scholarly journals Customary Law of Indigenous Communities: Making Space on the Global Environmental Stage

2020 ◽  
pp. 77
Author(s):  
Melissa Tatum
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Customary Law ◽  
Way Of Life ◽  
Dominant Culture ◽  
High Stakes ◽  
Global Environmental ◽  
The Face ◽  
International Legal System ◽  
Corporate Social

The high stakes often involved in controversies regarding who owns valuable natural resources and who has the authority to regulate environmental contaminants have resulted in fierce legal battles and struggles to establish and define international principles of law. Grand theoretical debates have played out on the international stage regarding the principle of free, prior, and informed consent and the legal contours of corporate social responsibility. Meanwhile, often under the radar, Indigenous people around the world have worked to create a sustained niche for their community and culture in the face of exploitation and environmental devastation at the hands of the dominant culture. Working both within and outside of formal legal systems, Indigenous communities have consciously stayed rooted in their customary law and traditions to address the biggest challenges facing their way of life. As the beginning of an effort to study these approaches more thoroughly, this article sets forth a taxonomy for classifying different uses of the customary law of Indigenous peoples. A taxonomy will provide a common language for identifying and discussing these efforts and how they fit into a multicultural, international legal system.

John Eliot, John Veniaminov, and Christian engagement with the indigenous peoples of North America: A comparative missiology

2020 ◽  
pp. 009182961988717
Author(s):  
Joseph William Black
Keyword(s):  
Native Americans ◽  
North America ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Colonial History ◽  
Early American ◽  
The Bible ◽  
John Eliot ◽  
The Face ◽  
Christian Literature

John Eliot was the 17th-century settler Puritan clergyman who sought to engage his Wampanoag neighbors with the Christian gospel, eventually learning their language, winning converts, establishing schools, translating the Bible and other Christian literature, even establishing villages of converted native Americans, before everything was wiped out in the violence of the King Philip War. John Eliot is all but forgotten outside the narrow debates of early American colonial history, though he was one of the first Protestants to attempt to engage his indigenous neighbors with the gospel. John Veniaminov was a Russian Orthodox priest from Siberia who felt called to bring Christianity to the indigenous Aleut and Tinglit peoples of island and mainland Alaska. He learned their languages, established schools, gathered worshiping communities, and translated the liturgies and Christian literature into their languages. Even in the face of later American persecution and marginalization, Orthodoxy in the indigenous communities of Alaska remains a vital and under-acknowledged Christian presence. Later made a bishop (Innocent) and then elected the Metropolitan of Moscow, Fr. John (now St. Innocent) is lionized in the Russian Church but almost unknown outside its scope, even in Orthodox circles. This article examines the ministries of these men, separated by time and traditions, and yet working in similar conditions among the indigenous peoples of North America, to learn something of both their missionary motivation and their methodology.

scholarly journals Towards Understanding Benefit Sharing between Extractive Industries and Indigenous/Local Communities in the Arctic

Resources ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 48 ◽  
Author(s):  
Maria S. Tysiachniouk ◽  
Andrey N. Petrov ◽  
Violetta Gassiy
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Local Communities ◽  
Extractive Industries ◽  
Benefit Sharing ◽  
The Arctic ◽  
Arctic Regions ◽  
Compensation Mechanisms ◽  
Corporate Social ◽  
Industrial Resource

The aim of this Special Issue is to provide a comprehensive view of the benefit sharing and compensation mechanisms for the Indigenous Peoples and local communities in the Arctic and sub-Arctic regions due to industrial resource extraction. The papers cover the following topics: (1) Benefit-sharing frameworks in the Arctic. (2) Corporate social responsibility standards and benefit sharing by extractive industries in the Arctic. (3) Benefit sharing and international and national legislation. (4) The practice of implementing legislation to support Indigenous and local interests. (5) The methodologies for assessing compensation to Indigenous communities from extractive industries.

Defiant Indigeneity

2018 ◽  
Author(s):  
Stephanie Nohelani Teves
Keyword(s):  
Twentieth Century ◽  
Popular Culture ◽  
Indigenous Peoples ◽  
Native Hawaiian ◽  
Settler Colonialism ◽  
Indigenous Communities ◽  
Kanaka Maoli ◽  
The Face ◽  
Hawaiian Literature ◽  
The Way

"Aloha" is at once the most significant and the most misunderstood word in the Indigenous Hawaiian lexicon. For Kānaka Maoli people, the concept of "aloha" is a representation and articulation of their identity, despite its misappropriation and commandeering by non-Native audiences in the form of things like the "hula girl" of popular culture. Considering the way aloha is embodied, performed, and interpreted in Native Hawaiian literature, music, plays, dance, drag performance, and even ghost tours from the twentieth century to the present, Stephanie Nohelani Teves shows that misunderstanding of the concept by non-Native audiences has not prevented the Kānaka Maoli from using it to create and empower community and articulate its distinct Indigenous meaning. While Native Hawaiian artists, activists, scholars, and other performers have labored to educate diverse publics about the complexity of Indigenous Hawaiian identity, ongoing acts of violence against Indigenous communities have undermined these efforts. In this multidisciplinary work, Teves argues that Indigenous peoples must continue to embrace the performance of their identities in the face of this violence in order to challenge settler-colonialism and its efforts to contain and commodify Hawaiian Indigeneity.

scholarly journals Indigenous Participation and the Incorporation of Indigenous Knowledge and Perspectives in Global Environmental Governance Forums: a Systematic Review

2021 ◽  
Author(s):  
Melanie Zurba ◽  
Anastasia Papadopoulos
Keyword(s):  
Systematic Review ◽  
Indigenous Peoples ◽  
Environmental Governance ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Convention On Biological Diversity ◽  
Future Research ◽  
Global Environmental Governance ◽  
Global Environmental ◽  
Indigenous Participation

AbstractGlobal environmental governance (GEG) forums, such as those convened through the United Nations, result in the development of monumental guiding frameworks such as the Sustainable Development Goals (SDGs) and the Convention on Biological Diversity (CBD) Conference of Parties (COPs) Aichi and post-2020 targets. The ratification of policy frameworks by member and/or signatory states can result in major shifts in environmental policy and decision-making and has major implications for Indigenous communities. In this article, we present systematic review of the peer-reviewed literature on Indigenous participation in GEG forums, and focus on the specific questions: (1) what GEG forums include Indigenous participation and (2) how do Indigenous peoples participate in GEG forums, including how their perspectives and knowledges are framed and/or included/excluded within governance discussions, decisions, and negotiations. We provide a bibliometric analysis of the articles and derive seven inductively determined themes from our review: (1) Critical governance forums and decisions; (2) inclusion and exclusion of Indigenous voices and knowledge in GEG forums; (3) capacity barriers; (4) knowledge hierarchies: inclusion, integration, and bridging; (5) representation and grouping of Indigenous peoples in GEG; (6) need for networks among and between Indigenous peoples and other governance actors; and (7) Indigenous peoples influence on GEG decisions and processes. Our findings can be used to improve GEG forums by contributing to the development strategies that address the barriers and inequities to meaningful and beneficial Indigenous participation and can contribute to future research that is focused on understanding the experiences of Indigenous peoples within GEG forums.

scholarly journals Recognition of Customary Law and Institutions and Community Protocols of Indigenous People in Domestic ABS Legislation or Policies in Accordance with the Provisions of Nagoya Protocol

2018 ◽  
Vol 5 (2) ◽  
pp. 67-82
Author(s):  
Hasrat Arjjumend
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Sustainable Use ◽  
Indigenous Communities ◽  
Local Communities ◽  
Customary Law ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Customary Laws

The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of Indigenous people and local communities in accordance with United Nations Declaration of Rights of Indigenous People. The Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the customary laws & institutions and community protocols of Indigenous peoples and local communities (ILCs). Within the ambit of contemporary debates encompassing Indigenous peoples’ right to self-determination, this paper examines the effectiveness of international law (i.e. Nagoya Protocol) to influence existing or evolving domestic laws, policies or administrative measures of Parties on access and benefit sharing. Through opinion surveys of Indigenous organizations and national authorities of CBD’s Parties, the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for rights of Indigenous communities are too inadequate to effectively implement the statutory provisions related to customary laws & institutions and community protocols, as envisaged in Nagoya Protocol. As the bio-cultural rights of Indigenous people are key to conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS laws into domestic policies.

scholarly journals AN OVERVIEW OF THE LAND DEVELOPMENT ISSUES RELATED TO INDIGENOUS PEOPLES IN MALAYSIA

2021 ◽  
Vol 6 (26) ◽  
pp. 111-120
Author(s):  
Kelvin Celesistinus ◽  
Siti Radiaton Adawiyah Zakaria
Keyword(s):  
Quality Of Life ◽  
Indigenous Peoples ◽  
Land Development ◽  
Indigenous Communities ◽  
Indigenous Community ◽  
Way Of Life ◽  
The Government ◽  
The Impact ◽  
The Way

Given that the way of life of indigenous peoples is usually associated with low living standards, the government has an important role to play in ensuring that the gap between indigenous and non-indigenous communities is narrowed. Unfortunately, as the program to improve the quality of life of indigenous communities has been widely implemented across the country, tension has begun to escalate among the indigenous community on the real motive of the program. Government policy objectives to assimilate indigenous communities into mainstream society leave little scope for indigenous groups to pursue their own life projects. Several studies have reported that the development of the government within traditional indigenous lands has caused conflict between the developer and the indigenous community. This situation has caused the indigenous people to bear the consequences of losing their traditional land, which is very important to reflect their identity. The aim of this paper is therefore to examine the current issues related to the land development initiative on the way of life of indigenous peoples in Malaysia. Documents search from published and unpublished material is used for this paper and a guide with a set of settings five years prior. The findings of this paper show that the development of the government in indigenous traditional lands has disrupted the traditional way of life, leading to multiple adverse effects on the community and the environment. In other words, the core of the indigenous people's struggle to this date is therefore concentrated in their involvement in making decisions in any development proposed to enhance their quality of life. Apart from that, the perspective of land development between the government and the indigenous peoples is quite different from one another. In conclusion, it is important to elicit knowledge and opinion from both indigenous peoples and government agencies to ensure the impact of land development activities can be minimized and implemented appropriately.

scholarly journals ANALISIS YURIDIS TERHADAP LARANGAN PERKAWINAN MASYARAKAT ADAT

2020 ◽  
Vol 16 (2) ◽  
pp. 247-258
Author(s):  
Ferry Irawan Febriansyah ◽  
Anwar Sanusi
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Customary Law ◽  
Legal Analysis ◽  
Social Phenomena ◽  
Positive Law ◽  
The People ◽  
Legal Position ◽  
The Times ◽  
Modern Era

AbstractThe purpose of this study is to discuss customary law in the Mirah and Golan areas precisely in Ponorogo district which has its own uniqueness, namely the existence of a marriage ban between the two regions. This ban by some people has become polemic as the times have begun to fade to recognize the existence of customary law. However, this customary rule is still recognized by both the Mirah and Golan communities. Therefore, legal analysis is needed, which is to compare traditional law with existing national law so that there is no gap between customary law and national law. This study has many differences with previous studies related to the prohibition of marriage. The prohibition of customary marriages in this study involved both the Mirah and Golan areas which became customary law that is believed up to now by indigenous peoples. This study uses empirical legal research that is studying and examining social phenomena in society related to marriage and then analyzed juridically. In the discussion it was stated that the customary law regarding the prohibition of marriage of the Mirah and Golan communities is a traditional tradition that has been traditionally implemented by the two regions to date. The development of an increasingly modern era becomes a polemic in addressing these problems. The data that was examined empirically was believed by the community as customary law, namely the Mirah and Golan communities were prohibited from conducting marriages. If this is violated, it will lead to negative sanctions in the form of mystical events that cannot be accepted by reason. The prohibition of marriage between the people in the two regions of Mirah and Golan has indeed taken place since their ancestors in the form of the words of Ki Hanggolono, which has become customary law adopted until now. The relevance of positive law to customary law is very close and complementary to each other, so that the legal position has the same recognition in indigenous communities as long as there is no legal gap.Keywords: custom; law; marriage   AbstrakTujuan penelitian ini adalah membahas tentang hukum adat di wilayah Mirah dan Golan tepatnya di kabupaten Ponorogo yang memiliki keunikan tersendiri yaitu adanya larangan perkawinan antara kedua wilayah tersebut. Larangan ini oleh sebagian masyarakat menjadi polemik seiring perkembangan jaman yang sudah mulai pudar untuk mengakui keberadaan hukum adat. Akan tetapi, aturan adat ini tetap diakui oleh kedua masyarakat Mirah dan Golan. Oleh sebab itu, dibutuhkan analisis hukum yaitu membandingkan antara hukum adat dengan hukum nasional yang telah ada sehingga hukum adat dan hukum nasional tidak ada kesenjangan. Penelitian ini banyak memiliki perbedaan dengan penelitian terdahulu terkait larangan perkawinan. Larangan perkawinan adat dalam penelitian ini melibatkan kedua wilayah Mirah dan Golan yang menjadi hukum adat yang diyakini sampai sekarang oleh masyarakat adat. Penelitian ini menggunakan penelitian hukum empiris yaitu mengkaji dan meneliti gejala sosial di dalam masyarakat terkait dengan perkawinan kemudian dianalisa secara yuridis. Pada pembahasan dikemukakan bahwa hukum adat tentang larangan perkawinan masyarakat Mirah dan Golan merupakan tradisi adat yang secara turun temurun dilaksanakan oleh kedua wilayah tersebut sampai saat ini. Perkembangan jaman yang semakin modern menjadi polemik dalam menyikapi permasalahan tersebut. Data yang dikaji secara empiris diyakini oleh masyarakat sebagai hukum adat yaitu masyarakat Mirah dan Golan dilarang melangsungkan perkawinan. Jika hal ini dilanggar, maka akan menimbulkan sanksi yang negatif berupa kejadian mistis yang tidak dapat diterima oleh akal. Larangan perkawinan antara masyarakat di kedua wilayah Mirah dan Golan memang sudah terjadi sejak nenek moyang mereka yang berupa Sabda Ki Hanggolono yang telah menjadi hukum adat yang diaptuhi hingga sekarang. Relevansi hukum positif dengan hukum adat sangat erat dan saling melengkapi satu sama lain, sehingga kedudukan hukum memiliki pengakuan yang sama di dalam masyarakat adat selama tidak terjadi kesenjangan hukum.Kata kunci: adat; hukum; perkawinan     

scholarly journals Utilizing Photovoice to Support Indigenous Accounts of Environmental Change and Injustice

Genealogy ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 51 ◽  
Author(s):  
Felicia M. Mitchell ◽  
Shanondora Billiot ◽  
Stephanie Lechuga-Peña
Keyword(s):  
Environmental Change ◽  
Indigenous Peoples ◽  
Environmental Changes ◽  
Indigenous Communities ◽  
Limited Resources ◽  
Indigenous Groups ◽  
Ecological Changes ◽  
Global Environmental ◽  
Cultural Connections ◽  
Global Environmental Changes

Global environmental changes can happen quickly or over extended periods and have compounding effects. Indigenous communities experience environmental changes that can lead to a decline in quality of life, illness or disease, and unwelcome cultural adaptations that extend to future generations. Due to limited resources and political marginalization, members of these communities may not be able to respond to or prevent these conditions. Cultural connections to the land and community, along with limited resources, impact Indigenous peoples’ willingness and ability to relocate to different geographic locations experiencing less damaging ecological changes or environmental risk. In this article, we respond to the Special Issue prompt probing “[m]ethods in which Indigenous communities engage within their environment and on the land to conduct research”. We begin by describing environmental change, followed by a scoping review of Photovoice studies focused on environmental issues. Environmental changes affecting Indigenous groups are discussed, including a case study and a discussion of the ways that Photovoice can support and honor Indigenous peoples’ connection to the natural environment. This article is not intended to be an exhaustive review, but rather seeks to understand how Photovoice is being used to respond to and document environmental change, and how such visual methodologies can be used in Indigenous communities.

Mobility and Territorial Occupation of the Asurini do Xingu, Pará, Brazil: An Archaeology of the Recent Past in the Amazon

2015 ◽  
Vol 26 (4) ◽  
pp. 493-511 ◽  
Author(s):  
Fabíola Andréa Silva ◽  
Francisco Silva Noelli
Keyword(s):  
Indigenous Peoples ◽  
Group Living ◽  
Amazon Rainforest ◽  
Recent Past ◽  
Way Of Life ◽  
Xingu River ◽  
Indigenous Group ◽  
Social Domination ◽  
The Face ◽  
Nineteenth And Twentieth Centuries

In recent decades, archaeology has provided evidence of the diverse nature of colonialism as well as of the specific local histories associated with this globalizing process. Archaelogists have also investigated the strategies of interaction and resistance adopted by indigenous peoples when faced with attempts at economic, political, and social domination. This article presents data about the dynamics of mobility and territorial occupation in the nineteenth and twentieth centuries of the Asurini do Xingu, an indigenous group living on the middle Xingu River in the Amazon rainforest, in the southern portion of the Brazilian state of Pará. We show that these dynamics represent a conscious and strategic choice by the Asurini to preserve their way of life in the face of colonialism and the expansion of capitalism.

scholarly journals PENGAKUAN HUKUM TERHADAP HAK ULAYAT MASYARAKAT HUKUM ADAT

to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 183
Author(s):  
Hidayat Hidayat
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The State ◽  
Customary Law ◽  
National Scale ◽  
Communal Land ◽  
Customary Rights ◽  
Agrarian Law

Recognition of the existence of customary rights by Article 3 of the Basic Agrarian Law is a natural thing, because along with the customary rights of indigenous communities have existed before the formation of the state of Republic Indonesia. However, many cases of communal land which arise in the regional and national scale, will never obtain settlement completely without any objective criteria necessary as a benchmark determinants of the existence of customary rights and their implementation. Criteria for deciding about the existence of customary rights is composed of three elements, namely the existence of a particular customary law community, the presence of certain customary rights into the environment and the purpose of taking the lives of indigenous people, and the existence of customary law regarding the maintenance of order, control and use lands which apply and be adhered to by the indigenous peoples. Metode of reserach is juridis normative. The results of reaserach shows that there is no regulatory of customary right, and the rule is still from the society. The rule of customary right can be gap to customary rights, in fact lowest.Kata Kunci : Pengakuan hukum, Hak ulayat Masyarakat Hukum Adat

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