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Author: Roger Plant
Publisher: Minority Rights Group
ISBN: 1897693354
Category : Social Science
Languages : en
Pages : 40
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Book Description
LAND: A QUESTION OF SURVIVAL? The process of territorial seizure and loss began centuries ago and continues today. Foreign occupation, colonisation, resettlement, nationalisation, large-scale infrastructural development and wider economic forces have undermined – and in some cases obliterated – the land security of the world’s vulnerable minorities. Land is now a key issue in minority claims for protection. While some minorities seek restoration of lands lost in the past, others struggle to avert future dispossession, or demand equality of rights with dominant majorities. LAND RIGHTS AND MINORITIES, written by the specialist author and consultant Roger Plant, addresses the current predicament of the world’s minorities with regard to access to and use of land and other natural resources. It emphasises the law and policy framework for the recognition of minority land rights, and the available procedures through which minorities may formulate their claims. Drawing on examples from Africa, the Americas, Asia, Australasia, Europe and the Middle East, the report demonstrates that the legacy of past discrimination must be addressed through affirmative action, and that newly evolving policies should take into account the security of currently or potentially disadvantaged groups. Some minorities are in danger of imminent extinction; others pursue their demands with vigour. Accepting the global imperative of environmentally sustainable land use and management, this authoritative Minority Rights Group report shows how vulnerable minorities will require a range of strategies and responses to ensure their territorial security and, ultimately, their survival. Please note that the terminology in the fields of minority rights and indigenous peoples’ rights has changed over time. MRG strives to reflect these changes as well as respect the right to self-identification on the part of minorities and indigenous peoples. At the same time, after over 50 years’ work, we know that our archive is of considerable interest to activists and researchers. Therefore, we make available as much of our back catalogue as possible, while being aware that the language used may not reflect current thinking on these issues.
Author: Roger Plant
Publisher: Minority Rights Group
ISBN: 1897693354
Category : Social Science
Languages : en
Pages : 40
Get Book Here
Book Description
LAND: A QUESTION OF SURVIVAL? The process of territorial seizure and loss began centuries ago and continues today. Foreign occupation, colonisation, resettlement, nationalisation, large-scale infrastructural development and wider economic forces have undermined – and in some cases obliterated – the land security of the world’s vulnerable minorities. Land is now a key issue in minority claims for protection. While some minorities seek restoration of lands lost in the past, others struggle to avert future dispossession, or demand equality of rights with dominant majorities. LAND RIGHTS AND MINORITIES, written by the specialist author and consultant Roger Plant, addresses the current predicament of the world’s minorities with regard to access to and use of land and other natural resources. It emphasises the law and policy framework for the recognition of minority land rights, and the available procedures through which minorities may formulate their claims. Drawing on examples from Africa, the Americas, Asia, Australasia, Europe and the Middle East, the report demonstrates that the legacy of past discrimination must be addressed through affirmative action, and that newly evolving policies should take into account the security of currently or potentially disadvantaged groups. Some minorities are in danger of imminent extinction; others pursue their demands with vigour. Accepting the global imperative of environmentally sustainable land use and management, this authoritative Minority Rights Group report shows how vulnerable minorities will require a range of strategies and responses to ensure their territorial security and, ultimately, their survival. Please note that the terminology in the fields of minority rights and indigenous peoples’ rights has changed over time. MRG strives to reflect these changes as well as respect the right to self-identification on the part of minorities and indigenous peoples. At the same time, after over 50 years’ work, we know that our archive is of considerable interest to activists and researchers. Therefore, we make available as much of our back catalogue as possible, while being aware that the language used may not reflect current thinking on these issues.
Author: Bertus de Villiers
Publisher: BRILL
ISBN: 9004461663
Category : Law
Languages : en
Pages : 295
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Book Description
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Author: Margot E. Salomon
Publisher: Minority Rights Group
ISBN: 190458425X
Category : Social Science
Languages : en
Pages : 132
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Book Description
In recent years, increased attention has been given to economic, social and cultural (ESC) rights internationally and, to a certain degree, domestically. However not enough has been done to consider fully and systematically the economic, social and cultural rights of minorities and indigenous peoples. This guide aims to bridge this gap. It provides an overview of ESC rights and how these can be applied to minorities and indigenous peoples. Aimed at minority and indigenous activists and those working with them, each chapter has been written by an expert on a particular right, who provides practical information and advice about the best ways to advocate for securing ESC rights. The chapters cover the rights to food and water, housing, health, education, labour and culture and describe the legal standards, enforcement mechanisms, and guidelines for successful civil society advocacy.
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: Horman Chitonge
Publisher: Springer Nature
ISBN: 3030828522
Category : Science
Languages : en
Pages : 348
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Book Description
This book provides a significant contribution to the literature on land reform in various African contexts. While the economic evidence is clear that secure property rights are a necessary condition for catalysing broad-based economic development, the governance process by which those rights are secured is less clear. This book details the historical complexity of land rights and the importance of understanding this history in the process of trying to improve tenure security. Through a combination of single country case studies, comparative case studies and regional comparisons, the book is unequivocal that good governance is paramount for improving the performance of land reform programmes. All attempts at moving towards more formal secure tenure require congruence with informal norms, beliefs and values, and a set of clear systems and processes to avoid corruption and unintended negative consequences.
Author: Margot E. Salomon
Publisher: Minority Rights Group
ISBN: 1897693990
Category : Social Science
Languages : en
Pages : 76
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Book Description
The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.
Author: Maurice Odhiambo Makoloo
Publisher: Minority Rights Group
ISBN:
Category : History
Languages : en
Pages : 48
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Book Description
Minorities and indigenous peoples in Kenya feel excluded from the economic and political life of the state. They are poorer than the rest of Kenya's population, their rights are not respected and they are rarely included in development of other participatory planning processes. This report discusses the abuse of ethnicity in Kenyan policies, arguing that ethnicity is a card all too often used by Kenyan politicians to favour certain communities over others in the share of the nation's wealth. Kenya: Minorities, Indigenous Peoples and Ethnic Diversity exposes these concerns in detail via the analysis of budgetary expenditure in the poor Turkana region, which is dominated by the minority Turkana people, and in the richer Nyeri region, home of Kenya's current President. The author, Maurice Odhiambo Makoloo, calls for immediate action to address the inequalities and marginalization of communities, as a way of ensuring that Kenya remains free of major conflict. It calls for disaggregated data - by ethnicity and gender - and a new Constitution to devolve power away from the centre, so that minority and indigenous peoples stand to benefit from current and new development programmes.The report argues that Kenya's diversity should be its strength and need not be a threat to national unity. Suppressing and denying ethnic diversity is the quickest route to inter-ethnic conflict and claims of succession. The report calls for urgent action.
Author: Federica Prina
Publisher: Minority Rights Group
ISBN: 190791949X
Category : Social Science
Languages : en
Pages : 32
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Book Description
This report provides an overview of the present situation of minority and indigenous peoples’ rights in Russia. It examines the difficulties in the implementation of international mechanisms for minority and indigenous protection, with a focus on the Council of Europe’s Framework Convention on the Protection of National Minorities, although other international standards (emanating from the OSCE and United Nations) are also taken into account. In particular, the report considers the complexities in the participation of civil society in international monitoring mechanisms. Following an introduction and an overview of domestic and international legislation, the report provides: a) an overview of the main problems confronting minorities and indigenous peoples in Russia; and b) an outline of the factors affecting the implementation of international mechanisms on minority and indigenous protection. It ends with a series of recommendations to improve the participation, recognition and treatment of minorities and indigenous peoples in the country.
Author: United Nations
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 188
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Book Description
"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.
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
