Alienation of the Lands of Indigenous Peoples

Alienation of the Lands of Indigenous Peoples PDF Author: Shapan Adnan
Publisher:
ISBN: 9789843334947
Category : Chittagong Hill Tracts District (Bangladesh)
Languages : en
Pages : 186

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Book Description

Alienation of the Lands of Indigenous Peoples

Alienation of the Lands of Indigenous Peoples PDF Author: Shapan Adnan
Publisher:
ISBN: 9789843334947
Category : Chittagong Hill Tracts District (Bangladesh)
Languages : en
Pages : 186

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Book Description


Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law PDF Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9004323252
Category : Law
Languages : en
Pages : 349

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Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights

Land, People and Politics

Land, People and Politics PDF Author: Walter Fernandes
Publisher: IWGIA
ISBN: 8791563402
Category : India
Languages : en
Pages : 2

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Book Description
Studies the processes that result in tribal land alienation and the consequent conflicts.

Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh

Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh PDF Author: Rajkumari Chandra Kalindi Roy
Publisher: IWGIA
ISBN: 9788790730291
Category : Law
Languages : en
Pages : 236

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Book Description
Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.

The Terror of the Coast

The Terror of the Coast PDF Author: Chris Arnett
Publisher: Burnaby, B.C. : Talonbooks
ISBN:
Category : History
Languages : en
Pages : 400

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Book Description
An extensively detailed reconstruction of the war between the Northwest Coast Natives and Vancouver Island's colonial government.

Indigenous Peoples' Land Rights under International Law

Indigenous Peoples' Land Rights under International Law PDF Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352

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Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

Beyond the Indian Act

Beyond the Indian Act PDF Author: Tom Flanagan
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773581847
Category : Social Science
Languages : en
Pages : 313

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Book Description
The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.

A Third University Is Possible

A Third University Is Possible PDF Author: la paperson
Publisher: U of Minnesota Press
ISBN: 1452954100
Category : Education
Languages : en
Pages : 107

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Book Description
A Third University is Possible unravels the intimate relationship between the more than 200 US land grant institutions, American settler colonialism, and contemporary university expansion. Author la paperson cracks open uncanny connections between Indian boarding schools, Black education, and missionary schools in Kenya; and between the Department of Homeland Security and the University of California. Central to la paperson’s discussion is the “scyborg,” a decolonizing agent of technological subversion. Drawing parallels to Third Cinema and Black filmmaking assemblages, A Third University is Possible ultimately presents new ways of using language to develop a framework for hotwiring university “machines” to the practical work of decolonization. Forerunners: Ideas First is a thought-in-process series of breakthrough digital publications. Written between fresh ideas and finished books, Forerunners draws on scholarly work initiated in notable blogs, social media, conference plenaries, journal articles, and the synergy of academic exchange. This is gray literature publishing: where intense thinking, change, and speculation take place in scholarship.

Unworthy Republic: The Dispossession of Native Americans and the Road to Indian Territory

Unworthy Republic: The Dispossession of Native Americans and the Road to Indian Territory PDF Author: Claudio Saunt
Publisher: W. W. Norton & Company
ISBN: 0393609855
Category : History
Languages : en
Pages : 348

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Book Description
Winner of the 2021 Bancroft Prize and the 2021 Ridenhour Book Prize Finalist for the 2020 National Book Award for Nonfiction Named a Top Ten Best Book of 2020 by the Washington Post and Publishers Weekly and a New York Times Critics' Top Book of 2020 A masterful and unsettling history of “Indian Removal,” the forced migration of Native Americans across the Mississippi River in the 1830s and the state-sponsored theft of their lands. In May 1830, the United States launched an unprecedented campaign to expel 80,000 Native Americans from their eastern homelands to territories west of the Mississippi River. In a firestorm of fraud and violence, thousands of Native Americans lost their lives, and thousands more lost their farms and possessions. The operation soon devolved into an unofficial policy of extermination, enabled by US officials, southern planters, and northern speculators. Hailed for its searing insight, Unworthy Republic transforms our understanding of this pivotal period in American history.

Land Alienation and Politics of Tribal Exploitation in India

Land Alienation and Politics of Tribal Exploitation in India PDF Author: Suratha Kumar Malik
Publisher: Springer Nature
ISBN: 9811553823
Category : Political Science
Languages : en
Pages : 217

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Book Description
This book explores tribal land alienation problems in India and tribal agitation against land encroachment and alienation. It discusses India’s tribal land problem and explains how despite legislation to protect tribal lands, the problem has not been resolved since neither the letter nor the spirit of the law has been implemented. Due to continuous land encroachment and alienation by outsiders, the negligence of the revenue administration and the apathy of the central and state government, the situation concerning tribal land in the country have became precarious. In this context, the book highlights the process of land estrangement among the tribes and the related movements, focusing on the Narayanpatna land movement in the Koraput district of Odisha. It argues that land remains a central issue that is extremely important for tribes as it directly affects their life, livelihood, freedom and development, and that the cultural attachment of tribes and their views regarding the idea of ‘place’ (land) furnishes crucial perspectives in understanding the politics of collective resistance. It also discusses the politicization of group identity and material interest against the outside authority as the basis of the unrest among the tribes, and when the grudges of the people are hardened due to insensitivity and tyranny, the extent of tribal resistance escalates, leading to conflict between the state and its own people. Given its scope, this book is a valuable resource for students and research scholars, as well as for policymakers and anyone interested in Indian democracy and development in general, and tribal problems, issues and politics in particular.