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Author: Cathal Doyle
Publisher:
ISBN: 9780953230549
Category : Indigenous peoples
Languages : en
Pages : 84
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Book Description
Author: Cathal Doyle
Publisher:
ISBN: 9780953230549
Category : Indigenous peoples
Languages : en
Pages : 84
Get Book Here
Book Description
Author: Tehtena Mebratu-Tsegaye
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Indigenous and tribal peoples' right to free, prior and informed consent has transformative potential: potential to safeguard a variety of rights specific to indigenous and tribal peoples and potential to transform the power relations between peoples, governments, and extractives companies. Yet, this potential is far from being realized in the countries studied for this report. This gap between intention and reality is no coincidence.The most powerful entities within governments, when it comes to the fate of these issues, are those with the mandates to attract and develop the extractives sectors. It is these entities that are calling the shots on whether and how the state recognizes FPIC. They, in turn, appear to be driven in part by what they perceive to be the interests and preferences of extractives investors (which in the extreme version can resemble a capture dynamic). Within extractives companies, the most influential actors seem to be those whose interests are not well-aligned with the spirit of FPIC, further stacking the odds against recognition and operationalization of FPIC. Fears of projects being delayed, costs increasing or deals collapsing generate disincentives, which are not adequately counterbalanced by incentives for compliance from legal requirements or perceived benefits. As a result, prior consultation processes are being implemented in place of recognizing FPIC and operationalizing FPIC processes. Even these prior consultation processes are carried out in ways that diminish the potential for meaningful indigenous participation in decision-making, clearly skewed toward advancing the interests of powerful actors in government and the private sector. To the extent to which there are some occasional benefits being realized by those being consulted, these consultations tend to typically reflect male perspectives and lead to gendered outcomes.260 Thus, multiple layers of political realities converge to significantly limit the breadth and depth of efforts to advance FPIC and prior consultation processes.There is growing recognition in the broader development fields focusing on governance that politics matters. This report, and the project in which it is situated, was conceived to shed light on the ways that political realities impact the governance of extractive industries in order to offer practical insights, strategies, and tangible guidance for practitioners focused on addressing implementation gaps, which can be explained in no small part by political realities. This project highlights the importance of politics in the context of FPIC specifically, but some lessons drawn from the research are equally applicable to the field of extractives governance more broadly.
Author: Fanny Pulver
Publisher: buch & netz
ISBN: 3038054992
Category : Law
Languages : en
Pages : 406
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Book Description
Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.
Author: Arthur Manuel
Publisher: James Lorimer & Company
ISBN: 1459409663
Category : Social Science
Languages : en
Pages : 314
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Book Description
In this book, leading Indigenous rights activist Arthur Manuel offers a radical challenge to Canada and Canadians. He questions virtually everything non-Indigenous Canadians believe about their relationship with Indigenous peoples. The Reconciliation Manifesto documents how governments are attempting to reconcile with Indigenous peoples without touching the basic colonial structures that dominate and distort the relationship. Manuel reviews the current state of land claims, tackles the persistence of racism among non-Indigenous people and institutions, decries the role of government-funded organizations like the Assembly of First Nations, and highlights the federal government's disregard for the substance of the United Nations Declaration on the Rights of Indigenous Peoples while claiming to implement it. Together, these circumstances amount to a false reconciliation between Indigenous people and Canada. Manuel sets out the steps that are needed to place this relationship on a healthy and honourable setting. As he explains, recovering the land and rebuilding the economy are key. Completed just months before Manuel's death in January 2017, this book offers an illuminating vision of what is needed for true reconciliation. Expressed with quiet but firm resolve, humour, and piercing intellect, The Reconciliation Manifesto is for both Indigenous and non-Indigenous people who are willing to look at the real problems and find real solutions.
Author: Cathal M. Doyle
Publisher: Routledge
ISBN: 1317703170
Category : Law
Languages : en
Pages : 417
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Book Description
The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
Author: Claire Charters
Publisher: International Work Group for Indigenous Affairs
ISBN:
Category : Law
Languages : en
Pages : 404
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Book Description
"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
Author: Isabel Feichtner
Publisher: Springer
ISBN: 3030113825
Category : Law
Languages : en
Pages : 546
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Book Description
This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.
Author: E. Tory Higgins
Publisher: Oxford University Press
ISBN: 0190948078
Category : Psychology
Languages : en
Pages :
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Book Description
What does it mean to be human? Why do we feel and behave in the ways that we do? The classic answer is that we have a special kind of intelligence. But to understand what we are as humans, we also need to know what we are like motivationally. And what is central to this story, what is special about human motivation, is that humans want to share with others their inner experiences about the world--share how they feel, what they believe, and what they want to happen in the future. They want to create a shared reality with others. People have a shared reality together when they experience having in common a feeling about something, a belief about something, or a concern about something. They feel connected to another person or group by knowing that this person or group sees the world the same way that they do--they share what is real about the world. In this work, Dr. Higgins describes how our human motivation for shared reality evolved in our species, and how it develops in our children as shared feelings, shared practices, and shared goals and roles. Shared reality is crucial to what we believe--sharing is believing. It is central to our sense of self, what we strive for and how we strive. It is basic to how we get along with others. It brings us together in fellowship and companionship, but it also tears us apart by creating in-group "bubbles" that conflict with one another. Our shared realities are the best of us, and the worst of us.
Author: Anthony Ewing
Publisher: Edward Elgar Publishing
ISBN: 1802201130
Category : Business & Economics
Languages : en
Pages : 499
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Book Description
Business and human rights (BHR) is a rapidly developing field at the intersection of business, law, and public policy. Teaching Business and Human Rights is a practical guide and resource for the growing community of BHR teachers, students, and practitioners – from advocates and policymakers to business managers and investors. Chapter authors explain common BHR topics, suggest teaching approaches that work in the classroom, and identify helpful teaching resources. Chapters cover the building blocks of a BHR curriculum: foundational topics including corporate responsibility, human rights, and human rights due diligence; tools, such as legislation and litigation, to provide remedy and hold companies accountable for their human rights impacts; and the specific rights affected by businesses in different industries.
Author: Giada Giacomini
Publisher: Springer Nature
ISBN: 3031095081
Category : Political Science
Languages : en
Pages : 435
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Book Description
This book provides a new interpretation of international law specifically dedicated to Indigenous peoples in the context of a climate justice approach. The book presents a critical analysis of past and current developments at the intersection of human rights and international environmental law and governance. The book suggests new ways forward and demonstrates the need for a paradigmatic shift that would enhance the meaningful participation of Indigenous peoples as fundamental actors in the conservation of biodiversity and in the fight against climate change. The book offers guidance on a number of critical intersecting and interdependent issues at the forefront of climate change law and policy – inside and outside of the UN climate change regime. The author suggests that the adoption of a critical perspective on international law is needed in order to highlight inherent structural and systemic issues of the international law regime which are all issues that ultimately impede the pursue of climate justice for Indigenous peoples.
