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Author: Nupur Tiwari
Publisher: Rawat Publications
ISBN: 9788131607541
Category : Odisha (India)
Languages : en
Pages : 0
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Book Description
"After Independence, Constituent Assembly of India has taken several steps to protect the interests of the vast tribal population of India. Based on the Bhuria Committee Report, the PESA (Panchayat Extension to Scheduled Areas) Act was passed by the Parliament keeping in view the welfare and socio-economic development of the tribals. The PESA Act gives radical governance powers to the tribal community and recognizes its traditional community rights over local natural resources. This Act has also made it mandatory for the states having Scheduled Areas to make specific provisions for giving a broad range of powers to the tribals on matters relating to decision-making and development of their community. However, actual implementation of the provisions lies with the states. It was expected that the PESA would lead to self-governance and empowerment of the people, but the implementation of PESA is far from satisfactory. This book is an attempt to grasp the profound impact of effective implementation of PESA, with special emphasis on the extremist affected districts which are characterized by a high degree of poverty, lack of infrastructure, illiteracy, exploitation and marginalization. Through various case studies, the book tries to discuss the diverse issues and concerns relevant for people-centric governance for removing the discontent among the tribal population and assuring them that they have equal stake in the progress of the country. This book will contribute to enhancing our understanding of PESA and add to the experience in designing inclusive and accountable local representative institutions. The book will be useful not only for policy makers but also for those who contribute to broader national and regional debates on addressing these common challenges."--Publisher's description.
Author: Nupur Tiwari
Publisher: Rawat Publications
ISBN: 9788131607541
Category : Odisha (India)
Languages : en
Pages : 0
Get Book Here
Book Description
"After Independence, Constituent Assembly of India has taken several steps to protect the interests of the vast tribal population of India. Based on the Bhuria Committee Report, the PESA (Panchayat Extension to Scheduled Areas) Act was passed by the Parliament keeping in view the welfare and socio-economic development of the tribals. The PESA Act gives radical governance powers to the tribal community and recognizes its traditional community rights over local natural resources. This Act has also made it mandatory for the states having Scheduled Areas to make specific provisions for giving a broad range of powers to the tribals on matters relating to decision-making and development of their community. However, actual implementation of the provisions lies with the states. It was expected that the PESA would lead to self-governance and empowerment of the people, but the implementation of PESA is far from satisfactory. This book is an attempt to grasp the profound impact of effective implementation of PESA, with special emphasis on the extremist affected districts which are characterized by a high degree of poverty, lack of infrastructure, illiteracy, exploitation and marginalization. Through various case studies, the book tries to discuss the diverse issues and concerns relevant for people-centric governance for removing the discontent among the tribal population and assuring them that they have equal stake in the progress of the country. This book will contribute to enhancing our understanding of PESA and add to the experience in designing inclusive and accountable local representative institutions. The book will be useful not only for policy makers but also for those who contribute to broader national and regional debates on addressing these common challenges."--Publisher's description.
Author: Kirsty Gover
Publisher: OUP Oxford
ISBN: 0199587094
Category : Law
Languages : en
Pages : 300
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Book Description
Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Author: Karen J. Atkinson
Publisher:
ISBN: 9780692057650
Category : Indian business enterprises
Languages : en
Pages :
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Book Description
A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.
Author: Oregon. Office of the Secretary of State
Publisher:
ISBN:
Category : Oregon
Languages : en
Pages : 232
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Book Description
Author: Kouslaa T. Kessler-Mata
Publisher: Cambridge University Press
ISBN: 1108415865
Category : History
Languages : en
Pages : 153
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Book Description
Kessler-Mata argues for a constitutive theory of tribal sovereignty based on the interconnected relationships between tribes and non-federal governments.
Author: Raymond Darrel Austin
Publisher: U of Minnesota Press
ISBN: 0816665354
Category : Social Science
Languages : en
Pages : 295
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Book Description
The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.
Author: Felix S. Cohen
Publisher: University of Oklahoma Press
ISBN: 9780806138060
Category : History
Languages : en
Pages : 248
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Book Description
Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.
Author: James J. Lopach
Publisher: Routledge
ISBN: 9780367214913
Category : Indian reservations
Languages : en
Pages : 204
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Book Description
Reservation politics certainly affect the quality of life in Indian communities, and the outlook for Indian self-determination movement cannot be assessed without an understanding of tribal government. The authors chose conversations with selected political leaders on the reservation as the best way of leaming about tribal government.
Author: William Nikolakis
Publisher: University of Arizona Press
ISBN: 0816540543
Category : Social Science
Languages : en
Pages : 353
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Book Description
Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.
Author: Vine Deloria
Publisher: University of Oklahoma Press
ISBN: 9780806133980
Category : Political Science
Languages : en
Pages : 462
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Book Description
In 1934, Commissioner of Indian Affairs John Collier began a series of "congresses" with American Indians to discuss his proposed federal bill for granting self-government to tribal reservations. In "The Indian Reorganization Act," Vine Deloria, Jr., compiled the actual historical records of those congresses and made available important documents of the premier years of reform in federal Indian policy as well as the bill itself.
