Colonialism, Constitutionalism, Costs and Compensation: A Contemporary Comparison of the Legal Rights and Obligations of and towards the Scandinavian Sami and Indigenous Australians

1999 ◽  
Vol 68 (1) ◽  
pp. 31-52 ◽  
Author(s):  
◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous People ◽  
Land Rights ◽  
Legal Aspects ◽  
Cultural Development ◽  
Sustainable Growth ◽  
Legal Rights ◽  
Language Recognition ◽  
Indigenous Human Rights

AbstractAn earlier article addressed recent developments in Australia concerning indigen-ous land rights and outlined political and legal aspects of the debate surrounding that. This is a more specifically comparative study that seeks to compare the legal aspects of the land rights of Australian indigenous people with the legal aspects of the land rights of the Sami people in Scandinavia. The paper recognises from the outset that these two parts of the world possess different legal histories, but argues that in the modern international context, comparisons can be drawn with respect to indigenous human rights. Further, the paper contends that in both these societies, there have been advances and retreats and that only full governmental commitment to the principles of international law will ensure that the human rights of the respective indigenous people advance.In looking at comparative indigenous rights, or the failure to achieve rights, the focus is on property, including consideration of inclusion/exclusion of native people as citizens, the effects of colonization and relative access to goods and services, language recognition, rights of cultural development and protection of heritage, as well as practical implications in controlling other forms of development and fostering sustainable growth. We broaden the consideration of indigenous human rights to include matters of compensation and costs. Our overall contention is that it remains one of the principal challenges for both Australian and Scandinavian law to identify and translate co-existence and human rights for the indigenous people of those nations. In framing any such legal measures, governments will have to confront wider political issues of tolerance, sovereignty and citizenship. The dilemma for Australian Aboriginals is that the chance to remain Aboriginal may have to involve an appeal to the prin-ciples of international law whereas in Scandinavia the recognition of Sami reindeer herding has generally failed to foster broader rights to land and natural resources although there are some signs that this is emerging in Norway.

Defining ‘People’ and ‘Indigenous People’ in International Human Rights Law and Its Application in Indonesia

2019 ◽  
Vol 26 (3) ◽  
pp. 373-408
Author(s):  
M. Ya’kub Aiyub Kadir
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Third World

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.

Recent Books on Human Rights and Groups Review Essays International Law and the Evolution of Indigenous Rights

2008 ◽  
Vol 15 (1) ◽  
pp. 117-131
Author(s):  
Stephen Allen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Land Rights ◽  
Self Determination ◽  
Critical Stage ◽  
Conditions Of Possibility ◽  
Supranational Level

AbstractThe recent adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples has reinvigorated the discourse on indigenous rights. This essay reviews three books – Xanthaki's Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land; Gilbert's Indigenous Peoples' Land Rights Under International Law: From Victims to Actors; and Rodriguez-Pinero's Indigenous Peoples, Postcolonialism and International Law: The ILO Regime (1919–1989) – that illustrate the way in which indigenous rights have evolved at the supranational level. Moreover, in their different ways, these important books highlight the conditions of possibility for indigenous peoples at a critical stage in the development of indigenous rights in international law.

scholarly journals Cultural Relativity, Human Rights and the International Regulation of Broadcasting

2021 ◽  
Author(s):  
◽  
Andrew Robert Jack
Keyword(s):  
Human Rights ◽  
International Law ◽  
Freedom Of Expression ◽  
Cultural Development ◽  
Alternative Methods ◽  
High Definition ◽  
International Regulation ◽  
Cultural Relativity ◽  
International Broadcasting ◽  
The Impact

<p>When a broadcaster broadcasts directly to people living in another state disputes can arise. The audience may find the programmes offensive. The programmes may foment disorder and rebellion and corrupt the values and traditions of the inhabitants of the receiving state or even threaten their very survival. The problem is not new. It has been a source of international tension since the inception of broadcast technology. The problem has however become more pointed as that technology has become ever more sophisticated. The power of radio is aptly illustrated by recalling the panic caused in 1938 by Orson Welles' famous hoax broadcast announcing the invasion of Earth by Martians. More recently commentators such as James Miles, BBC correspondent in Peking at the time, have suggested that the rebellion in China before and after the massacre at Tianamen Square was fomented, prolonged and to a degree coordinated by programmes broadcast on overseas radio stations such as Voice of America and the BBC. Television has a much greater graphic capacity than radio and is also vulnerable to abusive techniques such as subliminal suggestion and advertising. The impact of television is set for another great leap ahead as the development of High Definition Television technology proceeds apace. The development of communications satellites has greatly increased the range and quality of broadcasts. There have been a number of attempts to address this problem but none have met with much success. The international community has polarised into two camps, one taking a position based on a very strict view of the right to freedom of expression, and the other insisting that that right yield to a degree at least to accommodate peoples' rights to determine their own economic, social and cultural development. This paper offers a solution to this impasse. It offers guidelines to help resolve international broadcasting disputes. The guidelines are based on the international human right to freedom of expression as viewed particularly by the two bodies responsible for drafting that right's most famous exposition in the Universal Declaration of Human Rights and in the host of other international and constitutional instruments which it inspired. It is argued that cultural relativity in the human rights context is consistent with the sources of international law specified in article 38 of the statue of the International Court of Justice, and that by incorporating a degree of cultural relativity the guidelines advocated herein are similarly consistent with current international law. It is also shown that the view of human rights the guidelines evince is consistent with a version of constructivist human rights theory which accords with observable practice and which enjoys widespread academic support. Some alternative methods for addressing the problem arising from international broadcasting are examined and their shortcomings identified. This leads to the conclusion that the method proposed in this paper for regulating international broadcasting, notwithstanding that it is most surely within the realm of de lege ferenda, is both consistent with current international law and jurisprudentially defensible, and therefore better than the alternatives.</p>

Contours of an Indigenous Peoples’ Right to Water in Latin America under International Law

2012 ◽  
Vol 1 (2) ◽  
pp. 211-236 ◽  
Author(s):  
Marco Parriciatu ◽  
Francesco Sindico
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Latin American ◽  
Human Right ◽  
Customary Laws ◽  
The One ◽  
Definition Of

This article critically assesses the nature and the content of a possible human right to water for Indigenous People in the Latin American context. On the one hand, after introducing the deliberately unclear definition of Indigenous People, the article considers that a human right to water is embedded in Indigenous Peoples’ customary laws, which, according to legal pluralism, are to be considered as a legitimate source of law. The article then moves to the content of a possible human right to water for Indigenous People in the Latin American context. The importance of the jurisprudence of the Inter American Court of Human Rights is highlighted, and the obligation for States to consult with Indigenous People when dealing with their water resources is hailed as one of the key elements of a human right to water.

scholarly journals Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights

2021 ◽  
Author(s):  
Medes Malaihollo
Keyword(s):  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Due Diligence ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Environmental Law ◽  
International Human

AbstractDue diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates the construction of a working model of due diligence in international law by exploring this notion from two perspectives: an accountability perspective and a regulatory perspective. Subsequently, this article will use this model to compare the operation of due diligence obligations in two branches of international law: international environmental law and international human rights law. In doing so, it will become clear that due diligence contains two core elements: ‘reasonableness’ and ‘good faith’. Moreover, it will become apparent that the operation of due diligence obligations in these two branches has implications for systemic issues in international law. Further research on the operation of due diligence obligations in other branches of international law is therefore recommended.

scholarly journals Legal Existence of Local Wisdom for Bajo Fishery Tribe on Indonesian Maritime Border

2019 ◽  
Vol 5 (1) ◽  
pp. 41 ◽  
Author(s):  
Oheo Kaimuddin Haris ◽  
Syahbudin Syahbudin ◽  
Ahsan Yunus
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Indigenous People ◽  
Legal Protection ◽  
Human Rights Law ◽  
Strategic Resources

This work is aimed at exploring appropriate method in legitimating and admitting toward legal existence for Bajo effort’s local wisdom particularly in maintaining Indonesian’s Border. This effort is importance to maintain sovereignty of Indonesia's maritime boundaries without having to eliminate Bajo’s local wisdom that may exclude sustainable development for Bajo society. This situation has altered their traditions that they just initially and merely fished fishes just for consumption. For that reason, this work offers appropriate values in legitimating and admitting a legal existence for Bajo effort’s local wisdom such as the rights of traditional fisherman community of Bajo tribe in human rights law as indigenous people right based either on National and International Law and; the legal protection of Bajo communal rights in exploiting sea and traditional fisherman criteria after UNCLOS 1982 and MOU BOX 1974 including its amendments. The application of this method may create holistic and traditional manners in keeping and managing collective strategic resources for the greatest benefit for national defend especially for Bajo fishery tribe.

Kichwa Indigenous People of Sarayaku v. Ecuador

2021 ◽  
Vol 193 ◽  
pp. 1-181
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Development Projects ◽  
Personal Integrity ◽  
Right To Life ◽  
Content Type ◽  
Freedom Of Movement ◽  
Oil Exploitation

1Human rights — Obligation of States to protect rights of persons under their jurisdiction — American Convention on Human Rights, 1969 — Scope of obligation under Article 1(1) — Right to property — Right to life — Right to freedom of movement and residence — Right to personal integrity — Obligation to adopt domestic legal measures — Whether Ecuador’s oil exploitation project in Sarayaku territory violating indigenous peoples’ rights under American ConventionEnvironment — Natural resources — Oil exploitation — State obligation to consult indigenous peoples on development projects impacting their territory — Indigenous and Tribal Peoples Convention, 1989 (ILO Convention No 169) — Whether obligation to consult applying to contract concluded before ratification of ILO Convention No 169 — Whether obligation to consult a treaty obligation or general principle of international law

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