Territory, Private Authority, and Rights

2021 ◽  
Author(s):  
Tim Bartley
Keyword(s):  
Sustainable Agriculture ◽  
Indigenous Peoples ◽  
Global Markets ◽  
Forest Certification ◽  
Payment For Ecosystem Services ◽  
Prior Informed Consent ◽  
Nation States ◽  
The World ◽  
Sustainability Standards ◽  
Indigenous Land

Sustainability certification initiatives seek to harness the power of transnational corporations to reform environmentally damaging practices around the world. This amounts to a kind of de-territorialized authority that governs through global markets rather than nation-states. Yet in certifying land and reforming its uses, sustainable agriculture and forestry initiatives confront a resource that is deeply tied to state sovereignty while potentially also being claimed by Indigenous peoples. This chapter asks what happens as transnational sustainability standards meet the nationally rooted and contested governance of land. It examines the place of “free and prior informed consent” for the use of Indigenous land in the leading sustainable agriculture and forestry initiatives, and it highlights the significance of the state and civil society through a brief comparison of forest certification in Indonesia and China. Further research should look not only within the world of sustainability standards but also to parallel questions about land rights in projects focused on timber legality and payment for ecosystem services.

scholarly journals From Place to Territories and Back Again

2008 ◽  
Vol 1 (1) ◽  
pp. 34 ◽  
Author(s):  
Mishuana Goeman
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Studies ◽  
The State ◽  
Nation State ◽  
Political Struggle ◽  
State Spaces ◽  
Nation States ◽  
The World ◽  
Natural Element

This article explores the geopolitical importance of the word “land” to the field of Indigenous studies. Rather than simply take the word “land” as a given and natural element of the world around us, in this article I suggest a closer interrogation of the multiple social and geopolitical meanings that make land a key concept in indigenous political struggle. The processes of colonialism and neocolonialism resulted in abstracting land as part of making nations that are recognized by the liberal settler nation-states. How have concepts of land changed in this process? How do we make Indigenous spaces that are not based on abstracting land and Indigenous bodies into state spaces, while maintaining political vitality? How are the lived realities of Indigenous peoples impacted by concepts of borders and territories that support the power of the nation-state? I draw on the narrative dimensions of land in the work of Indigenous writers in order to intercede in limiting the meanings of land to those mapped by the state.

Contesting State Multiculturalisms: Indigenous Land Struggles in Eastern Panama

2006 ◽  
Vol 38 (4) ◽  
pp. 829-858 ◽  
Author(s):  
LYNN HORTON
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
State Recognition ◽  
Contemporary State ◽  
Transformative Potential ◽  
Nation States ◽  
Indigenous Groups ◽  
Simultaneous Implementation ◽  
Indigenous Land

This article examines the implications of Latin America's recent wave of state-embraced multiculturalism for the region's indigenous peoples, arguing that state recognition of indigenous difference is not inevitably empowering for indigenous groups or transformative of nation-states. It utilises data from fieldwork with the Kuna Indians of eastern Panama in order to delineate more precisely the contexts and strategies of indigenous peoples which may serve to push outwards more constrained forms of institutional multiculturalism. It explores the links between Panama's historical nationalist project, contemporary state multiculturalism and ethnically specific forms of mobilisation for land rights and autonomy. It also examines the transformative potential of multiculturalism in the context of the simultaneous implementation of global economic and cultural projects of neoliberalism.

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.

scholarly journals O Conceito de Território para o Povo Ye'kuana que Habita a Região de Auaris – Terra Indígena Yanomami - Roraima

2017 ◽  
Vol 11 (3) ◽  
pp. 18
Author(s):  
Castro Costa Da Silva ◽  
Maria Bárbara Magalhães Bethonico
Keyword(s):  
Indigenous Peoples ◽  
Specific Area ◽  
Initial Investigation ◽  
The World ◽  
Indigenous Land

Este artigo tem como finalidade discutir o conceito de território para os Ye'kuana, povo que habita a Terra Indígena Yanomami, no extremo nordeste de Roraima. Os povos indígenas têm seu domínio territorial desde os tempos remotos e imemoriais, significando os locais onde seus ancestrais habitaram. A partir de levantamento junto ao povo, do conhecimento do próprio autor e em literatura sobre o conceito de território na ciência geográfica, buscou-se abordar a concepção de território para os Ye'kuana. Concluiu-se que neste território encontram-se as referências materiais e imateriais e existem os lugares onde seus ancestrais surgiram e construíram as primeiras moradias do povo. O território para ciência geográfica é, muitas vezes, limitado e refere-se a uma área específica onde um determinado grupo tem o controle que é conquistado ou concedido. Mas, para os Ye'kuana o território não é conquistado. Ele é dado pelo criador do mundo. Quando menciona-se o wätunnä, todos os habitantes da terra tem o território para viver como seus ancestrais. Nesta concepção, os habitantes da Terra viveriam em paz, sempre respeitando o território do outro. Os resultados incorporam novos elementos ao conceito de território, contribuindo para a compreensão das relações que se estabelecem no seio desse povo.Palavras-chave: Território; Povos indígnas; Ye'kuana; BrasilThe Concept of Territory for Yekuana People that Dwells in Auaris’ region- Yanomami Indigenous Land- RoraimaAbstractThis article aims to discuss the concept of territory for Yekuana people, that dwells in the Yanomami indigenous land, located in the northwest of Roraima. The indigenous peoples have had their territorial domain since ancient and immemorial times, meaning the places where their ancestors lived. From the initial investigation with people, the knowledge of its author and literature on the concept of territory in geographic science, It aimed to hightlight  the concept of territory for the Ye´kuana. It concludes that at its territory has the material and immaterial references and there are places where their ancestors arose and built the first dwellings of these peoples. The territory for the geographic science is mostly limited and It refers to a specific area where a particular group has its control which is won or granted. Thus, for the Ye´kuana the territory is not conquered. It is given by the mighty creator of the world. When the wätunnä is mentioned, all inhabitants of the land have the territory to live as their ancestors. Within such concept, the inhabitants of this earth could live peacefully, always respecting the territory of one another. The results incorporate new elements into the concept of territory, contributing to the understanding of their relationships that are established within the people.Keyword: land; People beneath him; Ye-kuana '; BrazilEl Concepto de Territorio para el Pueblo Ye'kuana que Habita la Región de Auaris - Tierra Indígena Yanomami - RoraimaResumenEste artículo tiene como finalidad discutir el concepto de territorio para los Ye'kuana, pueblo que habita la Tierra Indígena Yanomami, en el extremo noreste de Roraima. Los pueblos indígenas tienen su dominio territorial desde los tiempos remotos e inmemoriales, significando los lugares donde sus antepasados habitaron. A partir del levantamiento junto al pueblo, del conocimiento del propio autor y en literatura sobre el concepto de territorio en la ciencia geográfica, se buscó abordar la concepción de territorio para los Ye'kuana. Se concluyó que en este territorio se encuentran las referencias materiales e inmateriales y existen los lugares donde sus antepasados surgieron y construyeron las primeras viviendas del pueblo. El territorio para la ciencia geográfica es a menudo limitado y se refiere a un área específica donde un determinado grupo tiene el control que es conquistado o concedido. Pero para los Ye'kuana el territorio no es conquistado. Él es dado por el creador del mundo. Cuando se menciona el wätunnä, todos los habitantes de la tierra tienen el territorio para vivir como sus antepasados. En esta concepción, los habitantes de la Tierra vivirían en paz, siempre respetando el territorio del otro. Los resultados incorporan nuevos elementos al concepto de territorio, contribuyendo a la comprensión de las relaciones que se establecen en el seno de ese pueblo.Palabras clave: tierra; Personas debajo de él; Ye-kuana '; Brasil

Kazakhstan’s Economic Growth in the Context of the World Economy

2006 ◽  
pp. 133-146 ◽  
Author(s):  
K. Arystanbekov
Keyword(s):  
Economic Growth ◽  
Economic Policy ◽  
World Economy ◽  
World Ocean ◽  
Direct Access ◽  
Crude Petroleum ◽  
Nation States ◽  
The World ◽  
The Relationship

Kazakhstan’s economic policy results in 1995-2005 are considered in the article. In particular, the analysis of the relationship between economic growth and some indicators of nation states - population, territory, direct access to the World Ocean, and extraction of crude petroleum - is presented. Basic problems in the sphere of economic policy in Kazakhstan are formulated.

INTEGRATED METHODOLOGY FOR TAKING INTO ACCOUNT THE VIEWS AND OPINONSOF INDIGENOUS PEOPLES IN THEIR INTERACTION WITH PUBLIC AUTHORITIES (ON THE EXAMPLE OF THE YAMAL-NENETS AUTONOMOUS DISTRICT)

2020 ◽  
Vol 6 (2) ◽  
pp. 124-147
Author(s):  
Elena F. GLADUN ◽  
Gennady F. DETTER ◽  
Olga V. ZAKHAROVA ◽  
Sergei M. ZUEV ◽  
Lyubov G. VOZELOVA
Keyword(s):  
Indigenous Peoples ◽  
Citizen Participation ◽  
Indigenous Communities ◽  
The Arctic ◽  
Legal Issue ◽  
Public Authorities ◽  
Autonomous District ◽  
Integrated Methodology ◽  
The World ◽  
Nenets Autonomous

Developing democracy institutions and citizen participation in state affairs, the world community focuses on postcolonial studies, which allow us to identify new perspectives, set new priorities in various areas, in law and public administration among others. In Arctic countries, postcolonial discourse has an impact on the methodology of research related to indigenous issues, and this makes possible to understand specific picture of the world and ideas about what is happening in the world. Moreover, the traditions of Russian state and governance are specific and interaction between indigenous peoples and public authorities should be studied with a special research methodology which would reflect the peculiarities of domestic public law and aimed at solving legal issue and enrich public policy. The objective of the paper is to present a new integrated methodology that includes a system of philosophical, anthropological, socio-psychological methods, as well as methods of comparative analysis and scenario development methods to involve peripheral communities into decision-making process of planning the socio-economic development in one of Russia’s Arctic regions — the Yamal-Nenets Autonomous District and to justify and further legislatively consolidate the optimal forms of interaction between public authorities and indigenous communities of the North. In 2020, the Arctic Research Center conducted a sociological survey in the Shuryshkararea of the Yamal-Nenets Autonomous District, which seems to limit existing approaches to identifying public opinion about prospects for developing villages and organizing life of their residents. Our proposed methodology for taking into account the views of indigenous peoples can help to overcome the identified limitations.

Rules without Rights

2018 ◽  
Author(s):  
Tim Bartley
Keyword(s):  
Best Practices ◽  
Comparative Approach ◽  
Global Supply Chains ◽  
Transnational Governance ◽  
Private Regulation ◽  
Marginalized Communities ◽  
Nation States ◽  
Labor Exploitation ◽  
Local Contexts ◽  
The World

Activists have exposed startling forms of labor exploitation and environmental degradation in global industries, leading many large retailers and brands to adopt standards for fairness and sustainability. This book is about the idea that transnational corporations can push these rules through their global supply chains, and in effect, pull factories, forests, and farms out of their local contexts and up to global best practices. For many scholars and practitioners, this kind of private regulation and global standard-setting can provide an alternative to regulation by territorially bound, gridlocked, or incapacitated nation states, potentially improving environments and working conditions around the world and protecting the rights of exploited workers, impoverished farmers, and marginalized communities. But can private, voluntary rules actually create meaningful forms of regulation? Are forests and factories around the world being made into sustainable ecosystems and decent workplaces? Can global norms remake local orders? This book provides striking new answers by comparing the private regulation of land and labor in democratic and authoritarian settings. Case studies of sustainable forestry and fair labor standards in Indonesia and China show not only how transnational standards are implemented “on the ground” but also how they are constrained and reconfigured by domestic governance. Combining rich multi-method analyses, a powerful comparative approach, and a new theory of private regulation, this book reveals the contours and contradictions of transnational governance.

Native Approaches to Decolonising Education in Institutions of Higher Learning

2000 ◽  
Vol 28 (2) ◽  
pp. 28-34 ◽  
Author(s):  
Polly Walke
Keyword(s):  
Higher Education ◽  
Indigenous Peoples ◽  
Higher Learning ◽  
Native Peoples ◽  
Institutions Of Higher Learning ◽  
The World

A growing number of Native scholars are involved in decolonising higher education through a range of processes designed to create space for Indigenous realities and Indigenous ways of managing knowledge. Basing their educational approaches on Indigenous ontologies and epistemologies, they are developing Indigenist approaches within higher education. Ward Churchill (1996:509), Cherokee scholar, explains that an Indigenist scholar is one who:Takes the rights of indigenous peoples as the highest priority …who draws on the traditions – the bodies of knowledge and corresponding codes of value – evolved over many thousands of years by native peoples the world over.

Indigenous Planning: From Forced Assimilation to Self-determination

2021 ◽  
pp. 088541222110266
Author(s):  
Michael Hibbard
Keyword(s):  
Indigenous Peoples ◽  
Settler Colonialism ◽  
Land Rights ◽  
Self Determination ◽  
Indigenous Cultures ◽  
Indigenous Planning ◽  
Indigenous Land Rights ◽  
Indigenous Land

Interest in Indigenous planning has blossomed in recent years, particularly as it relates to the Indigenous response to settler colonialism. Driven by land and resource hunger, settler states strove to extinguish Indigenous land rights and ultimately to destroy Indigenous cultures. However, Indigenous peoples have persisted. This article draws on the literature to examine the resistance of Indigenous peoples to settler colonialism, their resilience, and the resurgence of Indigenous planning as a vehicle for Indigenous peoples to determine their own fate and to enact their own conceptions of self-determination and self-governance.

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