 ◽  
Vol 58 (2) ◽  
pp. 249-259
Author(s):  
Joseph Acquisto
Keyword(s):  
Twentieth Century ◽  
Political Crisis ◽  
The Political ◽  
Modern Poetry ◽  
Progressive Politics ◽  
The World ◽  
Relationship Of ◽  
The Relationship ◽  
Insight Into

This essay examines a polemic between two Baudelaire critics of the 1930s, Jean Cassou and Benjamin Fondane, which centered on the relationship of poetry to progressive politics and metaphysics. I argue that a return to Baudelaire's poetry can yield insight into what seems like an impasse in Cassou and Fondane. Baudelaire provides the possibility of realigning metaphysics and politics so that poetry has the potential to become the space in which we can begin to think the two of them together, as opposed to seeing them in unresolvable tension. Or rather, the tension that Baudelaire animates between the two allows us a new way of thinking about the role of esthetics in moments of political crisis. We can in some ways see Baudelaire as responding, avant la lettre, to two of his early twentieth-century readers who correctly perceived his work as the space that breathes a new urgency into the questions of how modern poetry relates to the world from which it springs and in which it intervenes.

When Rights Embrace Responsibilities

2018 ◽  
Author(s):  
Giulia Sajeva
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Economic Interests ◽  
Group Rights ◽  
Potential Applicability ◽  
Protection Of Human Rights ◽  
Relationship Of

The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.

IV.—The Geological Development, Descent and Distribution of the Mammalia

1893 ◽  
Vol 10 (9) ◽  
pp. 401-412 ◽  
Author(s):  
Karl A. von Zittel
Keyword(s):  
South America ◽  
The Past ◽  
Limited Experience ◽  
The World ◽  
Relationship Of ◽  
North And South America ◽  
The Relationship ◽  
North And South ◽  
Animal World

In a spirited treatise on the ‘Origin of our Animal World’ Prof. L. Rütimeyer, in the year 1867, described the geological development and distribution of the mammalia, and the relationship of the different faunas of the past with each other and with that now existing. Although, since the appearance of that masterly sketch the palæontological material has been, at least, doubled through new discoveries in Europe and more especially in North and South America, this unexpected increase has in most instances only served as a confirmation of the views which Rutimeyer advanced on more limited experience. At present, Africa forms the only great gap in our knowledge of the fossil mammalia; all the remaining parts of the world can show materials more or less abundantly, from which the course followed by the mammalia in their geological development can be traced with approximate certainty.

Reconceptualizing the Public Spaces of New Urban Areas in Hanoi: The End or the New of Public-Making?

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Minh-Tung Tran ◽  
◽  
Tien-Hau Phan ◽  
Ngoc-Huyen Chu ◽  
◽  
...  
Keyword(s):  
Public Space ◽  
Urban Areas ◽  
Public Spaces ◽  
The Public ◽  
Doi Moi ◽  
The World ◽  
Relationship Of ◽  
The Relationship ◽  
The City ◽  
Neighborhood Level

Public spaces are designed and managed in many different ways. In Hanoi, after the Doi moi policy in 1986, the transfer of the public spaces creation at the neighborhood-level to the private sector has prospered na-ture of public and added a large amount of public space for the city, directly impacting on citizen's daily life, creating a new trend, new concept of public spaces. This article looks forward to understanding the public spaces-making and operating in KDTMs (Khu Do Thi Moi - new urban areas) in Hanoi to answer the question of whether ‘socialization’/privatization of these public spaces will put an end to the urban public or the new means of public-making trend. Based on the comparison and literature review of studies in the world on public spaces privatization with domestic studies to see the differences in the Vietnamese context leading to differences in definitions and roles and the concept of public spaces in KDTMs of Hanoi. Through adducing and analyzing practical cases, the article also mentions the trends, the issues, the ways and the technologies of public-making and public-spaces-making in KDTMs of Hanoi. Win/loss and the relationship of the three most important influential actors in this process (municipality, KDTM owners, inhabitants/citizens) is also considered to reconceptualize the public spaces of KDTMs in Hanoi.

scholarly journals Leaders’ Image Concerns Is Moderator to Interfere with Leader Career Role and Leader Impression Management

2016 ◽  
Vol 11 (5) ◽  
pp. 121
Author(s):  
Mei-Mei Lin
Keyword(s):  
Structural Equation Modeling ◽  
Impression Management ◽  
Structural Equation ◽  
Skill Training ◽  
Equation Modeling ◽  
Management Problem ◽  
Personal Character ◽  
The World ◽  
Relationship Of ◽  
The Relationship

<p>There is no same image who displayed out in the world because Leader career roles developed always leans on personal character, but it could describe as each person trend to play some a particular role. However the career role developed by nature and environment, impression management upon nurture education and skill training meanwhile involve with final result so that this work supposes career role would significant influence impression management. Hence image could be control if who would like to mold into a particular image on purpose for achievement. In addition to leaders in organization always have more pressure than employees whether performance or profit especial in such economic hardship. So that this work assumes leader career role significant affect to leader impression management and leaders’ image concerns is moderator to interfere with the relationship of these two aspects. At last this work assays hypotheses successful via structural equation modeling. According to the result, this work looks forward to make industries to clear up management problem and digs out more potential crises.</p>

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