Over-regulation of Indigenous law? The Burial and Cremation Bill 2019 (NT)

2020 ◽  
pp. 1037969X2097479
Author(s):  
Stephen Gray
Keyword(s):  
Indigenous People ◽  
Record Keeping ◽  
Indigenous Law ◽  
Policy Goals ◽  
The Law ◽  
Aboriginal Law

The Northern Territory’s Burial and Cremation Bill 2019 has been criticised as a gross form of disrespect to traditional Aboriginal law, with Indigenous people arguing that the Bill criminalises the operation of Aboriginal law on Aboriginal land, and may lead to an increase in already high incarceration rates. Should the law in this area seek to strike a ‘balance’ between Aboriginal law and the policy goals of non-Aboriginal law, including policing and record-keeping; or should Indigenous people be left free to carry out traditional law in an area of great cultural and historical sensitivity?

scholarly journals Critical Review of Indonesian Government Legal Policies on The Conversion of Protected Forests and Communal Lands of The Indigenous Batak People around Lake Toba

2019 ◽  
Vol 06 (03) ◽  
pp. 446-465
Author(s):  
Imamulhadi Imamulhadi ◽  
Nia Kurniati
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Land Conversion ◽  
Indonesian Government ◽  
Protected Forests ◽  
Communal Lands ◽  
The Law ◽  
Legal Policies ◽  
Village Government ◽  
United Nation

The Development Plan of Sibisa Lake Toba Tourism Area as The National Strategic Area for Tourism by performing a land conversion on protected forests and communal lands had stirred up a problem dilemma regarding the resistance from indigenous people around Toba Lake. It is crucial to be questioned, whether the conversion policy of protected forests and communal lands by the Indonesian Government to develop Sibisa Danau Toba Tourism Area is in accordance with related laws and regulations? As the answer, it can be concluded that the mentioned policy opposes: Article 18b of the 1945 Constitution; Article 15 of the Law of 2009 Number 32 on Environmental Protection and Management; Presidential Regulation Number 81 of 2014 on The Spatial Planning of Lake Toba Area; The Law of 1999 Number 39 on Human Rights; The Law of 2016 Number 6 on Village Government, and lastly, the United Nation Declaration on Human Rights of Indigenous People (UNDHRIP).

scholarly journals Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»

2021 ◽  
pp. 132-142
Author(s):  
Anton Opanasenko
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
State Power ◽  
Self Determination ◽  
National Minority ◽  
Public Authorities ◽  
Collective Rights ◽  
The Law ◽  
Detailed Interpretation

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.

scholarly journals The Tricksters Speak: Klooscap and Wesakechak, Indigenous Law, and the New Brunswick Land Use Negotiation

2016 ◽  
Vol 61 (4) ◽  
pp. 979-1014
Author(s):  
Lara Ulrich ◽  
David Gill
Keyword(s):  
New Brunswick ◽  
Natural World ◽  
First Nation ◽  
Indigenous Law ◽  
Talking Circle ◽  
Constitutional Principle ◽  
Legal Obligations ◽  
Legal Duty ◽  
Aboriginal Law ◽  
The University

In 2015, the University of New Brunswick hosted the Kawaskimhon Talking Circle Moot. The moot problem was based on the case of Buctouche First Nation v. New Brunswick. The applicant First Nation applied to the courts for an injunction opposing the New Brunswick government’s forest strategy. The forest strategy increased the annual harvesting of softwood timber while reducing the area of Crown-protected conservation forest. Participants were assigned clients and asked to represent these clients’ interests and perspectives. This article presents the argument made on behalf of the Council of Traditional Elders and Chiefs of the Mi’kmaq peoples. Their interests consist of protecting the traditional lands of the Mi’kmaq people while recognizing that the Mi’kmaq have a legal duty to the forests upon which they depend. The argument is presented as a dialogue between two Indigenous tricksters—Klooscap (a Mi’kmaq trickster) and Wesakechak (a Cree trickster). The tricksters advance their position using Mi’kmaq law. In particular, the tricksters focus on the environmental and constitutional principle of netukulimk. Netukulimk is a theory of sustainability that is offered as an alternative framework to the colonial laws that currently dominate Canadian Aboriginal legal issues. The use of Mi’kmaq law presents opportunities for self-governance by recognizing and applying Mi’kmaq legal obligations to the natural world. This article concludes with a brief commentary on the application of Indigenous law in this fictionalized context and its future as an influence on and alternative to Canadian Aboriginal law.

scholarly journals The death of law? Computationally personalized norms and the rule of law

2021 ◽  
Author(s):  
Timothy Endicott ◽  
Karen Yeung
Keyword(s):  
Rule Of Law ◽  
Data Analytics ◽  
Big Data Analytics ◽  
Data Driven ◽  
Public Agency ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Private Agency ◽  
Policy Goals ◽  
The Law

The emergent power of big data analytics makes it possible to replace impersonal general legal rules with personalized, particular norms. We consider arguments that such a move would be generally beneficial, replacing crude, general laws with more efficiently targeted ways of meeting public policy goals and satisfying personal preferences. Those proposals pose a radical, new challenge to the rule of law. Data-driven legal personalization offers some benefits that are worth pursuing, but we argue that the benefits can only legitimately be pursued where doing so is consistent with the agency that the law ought to accord to individuals and with the agency that the law ought to accord to public bodies. The principle of public agency is a prerequisite for the rule of law. The principle of private agency depends on the rule of law. Each is incompatible with the unrestrained computational personalization of law.

Making the Highlands Safe for Business

2016 ◽  
Keyword(s):  
Human Rights ◽  
National Security ◽  
Indigenous People ◽  
Crime Rates ◽  
State Violence ◽  
Economic Anthropology ◽  
Complex Relationship ◽  
Social Suffering ◽  
Security Measures ◽  
Indigenous Law

The fifth chapter of the book is devoted to the topic of security. It draw on framings from medical, legal, and economic anthropology to understand how Maya apparel workshops owners and other highland residents alternatively take up or contest the language of human rights and rule of law in a context of everyday violence and widespread social suffering. Amidst rising violent crime rates, extortion rings, and government corruption, workshop owners have recently adopted private security measures that are sometimes characterized by scholars, journalists, and activists in terms of “indigenous law.” This characterization implies a relationship to the past and tradition and can obscure the complex relationship between enterprising forms of security evident in Maya communities and neoliberal ideologies of entrepreneurial freedom, discourses of national security, and deep histories of state violence and discrimination against indigenous people. The chapter analyzes community-level security measures and the discourses of blame that circulate among Maya apparel workshop owners to also reveal the importance of space and scale for how people make sense of insecurity and lay claim to forms of work, membership, and belonging that they understand as decidedly not criminal or immoral, including the work of brand piracy.

JAVNOBELEŽNIČKA FORMA UGOVORA U NASLEDNOM PRAVU

2021 ◽  
Author(s):  
Tamara Đurđić - Milošević ◽  
Keyword(s):  
Contract Law ◽  
Special Significance ◽  
Inheritance Law ◽  
Legal Policy ◽  
Policy Goals ◽  
The Law ◽  
Notary Public

With the introduction of the of notary public into Serbian law, notary services are gaining more and more importance, and thus the role of notaries has become more dominant in different fields of law, primarily in contract law. Proscribing the notarial form as ad solemnitatem form for the validity of some contracts, thus deviating from the principle of consensualism inherent to the law of obligations, the question of the justification of the constitutive character of the notarial form arises. In order to find the answer to the raised question, it is necessary to examine the types and functions of the form determined by legal policy goals which justify formalism in contract law, and whose realization is especially contributed by notaries as actors in shaping legal transactions. The notarial form also has a special significance for contracts of inheritance law, where it has been proscribed as obligatory for the most important contracts (inheritance law contracts, contract on lifelong maintenance, contract on assignment and distribution of property during lifetime ). The aim of this research is to determine the significance of the notarial form in contractual inheritance law.

Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?

Polar Record ◽  
2012 ◽  
Vol 49 (2) ◽  
pp. 204-207 ◽  
Author(s):  
Hiroshi Maruyama
Keyword(s):  
Social Welfare ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Japanese Government ◽  
Japanese History ◽  
Welfare Measures ◽  
The Law ◽  
Post War ◽  
First Time

ABSTRACTIn 1946, the Ainu Association of Hokkaido was established by the Ainu to reclaim their lands. The 1970s and 80s saw that the association successfully put pressure on the Hokkaido Prefectural Government to take social welfare measures for the improvement of their life and make a new law counter to the Hokkaido Former Aborigines Protection Act. In 1997 the Japanese Government enacted the so-called New Ainu Law. However, it is totally different from the original draft made by the Ainu. The law does not designate the Ainu as indigenous people. Further, it is outstripped by the decision of Nibutani Dam Case that, for the first time in Japanese history, recognised Ainu right to culture and indigenousness in Japanese territory. In 2008 the Japanese Government finally recognised the Ainu as indigenous people in the wake of the UN Declaration of the Rights of Indigenous Peoples. However, the Ainu do not yet have any indigenous rights. This note chronologically outlines Japan's post-war Ainu policy, and moreover explores who and what has influenced Ainu policy and the law.

Record keeping: midwives and the law

2007 ◽  
Vol 15 (5) ◽  
pp. 303-304
Author(s):  
Richard Griffith
Keyword(s):  
Record Keeping ◽  
The Law
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