The Limit of Narratives: Ethnicity and Indigenous Rights in Papua, Indonesia

2017 ◽  
Vol 24 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Irene I. Hadiprayitno
Keyword(s):  
Indigenous Peoples ◽  
Social Economic ◽  
Indigenous Rights ◽  
The State ◽  
Political Systems ◽  
Opportunity Structures ◽  
The Government

As in many countries in Asia, the concept “indigenous” is a highly contested term in Indonesia. The government is of the opinion that Indonesia is a nation that has no indigenous peoples, or that all Indonesians are equally indigenous. The article aims to analyse the role and the paradox of using ethnic narratives, i.e. distinct social, economic or political systems, as well as language, culture and beliefs as their material and political basis, in the articulation of indigenous rights. Upon discussing a case study from Papua, Indonesia, it is observed that the use of ethnic narratives does create opportunity structures necessary for the struggles of indigenous rights. However, the salience of these endeavours is shaped by how these groups, their autonomy and marginalisation are positioned in the wider context of development, sovereignty and territoriality, which make them also dependent on the design and orientation of the state.

The Limit of Narratives: Ethnicity and Indigenous Rights in Papua, Indonesia

2017 ◽  
Vol 24 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Irene I. Hadiprayitno
Keyword(s):  
Indigenous Peoples ◽  
Social Economic ◽  
Indigenous Rights ◽  
The State ◽  
Political Systems ◽  
Opportunity Structures ◽  
The Government

As in many countries in Asia, the concept “indigenous” is a highly contested term in Indonesia. The government is of the opinion that Indonesia is a nation that has no indigenous peoples, or that all Indonesians are equally indigenous. The article aims to analyse the role and the paradox of using ethnic narratives, i.e. distinct social, economic or political systems, as well as language, culture and beliefs as their material and political basis, in the articulation of indigenous rights. Upon discussing a case study from Papua, Indonesia, it is observed that the use of ethnic narratives does create opportunity structures necessary for the struggles of indigenous rights. However, the salience of these endeavours is shaped by how these groups, their autonomy and marginalisation are positioned in the wider context of development, sovereignty and territoriality, which make them also dependent on the design and orientation of the state.

scholarly journals Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Private Property ◽  
Indigenous Rights ◽  
The State ◽  
Human Rights Violations ◽  
The Core ◽  
Indigenous Territories ◽  
The Government ◽  
Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

Realising Ainu indigenous rights: a commentary on Hiroshi Maruyama's ‘Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?’

Polar Record ◽  
2013 ◽  
Vol 50 (2) ◽  
pp. 209-211 ◽  
Author(s):  
Naohiro Nakamura
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Japanese Government ◽  
The United Nations ◽  
The Government ◽  
Post War ◽  
Legal Frameworks ◽  
United Nations Declaration

ABSTRACTThis commentary reviews Maruyama's article ‘Japan's post-war Ainu policy: why the Japanese Government has not recognised Ainu indigenous rights?’ (Maruyama 2013a), published in this journal. Maruyama criticises the government for its reluctance to enact a new Ainu law to guarantee indigenous rights, even after Japan's ratification of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, in actuality, the government is searching for the foundation of new Ainu policies in the existing legal frameworks and trying to guarantee some elements of indigenous rights. Japan's case suggests the possibility of realising indigenous rights without the enactment of a specific law.

TINJAUAN FIQH MUAMALAH TERHADAP PRAKTIK JUALBELI TELUR TUNTONG LAUT (BATAGUR BORNEONENSIS)

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Mayda Mayda
Keyword(s):  
Competent Authority ◽  
The State ◽  
The Government

The sale and purchase of Tuntong Laut eggs that occurred in Pusung Kapal Village, Kec. Seruway is done for the use of ingredients for making srikaya jam. This sale and purchase is a violation of laws that have been set by the government and can cause damage to nature and is contrary to the principles of muamalah. The title of this research is “Review of Muamalah Fiqh Against the Practice of Selling and Buying Sea Tuntong Eggs (Batagur Borneonsis) in Pusung Kapal Village, Kec. Seruway” With the formulation of the problem is (1). How is the practice of buying and selling Tuntong Laut (Batagur borneoensis) eggs in Pusung Kapal Village, Kec. Seruway? (2) How is the Fiqh Muamalah review of the practice of buying and selling eggs of Sea Tuntung (Batagur Borneoensis) case study in Pusung Kapal Village, Kec. Seruway? Based on the results of this study, it can be concluded that (1) The practice of buying and selling Tuntong Laut eggs is prohibited according to Fiqh Muamalah because the Rukuns and conditions of sale and purchase are not fulfilled, such as: the goods are not owned by themselves, but belong to the state whose species are protected. immediately when Ijab and Qabul or the goods are not in hand, and do not meet Sharia principles, such as bringing harm, destroying the ecosystem of protected animals and containing elements of gharar. (2) Buying and selling of Tuntong Laut eggs in Pusung Kapal Village, Kec. Seruway That there is a practice of buying and selling rare animals, in which the sale and purchase is not accompanied by a permit from the competent authority.

scholarly journals Livelihood Patterns of the Tibetan Refugees in Kathmandu

2018 ◽  
Vol 2 (2) ◽  
pp. 71-94
Author(s):  
Neelam Shahi
Keyword(s):  
Social Economic ◽  
Economic Status ◽  
Household Survey ◽  
Third Party ◽  
Home Affair ◽  
The Social ◽  
The Government ◽  
Tibetan Refugees ◽  
Sampling Survey

This Study entitled as “Livelihood Pattern of the Tibetan Refugees in Nepal” (A Case Study of the Samdupling in Jawalakhel and Khampa Refugee Camp in Boudha- Jorpati) aims to discover the livelihood patterns of Tibetan refugees residing in the Samdupling camp in Jawalakhel and Khampa Refugee’s Camp in Boudha-Jorpati. The paper intends to examine the problems confronted by Tibetan refugees residing in the Samdupling camp and Khampa Refugee’s Camp. The study itself is conducted with the objectives of describing the present socio-economic status of Tibetan refugees dwelling in aforementioned camps located inside the Kathmandu valley and Lalitpur. This write-up not only deals with different livelihood aspects of Tibetan refugees but also compares the livelihood of two camps to list out the social, economic and political problems affecting their livelihood. However, this study is mainly based on the primary information and the data which were collected using the techniques of household survey and sampling survey, along with questionnaire and interview during the several field visits to camps. The paper concludes by stating that government intervention is required to resolve the issues affecting the livelihood of Tibetan refugees. Tibetan refugees’ problems required a political yet humanitarian resolution. The government needs to decide on whether to endow the citizenship or refugee card to the refugees who have been deprived of the both, or opt for the third-party settlement. For that Tibetans refugees also need to cooperate and coordinate with the refugees department under the Ministry of the Home Affair, Government of Nepal

scholarly journals Governing the Arctic: The Russian State Commission for Arctic Development and the Forging of a New Domestic Arctic Policy Agenda

2019 ◽  
Vol 10 (0) ◽  
pp. 190
Author(s):  
Helge Blakkisrud
Keyword(s):  
Policy Formulation ◽  
The State ◽  
The Arctic ◽  
Policy Agenda ◽  
Russian Government ◽  
State Commission ◽  
Relative Neglect ◽  
The Government ◽  
Arctic Policy

After a period of relative neglect in the 1990s and early 2000s, the Arctic is back on the agenda of the Russian authorities. To ensure efficient coordination and implementation of its Arctic strategy, the government in 2015 established a State Commission for Arctic Development. It was to serve as a platform for coordinating the implementation of the government’s ambitious plans for the Arctic, for exchange of information among Arctic actors, and for ironing out interagency and interregional conflicts. Based on a case study of the State Commission for Arctic Development, this article has a twofold goal. First, it explores the current Russian domestic Arctic agenda, mapping key actors and priorities and examining the results achieved so far. Second, it discusses what this case study may tell us the about policy formulation and implementation in Russia today. We find that while the government’s renewed focus on the Arctic Zone has yielded some impressive results, the State Commission has been at best a mixed success. The case study demonstrates how, in the context of authoritarian modernization, the Russian government struggles to come up with effective and efficient institutions for Arctic governance. Moreover, the widespread image of a Russian governance model based on a strictly hierarchic “power vertical” must be modified. Russia’s Arctic policy agenda is characterized by infighting and bureaucratic obstructionism: even when Putin intervenes personally, achieving the desired goals can prove difficult.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals Dominasi dan ketidakadilan negara dan korporasi dalam kasus bencana lumpur Lapindo

2017 ◽  
Vol 30 (2) ◽  
pp. 150
Author(s):  
Oman Sukmana
Keyword(s):  
Resource Management ◽  
State Government ◽  
Oil And Gas ◽  
The State ◽  
Group Discussions ◽  
Disaster Victims ◽  
The People ◽  
Data Collection Process ◽  
The Government

The domination of the state (government) and Corporate (PT LBI) in the oil and gas resource management lead Lapindo mudflow disaster that caused misery to the people. This study aims to assess the forms of domination and injustice by the state (government) and the corporation in the case of Lapindo mudflow disaster, and how Lapindo mudflow disaster victims negotiate (resist) against the state (government) and corporations in an effort to fight for their rights. This study used a qualitative approach with case study. Subjects and informantsresearch include: (1) Lapindo mudflow disaster victims; (2) group coordinator of Lapindo mudflow disaster victims; (3) Public figures Siring village, Tanggulangin, Renokenongo, Jabon, and Jatirejo, Porong district, Sidoarjo; (4) Representation of the corporation (PT. LBI); and (5) Representation of BPLS. The data collection process using the in-deepth interviews, observation, focus group discussions, and review documents. Stage processing and data analysis includes the coding process, memoing, and concept mapping. The results showed that the government (the state) and the corporation (PT LBI) action dominating the oil and gas resource management in the area of Porong district, Sidoarjo regency, East Java, resulting misery for the victims (people). Forms of injustice felt by residents Lapindo mudflow disaster victims not only related to the issue of compensation for land and building assets alone, but more than that, including various dimensions. Through a variety of collective action, such as demonstrations and negotiations, Lapindo mudflow disaster victims filed various charges, such as demands for payment of compensation for land and building assets destroyed.

scholarly journals Indigenous Rights and Multilevel Governance: Learning From the Northwest Territories Water Stewardship Strategy

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Alex Latta
Keyword(s):  
Natural Resources ◽  
Northwest Territories ◽  
Indigenous Peoples ◽  
Water Policy ◽  
Indigenous Rights ◽  
The State ◽  
Multilevel Governance ◽  
Resource Governance ◽  
Effective Collaboration ◽  
Over Time

States’ increasing recognition of Indigenous rights in the realm of natural resources has led to a variety of co-management arrangements and other forms of melded authority, evolving over time into increasingly complex governance relationships. This article takes up such relationships within the analytical frame of multilevel governance, seeking lessons from the experiences of Indigenous involvement in water policy in Canada’s Northwest Territories (NWT). It examines the way that effective collaboration in resource governance can emerge within the space of tension between evolving Indigenous rights regimes and the continued sovereignty of the state. At the same time, the analysis raises questions about whether multilevel governance can contribute to meaningful decolonization of relationships between settler states and Indigenous Peoples.

CERD, the State, mining corporations and indigenous peoples’ rights: the experience of the Subanon in the Philippines

2017 ◽  
Author(s):  
Cathal Doyle
Keyword(s):  
Indigenous Peoples ◽  
Early Warning ◽  
The Philippines ◽  
The State ◽  
Action Procedure ◽  
Urgent Action

The chapter offers a compelling case study on the operationalization of CERD’s early warning and urgent action procedure in the case of the Subanon community located at the foot of Mt Canatuan in the Phillippines, and provides a close-up of the relevance of the treaty on the ground.

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