Indian Forest Rights Legislation: Significance of Recognizing the Legal Pluralism for Indigenous Peoples Rights

2018 ◽  
Vol 41 (1) ◽  
pp. 78-88
Author(s):  
Deva Prasad M ◽  
Suchithra Menon C
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal System ◽  
Paradigm Shift ◽  
Legal Pluralism ◽  
Forest Governance ◽  
Forest Land ◽  
Long Period ◽  
Legal Mechanism ◽  
Legal Centralism

Abstract Indigenous people’s traditional customary claim over the forest land was not accepted by the formal legal mechanism in India for a long period of time. The underlying rationale for the claim is livelihood, religious, and cultural reasons. The indigenous people’s claims remained as informal norm, which were not accepted by the formal state legal system in India. Discriminating legal centralism was existing in the area of forest governance and policy till the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act was enacted in 2006. The Forest Rights Act, 2006 has brought a paradigm shift in the entire approach of law towards the indigenous people and acknowledged the rights of the indigenous people. This article makes an attempt to understand the significance of recognition of legal pluralistic norms through legislation.

scholarly journals The Drawbacks of Judicial Pluralism in the Administration of Justice

ICR Journal ◽  
2017 ◽  
Vol 8 (4) ◽  
pp. 539-542
Author(s):  
Ilham Ramli
Keyword(s):  
Legal System ◽  
Justice System ◽  
Common Law ◽  
Legal Pluralism ◽  
Civil Justice ◽  
Colonial Legacy ◽  
Federal Constitution ◽  
Administration Of Justice ◽  
Civil Justice System ◽  
Legal Centralism

Legal pluralism in Malaysia has been traditionally a colonial legacy. Legal pluralism not only posits the existence of multiple legal spheres in the same social field but develops certain suppositions concerning the relationships and interaction between them. One area in which there is apparently interesting interaction is in the administration of justice. Whilst legal pluralism may be celebrated because it moves away from the pre-occupation with legal centralism, society cannot afford to have a justice system that is in disarray. This is indeed the case in Malaysia where a common law tradition and civil justice system seem to be at odds with the strong element of religion in the constitution. For more than 50 years, the Malaysian legal system has had to grapple with the ongoing and seemingly endless conflict of judicial authority between the civil and Syariah courts. Syariah courts in Malaysia are exclusively empowered to hear and dispose of cases among Muslims on subject matters enumerated in the first item of List II of the Ninth Schedule of the Federal Constitution.

scholarly journals Intellectual Property Protection of Indigenous Peoples in Indonesia: Quo Vadis?

2020 ◽  
Vol 3 (1) ◽  
pp. 1-7
Author(s):  
Anis Mashdurohatun ◽  
Ariy Khaerudin ◽  
Teguh Prasetyo
Keyword(s):  
Intellectual Property ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal System ◽  
Intellectual Property Protection ◽  
Raw Material ◽  
Library Research ◽  
The World ◽  
Quo Vadis ◽  
Traditional Cultural Expressions

Illicit used of intellectual property protection of indigenous peoples which are increasingly exploitative and leaving the existing values, and it’s happen over the world. Paradox government need it for raw material in creative economic but there’s no law to protect. The aim of this study is to describe dilemma of law patronage for Intellectual property of Indigenous People. Method for this study used library research. The values of justice in the use of traditional cultural expressions are carried out proportionally and balanced by harmonizing the values of individuals with communal values. Based on it ought to palladium with legal system that preserve behalf indigenous peoples in order to achieve legal objectives (Justice, certainty and expediency).  

scholarly journals Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

2017 ◽  
Vol 3 (2) ◽  
pp. 117
Author(s):  
Saldi Isra ◽  
Ferdi Ferdi ◽  
Hilaire Tegnan
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Pluralism ◽  
State Apparatus ◽  
Data Survey ◽  
Western Law ◽  
The Government ◽  
Legal Mechanism

It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang) to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

Isolasi Sosio-Budaya Masyarakat Orang Asli di Malaysia dan Kesannya Terhadap Pentafsiran Hukum Islam

2020 ◽  
Vol 21 (1) ◽  
pp. 1-20
Author(s):  
Paiz Hassan ◽  
Mohd Anuar Ramli
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Islamic Law ◽  
Way Of Life ◽  
Low Literacy ◽  
Orang Asli ◽  
Library Research ◽  
Local Background ◽  
Negative Perceptions ◽  
Closed Door

Majority of the indigenous people who are the original inhabitants in Malaysia inhibit the remote area of tropical forest which is rich in natural resources. Their lives are separated from the outside community due to several factors such as geography, low literacy, negative perceptions of the surrounding community, and the closed-door attitude of the indigenous people. Consistent preaching activities have changed the faith of the indigenous people from animism orientation towards believing in the Oneness of God. The practice of Islam as a way of life in the lives of indigenous peoples is found to be difficult to practice because the fiqh approach presented to them does not celebrate their local condition. In this regard, this study will examine the socio-cultural isolation of indigenous peoples and their impact on the interpretation of Islamic law. To achieve this objective, the researchers have applied the library research method by referring to the literatures related to the discussion of Islamic scholars in various disciplines of fiqh and usūl al-fiqh. The research found that there is rukhsah and taysir approach given to isolated people as well as with local background to facilitate the religious affairs of the indigenous people. Abstrak Majoriti masyarakat Orang Asli yang merupakan penduduk asal di semenanjung Malaysia mendiami kawasan pedalaman di hutan hujan tropika yang kaya dengan khazanah alam. Kehidupan mereka terasing daripada masyarakat luar disebabkan beberapa faktor seperti geografi, kadar literasi yang rendah, pandangan negatif masyarakat sekitar dan sikap tertutup masyarakat Orang Asli. Gerakan dakwah yang dijalankan secara konsisten telah membawa perubahan kepercayaan sebahagian masyarakat Orang Asli daripada berorientasikan animisme kepada mempercayai Tuhan yang Esa. Pengamalan Islam sebagai cara hidup dalam kehidupan masyarakat Orang Asli didapati agak sukar untuk dipraktikkan lantaran pendekatan fiqh yang disampaikan kepada mereka tidak meraikan suasana setempat mereka. Sehubungan itu, kajian ini akan meneliti keadaan isolasi sosio-budaya masyarakat Orang Asli dan kesannya terhadap pentafsiran hukum Islam. Bagi mencapai objektif tersebut, pengkaji menggunakan kajian kepustakaan sepenuhnya dengan menelusuri literatur berkaitan dengan perbincangan sarjana Islam dalam pelbagai disiplin ilmu fiqh dan usul fiqh. Hasil kajian mendapati terdapat rukhsah dan pendekatan taysir diberikan kepada mereka yang hidup terasing serta berlatar belakang budaya setempat bagi memudahkan urusan keagamaan masyarakat Orang Asli.

Peering Beyond the Imperial Gaze: Using Digital Tools to Construct a Spatial History of Conquest

2017 ◽  
Vol 11 (1) ◽  
pp. 39-54 ◽  
Author(s):  
Jeremy M. Mikecz
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Narrative Analysis ◽  
Digital Tools ◽  
Spanish Conquest ◽  
Digital Maps ◽  
Spatial History ◽  
Colonial Texts ◽  
History Of ◽  
Spatial Narrative

Ethnohistorians and other scholars have long noted how European colonial texts often concealed the presence and participation of indigenous peoples in New World conquests. This scholarship has examined how European sources (both texts and maps) have denied indigenous history, omitted indigenous presence, elided indigenous agency, and ignored indigenous spaces all while exaggerating their own power and importance. These works provide examples of colonial authors performing these erasures, often as a means to dispossess. What they lack, however, is a systematic means of identifying, locating, and measuring these silences in space and time. This article proposes a spatial history methodology which can make visible, as well as measurable and quantifiable the ways in which indigenous people and spaces have been erased by colonial narratives. It presents two methods for doing this. First, narrative analysis and geovisualization are used to deconstruct the imperial histories found in colonial European sources. Second it combines text with maps to tell a new (spatial) narrative of conquest. This new narrative reconstructs indigenous activity through a variety of digital maps, including ‘mood maps’, indigenous activity maps, and maps of indigenous aid. The resulting spatial narrative shows the Spanish conquest of Peru was never inevitable and was dependent on the constant aid of immense numbers of indigenous people.

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.

scholarly journals Postcolonial theory and Canada’s health care professions: bridging the gap

2021 ◽  
Author(s):  
Stephen Wilmot
Keyword(s):  
Health Care ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Postcolonial Theory ◽  
Professional Knowledge ◽  
Healthcare Personnel ◽  
Positive Outcomes ◽  
Training Context ◽  
Explanatory Framework ◽  
Health Care Professions

AbstractIn recent years there have been several calls in professional and academic journals for healthcare personnel in Canada to raise the profile of postcolonial theory as a theoretical and explanatory framework for their practice with Indigenous people. In this paper I explore some of the challenges that are likely to confront those healthcare personnel in engaging with postcolonial theory in a training context. I consider these challenges in relation to three areas of conflict. First I consider conflicts around paradigms of knowledge, wherein postcolonial theory operates from a different base from most professional knowledge in health care. Second I consider conflicts of ideology, wherein postcolonial theory is largely at odds with Canada’s political and popular cultures. And finally I consider issues around the question of Canada’s legitimacy, which postcolonial theory puts in doubt. I suggest ways in which these conflicts might be addressed and managed in the training context, and also identify potential positive outcomes that would be enabling for healthcare personnel, and might also contribute to an improvement in Canada’s relationship with its indigenous peoples.

scholarly journals Us Mob Online: The Perils of Identifying as Indigenous on Social Media

Genealogy ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 52
Author(s):  
Bronwyn Carlson ◽  
Tristan Kennedy
Keyword(s):  
Social Media ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Mixed Methods Research ◽  
Indigenous Communities ◽  
Digital Environment ◽  
Collective Identities ◽  
Social Media Platforms ◽  
Insight Into

Social media is a highly valuable site for Indigenous people to express their identities and to engage with other Indigenous people, events, conversations, and debates. While the role of social media for Indigenous peoples is highly valued for public articulations of identity, it is not without peril. Drawing on the authors’ recent mixed-methods research in Australian Indigenous communities, this paper presents an insight into Indigenous peoples’ experiences of cultivating individual and collective identities on social media platforms. The findings suggest that Indigenous peoples are well aware of the intricacies of navigating a digital environment that exhibits persistent colonial attempts at the subjugation of Indigenous identities. We conclude that, while social media remains perilous, Indigenous people are harnessing online platforms for their own ends, for the reinforcement of selfhood, for identifying and being identified and, as a vehicle for humour and subversion.

Indigenous Peoples, Social Movements, and the Legacy of Hugo Chávez’s Governments

2016 ◽  
Vol 44 (1) ◽  
pp. 180-198 ◽  
Author(s):  
Luis F. Angosto-Ferrández
Keyword(s):  
Economic Development ◽  
Social Movements ◽  
Collective Action ◽  
Political Participation ◽  
Indigenous People ◽  
Social Services ◽  
Indigenous Peoples ◽  
Indigenous Population ◽  
Indigenous Movement ◽  
The Way

The unprecedented enfranchisement of Venezuela’s indigenous population is partly a result of the formation of a state-sponsored indigenous movement. This movement prioritizes access to social services, economic development, and political participation in state structures over certain goals of free determination. Other forms of collective action with different priorities are evidence of the existence of diverging interests and goals among indigenous people. These divergences are a reflection of the way in which the indigenous population partakes in the shaping of contemporary Venezuelan politics. La inclusión social de las comunidades indígenas de Venezuela no tiene precedentes y se debe, en parte, a la formación de movimientos indígenas auspiciados por el estado. Estos movimientos le dan prioridad al acceso a los servicios sociales, al desarrollo económico y a la participación política en las estructuras estatales por encima de ciertas metas de libre determinación. Otras formas de acción colectiva con prioridades diferentes revelan la presencia/existencia de intereses y objetivos divergentes entre las comunidades indígenas. Estas diferencias son un reflejo de la manera en que las poblaciones indígenas participan en la formación de la política venezolana contemporánea.

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