scholarly journals GERAKAN MASYARAKAT ADAT SAMI DAN KONTESTASI SUMBER DAYA ALAM

2017 ◽  
Vol 8 (2) ◽  
pp. 125
Author(s):  
Manggala Ismanto
Keyword(s):  
Cultural Identity ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
Cultural Practices ◽  
Minority Rights ◽  
Minority Communities ◽  
Cultural Rights ◽  
Indigenous Movement ◽  
The Right

The main agenda of the indigenous movement is fighting for political and cultural rights of ethnic minority communities in accordance with unique historical and cultural practices that they have. As Kymlicka said, minority rights must also be fought because they are on a system that is governed by the majority who pretend to produce injustice. Sami Indigenous Movement in Norway is a form of a long struggle to obtain the right independently to manage natural resources. Currently Sami struggling to maintain the uniqueness of the cultural identity and living practices that have been owned for generations. This paper would like to see the establishment of indigenous peoples' movement Sami in Norway as well as the practice of social movements committed to demanding social change related to self-governance and autonomy of management of natural resources.Keywords: Indigenous Movement, Sami People, Identity,  Otonomy,Natural Resource ManagementAbstrakAgenda utama dalam gerakan adat atau indigenous movement adalah memperjuangkan hak politik dan budaya komunitas etnis yang menjadi minoritas sesuai dengan keunikan historis serta praktik budaya yang mereka miliki. Seperti yang dikatakan oleh Kymlicka, bahwa hak-hak minoritas juga harus diperjuangkan karena mereka berada pada sistem yang diatur oleh mayoritas yang berpretensi menghasilkan ketidakadilan. Gerakan Masyarakat Adat Sami di Norwegia merupakan bentuk perjuangan panjang untuk memperoleh hak secara mandiri untuk mengelola sumber daya alam. Saat ini masyarakat Sami berjuang untuk mempertahankan keunikan identitas budaya dan praktik hidup yang telah dimiliki secara turun temurun. Tulisan ini ingin melihat pembentukan gerakan masyarakat adat Sami di Norwegia serta praktik gerakan sosial yang dilakukan untuk menuntut perubahan sosial terkait dengan self-governancedan otonomi pengelolaan sumber daya alam.Kata kunci: Gerakan Masyarakat Adat, Sami, Identitas, Otonomi, Pengelolaan Sumber DayaAlam 

scholarly journals http://habibiaislamicus.com/index.php/hirj/article/view/176

2021 ◽  
Vol 5 (1) ◽  
pp. 51-66
Author(s):  
Zahida Parveen ◽  
◽  
Aijaz Ali Khoso
Keyword(s):  
Cultural Practices ◽  
Religious Communities ◽  
Minority Communities ◽  
Cultural Rights ◽  
The Status ◽  
The Right ◽  
Partition Of India ◽  
Personal Law ◽  
Women Rights ◽  
Status Of Women

The particular nature of partition of India left the different religious communities with strained relations. The bloody backdrop made an imperative on the newly independent nation to sort out the majority-minority relationships amidst communities. The nation started with a centralizing tendency. The two nation theory based on religious identities shaped the post-independence politics to a great extent. Minority communities were given social and cultural rights but nonpolitical rights. As a part of cultural rights, these communities were left on their own with regard to marriage, divorce, inheritance etc. The nascent nation faced the dilemma of balancing the rights of different groups. As a result mere equality before law was substantiated by the right of members of minority communities to have the liberty to lead a life in accordance with their cultural practices. Islam has been focusing on chastity of the society and for this it describes rules and manners to be followed. On the other hand, West particularly in its modern capitalistic perspective gives its followers to lead a hedonistic life having no clutch on individual desires. West uses feministic sound louder and louder to portray itself the champion of Women rights but it has been observed that West through this campaign also tries to get its objectives against Islam. In this paper an attempt has been taken to highlighting how the West influences Muslim personal law in the subcontinent. At the same time, in this paper, an effort has also been made to resolve some repeated objections regarding the status of Women eruditely.

scholarly journals LOS DERECHOS A UN AMBIENTE SANO, A LA ALIMENTACIÓN ADECUADA, AL AGUA Y A LA IDENTIDAD CULTURAL. CASO COMUNIDADES INDÍGENAS MIEMBROS DE LA ASOCIACIÓN LHAKA HONHAT (NUESTRA TIERRA) VS. ARGENTINA ANTE LA CIDH.

2020 ◽  
Vol 5 (2) ◽  
pp. 330-355
Author(s):  
Fanny Verónica Mora Navarro
Keyword(s):  
Cultural Identity ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Final Decision ◽  
Political Rights ◽  
Cultural Rights ◽  
Healthy Environment ◽  
Adequate Food ◽  
Identidad Cultural ◽  
The Right

The case Lhaka Honhat (Our Land) is the first in the IACHR related with the claim of the indigenous communities in Argentina. The final decision of the case was stated the 6th of February 2020. The IACHR considered that the State is responsible for the violation of the right of participate in a cultural life, contained in the cultural identity, to a healthy environment, appropriate nutrition and water, stated in the article 26 of the American Convention on Human Rights. This is the first precedent regarding social rights and indigenous peoples. The investigation will address: the importance and progress of the resolutions of the IACHR, related with indigenous peoples; the main judgments that support the differentiated analysis of civil and political rights regarding economic, social and cultural rights; and the rights to a healthy environment, to adequate food, to water and to cultural identity and peculiarities in relation to indigenous peoples

Centre for Minority Rights Development (Kenya) and Minority Rights Group International on Behalf of Endorois Welfare Council v Kenya: A Landmark Decision from the African Commission

2011 ◽  
Vol 55 (2) ◽  
pp. 300-313 ◽  
Author(s):  
Elizabeth Ashamu
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
Legal Analysis ◽  
Right To Development ◽  
Indigenous Lands ◽  
Game Reserve ◽  
Management And Development ◽  
The Right ◽  
African Commission

AbstractThis is the first judgment from the African Commission on Human and Peoples' Rights to address the rights of indigenous peoples and their claims to land and natural resources. It is also the first ruling by an international tribunal which finds a violation of the right to development. The Commission examined the Kenyan government's eviction of the indigenous Endorois community from their ancestral land around Lake Bogoria to establish a game reserve. Finding violations of the rights of the Endorois to religion, culture, property, natural resources and development, the Commission called for the recognition of Endorois ownership of their ancestral land and its restitution to the community. This case note describes the Commission's legal analysis of the Endorois case and explains how the decision establishes an important precedent for ensuring equity and participation in natural resource management and development on indigenous lands.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

The March of Neocolonization Folly in the Amazon

2020 ◽  
pp. 153270862097874
Author(s):  
Marcelo Diversi
Keyword(s):  
Global Warming ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
New World ◽  
Amazon Rainforest ◽  
Resource Extraction ◽  
Direct Connection ◽  
Natural Resource Extraction ◽  
Plant Extinction

The Amazon Rainforest is the most biodiverse place on Earth, home to hundreds of indigenous peoples, many of whom still with no or little contact with settler civilization, and of vital importance for our planet’s climate sustainability. Yet the march of neocolonization continues to advance deforestation, indigenous displacement, animal and plant extinction, unsustainable natural resource extraction, and disruption in river connectivity and to greatly contribute to global warming. In this article, I will deconstruct the narratives used to justify the Amazonian westward march in pursuit of energy, land, and natural resources, establishing a direct connection between contemporary narratives of justification and the Spanish “Requerimiento” of 1513, a declaration by the Spanish Monarchy of their divine right to conquer the New World and its peoples.

scholarly journals Government Policy in the Natural Resource Management of Local Community

2016 ◽  
Vol 1 (1) ◽  
pp. 122
Author(s):  
Revency Vania Rugebregt ◽  
Abrar Saleng ◽  
Farida Patittingi
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Natural Resource Management ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
Local Community ◽  
Legal Pluralism ◽  
Environmental Damage ◽  
Customary Rights ◽  
The Government

Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.

scholarly journals Introduction

2021 ◽  
pp. 3-13
Author(s):  
Jesper Larsson ◽  
Eva-Lotta Päiviö Sjaunja
Keyword(s):  
Natural Resources ◽  
Early Modern ◽  
Social Organization ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
Resource Use ◽  
Interdisciplinary Approach ◽  
Natural Resource Use ◽  
Parallel Processes

AbstractIn the first chapter we set the scene for the books overarching question: How did early modern indigenous Sami inhabitants in interior northwest Fennoscandia build institutions for governance of natural resources? We explain why we consider self-governance and colonialism as two parallel processes that are not mutually exclusive and how the book contributes to the discussion about the nature of indigenous peoples’ rights to land and water by focusing on early modern strategies for natural resource use. This can contribute to the discussion about decolonization of present-day practices and policies. We explain why an interdisciplinary approach is required that not only focuses on social organization but also analyzes how societies and ecological settings were interwoven.

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.

Property Rights and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Rural Women ◽  
Local Communities ◽  
Small Scale ◽  
Human Rights Law ◽  
Community Property ◽  
The Right ◽  
And Control

This chapter focuses on the connection between property rights and natural resources. Most national jurisdictions are based on a model of ‘State property’, whereby ownership and control of natural resources are vested in the ultimate authority of the State. This chapter analyses how the right to property supports the recognition of property rights over natural resources for certain category of citizens, notably indigenous peoples, landless peasants, and rural women. Based on this analysis, the chapter then explores how human rights law is gradually supporting the recognition of some forms of community property rights, notably for local forest communities and small-scale fishing communities. It also explores some of the underlying tensions between the concessionary rights of corporations and investors over natural resources and the rights of local communities.

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