indigenous rights
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2022 ◽  
Vol 8 ◽  
Author(s):  
Selina Fyfe ◽  
Heather E. Smyth ◽  
Horst Joachim Schirra ◽  
Michael Rychlik ◽  
Yasmina Sultanbawa

Australia is a rich source of biodiverse native plants that are mostly unstudied by western food science despite many of them being ethnofoods of Australian Indigenous people. Finding and understanding the relevant policy and legal requirements to scientifically assess these plants in a responsible way is a major challenge for food scientists. This work aims to give an overview of what the legal and policy framework is in relation to food chemistry on Australian native plant foods, to clarify the relationships between the guidelines, laws, policies and ethics and to discuss some of the challenges they present in food chemistry. This work provides the framework of Indigenous rights, international treaties, federal and state laws and ethical guidelines including key legislation and guidelines. It discusses the specific areas that are applicable to food chemistry: the collection of plant foods, the analysis of the samples and working with Indigenous communities. This brief perspective presents a framework that can be utilized by food chemists when developing responsible research involving plant foods native to northern Australia and can help them understand some of the complexity of working in this research area.


2022 ◽  
pp. 136346152110629
Author(s):  
Eduardo Ekman Schenberg ◽  
Konstantin Gerber

After decades of biomedical research on ayahuasca's molecular compounds and their physiological effects, recent clinical trials show evidence of therapeutic potential for depression. However, indigenous peoples have been using ayahuasca therapeutically for a very long time, and thus we question the epistemic authority attributed to scientific studies, proposing that epistemic injustices were committed with practical, cultural, social, and legal consequences. We question epistemic authority based on the double-blind design, the molecularization discourse, and contextual issues about safety. We propose a new approach to foster epistemically fair research, outlining how to enforce indigenous rights, considering the Brazilian, Peruvian, and Colombian cases. Indigenous peoples have the right to maintain, control, protect, and develop their biocultural heritage, traditional knowledge, and cultural expressions, including traditional medicine practices. New regulations about ayahuasca must respect the free, prior, and informed consent of indigenous peoples according to the International Labor Organization Indigenous and Tribal Peoples Convention no. 169. The declaration of the ayahuasca complex as a national cultural heritage may prevent patenting from third parties, fostering the development of traditional medicine. When involving isolated compounds derived from traditional knowledge, benefit-sharing agreements are mandatory according to the United Nations’ Convention on Biological Diversity. Considering the extremely high demand to treat millions of depressed patients, the medicalization of ayahuasca without adequate regulation respectful of indigenous rights can be detrimental to indigenous peoples and their management of local environments, potentially harming the sustainability of the plants and of the Amazon itself, which is approaching its dieback tipping point.


2022 ◽  
pp. 17-45
Author(s):  
Beylul Solomon ◽  
William J. Fife, III

This chapter focuses on the mental health factors that impact student success for Indigenous youth within the higher education landscape in the Commonwealth of the Northern Mariana Islands (CNMI). It emphasizes the need to address these mental health factors by strengthening cultural identity to support the success of students in higher education. The authors explain how Indigenous rights can be used to address legacies of genocidal colonialism and how implementing Indigenous-based curriculum for effective student learning may provide pathways to improve academic and mental health outcomes. Several programs in Saipan that underscore the significance of reinforcing cultural identity to help mitigate and alleviate these negative outcomes are discussed. The authors conclude by providing examples of how cultural identity can be strengthened through the implementation of Indigenous rights-based legislation, thereby simultaneously safeguarding mental health and academic success for Indigenous youth in the CNMI.


Author(s):  
Margret Carstens

Abstract This article analyses the impact of covid-19 on the rights of indigenous peoples, particularly in Brazil. It deals with the current situation of the Brazilian indigenous peoples, the impacts of the pandemic, the rights created on the adoption of protective sanitary measures for indigenous people and land rights in Brazil. Does the Brazilian government comply with international law, with constitutional rights of indigenous peoples in the current covid-19 crisis, particularly with the Brazilian Supreme Court decision on the adoption of protective sanitary measures for indigenous people? With a focus on the 2020 Report of the Special Rapporteur on the Rights of Indigenous Peoples, this paper will identify and examine the gaps in protection of the indigenous peoples rights by reason of the impact of the covid-19 crisis. This paper argues that the crisis is misused as an occasion for land invasions, deforestation, forest fires and the denial of basic indigenous rights. Especially in Brazil, a transformative change, an emergency support for indigenous peoples, and a still stand agreement on logging and extractive industries operating next to indigenous communities are needed. Brazilian ngo statements give guidelines as to how to manage the threats of the present pandemic on indigenous peoples of Brazil. The Inter-American Commission on Human Rights, the United Nations and the International Labour Organisation all offer further relevant suggestions as to how to address the serious impacts in the response to and the aftermath of this crisis.


2021 ◽  
pp. 261-275
Author(s):  
Letícia Virginia Leidens ◽  
Patricia Grazziotin Noschang

This paper using the deductive method of approach based on regional scope for the protection of human rights, aims to demonstrate that the Brazilian state actions took during the pandemic, in terms of strategies, policies and measures to deal with the COVID-19 pandemic had severe consequences specially for indigenous and migrants population in Brazil, increasing the level of vulnerability of that population in its territory. It will also consider that in spite of adhering the unconditional observance of inter-American and international standards on human rights, the Brazilian government ignored such agreements and therefore causing social economic losses and about hundreds of deaths.


2021 ◽  
pp. 2631309X2110519
Author(s):  
Marcela Torres-Wong

For decades, Indigenous communities living in Mexico’s oil-producing state of Tabasco suffered violence, environmental contamination, and the destruction of their traditional livelihood. The administration of Andrés Manuel López Obrador (AMLO) taking office in 2018 promised to govern for the poorest people in Mexico, emphasizing the wellbeing of Indigenous peoples. However, as part of his nationalist agenda AMLO is pursuing aggressive exploitation of hydrocarbons upon the lead of state-owned company Pemex. This article argues that the Mexican government still denies Indigenous peoples living nearby oil reserves the right to self-determination. We examine this phenomenon through the Chontal community of Oxiacaque in the state of Tabasco suffering environmental contamination and health problems caused by the oil industry. We emphasize the government’s use of resource nationalism to legitimize violence against Indigenous communities and their natural environments. Further, the expansion of social programs and infrastructure building serves to obtain Indigenous compliance with the unsustainable fossil fuel industry.


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