Topical Issues of Improving Russian Statehood in the Field of Regulation of Legal Status of Small Indigenous Peoples

2020 ◽  
Author(s):  
Olga Anatolevna Avdeeva ◽  
Vadim Avdeevich Avdeev
Keyword(s):  
Indigenous Peoples ◽  
Legal Status

The repatriation of human remains – problem or opportunity?

Antiquity ◽  
2004 ◽  
Vol 78 (300) ◽  
pp. 404-413 ◽  
Author(s):  
Laurajane Smith
Keyword(s):  
New Zealand ◽  
North America ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Culture Media ◽  
Human Remains ◽  
Indigenous Communities ◽  
Publicly Funded ◽  
Cultural Groups ◽  
Historical Continuity

The editor’s question “who do human skeletons belong to?” (Antiquity 78: 5) can be answered positively, but it must be answered in context. The question was prompted by reports from the Working Group on Human Remains established by the British government’s Department for Culture, Media and Sport (DCMS) in 2001 to review the current legal status of human remains held in all publicly funded museums and galleries, and to consider and review submissions on the issue of the return of non-UK human remains to their descendent communities (DCMS 2003: 1-8). In effect, the report was primarily concerned with human remains from Indigenous communities, using a definition which follows the UN Draft Declaration on the Rights of Indigenous Peoples as “distinct cultural groups having a historical continuity with pre-colonial societies that developed on their territories” (DCMS 2003:7). Consequently, the report deals primarily with the Indigenous communities of Australia, New Zealand and North America.

Strategi Penyelesaian Pendaftaran Tanah Hak Komunal Masyarakat Hukum Adat Pandumaan-Sipituhuta

Tunas Agraria ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 45-69
Author(s):  
Ardi Saputra Sinaga ◽  
Julius Sembiring ◽  
Sukayadi Sukayadi
Keyword(s):  
Indigenous Peoples ◽  
Research Method ◽  
Legal Status ◽  
Land Rights ◽  
Customary Law ◽  
Legal Certainty ◽  
Land Registration ◽  
Communal Land ◽  
Community Strategy ◽  
Land Control

Abstract: Environment and Forestry Ministry established the reserve incense forest of the Pan-dumaan-Sipituhuta Customary Law Community as a customary forest. But in reality, it has not been guaranteed legal certainty regarding the existence and recognition of the rights of the Pan-dumaan-Sipituhuta Customary Law Community. The objective of this research is to know the le-gal status of Indigenous Peoples forest in Pandumaan-Sipituhuta Customary Law at this time, strategy of the land registration of communal right settlement, and constraint and effort done in the land registration of communal right settlement of Pandumaan-Sipituhuta Customary Law Community. This research uses qualitative research method with empirical juridical research form. Based on the results of the study showed that the legal status of the Indigenous Forests of Pandumaan-Sipituhuta Customary Law Society is currently reserved as customary forest of Pan-dumaan-Sipituhuta Customary Law Community. Strategy for resolving communal rights land registration in the incense forest of the Pandumaan-Sipituhuta Customary Law Community through four stages. First, recognition of the existence of the Pandumaan-Sipituhuta Customary Law Community. Secondly, the establishment of customary forests of the Pandumaan-Sipituhuta Customary Law Community by Environment and Forestry Ministry. Third, the Settlement of Land Control in Forest Areas is carried out in accordance with Presidential Regulation Number 88 of 2017 by issuing customary forests of the Pandumaan-Sipituhuta Customary Law Community from forest areas. Fourth, registration of communal land rights of Pandumaan-Sipituhuta Custom-ary Law Community.Keywords: strategy, communal rights, customary forestsIntisari: Kementerian Lingkungan Hidup dan Kehutanan (KLHK) menetapkan pencadangan hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta sebagai hutan adat. Tetapi kenyataannya, keadaan tersebut hingga saat ini dinilai belum menjamin kepastian hukum akan keberadaan dan pengakuan hak Masyarakat Hukum Adat Pandumaan-Sipituhuta. Tujuan dari penelitian ini untuk menjelaskan bagaimana strategi penyelesaian pendaftaran tanah hak komunal hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan yuridis empiris. Berdasarkan hasil penelitian menunjukan bahwa status hukum hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta saat ini dicadangkan sebagai hutan adat. Strategi penyelesaian pendaftaran tanah hak komunal hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta melalui empat tahapan. Pertama, pengakuan keberadaan Masyarakat Hukum Adat Pandumaan-Sipituhuta. Kedua, penetapan hutan adat Masyarakat Hukum Adat Pandumaan-Sipituhuta oleh KLHK. Ketiga, dilakukan Penyelesaian Penguasaan Tanah dalam Kawasan Hutan sesuai dengan Peraturan Presiden Nomor 88 Tahun 2017dengan cara mengeluarkan hutan adat Masyarakat Hukum Adat Pandumaan-Sipituhuta dari kawasan hutan. Keempat, pendaftaran tanah hak komunal Masyarakat Hukum Adat Pandumaan-Sipituhuta.Kata Kunci : strategi, hak komunal, hutan adat

scholarly journals Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»

2021 ◽  
pp. 132-142
Author(s):  
Anton Opanasenko
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
State Power ◽  
Self Determination ◽  
National Minority ◽  
Public Authorities ◽  
Collective Rights ◽  
The Law ◽  
Detailed Interpretation

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.

scholarly journals Incorporating Indigenous Nations into International Political Economy

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Rachel L. Wellhausen
Keyword(s):  
Political Economy ◽  
International Relations ◽  
Indigenous Peoples ◽  
Legal Status ◽  
International Political Economy ◽  
Theory Development ◽  
The Political ◽  
International Context ◽  
Indigenous Nations ◽  
Indian Nations

This comment elaborates on and extends the roundtable’s discussion by turning to the context of Indigenous peoples. Even setting aside normative motivations, expanded study of Indigenous peoples provides clear opportunities for theory development in international political economy and international relations more broadly. For example, the legal status of American Indian Nations’ 326 unique political jurisdictions can inform the political economy of marginalized identity groups in a non-Westphalian but nonetheless international context.

MASYARAKAT HUKUM ADAT PASKA PUTUSAN MAHKAMAH KONSTITUSI 35: ANTARA REKOGNISI DAN MARGINALISASI

2018 ◽  
Vol 18 (2) ◽  
pp. 123-132
Author(s):  
L.R Wibowo ◽  
M Budi Mulyawan ◽  
Yustina Ambarini M ◽  
Ismatul Hakim
Keyword(s):  
Indigenous Peoples ◽  
Legal Status ◽  
Profit Sharing ◽  
Forest Resources ◽  
Forest Industry ◽  
Cultural Relations ◽  
Land Area ◽  
West Kalimantan ◽  
Customary Land ◽  
The Right

The Kandayan Dayak  is one of the customary community (MHA) which has been hereditary living in the forest area of ​​West Kalimantan province. The Kandayan has rules and local wisdom in managing  natural resource  that have long been inspired by the ancestors, but their legal status of their residence and  customary land area overlaps with the area of ​​forest timber forest product utilization (UPHHK-HTI) and oil palm plantations. The uncertainty of the ulayat rights made the Kandayan customary  to move to areas outside the limited production forest controlled by UHHK-HTI. The limitations to access natural resources make these indigenous peoples have tocollaborate with local entrepreneur through  profit-sharing mechanism. Along with this partnerships,  they are losing the livelihood resources that have so far sustained their survival and  they are also uprooted from the bonds of cultural relations with their land. In other words their sovereignty over the right of forest resources becomes eroded by excessive capitalization by the modern forest industry

scholarly journals The legal status of indigenous peoples: past, present and future The legal status of indigenous peoples in Russia and foreign countries / ed. by A.V.ºMaly, S.V. Bukhmin, R. Sh. Garipova

2021 ◽  
pp. 260
Author(s):  
Alexey M. Osavelyuk
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Point Of View ◽  
National Legislation ◽  
Foreign Countries

The paper presents an analysis of the constitutional and legal status of indigenous small-numbered peoples and its features in Russia and foreign countries. Special attention is paid to the analysis of sources of international law and national legislation on this issue. The author's point of view on this problem is formulated.

scholarly journals Legal Person- or Agenthood of Artificial Intelligence Technologies

2020 ◽  
Vol 8 (2) ◽  
pp. 73-92
Author(s):  
Tanel Kerikmäe ◽  
◽  
Peeter Müürsepp ◽  
Henri Mart Pihl ◽  
Ondrej Ondrej Hamuľák ◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Homo Sapiens ◽  
Legal Person ◽  
Final Conclusion ◽  
Better Than

Artificial intelligence (AI) is developing rapidly. There are technologies available that fulfil several tasks better than humans can and even behave like humans to some extent. Thus, the situation prompts the question whether AI should be granted legal person- and/or agenthood? There have been similar situations in history where the legal status of slaves or indigenous peoples was discussed. Still, in those historical questions, the subjects under study were always natural persons, i.e., they were living beings belonging to the species Homo sapiens. We analyse the situation from moral-ethical and practical perspectives. The final conclusion is that the currently existing AIs are still so far removed from humans that there is simply no need to think seriously about legal person- or agenthood. Doing so would mean imposing obligations on the AI to follow. This, in turn, would mean that certain rights in relation to those obligations would have to be granted as well. By all evidence, this is something that humans are not ready to do yet and might never get that far.

The UN Declaration on the Rights of Indigenous Peoples

2018 ◽  
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Legal Norms ◽  
Collective Rights ◽  
Substantive Content ◽  
The United Nations ◽  
United Nations Declaration ◽  
The Individual

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This commentary on the Declaration analyses both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status, and also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles.

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