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.

Tourism and the Protection of the Cultural Rights and Identity of Indigenous Communities in the Light of the iachr Judgment in the Comunidad Garífuna Triunfo de la Cruz y sus miembros v. Honduras Case

2019 ◽  
Vol 26 (2) ◽  
pp. 216-241
Author(s):  
Sabrina Tremblay-Huet
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Negative Impact ◽  
Indigenous Communities ◽  
Extractive Industries ◽  
American System ◽  
Cultural Rights ◽  
Mass Tourism ◽  
International Attention ◽  
Significant Negative Impact

The Inter-American system of human rights is hailed as being progressive in terms of the rights of Indigenous communities. Yet, an important economic activity in the Americas has a significant negative impact on such communities, without receiving the same international attention and resulting outcry as the activities of extractive industries: mass tourism. In October 2015, the Inter-American Court of Human Rights (iachr) issued its decision on the merits in the Comunidad Garífuna Triunfo de la Cruz y sus miembros v. Honduras case. Among other violations, one concerns the failure of the Honduran state to consult with and obtain free, prior and informed consent from the Afro-Indigenous community when it comes to the planning and implementation of tourism projects. Can the Court be more innovative and progressive with regard to the rights of Indigenous peoples of the Americas in the context of the multifaceted manifestations of tourism development?

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”.

The Emerging International Standard on Indigenous Peoples' Rights: Issues and Implications for Mission Work in Third World Countries

1996 ◽  
Vol 24 (2) ◽  
pp. 227-245
Author(s):  
Roberto M. Benedito
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Third World ◽  
International Community ◽  
Universal Declaration ◽  
International Standard ◽  
The Past ◽  
Mission Work ◽  
Rights Issues

In the past two decades, the international community, specifically the United Nations, has been focusing its attention toward a Universal Declaration on the Rights of Indigenous Peoples. This article discusses the most exigent issues concerning this emerging international instrument, their history, and their probable implication for the missionary agenda. In particular, it examines the Philippine experience with regard to mission work and human rights.

scholarly journals Protecting expressions of Folklore within the Right to Culture in Africa

2017 ◽  
Vol 13 (4) ◽  
pp. 48
Author(s):  
Enyinna Sodienye Nwauche
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Cultural Rights ◽  
Substantive Content ◽  
Human Rights Regime ◽  
United Nations Declaration ◽  
The Right

This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and the recognition that customary law is a manifestation of the right to culture; an expanded understanding of the substantive content of the article 15(1) of the International Covenant for Economic, Social and Cultural Rights as part of the right to culture; and the recognition of the rights of indigenous peoples marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People. The paper demonstrates how a human rights regime may assist in overcoming some of the deficiencies in the national protection of expressions of folklore in Africa.

scholarly journals ‘Another Tool in the Kete’: Māori Engaging with the International Human Rights Framework

2021 ◽  
Author(s):  
◽  
Hannah Mackintosh
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Local Level ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Development Project ◽  
Methodological Foundation ◽  
Rights Discourse ◽  
The Way

<p>In this study, I consider how the universal concept of human rights is being engaged with and interpreted by Māori communities in Aotearoa/New Zealand. The rights of indigenous peoples have recently been formally defined within United Nations forums and cemented in the United Nations Declaration on the Rights of Indigenous Peoples. This research argues that the indigenous rights movement indicates a shift in many of the debates that have dominated the global rights rhetoric to a more evolutionary concept of human rights. It suggests that engaging with these debates has the potential to open up new dialogue within the human rights discourse for alternative ways of considering human rights at the global level. This will impact the way that rights-based approaches to development are implemented, engaged with and utilised at the local level. However, currently little is known about the ways in which indigenous communities are using human rights at the local level. This work focuses on a successful rights-based community development programme as a case study. Through this exploration, I consider the levels of empowerment and the positive impacts that resulted from increased knowledge of human rights in the region. I further present some of the principles inherent in the successful application of a rights-based development project. From a methodological perspective, it provides an exploration into the way that research involving indigenous communities is conducted. As a Pākehā researcher working with Māori communities I had to take extra care to ensure that this research had an ethically sound methodological foundation. Taking a critical perspective, I consider some of the political and social implications of being a non-indigenous researcher working with indigenous communities. This work illustrates that highly ethical, critical methodological approaches are essential to any development work. Overall, the research proposes that Māori concepts of human rights are placed within a distinct cultural framework. Human rights are understood and given meaning through Kaupapa Māori, tikanga and whakapapa. They are also framed within the experiences of a colonial history. This research provides an example of how this universal framework is localised to fit particular historical, local and cultural contexts increasing its potential to be a tool for positive social change. It provides a conceptual, methodological and practical inquiry into rights-based approaches as a way of delivering development.</p>

scholarly journals Indigenous Protected and Conserved Areas (IPCAs), Aichi Target 11 and Canada’s Pathway to Target 1: Focusing Conservation on Reconciliation

Land ◽  
2019 ◽  
Vol 8 (1) ◽  
pp. 10 ◽  
Author(s):  
Melanie Zurba ◽  
Karen Beazley ◽  
Emilie English ◽  
Johanna Buchmann-Duck
Keyword(s):  
Protected Areas ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Convention On Biological Diversity ◽  
Colonial History ◽  
The Past ◽  
Nation States ◽  
Different Types ◽  
Aichi Biodiversity Targets

This article provides analysis of the issues relating to movement towards new models for Indigenous-led conservation in light of Canada’s initiatives for greater protected areas representation through Target 1. We provide a background on Canada’s Pathway to Target 1, which is based on Target 11 from the Aichi Biodiversity Targets set forth by the Convention on Biological Diversity (CBD). We contemplate the past, present and future of colonization and reconciliation in Canada, and consider the influence of international declarations, programs and initiatives on the potential for the formation of Indigenous Protected and Conserved Areas (IPCAs). We then provide an analysis of “wicked problems” that Indigenous communities, governments, and other stakeholders in protected areas will need to navigate towards implementing the IPCA approach in Canada. We outline the different types of Indigenous involvement in protected areas and how they potentially fit within the principles for the development of IPCAs. We then turn our discussion to the need to refocus conservation on reconciliation by restoring nation-to-nation relationships and relationships between the land and peoples. The lessons we draw have potential parallels for other nation states, particularly those signatory to the CBD and with a colonial history, aiming for biodiversity conservation and reconciliation with Indigenous peoples through IPCAs.

III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

2011 ◽  
Vol 60 (1) ◽  
pp. 245-270 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Working Group ◽  
Indigenous Communities ◽  
Indigenous Populations ◽  
Advisory Opinion ◽  
African Charter ◽  
The United Nations ◽  
African Commission

The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa.2While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy.3At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Indigenous Peoples in 2007 (UNDRIP).4At a national level, most of the States in Africa are still reluctant to recognize the specific rights of indigenous peoples.5Until recently, the African Commission on Human and Peoples' Rights (the Commission), the leading human rights institution for the continent,6had kept a low profile on the issue and had ‘not always interpreted indigenous peoples’ rights favourably'.7From this perspective Commission regarding the communication submitted by the indigenous Endorois community against Kenya casts new light on the rights of indigenous peoples in Africa.8The decision, which has already been hailed as a ‘landmark,’9touches on several crucial issues regarding the development of indigenous peoples' human rights in Africa. This groundbreaking decision did not materialize unexpectedly but is part of a wider evolution of the Commission regarding indigenous peoples' human rights in Africa. It echoes the work of the Commission's own Working Group of Experts on Indigenous Populations/Communities (Working Group) which was established in 2001 with the mandate to focus specifically on the promotion and protection of the rights of indigenous peoples in Africa.10The mandate of the Working Group is to examine the concept of indigenous communities in Africa, as well as to analyse their rights under the African Charter on Human and Peoples' Rights (African Charter).11In 2003 the Commission adopted the report of the Working Group which proposes several avenues for the recognition and promotion of indigenous rights in Africa.12The adoption of an Advisory Opinion by the Commission to support the adoption of UNDRIP marked another step toward the affirmation of indigenous peoples' rights in Africa.13The Advisory Opinion not only participated in unlocking the reluctance of the group of African States to adopt the UNDRIP, but also reflected developments taking place at the international level on the rights of indigenous peoples as well as their connection to the continent. Remarkably, in recent years, the Commission has started to refer to indigenous peoples' rights in its examination of States' periodic reports.14All these factors and the recent decision of the Commission in the Endorois case indicate the emergence of a consistent jurisprudence on indigenous peoples' rights in Africa.

scholarly journals Concrete Lessons: Policies and Practices Affecting the Impact of COVID-19 for Urban Indigenous Communities in the United States and Canada

2021 ◽  
Vol 6 ◽  
Author(s):  
Heather A. Howard-Bobiwash ◽  
Jennie R. Joe ◽  
Susan Lobo
Keyword(s):  
United States ◽  
Human Rights ◽  
United Nations ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The United States ◽  
The United Nations ◽  
The Impact ◽  
Policies And Practices

Throughout the Americas, most Indigenous people move through urban areas and make their homes in cities. Yet, the specific issues and concerns facing Indigenous people in cities, and the positive protective factors their vibrant urban communities generate are often overlooked and poorly understood. This has been particularly so under COVID-19 pandemic conditions. In the spring of 2020, the United Nations High Commissioner Special Rapporteur on the Rights of Indigenous Peoples called for information on the impacts of COVID-19 for Indigenous peoples. We took that opportunity to provide a response focused on urban Indigenous communities in the United States and Canada. Here, we expand on that response and Indigenous and human rights lens to review policies and practices impacting the experience of COVID-19 for urban Indigenous communities. Our analysis integrates a discussion of historical and ongoing settler colonialism, and the strengths of Indigenous community-building, as these shape the urban Indigenous experience with COVID-19. Mindful of the United Nations Declaration on the Rights of Indigenous Peoples, we highlight the perspectives of Indigenous organizations which are the lifeline of urban Indigenous communities, focusing on challenges that miscounting poses to data collection and information sharing, and the exacerbation of intersectional discrimination and human rights infringements specific to the urban context. We include Indigenous critiques of the implications of structural oppressions exposed by COVID-19, and the resulting recommendations which have emerged from Indigenous urban adaptations to lockdown isolation, the provision of safety, and delivery of services grounded in Indigenous initiatives and traditional practices.

Securing the Rights: A Human Security Perspective in the Context of Arctic Indigenous Peoples

2013 ◽  
Vol 5 (1) ◽  
pp. 493-522 ◽  
Author(s):  
Kamrul Hossain
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Human Security ◽  
Indigenous Communities ◽  
Self Determination ◽  
The Arctic ◽  
Policy Choices ◽  
Human Rights Regime ◽  
Right To Development ◽  
The Right

Abstract In today’s world the state-centric approach of security has been extended to includea human-centric approach. Since individuals are the ultimate victims of any securitythreats, a state is not secure if insecure inhabitants reside within it. The insecurityof individuals arises from various sources of threats, such as from “fear” aswell as from “want”. While often the concept is confused with that of human rights,the concept of human security embraces policy choices in order for the better implementationof human rights. In a sense therefore, it complements both the conceptsof traditional security and human rights. This article addresses the concept in thecontext of the Arctic and its people, particularly in the context of its indigenouspeoples. Obviously, because of differing meanings of the concept, the human securitythreats of the Arctic cannot be seen as similar to those of the other regions ofthe global south. This article nevertheless explores various human security concernsfaced by the Arctic indigenous communities. In addressing the concept of humansecurity in the context of the Arctic, the article affirms the normative developmentoccurred relatively recently in the human rights regime – which today includes a setof group rights called third generation human rights. These broadly include amongothers; the right to environment and the right to development. The presence of thesecategories of rights are therefore argued to ensure human security for which in theArctic perspective a right to self-determination plays a pivotal role, particularly forits indigenous communities.

scholarly journals Neo-extractivist controversies in Bolivia: indigenous perspectives on global norms

2018 ◽  
Vol 15 (1) ◽  
pp. 88-102
Author(s):  
Jessika Eichler
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Fundamental Rights ◽  
Self Determination ◽  
Collective Rights ◽  
Implementation Processes ◽  
Indigenous Perspectives ◽  
Increasing Demand

AbstractEver since Evo Morales Ayma became Bolivia's first indigenous president in 2006 and the promulgation of a human-rights-enhancing Constitution (2009) thereafter, indigenous peoples’ rights were gradually recognised. Yet, with the increasing demand for natural resources, indigenous communities have been adversely affected by the state's neo-extractivist policies. While global indigenous rights norms protect their fundamental rights, legal-implementation processes in the country's lowlands reveal dilemmas in terms of the value of laws in practice as well as its reinterpretation on the ground. Namely, in the communities, different positions and camps have emerged in terms of the role and functions of participatory rights. Despite the potential of the latter in strengthening collective-rights regimes and self-determination, community leaders, advisers and other members report how such processes fracture and weaken decision-making mechanisms and human rights claims.

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