scholarly journals Rights, responsibilities, and resistance: Legal discourse and intervention legislation in the Northern Territory in Australia

Semiotica ◽  
2016 ◽  
Vol 2016 (209) ◽  
pp. 167-185 ◽  
Author(s):  
Peter Gale
Keyword(s):  
United Nations ◽  
Cultural Practices ◽  
Indigenous Rights ◽  
Northern Territory ◽  
Customary Law ◽  
Welfare Benefits ◽  
Rights Of The Child ◽  
The United Nations ◽  
The One ◽  
United Nations Declaration

AbstractIn the shadow of the United Nations Declaration on the Rights of Indigenous Peoples, adopted and endorsed by 143 nations on 17th September 2007, the then Howard Government suspended the Racial Discrimination Act in Australia to implement the Northern Territory Emergency Response Bill, commonly referred to as the Northern Territory intervention. This legislation included the compulsory acquisition of townships; the suspension of the permit system to access Aboriginal communities; the removal of customary law or cultural practices in any legal considerations in sentencing; the abolition of the Community Development Employment Projects; and the quarantining of a proportion of welfare benefits for all recipients in designated communities. While Australia was one of only four nations who did not endorse the Declaration in 2007, the UN Declaration was subsequently adopted and endorsed in April 2009 by the then Rudd Labor Government. The ratification of the UN Declaration may appear to reflect a change of policy, yet amidst significant Indigenous opposition and criticism of the United Nations, the Gillard Labor Government continued the central tenants of the NT Intervention for a further ten years in the form of the Stronger Futures legislation in 2012. This essay explores some of the tensions and contradictions inherent within legal and political discourse in the recognition of rights between the rights of the child on the one hand, and Indigenous rights and citizenship rights within the Northern Territory Intervention legislation and policy of Stronger Futures in the Northern Territory.

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.

Removing Legal Discrimination Against Children Born Outside Marriage

1979 ◽  
Vol 4 (4) ◽  
pp. 24-27
Author(s):  
Rebecca J. Bailey
Keyword(s):  
United Nations ◽  
General Expression ◽  
Practical Significance ◽  
First Principle ◽  
Equal Rights ◽  
Rights Of The Child ◽  
The United Nations ◽  
United Nations Declaration ◽  
National Governments

The First Principle of the United Nations Declaration of the Rights of the Child (1959) states that “The child shall enjoy all the rights set forth in this Declaration. All children, without any exception whatsoever, shall be entitled to these rights, without distinction or discrimination on account of … birth or other status, whether of himself or of his family”. Such a general expression of the desirability of equal rights for all children can be of little practical significance in the absence of positive laws to give substance to its spirit. The Declaration itself recognizes this in its Preamble, which calls upon “… national Governments to recognize these rights and strive for their observance by legislation and other measures”.

scholarly journals Eksistensi Kearifan Lokal dalam Pengaturan Pemilihan Kepala Desa Ditinjau dari Undrip (Studi Kasus Pemilihan Kepala Desa pada Masyarakat Adat Kedepatian Semerap Kabupaten Kerinci)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 305
Author(s):  
Dony Yusra Pebrianto ◽  
Budi Ardianto ◽  
Taufan Dyusanda Putra
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Positive Impact ◽  
The State ◽  
Customary Law ◽  
Community Needs ◽  
The United Nations ◽  
United Nations Declaration ◽  
The Village ◽  
Selection Of

Internationally The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) emphasizes respect for the local wisdom of indigenous legal communities. The selection of village heads is one of the regulatory concepts stipulated in Law No. 6 of 2014 on Villages. The selection of village heads in the concept of this law is conducted simultaneously stipulated by local regulations and the procedures are specifically regulated through government regulations as stipulated in Article 31 of Law No. 6 of 2014 on Villages. But it turns out that in practice, especially in indigenous peoples, the deability of the village head election often clashes with the arrangement of the village head election. So in this case the formulation of the problem in this writing is how the arrangement of the rights of indigenous peoples in The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the value and concept of local wisdom that applies in the selection of village heads in 5 (Five) Villages Semerap Kedepatian. The method used in this writing uses empirical juridical methods. And in this case it is concluded that UNDRIP regulates matters relating to individual rights as well as very specific collective rights sourced from indigenous peoples. In this case the State is obliged to protect or fulfill the rights of indigenous peoples including cultural heritage and their cultural manifestations including human resources and genetics. And in the indigenous people of kedepatian semerap Kerinci regency there is a customary provision where the prospective head of the village must get customary recommendations and be appointed from Depati and Nenek Mamak. The provision is considered contrary to the local Paraturan in relation to the election of the village head. So given the provisions of UNDRIP and the 1945 Constitution, the State is obliged to protect and maintain these customs given the positive impact that arises from it. So in this case the customary provisions should be regulated in the Regulation including also about the recognition of indigenous peoples. In addition, the community needs to open a paradigm on human rights in the selection of village heads in addition to the paradigm of the enforcement of customary law there needs to be flexibility from the State as long as it is not contrary to national law.

The New Legal Context of Indigenous Peoples' Rights: The United Nations Declaration on the Rights of Indigenous Peoples

2013 ◽  
Vol 37 (4) ◽  
pp. 141-156 ◽  
Author(s):  
Julie Rowland
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Future Research ◽  
Historical Trends ◽  
Legal Context ◽  
American Law ◽  
The United Nations ◽  
United Nations Declaration ◽  
First Time

The United Nations Declaration on the Rights of Indigenous Peoples is a momentous step both for indigenous peoples and the nations in which they reside. For the first time, the global community recognizes the unique rights of indigenous peoples and aspires to protect those rights. The new declaration is shaped by the historical trends of international law, and it will be implemented within the context of local and national law. To provide a better understanding of the declaration and to prepare citizens for its implementation, this essay examines how the international legal approach to rights will affect its implementation. Additionally, this article assesses issues of interpretation that may occur when the declaration is implemented. An examination of the application of the declaration in the context of American law provides an example of potential conflicts that may arise between national law and the declaration. Other legal sources of indigenous rights are described to provide a fuller picture of the ways in which indigenous peoples can protect their rights. Overall, this essay aims to give scholars and the general public grounding in the legal context of the declaration for future research on and observation of the declaration as it is implemented globally.

The Rights of the Child 20 Years after: Dream or Reality

1979 ◽  
Vol 4 (4) ◽  
pp. 9-10
Author(s):  
Mehr Kamal
Keyword(s):  
United Nations ◽  
Related Research ◽  
Rights Of The Child ◽  
Look Back ◽  
The World ◽  
20Th Anniversary ◽  
The United Nations ◽  
United Nations Declaration

Anniversaries provide a convenient time to stop and look back on the event they commemorate, a time to take stock of what has been achieved and assess what remains to be done. November 20, 1979, will mark the 20th anniversary of the United Nations Declaration of the Rights of the Child. This year – the International Year of the Child – is particularly suited to this type of instrospection. IYC has put the spotlight on the situation of children all over the world and provided an impetus for child-related research. Drawing upon some of the statistics available, let us measure the rights the United Nations affirmed for children 20 years ago against the reality of their lives today.

scholarly journals Respecting and recognising Indigenous rights when challenged by commercial activities

2017 ◽  
Vol 10 (1) ◽  
pp. 1-17
Author(s):  
Valmaine Toki
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Extractive Industries ◽  
Reference Guide ◽  
Commercial Activities ◽  
Basic Rights ◽  
The United Nations ◽  
United Nations Declaration

The United Nations Declaration on the Rights of Indigenous Peoples was hailed as a triumph among Indigenous peoples, signalling a long-awaited recognition of their fundamental human rights. Despite this, many violations of these basic rights continue, particularly in relation to extractive industries and business activities. In response, a business reference guide seeks to inform industries of their responsibilities. This article examines the tenuous relationship between Indigenous rights, state responsibilities and business expectations.

Part V Economic and Social Rights, Ch.16 Labour Rights: Article 17

2018 ◽  
Author(s):  
Swepston Lee
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Equal Treatment ◽  
Comprehensive Treatment ◽  
Labour Law ◽  
Labour Rights ◽  
Domestic Labour ◽  
The United Nations ◽  
United Nations Declaration

This chapter examines labour rights under Article 17 of the Declaration, showing that Article 17 was intended to guarantee to indigenous peoples and individuals fair and equal treatment under labour law at both the international and domestic levels. As was clear from the drafting process, Article 17 opens up the protection afforded under the wider standards adopted by the United Nations and by the International Labour Organization (ILO), among others, to indigenous and tribal peoples as they endeavour to support themselves and their families. Moreover, Article 17 reaches into existing human rights law on labour matters and incorporate those concepts in the broad and comprehensive treatment of indigenous rights covered by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It also draws attention to the need to apply generally applicable international labour law, as well as domestic labour law, to these peoples who so often are neglected in its application.

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