Implementing free prior and informed consent: the United Nations Declaration on the Rights of Indigenous Peoples (2007), the challenges of REDD+ and the case for the precautionary principle

2020 ◽  
pp. 86-102
Author(s):  
Malayna Raftopoulos ◽  
Damien Short
Keyword(s):  
Informed Consent ◽  
United Nations ◽  
Indigenous Peoples ◽  
Precautionary Principle ◽  
The Precautionary Principle ◽  
The United Nations ◽  
United Nations Declaration

Interpreting fpic in undrip

2020 ◽  
Vol 27 (2) ◽  
pp. 233-250 ◽  
Author(s):  
Dwight Newman
Keyword(s):  
Informed Consent ◽  
United Nations ◽  
Indigenous Peoples ◽  
General Assembly ◽  
Sustainable Implementation ◽  
Treaty Interpretation ◽  
The United Nations ◽  
United Nations Declaration ◽  
Over Time

This article discusses the divergent interpretations of what the free, prior, and informed consent (fpic) provisions in the United Nations Declaration on the Rights of Indigenous Peoples (undrip) mean, showing how textual and purposive interpretations end up with different positions. The article engages more broadly with the appropriate approach to interpretation of General Assembly resolutions and argues that undrip is within a particular category that are more treaty-like in character and to which principles of treaty interpretation should be applied. The application of those principles supports both divergent interpretations but calls for them to be combined in light of other interpretive factors, all of which have the potential to continue shifting over time. Within the context of undrip interpretation having received much less direct attention than it should, the article seeks to contribute to ongoing conversations on how to interpret undrip in ways that support a sustainable implementation of fpic.

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.

Unsettling the taken (for granted)

2019 ◽  
Vol 44 (2) ◽  
pp. 193-215 ◽  
Author(s):  
Richard Howitt
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Settler Societies ◽  
The United Nations ◽  
United Nations Declaration ◽  
Indigenous Geographies ◽  
New Instruments

Histories of colonial plunder produced geographies that settler societies take for granted as settled. While some aspects of the conqueror/settler imaginary have been unsettled in specific cases, and through the negotiation of new instruments such as the United Nations Declaration on the Rights of Indigenous Peoples, various national apologies and modern treaties, much unsettling remains to be done. New geographies of plunder, violence and abuse reinstate geographies of various kleptocracies across the planet, reinforcing the unnatural disasters of displacement, disfigurement and loss on many people, places and communities. This paper uses the framing offered by emergent discourses of Indigenous geographies to reconsider the task of unsettling the taken-for-granted privilege of settler dominance in Indigenous domains.

scholarly journals UNDER THE COVER OF COVID: New Laws in Asia Favor Business at the Cost of Indigenous Peoples’ and Local Communities’ Land and Territorial Rights

2020 ◽  
Author(s):  
◽  
◽  
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
National Level ◽  
The Philippines ◽  
Local Communities ◽  
Human Environment ◽  
Territorial Rights ◽  
The United Nations ◽  
United Nations Declaration ◽  
The Cost

This brief discusses legislative developments during COVID-19 in India, Indonesia, and the Philippines that undermine sustainable human-environment interactions and IPs’ and LCs’ broader enjoyment of their rights over their customary territories. While India, Indonesia and the Philippines have yet to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169) (ILO 169), all three countries have ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Each of these countries has also promoted national-level tenure reforms over lands and forests, though their implementation has been weak.

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