scholarly journals Land Policies for the Benefit of State, Investors and Indigenous People in the Natural Resources Exploitation

Author(s):  
St. Laksanto Utomo
2017 ◽  
Vol 23 (2) ◽  
Author(s):  
JAMIL AHMED KHAN ◽  
RAJINDER PAUL

Poonch district of Jammu and Kashmir is a reservoir of enormous natural resources including the wealth of medicinal plants. The present paper deals with 12 medicinal plant species belonging to 8 genera of angiosperms used on pneumonia in cattle such as cows, sheep, goats and buffaloes in different areas of Poonch district. Due to poverty and nonavailability of modern health care facilities, the indigenous people of the area partially or fully depend on surrounding medicinal plants to cure the different ailments of their cattles. Further research on modern scientific line is necessary to improve their efficacy, safety and validation of the traditional knowledge.


Author(s):  
Daan P. van Uhm ◽  
Ana G. Grigore

AbstractThis article explores the relationship between the Emberá–Wounaan and Akha Indigenous people and organized crime groups vying for control over natural resources in the Darién Gap of East Panama and West Colombia and the Golden Triangle (the area where the borders of Laos, Myanmar (Burma), and Thailand meet), respectively. From a southern green criminological perspective, we consider how organized crime groups trading in natural resources value Indigenous knowledge. We also examine the continued victimization of Indigenous people in relation to environmental harm and the tension between Indigenous peoples’ ecocentric values and the economic incentives presented to them for exploiting nature. By looking at the history of the coloniality and the socioeconomic context of these Indigenous communities, this article generates a discussion about the social framing of the Indigenous people as both victims and offenders in the illegal trade in natural resources, particularly considering the types of relationships established with dominant criminal groups present in their ancestral lands.


2019 ◽  
Vol 26 (3) ◽  
pp. 373-408
Author(s):  
M. Ya’kub Aiyub Kadir

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.


Author(s):  
Marc Dourojeanni

In 1945 the Amazon biome was almost intact. Marks of ancient cultural developments in Andean and lowland Amazon had cicatrized and the impacts of rubber and more recent resources exploitation were reversible. Very few roads existed, and only on the Amazon’s periphery. However, from the 1950s, but especially in the 1960s, Brazil and some Andean countries launched ambitious road-building and colonization processes. Amazon occupation heavily intensified in the 1970s when forest losses began to raise worldwide concern. More roads continued to be built at a geometrically growing pace in every following decade, multiplying correlated deforestation and forest degradation. A no-return point was reached when interoceanic roads crossed the Brazilian-Andean border in the 2000s, exposing remaining safe havens for indigenous people and nature. It is commonly estimated that today no less than 18% of the forest has been substituted by agriculture and that over 60% of that remaining has been significantly degraded. Theories regarding the importance of biogeochemical cycles have been developed since the 1970s. The confirmation of the role of the Amazon as a carbon sink added some international pressure for its protection. But, in general, the many scientific discoveries regarding the Amazon have not helped to improve its conservation. Instead, a combination of new agricultural technologies, anthropocentric philosophies, and economic changes strongly promoted forest clearing. Since the 1980s and as of today Amazon conservation efforts have been increasingly diversified, covering five theoretically complementary strategies: (a) more, larger, and better-managed protected areas; (b) more and larger indigenous territories; (c) a series of “sustainable-use” options such as “community-based conservation,” sustainable forestry, and agroforestry; (d) financing of conservation through debt swaps and climate change’s related financial mechanisms; and (e) better legislation and monitoring. Only five small protected areas have existed in the Amazon since the early 1960s but, responding to the road-building boom of the 1970s, several larger patches aiming at conserving viable samples of biological diversity were set aside, principally in Brazil and Peru. Today around 22% of the Amazon is protected but almost half of such areas correspond to categories that allow human presence and resources exploitation, and there is no effective management. Another 28% or more pertains to indigenous people who may or may not conserve the forest. Both types of areas together cover over 45% of the Amazon. None of the strategies, either alone or in conjunction, have fully achieved their objectives, while development pressures and threats multiply as roads and deforestation continue relentlessly, with increasing funding by multilateral and national banks and due to the influence of transnational enterprises. The future is likely to see unprecedented agriculture expansion and corresponding intensification of deforestation and forest degradation even in protected areas and indigenous land. Additionally, the upper portion of the Amazon basin will be impacted by new, larger hydraulic works. Mining, formal as well as illegal, will increase and spread. Policymakers of Amazon countries still view the region as an area in which to expand conventional development while the South American population continues to be mostly indifferent to Amazon conservation.


2020 ◽  
Vol 2 (2) ◽  
pp. 99-117
Author(s):  
Ros Vickers

Natural resources law in Australia seeks to regulate, protect and conserve natural resources, while providing consideration to the economic value of projects and permit activities to occur. The same environmental laws apply to indigenous peoples as well as other members of the public in Australia. However the recognition of native title rights and sacred sites through legislation can acknowledge the special relationship that indigenous people have with the environment through traditional laws and customs. Indigenous people have a special relationship with their environment that does not easily fall within categories of western values of the environment, and for this reason there is often tension between the common law legal system and indigenous people. While there has been significant process working towards a more harmonious regulatory system of natural resources, there is still work to be done. This paper will outline the structure of indigenous rights impacting natural resource regulation in Australia, focusing on the Northern Territory, and will examine the origins of environmental law and indigenous rights


2019 ◽  
Vol 1 (2) ◽  
pp. 177-205
Author(s):  
Sartika Intaning Pradhani

Indigenous peoples are victims of agrarian conflict, but their existence are not recognized by Indonesia. Indonesia recognizes Adat Law Community, distinct community living in Indonesia according to their Adat Law, and their traditional right. This paper is written based on legal normative research to analyze right of Adat Law Community towards their land and territory; and rule of the court regarding right of Adat Law Community. Adat Law Community has strong relation with their land and territory, namely Ulayat Right which guaranteed in Constitution and regulated in various law and regulation, especially regarding natural resources. Recognition towards Ulayat Right held by Adat Law Community through regional law product is declaratory because it only confirms the exiting right. Court has prominent role to enforce right of Adat Law Community. Constitutional Court has revoked several provisions in law which neglect Ulayat Right of Adat Law Community, such as Adat Forest which defined as state forest located in Adat Law Community’s territory; and Right of Coastal Water which limits Ulayat Right of Adat Law Community to access natural resources in coastal area and small islands. Though Constitutional Court has strengthen right of Adat Law Community, this community still face difficulties to claim their right towards land and territory against government and investor before District Court, High Court, and Supreme Court because those Court more focus on formal legal certainty of Adat Law Community’s authorization towards their land and territory than factual authorization as narrated by the community.


2016 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Jantje Tjiptabudy ◽  
Revency Vania Rugebregt ◽  
S. S. Alfons ◽  
Adonia I. Laturette ◽  
Vica J. E. Saiya

On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licenses  natural resources management provided by the government to investors who want control over land in this  region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.


2016 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Jantje Tjiptabudy ◽  
Revency Vania Rugebregt ◽  
S. S. Alfons ◽  
Adonia I. Laturette ◽  
Vica J. E. Saiya

On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licenses  natural resources management provided by the government to investors who want control over land in this  region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.


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