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Author: Jolan Hsieh
Publisher: Routledge
ISBN: 1135514275
Category : Social Science
Languages : en
Pages : 150
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Book Description
The focus of this book is on the PingPu peoples in Taiwan and their right to official recognition as "indigenous peoples" by the Taiwanese government. The result of centuries of colonization, indigenous tribes in Taiwan have faced severe cultural repression because of the government's refusal to accept ethnic, racial, and cultural diversity. The PingPu Status Recognition Movement is the result of a decade of activism by impassioned people seeking the right to self-determination, autonomy, and tribal legitimacy from the Han-Chinese-controlled Taiwanese government. This book examines, through in-depth interviews, questionnaires, field observations, and analysis of governmental and United Nations documents, the perspectives of those directly involved in the movement, as well as those affected by "indigenous" status recognition. Study of the PingPu Indigenous movement is vitally important as it publicly declares Taiwanese Indigenous population's humanity and collective rights and provides a more comprehensive analysis of identity-based movements as a fundamental form of collective human rights claims.
Author: Jolan Hsieh
Publisher: Routledge
ISBN: 1135514275
Category : Social Science
Languages : en
Pages : 150
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Book Description
The focus of this book is on the PingPu peoples in Taiwan and their right to official recognition as "indigenous peoples" by the Taiwanese government. The result of centuries of colonization, indigenous tribes in Taiwan have faced severe cultural repression because of the government's refusal to accept ethnic, racial, and cultural diversity. The PingPu Status Recognition Movement is the result of a decade of activism by impassioned people seeking the right to self-determination, autonomy, and tribal legitimacy from the Han-Chinese-controlled Taiwanese government. This book examines, through in-depth interviews, questionnaires, field observations, and analysis of governmental and United Nations documents, the perspectives of those directly involved in the movement, as well as those affected by "indigenous" status recognition. Study of the PingPu Indigenous movement is vitally important as it publicly declares Taiwanese Indigenous population's humanity and collective rights and provides a more comprehensive analysis of identity-based movements as a fundamental form of collective human rights claims.
Author: Jessie Hohmann
Publisher: Oxford University Press
ISBN: 0191653993
Category : Law
Languages : en
Pages : 731
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Book Description
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 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 comprehensive commentary on the Declaration analyses in detail 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. It 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. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
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
Author: Colin Samson
Publisher: John Wiley & Sons
ISBN: 1509514570
Category : Social Science
Languages : en
Pages : 233
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Book Description
Indigenous peoples have gained increasing international visibility in their fight against longstanding colonial occupation by nation-states. Although living in different locations around the world and practising highly varied ways of life, indigenous peoples nonetheless are affected by similar patterns of colonial dispossession and violence. In defending their collective rights to self-determination, culture, lands and resources, their resistance and creativity offer a pause for critical reflection on the importance of maintaining indigenous distinctiveness against the homogenizing forces of states and corporations. This timely book highlights significant colonial patterns of domination and their effects, as well as responses and resistance to colonialism. It brings indigenous peoples issues and voices to the forefront of sociological discussions of modernity. In particular, the book examines issues of identity, dispossession, environment, rights and revitalization in relation to historical and ongoing colonialism, showing that the experiences of indigenous peoples in wealthy and poor countries are often parallel and related. With a strong comparative scope and interdisciplinary perspective, the book is an essential introductory reading for students interested in race and ethnicity, human rights, development and indigenous peoples issues in an interconnected world.
Author: Antonietta Di Blase
Publisher: Roma TrE-Press
ISBN: 8832136929
Category : Law
Languages : en
Pages : 331
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Book Description
This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0
Author: Sheryl Lightfoot
Publisher: Routledge
ISBN: 1317367790
Category : Political Science
Languages : en
Pages : 280
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Book Description
This book examines how Indigenous peoples’ rights and Indigenous rights movements represent an important and often overlooked shift in international politics - a shift that powerful states are actively resisting in a multitude of ways. While Indigenous peoples are often dismissed as marginal non-state actors, this book argues that far from insignificant, global Indigenous politics is potentially forging major changes in the international system, as the implementation of Indigenous peoples’ rights requires a complete re-thinking and re-ordering of sovereignty, territoriality, liberalism, and human rights. After thirty years of intense effort, the transnational Indigenous rights movement achieved passage of the UN Declaration on the Rights of Indigenous Peoples in September 2007. This book asks: Why did movement need to fight so hard to secure passage of a bare minimum standard on Indigenous rights? Why is it that certain states are so threatened by an emerging international Indigenous rights regime? How does the emerging Indigenous rights regime change the international status quo? The questions are addressed by exploring how Indigenous politics at the global level compels a new direction of thought in IR by challenging some of its fundamental tenets. It is argued that global Indigenous politics is a perspective of IR that, with the recognition of Indigenous peoples’ collective rights to land and self-determination, complicates the structure of international politics in new and important ways, challenging both Westphalian notions of state sovereignty and the (neo-)liberal foundations of states and the international human rights consensus. Qualitative case studies of Canadian and New Zealand Indigenous rights, based on original field research, analyse both the potential and the limits of these challenges. This work will be of interest to graduates and scholars in international relations, Indigenous studies, international organizations, IR theory and social movements.
Author: S. James Anaya
Publisher:
ISBN: 9780195173505
Category : Law
Languages : en
Pages : 414
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Book Description
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Author: Alexandra Xanthaki
Publisher: Cambridge University Press
ISBN: 1139461737
Category : Law
Languages : en
Pages : 21
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Book Description
The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.
Author: Mariana Monteiro de Matos
Publisher: BRILL
ISBN: 9004411275
Category : Law
Languages : en
Pages : 358
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Book Description
Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection. In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.
Author: Mariana Kawall Leal Ferreira
Publisher:
ISBN: 9780967533483
Category : Indigenous peoples
Languages : en
Pages : 218
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Book Description
