scholarly journals Resisting Invasions: Indigenous Peoples and Land Rights Battles in Mabo and Terra Vermelha

2016 ◽  
Vol 69 (2) ◽  
pp. 151
Author(s):  
Aline Frey
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
Land Ownership ◽  
Self Determination ◽  
Environmental Preservation ◽  
Feature Films ◽  
Indigenous Nations ◽  
Indigenous Group ◽  
Legal Battle ◽  
Indigenous Land

http://dx.doi.org/10.5007/2175-8026.2016v69n2p151This article examines two feature films, focusing on the link between Indigenous cinema, environmental preservation and land rights. The first film is Mabo (2012) directed by Aboriginal filmmaker Rachel Perkins. It centres on a man’ legal battle for recognition of Indigenous land’ ownership in Australia. The second film is Terra Vermelha (Birdwatchers, Marco Bechis, 2008), which centres on the violence endured by a contemporary Brazilian Indigenous group attempting to reclaim their traditional lands occupied by agribusiness barons. Based on comparative analysis of Mabo and Terra Vermelha, this article discusses the similar challenges faced by Indigenous nations in these two countries, especially the colonial dispossession of their ancestral territories and the postcolonial obstacles to reclaim and exercise self-determination over them.

Indigenous Planning: From Forced Assimilation to Self-determination

2021 ◽  
pp. 088541222110266
Author(s):  
Michael Hibbard
Keyword(s):  
Indigenous Peoples ◽  
Settler Colonialism ◽  
Land Rights ◽  
Self Determination ◽  
Indigenous Cultures ◽  
Indigenous Planning ◽  
Indigenous Land Rights ◽  
Indigenous Land

Interest in Indigenous planning has blossomed in recent years, particularly as it relates to the Indigenous response to settler colonialism. Driven by land and resource hunger, settler states strove to extinguish Indigenous land rights and ultimately to destroy Indigenous cultures. However, Indigenous peoples have persisted. This article draws on the literature to examine the resistance of Indigenous peoples to settler colonialism, their resilience, and the resurgence of Indigenous planning as a vehicle for Indigenous peoples to determine their own fate and to enact their own conceptions of self-determination and self-governance.

Regaining Ground

2021 ◽  
Author(s):  
Peter H. Herlihy ◽  
Matthew L. Fahrenbruch ◽  
Taylor A. Tappan
Keyword(s):  
Central America ◽  
Indigenous Peoples ◽  
Land Ownership ◽  
First Century ◽  
Indigenous Populations ◽  
Archaeological Research ◽  
Demographic Trends ◽  
New Strategies ◽  
Indigenous Land

This chapter describes the geographies of indigenous populations and their territories in Central America, past and present. A brief discussion of previous archaeological research provides a context for the region’s pre-Columbian populations and settlement distributions prior to an examination of the territorial and demographic collapse precipitated by European conquest. The chapter chronicles a twenty-first-century resurgence of indigenous populations and their territorial rights in Central America, including the emergence of geopolitical units that we call indigenous territorial jurisdictions (ITJs), the likes of which represent new strategies for accommodating indigenous land ownership and governance within the context of modern states. Archival and census research, in situ field experience, and geographic information system (GIS)-based land use and cadastral mapping inform the understanding of indigenous peoples’ past and contemporary demographic trends, settlement patterns, and territorial challenges.

19. Indigenous Peoples’ Human Rights

2016 ◽  
Author(s):  
Paul Havemann
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Indigenous Peoples ◽  
Self Determination ◽  
State Sovereignty ◽  
Group Rights ◽  
Indigenous Group ◽  
The Right ◽  
The Impact

This chapter examines issues surrounding the human rights of Indigenous peoples. The conceptual framework for this chapter is informed by three broad, interrelated, and interdependent types of human rights: the right to existence, the right to self-determination, and individual human rights. After describing who Indigenous peoples are according to international law, the chapter considers the centuries of ambivalence about the recognition of Indigenous peoples. It then discusses the United Nations's establishment of a regime for Indigenous group rights and presents a case study of the impact of climate change on Indigenous peoples. It concludes with a reflection on the possibility of accommodating Indigenous peoples' self-determination with state sovereignty.

Part II Group Identity, Self-Determination, and Relations with States, Ch.6 The UNDRIP and the Rights of Indigenous Peoples to Existence, Cultural Integrity and Identity, and Non-Assimilation: Articles 7(2), 8, and 43

2018 ◽  
Author(s):  
Hohmann Jessie
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Well Being ◽  
Self Determination ◽  
Cultural Survival ◽  
Cultural Integrity ◽  
Indigenous Group ◽  
United Nations Declaration ◽  
Cultural Entities

This chapter focuses on the rights to identity, existence, and non-assimilation in Articles 7(2), 8, and 43, which together enshrine rights to the protection of indigenous peoples' continued survival and existence, both physically as individuals and as cultural entities in accordance with levels of human dignity and well-being. Indigenous peoples pressed for the inclusion of such principles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the recognition that pre-existing international, regional, and national laws had failed to protect their survival as communities with distinct cultures, or recognise them as distinct peoples. The three provisions studied in this chapter reflect this central concern of indigenous group/cultural survival and flourishing as peoples. As such, the final agreed text of Articles 7(2), 8, and 43 must be seen as containing norms aimed at the development of existing international law, which would protect and confirm indigenous collectivities in ways not currently recognised or only now emerging.

scholarly journals Everyday Indigenous resurgence during COVID-19: a social media situation report

2020 ◽  
Vol 16 (4) ◽  
pp. 403-405
Author(s):  
Jeff Corntassel ◽  
Robynne Edgar ◽  
Renée Monchalin ◽  
Carey Newman
Keyword(s):  
Social Media ◽  
Health Outcomes ◽  
Food Insecurity ◽  
Indigenous Peoples ◽  
Lived Experiences ◽  
Adverse Health ◽  
Adverse Health Outcomes ◽  
Indigenous Nations ◽  
The Usa ◽  
Indigenous Land

For Indigenous Nations on Turtle Island (Canada and the USA), the onset of COVID-19 has exacerbated food insecurity and adverse health outcomes. This situation report examines ways that Indigenous peoples on Turtle Island have met the challenges of the pandemic in their communities and their daily practices of community resurgence through social media. Drawing on the lived experiences of four Indigenous land-based practitioners, we found that social media can offer new forms of connection for Indigenous peoples relating to our foods, lands, waterways, languages, and our living histories.

Recent Books on Human Rights and Groups Review Essays International Law and the Evolution of Indigenous Rights

2008 ◽  
Vol 15 (1) ◽  
pp. 117-131
Author(s):  
Stephen Allen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Land Rights ◽  
Self Determination ◽  
Critical Stage ◽  
Conditions Of Possibility ◽  
Supranational Level

AbstractThe recent adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples has reinvigorated the discourse on indigenous rights. This essay reviews three books – Xanthaki's Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land; Gilbert's Indigenous Peoples' Land Rights Under International Law: From Victims to Actors; and Rodriguez-Pinero's Indigenous Peoples, Postcolonialism and International Law: The ILO Regime (1919–1989) – that illustrate the way in which indigenous rights have evolved at the supranational level. Moreover, in their different ways, these important books highlight the conditions of possibility for indigenous peoples at a critical stage in the development of indigenous rights in international law.

scholarly journals Indigenous Title and its Contextual Economic Implications: Lessons for International Law From Canada’s Tsilhqot’in Decision

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 215-219 ◽  
Author(s):  
Dwight Newman
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Land Rights ◽  
Supreme Court Of Canada ◽  
Economic Implications ◽  
The Supreme Court ◽  
Indigenous Land Rights ◽  
International Instruments ◽  
Indigenous Land

International law on the rights of Indigenous peoples has developed rapidly in recent decades. In the latest phase of this development, international instruments on the rights of Indigenous peoples have increasingly offered universalized statements. However, the reality remains that the implementation of Indigenous rights must take place in particular circumstances in particular states. The form of domestic implementation of Indigenous rights may or may not connect closely to international law statements on these rights, and there may be good reasons for that. This essay takes up a particular example of Indigenous land rights and a significant recent development on land rights in the Supreme Court of Canada.

scholarly journals Diamond Mining in Denendeh: Colonial Natural Resource Extraction and Indigenous Peoples in Canada’s Northwest Territories

2018 ◽  
Vol 3 (1) ◽  
pp. 37-44
Author(s):  
Julia Werkman
Keyword(s):  
Northwest Territories ◽  
Indigenous Peoples ◽  
Settler Colonialism ◽  
Self Determination ◽  
Reciprocal Relationships ◽  
Natural Resource Extraction ◽  
Diamond Mining ◽  
National Economies ◽  
Colonial Frontier ◽  
Indigenous Land

Diamond mining is a rapidly developing industry, with an immensely large presence in Canada's Northwest Territories (NWT) with two currently functioning mines. Since the opening of the first mine in NWT in 1998, the Canadian federal government has viewed diamond production as 'essential' to both the territorial and national economies, frequently highlighting the benefits of diamond production. Entrenched in colonial language, the very existence of diamond mines in operation within NWT violate teachings, values, and the time honoured reciprocal relationships with the land held by Indigenous peoples across the territory. In problematizing this relationship, this paper employs the theories of Glen Coulthard's work For the Land: The Dene Nation's Struggle for Self- Determination, and examines the ways in which the operation of diamond mines exist as strongholds of settler-colonialism while simultaneously seeking to 'modernise' Canada's North. This is achieved through an exploration of Indigenous land relationships, the false beneficiary nature of diamond mine corporations, and finally the homeland vs. colonial frontier dichotomy.

Indigenous Land Disputes and Law Reform in India: Lessons for Malaysia

2015 ◽  
Vol 23 (2) ◽  
Author(s):  
Izawati Wook
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
Law Reform ◽  
Comparative Approach ◽  
Practical Applications ◽  
Land Disputes ◽  
Indigenous Land Rights ◽  
New Perspective ◽  
Forest Lands ◽  
Indigenous Land

Disputes on indigenous land rights are a continuing issue in Malaysia which needs to be addressed. Apart from the common law recognition of the land rights of the indigenous peoples, they are increasingly and widely recognised, both, under national and international laws as a stakeholder in the natural resources located within their areas. Since 1992, there has been a dramatic increase in legislation around the world recognising the rights of indigenous peoples and communities to forest lands and resources. An interesting law reform exercise has taken place in India with the introduction of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA) to address the claim of the indigenous peoples to forest resources. India is relevant as a comparison to Malaysia as both share some common political and legal features. Using a comparative approach, this article analyses processes and mechanisms adopted in the relevant law reform in India and its relevance to Malaysia. Comparative perspectives provide models for practical applications of indigenous peoples’ rights. These will assist policy analysis through learning from the successes and failures of other jurisdictions in improving legal reform. This article provides a new perspective in addressing the issue of land disputes involving the indigenous peoples in Malaysia which is significant to the policy and law reform on this issue. 

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