scholarly journals From Community Autonomy in Hungary to Indigenous Self-Determination in the Outback of Australia: Can Non-Territorial Autonomy Find Traction Down Under?

2021 ◽  
Vol 20 (2) ◽  
pp. 1-32
Author(s):  
Bertus de Villiers

Hungary has, during the past three decades, developed what could arguably be described as one of the most advanced institutional systems of non-territorial autonomy in the world. Being so advanced does not of course mean the system is perfect or beyond criticism. But it does provide potentially useful insights into how non-territorial autonomy can or cannot work in practice. This article reflects on the institutional design of Hungary and asks whether principles can be identified that may be employed by indigenous groups in Australia and beyond in their search for a form of self-government. The theory and practice of non-territorial autonomy has so far been the focus of experts predominately from Central and Eastern Europe and the Russian Federation. This article considers whether any insight can be gained to apply the principles of non-territorial autonomy to other jurisdictions. The institutional design in place in Hungary may offer useful insight into how indigenous communities, particular some Aboriginal communities in Australia, may be bestowed with legal powers as a community to make decisions of a cultural and linguistic nature and to cooperate via the legal entity with local and state authorities. The United Nations Declaration on the Rights of Indigenous Peoples refers to selfdetermination and autonomy without placing those terms into a specific set of institutional arrangements. Whereas non-territorial autonomy may not be suitable for all communities, this article contends that non-territorial arrangements may offer an opportunity for self-government to indigenous (and other) communities that share a strong sense of identity; that do not have a geographical base where they constitute the majority; and where a communal desire for a form of self-government in public law exists.

Genealogy ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 52
Author(s):  
Bronwyn Carlson ◽  
Tristan Kennedy

Social media is a highly valuable site for Indigenous people to express their identities and to engage with other Indigenous people, events, conversations, and debates. While the role of social media for Indigenous peoples is highly valued for public articulations of identity, it is not without peril. Drawing on the authors’ recent mixed-methods research in Australian Indigenous communities, this paper presents an insight into Indigenous peoples’ experiences of cultivating individual and collective identities on social media platforms. The findings suggest that Indigenous peoples are well aware of the intricacies of navigating a digital environment that exhibits persistent colonial attempts at the subjugation of Indigenous identities. We conclude that, while social media remains perilous, Indigenous people are harnessing online platforms for their own ends, for the reinforcement of selfhood, for identifying and being identified and, as a vehicle for humour and subversion.


Author(s):  
van Genugten Willem ◽  
Lenzerini Federico

This chapter discusses Articles 37–42, considering legal implementation and international cooperation and assistance. Article 37 recognizes that treaties, agreements, and other constructive arrangements between States and indigenous populations reflect legally important entitlements that have to be honoured by applying the standards of modern treaty law, while taking into consideration the facts of cases at hand and later developments, and including the interests of other parties than the original ones. In addition, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) might be a declaration ‘only’, but it cannot be simply considered as ‘just another’ non-binding argument. Large parts of Articles 37–42 — particularly Article 37, relating to the right that treaties concluded with indigenous peoples are honoured and respected by States, and Article 40, proclaiming the right of indigenous communities to access to justice and to remedies — do have customary international law character, while other parts also reflect more than moral or political commitments ‘only’.


Land ◽  
2019 ◽  
Vol 8 (1) ◽  
pp. 10 ◽  
Author(s):  
Melanie Zurba ◽  
Karen Beazley ◽  
Emilie English ◽  
Johanna Buchmann-Duck

This article provides analysis of the issues relating to movement towards new models for Indigenous-led conservation in light of Canada’s initiatives for greater protected areas representation through Target 1. We provide a background on Canada’s Pathway to Target 1, which is based on Target 11 from the Aichi Biodiversity Targets set forth by the Convention on Biological Diversity (CBD). We contemplate the past, present and future of colonization and reconciliation in Canada, and consider the influence of international declarations, programs and initiatives on the potential for the formation of Indigenous Protected and Conserved Areas (IPCAs). We then provide an analysis of “wicked problems” that Indigenous communities, governments, and other stakeholders in protected areas will need to navigate towards implementing the IPCA approach in Canada. We outline the different types of Indigenous involvement in protected areas and how they potentially fit within the principles for the development of IPCAs. We then turn our discussion to the need to refocus conservation on reconciliation by restoring nation-to-nation relationships and relationships between the land and peoples. The lessons we draw have potential parallels for other nation states, particularly those signatory to the CBD and with a colonial history, aiming for biodiversity conservation and reconciliation with Indigenous peoples through IPCAs.


2019 ◽  
Vol 46 (2) ◽  
pp. 79-85 ◽  
Author(s):  
Frank Badua

The Academy of Accounting Historians has as its motto the Latin proverb praetera illuminet postera, the past illuminates the future. It is an apt motto in many ways. Certainly, many thoughtful accounting academics and professionals will consider how accounting theory and practice have evolved over time, and thereby gain a deeper insight into how both professional and scholarly endeavors should be conducted. But this AHJ Salmagundi article suggests another way by which the past can illuminate the future. Accounting history provides concrete examples of fundamental accounting concepts. And, because many of these examples are found in scandalous, shocking, and sordid events, the lessons could be more compellingly and vividly illustrated to the audience, by the operation of the rhetorical phenomena collectively known as the Aristotelean Triad.


2017 ◽  
Vol 5 (2) ◽  
pp. 147-158 ◽  
Author(s):  
Bonnie Glencross ◽  
Gary Warrick ◽  
Edward Eastaugh ◽  
Alicia Hawkins ◽  
Lisa Hodgetts ◽  
...  

ABSTRACTThe rapid pace of economic, political, and social change over the past 150 years has framed and reframed archaeological practice in Ontario. Indigenous groups have become increasingly involved in and critical of archaeological research. Indigenous peoples who value archaeological investigation of ancestral sites, but also desire to protect their buried ancestors, have restricted archaeological excavation and the analysis of remains. Over the last decade, research and consulting archaeologists in Ontario, Canada, have worked collaboratively with Indigenous peoples with an eye to developing sustainable archaeology practices. In the spirit of sustainable archaeology, a comprehensive research project and field school run by Wilfrid Laurier University is training the next generation of archaeologists to adopt investigative techniques that minimize disturbance of ancestral sites. Here we present the results of our surface, magnetic susceptibility, and metal detecting surveys of a Huron-Wendat village site, which pose minimally invasive solutions for investigating village sites in wooded areas. The water-sieving of midden soils in an attempt to recover 100 percent of cultural materials, and the analysis of archived collections also honor the values of Indigenous descendant communities by limiting additional invasive excavation.


Author(s):  
Nicole K Taniguchi ◽  
Maile Taualii ◽  
Jay Maddock

BACKGROUND: Genetic research has potential benefits for improving health, such as identifying molecular characteristics of a disease, understanding disease prevalence and treatment, and developing treatments tailored to patients based on individual genetic characteristics of their disease. Indigenous people are often targeted for genetic research because genes are easier to study in communities that practice endogamy. Therefore, populations perceived to be more homogenous, such as Indigenous peoples, are ideal for genetic studies. While Indigenous communities remain the focal point of many genomic studies, some result in harm and unethical practice. Unfortunately, the harms of poorly formulated and unethical research involving Indigenous people have created barriers to participation that prevent critical and lifesaving research. These harms have led a number of Indigenous communities to develop guidelines for engaging with researchers to assist in safely bridging the gap between genetic research and Indigenous peoples. SPECIFIC AIMS: The specific aims of this study were: (1) to conduct an international review and comparison of Indigenous research guidelines that highlight topics regarding genetics and use of biological samples and identify commonalities and differences among ethical principles of concern to Indigenous peoples; and (2) develop policy recommendations for Indigenous populations interested in creating formal policies around the use of genetic information and protection of biological samples using data from specific aim 1. METHODS: A comparative analysis was performed to identify best research practices and recommendations for Indigenous groups from four countries: Canada, New Zealand, Australia, and the United States. The analysis examined commonalities in political relationships, which support self-determination among these Indigenous communities to control their data. Current international Indigenous guidelines were analyzed to review processes of how genetic research is conducted and the use of biological samples is handled with Indigenous peoples. RESULTS: Results suggest the need for genetic and genomic research policies for the world’s Indigenous people. Indigenous groups are most vulnerable to research exploitation and harm; therefore, identifying principles that work for Indigenous people will lead to best practices for all populations. CONCLUSIONS: Development and implementation of best practices informed by research guidelines in Canada, New Zealand, Australia, and the U.S. may be helpful to advise Indigenous leaders, policy makers, and researchers to the proper conduction of genetic research within Indigenous communities. Comparative analyses are a useful tool for identifying areas for further work in developing genetic research policy for Indigenous communities. OUTCOME: The outcomes of this analysis are relevant and useful to Indigenous communities and inform the development of community-based genetic research guidelines. The recommendations can be used in designing appropriate policies for future genomic research with Indigenous peoples.


Author(s):  
Liezel C. Longboan

Indigenous peoples in the Philippines have rarely been covered by the mainstream media, despite comprising 20 percent of the country’s total population. Lacking access to the media due to various constraints, they have had limited opportunities to create content themselves. But the emergence of the Internet, particularly blogs, is now providing members of indigenous communities with the much-needed space for self-expression. More particularly, several indigenous groups in North Luzon, collectively known as Igorots, are using blogs more extensively to re-construct and re-present their ethnic identity in cyberspace. For this paper, I shall describe how a group of Igorot bloggers protested about a controversial Igorot statue and how this eventually led to its removal.


2020 ◽  
pp. 276-292

Resumen El artículo analiza el alcance de los derechos colectivos de los pueblos indígenas en América Latina, desde el acercamiento etnográfico a los casos de ejecución de los proyectos de desarrollo, orientados a mitigar los impactos del cambio climático en las comunidades indígenas de Shiña, Ecuador y Pumatalla, Perú. El estudio considera que el Convenio 169 de la OIT y la Declaración de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas constituyen en principios que garantizan la superación del Estado monocultural, excluyente, y reconocen la necesidad de participación de los indígenas en el diseño y en la ejecución de los proyectos de desarrollo. El análisis concluye que la celebración del bicentenario de independencia en Perú y Ecuador es una oportunidad para repensar en Estados que superen el pasado colonial. Se demuestra que hay esfuerzos por responder a las demandas de los pueblos indígenas, en cuanto que los Estados asumen los convenios internacionales sobre derechos colectivos concernientes a estos pueblos. Hay desarrollo y aceptación considerable de estos derechos en la legislación, pero en la práctica, son escasamente asumidos por los dos Estados, por lo que continua la discriminación y no se resuelven los diversos problemas que afecta a los indígenas. Abstract The article analyzes the scope of the collective rights of indigenous peoples in Latin America, from the ethnographic approach to the cases of execution of development projects, aimed at mitigating the impacts of climate change on the indigenous communities of Shiña, Ecuador and Pumatalla, Peru. The study considers that ILO Convention 169 and the United Nations Declaration on the Rights of Indigenous Peoples constitute principles that guarantee the overcoming of the monocultural, exclusive State, and recognize the need for indigenous participation in the design and in the execution of development projects. The analysis concludes that the celebration of the bicentennial of independence in Peru and Ecuador is an opportunity to rethink in States that overcome the colonial past. It is shown that there are efforts to respond to the demands of indigenous peoples, inasmuch as the States assume international conventions on collective rights concerning these peoples. There is considerable development and acceptance of these rights in the legislation, but in practice, they are scarcely assumed by the two States, so discrimination continues and the various problems that affect indigenous people are not resolved.


2020 ◽  
Vol 14 (79) ◽  
pp. 50-65
Author(s):  
O. V. Osipenko ◽  

Reviewing the trends in the development of corporate governance and shareholder law in Russia over the past six years, including the vectors of their evolution, identified on the basis of an analysis of rule-making activities, judicial practice, and regulatory activities of companies, the author puts forward a series of interrelated proposals aimed at improving it. These include: revising the set of criteria for corporate publicity, expanding the “lineup” of types and categories of shares, reforming the doctrine of threshold participation in equity capital, dramatically improving the regulatory framework for holding companies, and improving the training of specialists in the field of corporate governance.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Syed Ahmad Ali ◽  
Aida Loussaief ◽  
Muhammad Ahmed

Purpose Islamic banking industry with all of its exponential growth and global recognition has been under criticism for the past two decades. However, the problem signifies further when such criticism is made from within the organization and is well supported by outside (the customers). The purpose of this study is to provide a coherent exploration to investigate the factors that polarize its employees and customers across many parts of the world. Design/methodology/approach To investigate the phenomenon, a total of 30 responses were taken through interviews 15 each from customers and employees. Afterwards, the data was analysed and summarized into two categories. In doing so, the top five Malaysia’s Islamic banks were shortlisted to collect data from employees and customers. Findings A detailed thematic analysis resulted in six themes (Contradiction between theory and practice, Islamic banking knowledge and awareness, inadequate Shariah training, employees’ background, Shariah compliance, Islamic banking benefits) for employees and five (Islamic banking benefits, applying Shariah in Islamic banking, knowledge of Islamic banking, Islamic banking promotion, Islamic banking employees’ behaviour) for customers, respectively. Research limitations/implications The results have stronger implications for both practice and theory as organizations can assess stakeholders and their perceptions about Islamic banking. Another implication is the comparative examination of employees and customers which can potentially affect decision and policy making in Islamic banks. Islamic banks can also address employment-related issues related to employees’ behaviour vis-à-vis marketing-related problems faced by its customers that will ultimately improve its global market share and strategic positioning. Originality/value The study is based on the importance of Islamic banking in Malaysia and explores the factors that potentially create a positive or negative insight into Islamic banking – both in employees and customers.


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