Litigating indigenous peoples’ cultural rights: Comparative analysis of Kenya and Uganda

2018 ◽  
Vol 77 (2) ◽  
pp. 204-222 ◽  
Author(s):  
Jérémie Gilbert ◽  
Kanyinke Sena
Keyword(s):  
Comparative Analysis ◽  
Indigenous Peoples ◽  
Cultural Rights

scholarly journals Internationalized Framing in Social Movements against Mining in India and the Philippines

2018 ◽  
Vol 34 (2) ◽  
pp. 195-218
Author(s):  
Radhika Borde ◽  
Elisabet Dueholm Rasch
Keyword(s):  
Social Movements ◽  
Comparative Analysis ◽  
Environmental Protection ◽  
Indigenous Peoples ◽  
The Philippines ◽  
The Other ◽  
Cultural Rights ◽  
Mining Companies

There are several documented cases of indigenous peoples’ conflicts with mining companies, often for the reason that the land planned for mining is sacred or culturally significant to them. This article presents a comparative analysis of two specific anti-mining social movements in India and the Philippines that combined an emphasis on environmental protection with an emphasis on indigenous cultural rights. We show how the emphasis on indigeneity in these social movements played itself out in relation to globalized frames, as well as the other frames within which the movements were also situated.

Competing Values in World Culture and the Emergence of Middle Ground

2008 ◽  
Vol 7 (1) ◽  
pp. 28-50
Author(s):  
Eun young Song
Keyword(s):  
Human Rights ◽  
Protected Areas ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Human Interaction ◽  
Wild Plants ◽  
Biological Knowledge ◽  
Middle Ground ◽  
Cultural Rights ◽  
Rights Issues

AbstractThis paper, focusing on a Botswanan case of Community-Based Natural Resource Management (CBNRM), illustrates how globalized norms in seeming competition nonetheless reveal a potential middle ground. In Botswana there have been conflicts between regimes of environmentalism and indigenous cultural rights. Environmental protectionism has been based on a concept of “pristine nature” which does not allow for human interaction. Thus, the more protected areas are designated, the more indigenous peoples' lands are claimed as nature reserves. This forces local peoples to abandon cultural practices such as hunting animals and gathering wild plants. In contrast, impelled by the ascention of human rights issues, advocacy groups for the unorganized fourth world and indigenous communities have been struggling to protect indigenous people's cultural rights, thereby giving prominence to human rights issues. NGO advocates for indigenous peoples as well as professionals involved with indigenous groups have found that indigenous people's practices are in fact not harmful to the ecosystem. Rather, their ethno-biological knowledge and customary activities contribute to balancing the local ecosystem. This means that conflicting guidelines can be harmonized in “buffer zones” around protected areas, and the buffering program that has resulted, that by CBNRM, has been widely accepted in Botswana and is likely applicable to other countries in which we find similar value competition.

scholarly journals The birth of minority legislation in the newly independent Finland and Estonia (1918–1920): a comparative analysis

2021 ◽  
Vol 13 (2) ◽  
pp. 61-84
Author(s):  
Kari Alenius
Keyword(s):  
Comparative Analysis ◽  
Political Parties ◽  
Interest Groups ◽  
Ethnic Minorities ◽  
Social Order ◽  
Historical Perspective ◽  
Cultural Rights ◽  
The Third ◽  
International Trends ◽  
The Relationship

This article analyzes how ethnic minorities were taken into account in the Finnish and Estonian constitutions, and why account was taken precisely in a certain way. At the same time, it approaches what kinds of views were presented by different political parties and interest groups, what kind of debate was being held in Parliament and how the matter was dealt with in the leading media. The outcome of the process in both countries was that exceptionally broad linguistic and cultural rights were given to minorities if the situation was compared with the rest of Europe. There were several factors behind the process. One factor was the relationship between ethnic groups in Finland and Estonia in the historical perspective. Another factor was each country's internal debate on what kind of social order in general was to be built. The third factor was how the politics in Finland and Estonia was influenced by international trends and theories about how ethnic minorities should have been treated.

scholarly journals What’s yours is mine and what’s mine is mine? Re-thinking intellectual property and research ethics from the experience of the Purhépecha community of Cherán

2019 ◽  
Vol 10 (1) ◽  
pp. 6-34
Author(s):  
Lucero Ibarra Rojas ◽  
Ezequiel Escobedo Osorio
Keyword(s):  
Intellectual Property ◽  
Indigenous Peoples ◽  
Cultural Policy ◽  
Continuous Process ◽  
Cultural Rights ◽  
The Social ◽  
Indigenous Perspectives ◽  
Wide Group ◽  
Legal Frameworks ◽  
Collaborative Methodology

Intellectual property and cultural policy are essential to the practice of cultural rights, however, in both legal frameworks, indigenous peoples have often found that the state has little consideration for their voices and their world views. In contrast, though no more representative of indigenous perspectives, the social sciences, while engaging with indigenous voices, have often treated them as a source to be appropriated with disregard of their rights and agency. Through an activist and collaborative methodology that includes the concerns of a wide group of indigenous and non-indigenous persons, this article explores how the oral history project of the Fogata Kejtsitani in the Purhépecha community of Cherán, México, contributes to discussions on the appropriation and dissemination of culture. This community has managed the recognition of their right to autonomy, and in so doing, has founded a continuous process of law creation, on which Kejtsitani takes part. La propiedad intelectual y la política cultural son esenciales para la práctica de derechos culturales, sin embargo, en ambos marcos jurídicos los pueblos indígenas frecuentemente han encontrado que el Estado tiene poca consideración por sus voces y cosmovisiones. En contraste, aunque sin ser más representativo de las perspectivas indígenas, las ciencias sociales que se han relacionado con voces indígenas, frecuentemente las han tratado como una fuente para ser apropiada, descartando sus derechos y agencia. A través de una metodología activista y colaborativa que incluye las inquietudes de un amplio grupo de personas indígenas y no-indígenas, este artículo explora cómo el proyecto de historia oral de la Fogata Kejtsitani en la comunidad Purhépecha de Cherán, México, contribuye a las discusiones sobre la apropiación y diseminación de la cultura. Esta comunidad ha logrado el reconocimiento de su derecho de autonomía y, al hacerlo, ha fundado un proceso continuo de creación de derecho del cual Kejtsitani también forma parte.

The Rights of Indigenous Peoples in Lands Once Part of the Old Dominions of the Crown

1997 ◽  
Vol 46 (4) ◽  
pp. 812-830 ◽  
Author(s):  
Anthony Mason
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Moral Foundations ◽  
Political Rights ◽  
Land Resources ◽  
Way Of Life ◽  
Cultural Rights ◽  
The World ◽  
Civil And Political Rights ◽  
Rights Issue

Of all the rights of indigenous people, none is more central to the survival of their culture than the claim to their ancestral lands. The resolution of their claims to ancestral lands is one of the fundamental issues of our time—indeed of all time. Often called a human rights issue—a description apt to reinforce the strong moral foundations of the claims of the indigenous peoples—it is an issue which we cannot ignore. Throughout the world people of all races and all colours have a powerful emotional attachment to their ancestral lands. That attachment is the very core of a people's culture and is vital to the survival of the culture. As the UN Human Rights Committee has recognised, in the context of the exercise of cultural rights protected by Article 27 of the International Covenant on Civil and Political Rights, “culture manifests itself in many forms, including a particular way of life associated with the use of land resources”.

Die Rechte indigener Völker im Menschenrechtssystem

2022 ◽  
Author(s):  
Jessika Eichler
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
International Human Rights ◽  
Politics Of Recognition ◽  
Human Rights Protection ◽  
Collective Rights ◽  
Cultural Rights ◽  
Rights Protection ◽  
Political Economic ◽  
Special Rights

This textbook offers insights into the recently established special rights regime on indigenous peoples’ rights at international level. The reader is guided from the early beginnings of this issue in the 1970s to current jurisprudential developments. International and regional norms are introduced and contrasted with societal and political challenges. The book also opens broader debates on the politics of recognition and decolonisation, multilateral systems and global governance, the pluralisation of society and its institutions, collective rights and the meaning of civil, political, economic, social and cultural rights. This group-specific field of the international human rights protection system is viewed through the lenses of international law and socio-political approaches.

Cultural and Collective Rights of Indigenous Peoples in Venezuela

2015 ◽  
pp. 110-134
Author(s):  
Soledad Torrecuadrada García-Lozano ◽  
Vladimir Aguilar Castro ◽  
Carlos Grimaldo Lorente
Keyword(s):  
Indigenous Peoples ◽  
Legal Framework ◽  
Cultural Traditions ◽  
Indigenous Cultures ◽  
Collective Rights ◽  
Cultural Rights ◽  
Nation States ◽  
Positive Assessment ◽  
History Of ◽  
Indigenous Perspective

In this chapter, the authors attempt to demonstrate that respect for cultural identity of all human groups should be seen as a fundamental right. Ignoring Collective rights of indigenous peoples, those related to their cultural traditions, generally causes the lack of respect. Thus, knowledge of the cultural manifestations and their origin and meaning (as part of the history of the territories they inhabit) can conquer this respect on a par with its defense. This obviously with comprehensive training aimed to sensitize the general population in the positive assessment it deserves it different. The actions of nation-states governments with strong indigenous population has been characterized, until recently, by a remarkable disregard for indigenous cultures, having as a result the result of which such attitude, today from the non - indigenous perspective indigenous cultural manifestations are reduced to colorful folklore shows, when not seen as backward and primitive traditions. This chapter delves deeply into the legal framework for the protection of collective and cultural rights of indigenous peoples. The authors also attempt to show the weaknesses of the law and how states should act to strengthen them. Proposed article does emphasis on indigenous traditional knowledge and not in a wider debate on the topic of knowledge in general.

World(build)ing in Mohawk- and Seneca-Language Films

2020 ◽  
Vol 58 (1) ◽  
pp. 214-225
Author(s):  
Penelope Kelsey
Keyword(s):  
Social Media ◽  
Comparative Analysis ◽  
Indigenous Peoples ◽  
Consumer Culture ◽  
Oral Tradition ◽  
Language Revitalization ◽  
Star Wars ◽  
Revitalization Movements ◽  
Navajo Language

Abstract This essay brings Zayin Cabot’s concept of “ecologies of participation” into conversation with contemporary Mohawk- and Seneca-language films and language revitalization movements. For Indigenous peoples, these participatory events are often interactive storying of worlds, whether told in film, social media, or oral tradition. As a particularly salient example, the essay considers Mohawk director Karahkwenhawi Zoe Hopkins’s adaptation of Star Wars: A New Hope in Star Wars Tsyorì:wat IV—Yonhská:neks (2013) in a comparative analysis with both the Navajo-language Star Wars: Episode IV and the Seneca-language films Kohgeh and Tših to highlight critical choices Karahkwenhawi makes in translation, both linguistic and visual, vis-à-vis settler colonial consumer culture. The essay concludes that her adaptation foregrounds supposed “advances” of Western technocratic capitalism; highlights the constructed, fallible, and ephemeral nature of these technologies; and potentiates other technologies and ecologies based in Mohawk ontologies.

scholarly journals LITIGATING INDIGENOUS PEOPLES’ RIGHTS IN AFRICA: POTENTIALS, CHALLENGES AND LIMITATIONS

2017 ◽  
Vol 66 (3) ◽  
pp. 657-686 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Comparative Analysis ◽  
Indigenous Peoples ◽  
Land Rights ◽  
Indigenous Communities ◽  
African Continent ◽  
Legal Empowerment

AbstractAdopting a comparative analysis, this article examines some recent litigation which has focused on indigenous peoples’ rights across the African continent. The aim is to explore both the potential and the challenges and limitations of litigation as a tool for supporting the rights of indigenous peoples. The article explores the extent to which a specific African jurisprudence is emerging on issues that are essential to indigenous peoples such as non-discrimination, self-identification, land rights and development. It also focuses on the practical issues that arise when engaging with litigation in order to explore the extent to which litigation can contribute to the legal empowerment of some of the most marginalized indigenous communities in Africa.

scholarly journals GERAKAN MASYARAKAT ADAT SAMI DAN KONTESTASI SUMBER DAYA ALAM

2017 ◽  
Vol 8 (2) ◽  
pp. 125
Author(s):  
Manggala Ismanto
Keyword(s):  
Cultural Identity ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
Cultural Practices ◽  
Minority Rights ◽  
Minority Communities ◽  
Cultural Rights ◽  
Indigenous Movement ◽  
The Right

The main agenda of the indigenous movement is fighting for political and cultural rights of ethnic minority communities in accordance with unique historical and cultural practices that they have. As Kymlicka said, minority rights must also be fought because they are on a system that is governed by the majority who pretend to produce injustice. Sami Indigenous Movement in Norway is a form of a long struggle to obtain the right independently to manage natural resources. Currently Sami struggling to maintain the uniqueness of the cultural identity and living practices that have been owned for generations. This paper would like to see the establishment of indigenous peoples' movement Sami in Norway as well as the practice of social movements committed to demanding social change related to self-governance and autonomy of management of natural resources.Keywords: Indigenous Movement, Sami People, Identity,  Otonomy,Natural Resource ManagementAbstrakAgenda utama dalam gerakan adat atau indigenous movement adalah memperjuangkan hak politik dan budaya komunitas etnis yang menjadi minoritas sesuai dengan keunikan historis serta praktik budaya yang mereka miliki. Seperti yang dikatakan oleh Kymlicka, bahwa hak-hak minoritas juga harus diperjuangkan karena mereka berada pada sistem yang diatur oleh mayoritas yang berpretensi menghasilkan ketidakadilan. Gerakan Masyarakat Adat Sami di Norwegia merupakan bentuk perjuangan panjang untuk memperoleh hak secara mandiri untuk mengelola sumber daya alam. Saat ini masyarakat Sami berjuang untuk mempertahankan keunikan identitas budaya dan praktik hidup yang telah dimiliki secara turun temurun. Tulisan ini ingin melihat pembentukan gerakan masyarakat adat Sami di Norwegia serta praktik gerakan sosial yang dilakukan untuk menuntut perubahan sosial terkait dengan self-governancedan otonomi pengelolaan sumber daya alam.Kata kunci: Gerakan Masyarakat Adat, Sami, Identitas, Otonomi, Pengelolaan Sumber DayaAlam 

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