Indigenous Peoples in Pakistan: In Consideration of the Right to Cultural Property and Identity

2021 ◽  
Vol 7 (2) ◽  
pp. 373-390
Author(s):  
Usman Hameed ◽  
◽  
Zarfishan Qaiser ◽  
Khushbakht Qaiser ◽  
Kashif Imran Zadi ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Cultural Property ◽  
The Right

Indigenous Peoples

2008 ◽  
Author(s):  
Russel Lawrence Barsh
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Environmental Law ◽  
Indigenous Rights ◽  
Cultural Property ◽  
Political Rights ◽  
International Labour Organisation ◽  
Definition Of ◽  
The Right

This article first treats the emergence of indigenous peoples' rights in international law in its historic context. Subsequently, it addresses conceptual issues related to the position of indigenous peoples in international law. These issues concern critical distinctions and assumptions related to the definition of what constitutes an ‘indigenous people’ and, especially, the distinction between minority and indigenous peoples' rights and the collective representation of indigenous peoples. The article also explores the role of indigenous peoples in international environmental law with a focus on distinctively indigenous rights and responsibilities. Indigenous rights, and especially substantive rights, relate to the environment, regardless of whether they are pursued in the context of the International Labour Organisation or the Commission on Sustainable Development (CSD). The article also looks at community rights and partnerships, rights to land and the environment, political rights, intellectual and cultural property rights, and the right to external self-determination.

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.

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

scholarly journals Environmental governance: Broadening ontological spaces for a more livable world

2021 ◽  
pp. 251484862110185
Author(s):  
Walker DePuy ◽  
Jacob Weger ◽  
Katie Foster ◽  
Anya M Bonanno ◽  
Suneel Kumar ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Environmental Governance ◽  
Policy Instruments ◽  
Self Determination ◽  
Ontological Pluralism ◽  
Cognitive Justice ◽  
Challenges And Opportunities ◽  
United Nations Declaration ◽  
The Right ◽  
Land Water

This paper contributes to global debates on environmental governance by drawing on recent ontological scholarship to ask: What would it mean to ontologically engage the concept of environmental governance? By examining the ontological underpinnings of three environmental governance domains (land, water, biodiversity), we find that dominant contemporary environmental governance concepts and policy instruments are grounded in a modernist ontology which actively shapes the world, making certain aspects and relationships visible while invisibilizing others. We then survey ethnographic and other literature to highlight how such categories and their relations have been conceived otherwise and the implications of breaking out of a modernist ontology for environmental governance. Lastly, we argue that answering our opening question requires confronting the coloniality woven into the environmental governance project and consider how to instead embrace ontological pluralism in practice. In particular, we examine what taking seriously the right to self-determination enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) could mean for acknowledging Indigenous ontologies as systems of governance in their own right; what challenges and opportunities exist for recognizing and translating ontologies across socio-legal regimes; and how embracing the dynamism and hybridity of ontologies might complicate or advance struggles for material and cognitive justice.

Introduction: Configuring the Green New Deal

2021 ◽  
pp. 103530462110176
Author(s):  
Anna Sturman ◽  
Natasha Heenan
Keyword(s):  
Land Use ◽  
Indigenous Peoples ◽  
New Deal ◽  
Large Scale ◽  
Political Strategy ◽  
Right Wing ◽  
Jel Codes ◽  
Economic Stagnation ◽  
Political Project ◽  
The Right

We introduce a themed collection of articles on approaches to configuring a Green New Deal as a response to the current capitalist crisis marked by ecological breakdown, economic stagnation and growing inequality. The Green New Deal is a contested political project, with pro-market, right-wing nationalist, Keynesian, democratic socialist and ecosocialist variants. Critiques of the Green New Deal include pragmatic queries as the feasibility of implementation, and theoretical challenges from the right regarding reliance on state forms and from the left regarding efforts to ameliorate capitalism. They also include concerns about technocratic bias and complaints about lack of meaningful consultation with Indigenous peoples on proposals for large-scale shifts in land use. Debates over the ideological orientation, political strategy and implementation of the Green New Deal must now account for the economic and employment impacts of COVID. JEL Codes: Q43, Q54, Q56, Q58

scholarly journals Indigenous Education and Human Rights

2007 ◽  
Vol 14 (4) ◽  
pp. 425-453 ◽  
Author(s):  
Noam Schimmel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Cultural Continuity ◽  
Human Right ◽  
Language And Culture ◽  
The Social ◽  
Majority Culture ◽  
Educational Programmes ◽  
The Right

AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.

Рroblems of the Judicialprotecting the Rights of the Indigenous Peoples of the Far East to Traditional Fisheries

2021 ◽  
pp. 63-72
Author(s):  
Yakunin D. V. ◽  
◽  
Khromin R. V. ◽  
Keyword(s):  
Indigenous Peoples ◽  
Russian Federation ◽  
Far East ◽  
Legal Regulation ◽  
The Far East ◽  
Indigenous Minorities ◽  
The Russian Federation ◽  
The Right ◽  
Traditional Fishing

The article is devoted to the analysis of the problems of protecting the right of indigenous peoples of the Far East to traditional fishing. To improve the legal regulation in this area, according to the author of the article, will allow the development of special procedures for resolving disputes with the participation of indigenous minorities, as well as amending the legislation of the Russian Federation regulating the rules of traditional fishing for indigenous minorities.

scholarly journals Evolving Legal Protections for Indigenous Peoples in Africa: Some Post-UNDRIP Reflections

2018 ◽  
Vol 26 (3) ◽  
pp. 339-365
Author(s):  
Derek Inman ◽  
Dorothée Cambou ◽  
Stefaan Smis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Regional Level ◽  
Self Determination ◽  
African Continent ◽  
African Context ◽  
United Nations Declaration ◽  
Human Rights Norms ◽  
The Right

Prior to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) many African states held a unified and seemingly hostile position towards the UNDRIP exemplified by the concerns outlined in the African Group's Draft Aide Memoire. In order to gain a better understanding of the protections offered to indigenous peoples on the African continent, it is necessary to examine the concerns raised in the aforementioned Draft Aide Memoire and highlight how these concerns have been addressed at the regional level, effectively changing how the human rights norms contained within the UNDRIP are seen, understood and interpreted in the African context. The purpose of this article is to do just that: to examine in particular how the issue of defining indigenous peoples has been tackled on the African continent, how the right to self-determination has unfolded for indigenous peoples in Africa and how indigenous peoples' right to free, prior and informed consent has been interpreted at the regional level.

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