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1
Anwar, Arman, and Richard Marsilio Waas. "Hak Atas Informasi, Edukasi Dan Pelayanan Kesehatan Terhadap Masyarakat Adat Di Maluku Selama Pandemi Covid-19." SASI 27, no. 2 (June 4, 2021): 149. http://dx.doi.org/10.47268/sasi.v27i2.454.
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The main objective of this research is to determine the fulfillment of the right to information, education and health services to indigenous peoples carried out by the Maluku Provincial Government and the relationship patterns that need to be built through the Maluku Provincial Government's public policies towards indigenous peoples so that dynamic interactions can be established in an effort to accelerate the spread of the virus. Covid 19 at the local level. The research was conducted using the Social Legal Research method. Approach the problem using a statutory approach, and concepts. The results of this study found that the Maluku Provincial Government has carried out its responsibilities in fulfilling the right to information, education and health services to indigenous peoples, but it is still not optimal. Likewise, a public policy framework that favors the interests of indigenous peoples as a form of protection for the vulnerability of indigenous peoples from the dangers of the spread of the Covid-19 virus is also not optimal. The Maluku Provincial Government needs to formulate a formulation of a public policy framework that is oriented towards the goal of fulfilling the basic rights of indigenous peoples during the Covid-19 pandemic. The vulnerability of indigenous peoples needs to be protected with the political will of the Maluku Provincial government through budget politics, preparation of human and material resources and infrastructure that supports performance achievement in fulfilling the right to information, education and health services to indigenous peoples at the local level.
2
Garusova, Larisa. "Canada’s contemporary policy on Aboriginal education." SHS Web of Conferences 134 (2022): 00013. http://dx.doi.org/10.1051/shsconf/202213400013.
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The article analyzes the process of transformation of the educational system of the Indigenous peoples, the key factor of which is the policy of the Canadian government. Based on the analysis of documents and materials of the federal government of Canada and regional authorities, qantitative and qualitative characteristics of the modern educational status of Aboriginal peoples have been identified. Canada's Aboriginal education system has gone through a difficult path from destructive forms of education for culture, family and personality, to humane and careful attitude towards students, their national roots and traditions. The policy of compensating for the damage done in the past and supporting the Indigenous peoples in the field of education goes in several directions. Among them there are payments to those Aborigines who have suffered physically or mentally in boarding schools in the past; equalization of education levels of Indigenous peoples and other Canadians, support of Aboriginal languages and culture. The main tools in the implementation of modern government policy are increased funding for the education of the Indigenous population and the collaboration of the authorities with public organizations and Aboriginal communities.
3
Moroz, Elena Nikolaevna. "Exercise of rights of the indigenous peoples on the example of Norway's policy towards Sami population." Политика и Общество, no. 1 (January 2021): 41–49. http://dx.doi.org/10.7256/2454-0684.2021.1.35247.
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This article is dedicated to the relevant problem of preserving the lifestyle of indigenous peoples and ensuring their rights. Norway has a considerable experience in this sphere, and can serve as a positive example for the Russian in the sphere of exercising the rights and support of the indigenous small-numbered peoples. The goal of this article consists in examination of the government policy towards the indigenous peoples of Northern Norway, their current status, as well as assessment of government activity in solving the problems of Sami people. The subject of this research is the legislation and policy towards Sami people as the indigenous people of the North and minority in Norway. The methodological framework consists of systematic, retrospective and comparative analysis. Analysis is conducted on the international and domestic legal aspects of exercising the rights of Sami people. In conclusion, the author notes the recent fundamental transformation of the legal system towards sovereignty of Sami people, and moreover, the revival of their cultural and social traditions. The scientific novelty of lies in the comprehensive analysis of international and domestic means of protection of rights of the indigenous peoples of the North, as well as in assessment of the political program and government actions on maintaining their unique culture and ensuring the rights to self-governance.
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Van Cott, Donna Lee. "Broadening Democracy: Latin America's Indigenous Peoples' Movements." Current History 103, no. 670 (February 1, 2004): 80–85. http://dx.doi.org/10.1525/curh.2004.103.670.80.
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Indigenous peoples' movements have transcended their status as objects of government policy, or as a passing fad that grabbed attention as a colorful cultural phenomenon. They have converted themselves into a resilient, cohesive political force with the power to determine political outcomes.
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Yaqub, Andi, Ashadi L. Diab, Andi Novita Mudriani Djaoe, Riadin Riadin, and Iswandi Iswandi. "Dehumanisation Of Moronene Hukaea Laea Indigenous Community In Setting The Boundary Of Ulayat Rights." Al-'Adl 14, no. 2 (July 31, 2021): 118. http://dx.doi.org/10.31332/aladl.v14i2.2932.
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The determination of the area of customary rights of indigenous peoples is a form of protection for indigenous peoples, a step to overcome vertical conflicts between the Moronene Hukaea Laea indigenous people and conservation or national park managers. This study aims to capture the extent to which the position and existence of Perda no. 4 of 2015 on the recognition of the customary rights of the moronene indigenous people of Hukaea Laea. This type of research is descriptive analysis with a qualitative approach, the research location is in Watu-Watu Village, Lantari Jaya District and Rawa Aopa Watumohai National Park, Bombana Regency and the data collection of this study is through direct interviews and deductive conclusions are drawn. Based on the results of this study, the forms of dehumanization of the Moronene Hukaea Laea indigenous people include: (1) In 1997 the Moronene Hukaea Laea indigenous people experienced intimidation by the universe broom group such as burning houses and land and in 2002 repeated home destruction and eviction ulayat areas by the government because the Moronene indigenous people are in conservation areas or national parks, the pretext of expulsion and arrest of customary leaders and indigenous peoples of Moronene Hukaea Laea has based on a negative stigma that the existence of indigenous peoples is a group that destroys ecosystems and ecology. (2) In 2015 the stipulation of Regional Regulation No. 4 of 2015 is not substantive because it only regulates the existence of indigenous peoples, not the absolute determination of territory by the Hukaea Laea indigenous people. This is indicated by the policy of the Minister of Forestry which concluded that based on the total population of the Hukaea Laea Indigenous Peoples, only 6,000 hectares could be controlled. Based on this policy, the local government shows inconsistency towards the indigenous Moronene Hukaea Laea after placing its position as a mediator between the Minister of Forestry, conservation area managers, and the Hukaea Laea Indigenous Community.
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Celesistinus, Kelvin, and Siti Radiaton Adawiyah Zakaria. "AN OVERVIEW OF THE LAND DEVELOPMENT ISSUES RELATED TO INDIGENOUS PEOPLES IN MALAYSIA." Journal of Tourism, Hospitality and Environment Management 6, no. 26 (December 1, 2021): 111–20. http://dx.doi.org/10.35631/jthem.626009.
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Given that the way of life of indigenous peoples is usually associated with low living standards, the government has an important role to play in ensuring that the gap between indigenous and non-indigenous communities is narrowed. Unfortunately, as the program to improve the quality of life of indigenous communities has been widely implemented across the country, tension has begun to escalate among the indigenous community on the real motive of the program. Government policy objectives to assimilate indigenous communities into mainstream society leave little scope for indigenous groups to pursue their own life projects. Several studies have reported that the development of the government within traditional indigenous lands has caused conflict between the developer and the indigenous community. This situation has caused the indigenous people to bear the consequences of losing their traditional land, which is very important to reflect their identity. The aim of this paper is therefore to examine the current issues related to the land development initiative on the way of life of indigenous peoples in Malaysia. Documents search from published and unpublished material is used for this paper and a guide with a set of settings five years prior. The findings of this paper show that the development of the government in indigenous traditional lands has disrupted the traditional way of life, leading to multiple adverse effects on the community and the environment. In other words, the core of the indigenous people's struggle to this date is therefore concentrated in their involvement in making decisions in any development proposed to enhance their quality of life. Apart from that, the perspective of land development between the government and the indigenous peoples is quite different from one another. In conclusion, it is important to elicit knowledge and opinion from both indigenous peoples and government agencies to ensure the impact of land development activities can be minimized and implemented appropriately.
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Mudde, Laura. "Structural Genocide and Institutionalized Racism in Canada: The Department of Indian Affairs and Framing of Indigenous Peoples." Alberta Academic Review 1, no. 1 (May 28, 2018): 15–37. http://dx.doi.org/10.29173/aar10.
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This review problematizes the health and socio-economic disparity between Indigenous and non-Indigenous communities, which I argue is due to the role of the Canadian government. Specifically, I analyse the continuous process of Indigenous administrative subjugation under Canadian rule to uncover the intrinsic racial predilections of Canadian government policy toward First Nations peoples in Canada’s Prairie West provinces through the application of diagnostic frame analysis as a multidisciplinary research method to analyse how people understand situations and activities. My research results reveal the racialized marginalization of First Nation peoples through the administrative regimes in Canada as a continuous contemporary process established in the late nineteenth and twentieth century. In exposing the structural discrimination of First Nations peoples, my research introduces the reader to the concept of political master narratives, or ‘imaginaries’. These imaginaries foster the health and socio-economic disparities between Indigenous and non-Indigenous groups in Canadian society. The critical analysis of these historically structural government instituted imaginaries and the indirect, exponentially higher chances of tuberculosis and related diseases and deaths among Indigenous peoples’ challenge conclusions of the Truth and Reconciliation Commission (TRC) on cultural genocide. This study proposes structural genocide as a more accurate and inclusive term for the continuous institutional marginalization of not only Indigenous peoples as seen in this case study of the Department of Indian Affairs (DIA) but for all Indigenous peoples in Canada.
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Pareke, JT. "REFORMA AGRARIA: MEMBANGUN ULANG RELASI NEGARA DAN MASYARAKAT ADAT MELALUI PENGAKUAN DAN PERLINDUNGAN MASYARAKAT ADAT." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 5, no. 1 (January 31, 2020): 29. http://dx.doi.org/10.29300/imr.v5i1.2915.
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Abstract: This study aims to describe the efforts to reestablish the relations between the State and indigenous peoples in the protection of indigenous peoples. The benefits of this study are expected to be used by interested parties to formulate policy options in the protection of indigenous peoples through the establishment of Regional Regulations. This study uses a combination of empirical and normative juridical approaches. An empirical juridical approach is an approach used to view social phenomena related to law and its practice. Normative juridical approach is an approach that uses secondary data in the form of primary, secondary and tertiary legal materials. The results of this study show that: First, As long as there are no laws that specifically regulate indigenous peoples, the regulation of indigenous peoples through Government Regulations and Regional Regulations can be justified to fill the legal vacuum to ensure fair legal certainty; Second, the legal product of Lebong Regency Regional Regulation No. 4 of 2017 concerning to Recognition and Protection of Rejang Indigenous Peoples in Lebong Regency, and Rejang Lebong Regency Regional Regulation No. 5 of 2018 concerning to Recognition and Protection of Indigenous Peoples in Rejang Lebong Regency is a role model of how local government efforts in reestablish state and indigenous peoples relations to solve structural agrarian problems by recognizing territories along with traditional rights of Rejang indigenous peoples through legal politics of recognition and the protection of indigenous peoples by establishing regional regulations. Keywords: Agrarian Reform; Relations; State; Indigenous People;
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Aida, Nur, and Muhani Jibi. "Protection of Indigenous Forests from Oligarchy Hegemony." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 2, no. 1 (January 24, 2023): 106–11. http://dx.doi.org/10.57235/aurelia.v2i1.245.
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The form of government responsibility towards local wisdom values is ideally based on juridical and philosophical. Local wisdom is not seen as a mere cultural product, therefore the government's responsibility for the local wisdom values of indigenous and tribal peoples must be packaged as a comprehensive policy. The aim of this research is expected to be able to provide input to stakeholders, especially the Government and Customary Law Communities in completing the management of customary forest areas, so that justice and prosperity for indigenous peoples can be realized according to the needs of indigenous peoples. The method used in this research is descriptive evaluative research method, in which this study only describes the facts found in the field without making changes to each research variable. The results of the study, the ideal implementation of legal regulations must be adjusted based on the needs of the community. In building a customary forest scheme, Indigenous Peoples must be able to convince the Government and Traditional Leaders to show their ability, local wisdom and seriousness in protecting customary forest areas. Campaigns for customary forest schemes must be carried out systematically as sovereignty and dignity for the purity of identity independently in order to save customary forests and their potential. As long as the consequences of the policy are not detrimental to legal policy, then the customary forest management scheme developed by indigenous and tribal peoples can be justified. In conclusion, it is hoped that in the customary forest scheme there will be certainty in the process of transforming knowledge about traditional values with various local wisdoms and the utilization of agricultural products and the natural environment with a balance based on natural sustainability, without being controlled by oligarchic hegemony.
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Rugebregt, Revency Vania, Abrar Saleng, and Farida Patittingi. "Government Policy in the Natural Resource Management of Local Community." Hasanuddin Law Review 1, no. 1 (April 17, 2016): 122. http://dx.doi.org/10.20956/halrev.v1i1.219.
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Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.
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Rugebregt, Revency Vania, Abrar Saleng, and Farida Patittingi. "Government Policy in the Natural Resource Management of Local Community." Hasanuddin Law Review 1, no. 1 (April 17, 2016): 122. http://dx.doi.org/10.20956/halrev.v1n1.219.
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Natural resource management is an important thing that should be done by the community for survival. Consciously of many ways in the management of natural resources has resulted in environmental damage, coupled with government policies that give permission without good supervision to entrepreneurs or private individuals in natural resource management adds a long list of environmental damage. In the last three decades, governments tend to ignore the phenomenon of legal pluralism in the legal development policy, preparation of legal instruments, as well as the implementation of the law through political neglect of the fact legal pluralism. So the product of legislation, especially those that set natural resource management, normatively ignore and displace the rights of indigenous peoples and local over control, management, and utilization of natural resources. Moreover, with deprivation of the rights of indigenous peoples’ customary rights and the implementation of development without taking into consideration the pattern of spatial planning, more and enlarge the conflict between the government and society.
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AVDEEV, Vadim Avdeevich, Valery Filippovich ANISIMOV, Aleksey Vital'yevich MOROZOV, Igor Mikhaylovich SHULYAK, and Tair Rustamovich KALLIMULIN. "Legal Policy to Improve the Activities of Government Bodies and the Law Enforcement System Considerring the Specifics of the Territory Northern Region." Journal of Environmental Management and Tourism 12, no. 3 (June 4, 2021): 684. http://dx.doi.org/10.14505//jemt.v12.3(51).08.
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The article explores the key directions to improve the effectiveness of legal policy on the management for small indigenous peoples in the context of globalization. The importance of the preservation and development of ethnic groups in the Northern regions is noted.
The article investigates the issues of improving the legal tools for regulating public relations related to the indigenous peoples of the North. Close attention is paid to the importance of managing the indigenous small numbered peoples of the North taking into account state policy. An analysis is given for the characteristics of indigenous peoples and their different levels of economic, social and cultural development.
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Manitowabi, Joshua. "Wii Niiganabying (Looking Ahead):." Turtle Island Journal of Indigenous Health 1, no. 1 (October 12, 2020): 59–71. http://dx.doi.org/10.33137/tijih.v1i1.34017.
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Fifty years ago, Indigenous elders and leaders drafted their response to the Statement of the Government of Canada on Indian Policy (White Paper of 1969). Their formal rebuttal, Citizens Plus (Red Paper), published in 1970, was a turning point in Indigenous education policy. It marked the beginning of the shift away from government-controlled, assimilationist educational policies to greater Indigenous control over funding and pedagogical methods. The Red Paper refuted the White Paper’s main conclusions and stated that Indigenous peoples are “citizens plus” because the federal government is legally bound to provide Indigenous peoples with services in exchange for the use of the land they occupy. The most important Indigenous rights to be upheld included education, health care, Aboriginal status, and Aboriginal title. These unique rights recognized that Indigenous peoples are the original owners of all the natural resources on their traditional treaty lands. The Red Paper became a political turning point for Indigenous peoples in Canada by presenting an Indigenous vision for a new political and legal relationship between Canada and Indigenous peoples based on Aboriginal and treaty rights. Since the 1970s, Indigenous leaders have struggled to maintain control of educational funding while having to abide by provincial standards of educational curricula. Indigenous communities want to provide more positive learning experiences and positive identity through reconceptualizing educational curricula. They are exploring ways to indigenize the educational experience by igniting cultural resurgence through the integration of Indigenous languages, knowledge, culture, and history by reconnecting students to their elders, land, and communities.
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Mestnikova, Akulina. "Civilian Initiatives of Indigenous Peoples in the Sphere of Language Policy." Sibirica 17, no. 3 (December 1, 2018): 83–91. http://dx.doi.org/10.3167/sib.2018.170308.
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The article provides an overview of recent initiatives spearheaded by indigenous peoples in the Sakha Republic (Yakutia) that seek to improve the existing language policy put forth by the state government. Although there has been some research conducted on the activities of public organizations and associations of indigenous peoples in the region, more must be done to better understand activities specifically related to language policy. The article presents a history of indigenous and minority organizing in the republic since the end of the Soviet era, with special attention paid to the campaigns regarding the status of native language and its presence within the educational sphere. It then analyzes the results of a 2011 sociological study regarding people’s beliefs about responsibility for native language maintenance and revitalization.
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Ghiggi Junior, Ari, and Esther Jean Langdon. "Reflections on intervention strategies with respect to the process of alcoholization and self-care practices among Kaingang indigenous people in Santa Catarina State, Brazil." Cadernos de Saúde Pública 30, no. 6 (June 2014): 1250–58. http://dx.doi.org/10.1590/0102-311x00108613.
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This article, based on ethnographic research on the Xapecó Indigenous Reservation in Santa Catarina State, Brazil, examines the sociocultural context of the use of alcoholic beverages among the Kaingang indigenous people. The authors also discuss the experience with an intervention involving government agencies and nongovernmental organizations that attempted to deal with alcohol-related problems on the reserve. Based on the concepts of alcoholization and self-care practices, the study analyzes the possibilities for organizing health intervention practices with indigenous peoples, in light of the principle of differentiated care under Brazil’s National Healthcare Policy for Indigenous Peoples.
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Christmas, Sandy Kurnia, Ichsan Muhajir, and Imam Wicaksono. "Implementation of the recognition and respect of the Dayak Iban Semunying customary law community in human rights and SDGs." Jurnal Hukum Volkgeist 4, no. 2 (June 10, 2020): 108–17. http://dx.doi.org/10.35326/volkgeist.v4i2.427.
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Weak implementation of the recognition and respect for Indigenous Peoples of Iban Semunying be problems related to their discriminatory practices in running a government policy. Why is the implementation of the recognition and respect for the Indigenous People of Dayak Iban Semunying still weak and how the principles of human rights and the Sustainable Development Goals are the two issues raised in this article. In this study it aims to find out what are the things that form the basis of the weak protection of indigenous peoples. The results of this study are expected to provide insight into the protection of the rights of indigenous peoples with a perspective of sustainable development goals.
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Mayastuti, A., M. Jamin, and H. Purwadi. "Building a food sovereign society through indigenous forest establishment policy." IOP Conference Series: Earth and Environmental Science 1114, no. 1 (December 1, 2022): 012064. http://dx.doi.org/10.1088/1755-1315/1114/1/012064.
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Abstract The development of multicomplex food sovereignty necessitates a multisectoral approach, which requires cross-sectoral coordination on the part of the government as the policymaker in the food sector in order to build effective food security at the national level in Indonesia. The goal of this research is to encourage the Indonesian government to build a local food system through empowering local farmers especially indigenous peoples after the establishment of customary forests. The research is doctrinal legal research with a statutory approach using the hermeneutic interpretation method. The results showed that the participation of regional food agencies remains minimal in reality. This institutional crisis within the government’s food sovereignty agencies, coupled with a lack of political commitment and political will, has implications for the failure of food security programs in Indonesia. In order to achieve food sovereignty in Indonesia, Constitutional Court Decision No. 25/PUU-X/2012 becomes the primary basis for strengthening the rights of indigenous communities over indigenous forest ownership. Food sovereignty can only be reached by mastering green technology that fits the needs of indigenous peoples and is based on their traditional ways of doing things so that a follow-up policy that favors indigenous peoples is needed.
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Boyer, Roger A. "Indigenous healthcare: Caterpillars to butterflies, case study supporting transformation." Healthcare Management Forum 32, no. 1 (December 4, 2018): 40–43. http://dx.doi.org/10.1177/0840470418809395.
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The Canadian Government released a document to aid in the relationships between the Government of Canada and First Nations around the ratification and redesign of the Indian Act of 1876. The name of this document was the “White Paper.” The Federal Government's “White Paper, statement of Government of Canada on Indian Policy of 1969,” rejected the concept of special status for First Nations within confederation—they should have the same rights and responsibilities as other Canadians. The Federal Government argued treaty rights were irrelevant in today's society; the important issues demanding attention included economic, educational, and social problems. In Canada's assessment of the “savage” situation, the government could not see wellness wholistically addressing the poverty, social crises, and bleak future faced by most First Peoples was rooted in the very denial of treaty rights and humanness. This article pushes to educate health leaders about current circumstances contributing to racism.
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Breutigam, Dalton, and Elisabeth Fortier. "First nation policing program and policy-making." Journal of Community Safety and Well-Being 4, no. 3 (October 10, 2019): 54–57. http://dx.doi.org/10.35502/jcswb.104.
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The well-being of Indigenous peoples in Canada has been impacted by the historical interactions between the federal government and Indigenous communities. There is currently an over representation of Indigenous peoples in the justice system and a lack of police services meeting the cultural needs of First Nations communities. The Canadian government has instituted a program to assist in the appropriate delivery of police services to Indigenous communities through the First Nations Policing Program (FNPP). The purpose of this research is to explore how federal policing authorities make decisions about Indigenous policing, specifically the FNPP. Various methods of research were used, such as searching through publicly available federal policy documents and data. These resources were acquired by requesting information through the Access to Information and Privacy Act. The findings of this research demonstrate that the FNPP attempts to undertake consultations for the development of appropriate policies for First Nations communities. However, this consultation can be undermined by groupthink in small communities. Consultations might be improved using the Delphi principle, a method that assists in developing suitable policies for policing. The relevance of this discussion extends beyond the important issue of Indigenous over-representation in the justice system, also addressing the need for effective community policing for the unique circumstances of each community. Balancing community-focused expert advice using the Delphi method, and considering the risk of groupthink, consultation processes may allow individual communities to move towards effective policing using the FNPP.
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Maruyama, Hiroshi. "Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?" Polar Record 49, no. 2 (September 17, 2012): 204–7. http://dx.doi.org/10.1017/s003224741200040x.
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ABSTRACTIn 1946, the Ainu Association of Hokkaido was established by the Ainu to reclaim their lands. The 1970s and 80s saw that the association successfully put pressure on the Hokkaido Prefectural Government to take social welfare measures for the improvement of their life and make a new law counter to the Hokkaido Former Aborigines Protection Act. In 1997 the Japanese Government enacted the so-called New Ainu Law. However, it is totally different from the original draft made by the Ainu. The law does not designate the Ainu as indigenous people. Further, it is outstripped by the decision of Nibutani Dam Case that, for the first time in Japanese history, recognised Ainu right to culture and indigenousness in Japanese territory. In 2008 the Japanese Government finally recognised the Ainu as indigenous people in the wake of the UN Declaration of the Rights of Indigenous Peoples. However, the Ainu do not yet have any indigenous rights. This note chronologically outlines Japan's post-war Ainu policy, and moreover explores who and what has influenced Ainu policy and the law.
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Nakamura, Naohiro. "Realising Ainu indigenous rights: a commentary on Hiroshi Maruyama's ‘Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?’." Polar Record 50, no. 2 (June 20, 2013): 209–11. http://dx.doi.org/10.1017/s0032247413000417.
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ABSTRACTThis commentary reviews Maruyama's article ‘Japan's post-war Ainu policy: why the Japanese Government has not recognised Ainu indigenous rights?’ (Maruyama 2013a), published in this journal. Maruyama criticises the government for its reluctance to enact a new Ainu law to guarantee indigenous rights, even after Japan's ratification of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, in actuality, the government is searching for the foundation of new Ainu policies in the existing legal frameworks and trying to guarantee some elements of indigenous rights. Japan's case suggests the possibility of realising indigenous rights without the enactment of a specific law.
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Loukacheva, Natalia. "Arctic indigenous peoples' internationalism: in search of a legal justification." Polar Record 45, no. 1 (January 2009): 51–58. http://dx.doi.org/10.1017/s0032247408007742.
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ABSTRACTThis paper focuses on the evolution and development of the legal scope of governance and the right to autonomy in the Arctic context by considering contemporary indigenous internationalism through a legal lens and by employing examples from the Arctic indigenous peoples of Greenland and Nunavut. It argues that depending on national policy, partnerships, and relations, there are possibilities for considering direct international representation, and the participation of autonomous sub-national units or indigenous peoples, as a part of the right to autonomy/self-government or internal self-determination. Since indigenous peoples have a limited legal personality and capacity in international law, the states of which they are a part can take special measures to accommodate their needs.
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Thamrin, Husni. "Sosio-Eco- Religio -Culture dalam Penyelamatan Krisis Lingkungan Hidup." Dinamika Lingkungan Indonesia 5, no. 2 (July 18, 2018): 115. http://dx.doi.org/10.31258/dli.5.2.p.115-125.
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One of the ironies of the development of human civilization is the development and modernization is intended to improve the quality of human life, but it is more often the presence of people become victims of development and modernization. More ironically, land and indigenous peoples are victims of an anthropocentric perspective and government policies that do not favor the local community.This is attributable to several factors: First, the ideology of developmentalism does not incorporate local wisdom, especially regarding indigenous land policy and management and wealth preservation socio-eco-religio-cultural as an integral part of all development programs. In the ideology of developmentalism traditionalism is the opposite of modernization so that all that is traditional, including indigenous lands rich culture and local wisdom considered adaptive in the times. Second, misperceptions people who think the indigenous people of Malays as a destroyer of the environment that must be removed or relocated in order to save the environment. Yet, precisely Malays indigenous peoples are the guardians of the environment from the invasion and destruction by outside communities, immigrant communities. Third, the nature only in terms of economic value, so that the release of the entire ecological value, the local political, social, cultural, spiritual and moral associated with customary land and the lives of indigenous peoples in the surrounding. Exploit indigenous lands and natural resources for the purpose of economic development and seen off as not have negative consequences for the existence of the indigenous population. Fourth, modernization and progress of civilization seen and measured primarily by the quality of the physical-economic-capitalistic. To improve the socio-economic level of local communities, especially the Malays must be returned to the ethical values of indigenous peoples. Socio-economic rights of indigenous peoples should be recognized and guaranteed by the government. There must be political commitment at global and national levels to protect the land rights of indigenous peoples and all the wisdom of socioeconomic Through paradigm approach socio-eco-religo culture is to save the existence of indigenous land as a factor supporting economic activity and all the wealth and wisdom of traditional, it can also be save the ecological crisis is mainly caused by faulty worldview that policy makers anthropocentric-capitalistic paradigm should be changed to sosio-eco-religio culture perspective.
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Akmal, Zainul, and Rika Lestari. "Indigenous Community Existence In Indonesia's Constitution." Melayunesia Law 6, no. 1 (June 30, 2022): 19. http://dx.doi.org/10.30652/ml.v6i1.7814.
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Law enforcers in their thoughts and behavior in enforcing the law improve the existence of indigenous peoples and their traditional rights. This can be proven by the process of law enforcement starting from the police, prosecutor's office to the court that gave bad decisions. This conceptual study aims so that everyone can understand the meaning of indigenous peoples, the existence of indigenous peoples in the Indonesian constitution, and recognize and respect the existence of indigenous peoples so that justice can be upheld for indigenous peoples. Based on the study it can be concluded that indigenous peoples are people who have territory, the government, law and citizens are independent and have existed since the Indonesian state was not yet formed and the existence of indigenous peoples in the Indonesian constitution has been recognized since Indonesia's independence until now whose regulations have been clearer than previous constitutions.
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Rosnon, Mohd Roslan, and Sara Chinnasamy. "Discourse Of Indigenous Education Policy: The Malaysian Case." International Journal for Innovation Education and Research 3, no. 10 (October 31, 2015): 126–40. http://dx.doi.org/10.31686/ijier.vol3.iss10.453.
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United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was created to give Indigenous peoples the right to determine their own educational system. In article 14 it is stated that, Indigenous peoples have the right to establish and control their educational systems and institutions, providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. Since the 56 years of independence, Orang Asli has never been neglected or excluded from the governments planning in ensuring their education development. Following Foucault analytical model, this paper discusses how knowledge that constitutes power highlights the way the governing systems work in Indigenous education policy. Furthermore, this paper also deliberates on participation by the Orang Asli and the power held by them to influence the creation of education policy through three main ideas; governmentality, power/knowledge and discourses which are analytical approaches by Foucault. Based on this discussion, we can get a clear picture and better understanding the possibility of improvements in Indigenous people educational opportunities and the possibility of a more all-inclusive education development policy.
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Bogdanova, Elena, Konstantin Filant, Medeya Ivanova, Tatiana Romanenko, Ludmila Voronina, Kamrul Hossain, Praskovia Filant, Sergei Andronov, and Andrey Lobanov. "Strengthening Collaboration of the Indigenous Peoples in the Russian Arctic: Adaptation in the COVID-19 Pandemic Times." Sustainability 14, no. 6 (March 9, 2022): 3225. http://dx.doi.org/10.3390/su14063225.
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The article presents the challenges of the Indigenous peoples’ interplay with the key actors (Indigenous communities, Indigenous associations, regional governments, corporate businesses, and scientific institutions) in the Russian Arctic. Invoking actor–network theory offered knowledge to analyse how the effectiveness of this collaboration may lead to Indigenous peoples’ social adaptation in the COVID-19 times. It revealed the main problems increasing their vulnerability and making barriers to meeting sustainable development goals (SDGs). The primary sources included the data collected from expert interviews in the Yamal-Nenets Autonomous Okrug, the Nenets Autonomous Okrug, and the Murmansk region in 2020–2021. The main findings proved the gaps in the interplay of Indigenous peoples with key actors in the Russian Arctic due to insufficient interregional and international cooperation, indirect communication of governments with Indigenous peoples via Indigenous associations and communities focused mostly on supporting elites, and the lack of systematic feedback of all key actors. This collaboration must be focused on meeting SDGs and guaranteeing their economic, social, and cultural rights to maintain a traditional lifestyle and livelihoods, involving them in natural resource management, improving quality of life and well-being, increasing access to ethnocultural education, reducing inequality, and promoting Indigenous peoples’ self-government.
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Patittingi, Farida. "New Paradigm in Natural Resources Management: Securing Indigenous Peoples Rights." Hasanuddin Law Review 6, no. 1 (April 12, 2020): 56. http://dx.doi.org/10.20956/halrev.v6i1.2267.
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The multi-decade struggle of indigenous communities in Indonesia to gain recognition of their collective rights and the reluctance of the state to act on their demands, now has come to a bright spot. The rights of indigenous peoples in natural resources management –in land and forests– get more recognition as well as protection since the Constitutional Court’s decision on forest law. The recognition of indigenous peoples and their traditional rights must be followed by exclusive rights to control and managing resources in their environment, such as land or forests, as the main source of livelihood for indigenous peoples (lebensraum). Hence, a legal policy is needed from the government that regulates and provides strict and clear recognition criteria for its existence and their rights to natural resources.
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George, Emma, Tamara Mackean, Fran Baum, and Matt Fisher. "Social Determinants of Indigenous Health and Indigenous Rights in Policy: A Scoping Review and Analysis of Problem Representation." International Indigenous Policy Journal 10, no. 2 (May 21, 2019): 1–25. http://dx.doi.org/10.18584/iipj.2019.10.2.4.
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Despite evidence showing the importance of social determinants of Indigenous health and Indigenous rights for health and equity, they are not always recognised within policy. This scoping review identified research on public policy and Indigenous health through a systematic search. Key themes identified included the impact of ongoing colonisation; the central role of government in realising rights; and the difficulties associated with the provision of mainstream services for Indigenous Peoples, including tokenism towards Indigenous issues and the legacy of past policies of assimilation. Our approach to problem representation was guided by Bacchi (2009). Findings from the review show social determinants of Indigenous health and Indigenous rights may be acknowledged in policy rhetoric, but they are not always a priority for action within policy implementation.
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Avdeeva, Y. N., K. A. Degtyarenko, D. S. Pchelkina, I. A. Rumyantsev, and A. A. Shpak. "THE PRINCIPLES OF THE SOVIET NATIONAL POLICY OF 1920-1970 IN RELATION TO THE INDIGENOUS SMALL-NUMBERED PEOPLES OF THE NORTH, SIBERIA AND THE FAR EAST, COMPACTLY LIVING ON THE TERRITORY OF THE EVENKI NATIONAL (AUTONOMOUS) DISTRICT." Northern Archives and Expeditions 5, no. 3 (September 30, 2021): 8–25. http://dx.doi.org/10.31806/2542-1158-2021-5-3-8-25.
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The article is devoted to the study of the peculiarities of the Soviet national policy in the regions of the North, Siberia and the Far East. An important issue is the consideration of the actions of the Soviet government in relation to indigenous small-numbered peoples. The radical change of the state system led to the development of a new system of interethnic relations, new systems of interaction with the indigenous peoples of the North, Siberia and the Far East. New social technologies are being introduced in the fields of education, agriculture and national policy in general; local self- government bodies are being created. National policy is undergoing multiple changes, as is the history of the USSR as a whole. A special period is the war and post-war period. There are widespread changes in the economic life and culture of the peoples, their transition to a more sedentary lifestyle and, as a result, the loss of some skills of the traditional nomadic lifestyle.
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UTOMO, St Laksanto, Nam RUNGKEL, and Gatot Rambi HASTORO. "SOCIALIZATION OF INDIGENOUS COMMUNITY RIGHTS IN THE MANAGEMENT OF LAND RIGHTS IN THE TOGUTIL COMMUNITY OF EAST HALMAHERA." ICCD 3, no. 1 (October 27, 2021): 557–60. http://dx.doi.org/10.33068/iccd.vol3.iss1.422.
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This community service activity is motivated by the worsening position of Indigenous Rights that are already rooted in the lives of indigenous peoples. Weak socialization and public understanding of the importance of law that can protect themselves from the progress of the times, so this community service has the aim of (1) providing an understanding so that customary rights with their local wisdom can be protected by the government in the form of regional regulations so that in the future whoever will lead will still have legal certainty, (2) Encourage local governments to immediately make regulations (customary regulations) that can protect the rights of local indigenous peoples. This activity is a socialization of regulations so that indigenous peoples know that their rights can be protected by the government in the form of local regulations. This can be seen from the presence of one of the tribes (Togutil) at the activity location who is still living in the Halmahera forest, North Maluku, whose existence is in a mining area that has the potential to be exploited and they are vulnerable to not being involved in the management of the results, let alone being able to share it to be utilized. as much as possible for their prosperity and welfare as mandated by the 1945 Constitution, because there is no central government or local government policy that reflects the existence of the Togutil tribe as the most important part in the management of natural resources. The conclusion of this socialization activity received a positive response from the community, marked by the start of the drafting of a regional regulation with support from local academics and other related parties so that indigenous peoples will receive legal certainty over their rights.
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Hussain, Ahmed. "Key Challenges for Indigenous Peoples of Canada in terms of Oral Health Provision and Utilization: A Scoping Review." International Journal of Dentistry 2022 (September 27, 2022): 1–10. http://dx.doi.org/10.1155/2022/7511213.
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Background. The oral health of Indigenous peoples in Canada is lacking compared with their non-Indigenous counterparts. This scoping assessment aimed to investigate the obstacles of providing and using oral healthcare among Indigenous peoples in Canada. Methods. The scoping review took place between December 15, 2021 and January 10, 2022. Five key databases were examined: PubMed, Scopus, ISI Web of Science, Embase, and PROQUEST. The data were analyzed using NVIVO software to facilitate understanding of the major themes, subthemes, and codes provided. Results. Seven major themes and eighteen subthemes were identified as impacting the oral health provision and utilization of Indigenous peoples in Canada. The major themes are individual characteristics, affordability, availability, accessibility, accommodation, acceptability, and public or government policy. Thus, to improve the oral health of the Indigenous peoples in Canada, an integrated approach is required to address these obstacles. Conclusions. To address the oral health disparities among Indigenous peoples in Canada, policymakers should adopt an integrated approach.
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McCausland, Ruth. "‘I’m sorry but I can’t take a photo of someone’s capacity being built’: Reflections on evaluation of Indigenous policy and programmes." Evaluation Journal of Australasia 19, no. 2 (June 2019): 64–78. http://dx.doi.org/10.1177/1035719x19848529.
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The Australian Government has recently increased resourcing for evaluation of Indigenous programmes following critical reports by the Australian National Audit Office and Productivity Commission around their failure to significantly reduce Indigenous disadvantage. Evaluation in Indigenous affairs has a long history, although not a consistent or coordinated one. While there is significant knowledge held by those with experience in commissioning and conducting evaluations for Indigenous programmes over a number of decades that could usefully inform current efforts, there has been little research focused on this area. This article outlines the findings of qualitative research about evaluation in Indigenous policy conducted with policymakers, senior public servants, programme managers, researchers and independent evaluation consultants that sought to privilege the voices and perspectives of Aboriginal and Torres Strait Islander people. It outlines key themes derived from those interviews relating to the methods, parameters, politics and accountability around government-commissioned evaluation in Indigenous policy and programmes and concludes by canvassing ways that evaluation could better serve the interests of Aboriginal and Torres Strait Islander peoples.
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Chursina, Antonina S. "The historical experience of the state political program for the creation of Soviet centers for school education and culture in the Yenisei North in 1923–1930." Samara Journal of Science 9, no. 2 (May 29, 2020): 199–203. http://dx.doi.org/10.17816/snv202210.
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The paper aims to analyze the experiments of Soviet State to organize and develop educational centers for indigenous peoples at the villages of Yanov Stan and Tura of Turukhansk Territory. The paper discusses that, despite errors and problems in relations with indigenous peoples, a cultural center at Yanov Stan and Tura cultural base can be considered as a Soviet experiment aimed to find an acceptable form of organization of formal schooling and spread of ideological values and cultural policies of the Soviet government among indigenous peoples of the North. Soviet governments policy on educating local children also included upbringing them as native speakers of the Russian language and culture, able to assist the authorities to transform the traditional way of life of the indigenous peoples of the North and involve them in socialism building. Additionally, the tax base of the northern regions was insignificant. The Peoples Commissariat of Education of the RSFSR, responsible for organizing formal schooling, allocated funds for school construction on the leftover principle. The lack of financing hindered the development of educational centers and implementation of social programs. Altogether, the paper argues that the centers provided an opportunity to accumulate certain experience and to train teachers who were able to work with indigenous children.
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Mebri, Jhon A. "KEDUDUKAN HAK ATAS TANAH MASYARAKAT HUKUM ADAT UNTUK KEPENTINGAN UMUM." DiH: Jurnal Ilmu Hukum 13, no. 25 (February 1, 2017): 69–84. http://dx.doi.org/10.30996/dih.v13i25.2223.
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Land has a very important meaning in human life, because most of human life depends on the land. There is a close correlation between man and the land and there is no human in this world who does not need the land. The land is not only understood as an economic resource, but for others it sees the land as sacred and one of the indigenous peoples of Papua must preserve. So with the government policy to allocate land for public interest often conflict with the interest of indigenous people of Papua. Related to the procurement of land is regulated in Law No. 2 of 2012 on Land Procurement for Development for Public Interest. The focus of this research is how to recognize and regulate land rights of indigenous and tribal peoples for the public interest in Papua and how are the legal effects on customary land rights for indigenous and tribal peoples in Papua? By using normative research methods it can be concluded that the recognition and regulation of indigenous peoples' rights to land as customary rights in accordance with the provisions of the Basic Agrarian Law, the Law on Special Autonomy and Law No. 6 of 2014 on Villages, is recognized Of its existence and use in accordance with applicable provisions in indigenous and tribal peoples. However, in practice it is often not in accordance with the provisions in force in Indonesia, so as not to provide justice and legal certainty.The legal consequences of customary law community land acquisition for public interest are the form of indemnity for indigenous and tribal peoples through the agreed mechanism and the transfer of land rights of customary law community to the government.
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Pane, Erina. "Reconstruction of Indigenous Forests Planning Policy in Way Kanan Regency Following the Ruling of the Constitutional Court on Traditional Forest." FIAT JUSTISIA:Jurnal Ilmu Hukum 11, no. 1 (December 11, 2017): 15. http://dx.doi.org/10.25041/fiatjustisia.v11no1.904.
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Constitutional Court Decision No.35/ PUU-X/2012 restored the function of indigenous forests to be managed by the indigenous peoples. The ruling establishes that indigenous forest is no longer a part of the state forest but part of the forest rights. Forest rights no longer only include forests on lands of the natural/legal entity but also are located in the area of indigenous peoples. The problem in this research is how the reconstruction of indigenous forest planning policy in Way Kanan regency after the issuance of the Constitutional Court Decision No. 35 / PUU-X / 2012 on Traditional Forest. The research used here is normative juridical-empirical. The data used is secondary data and primary data, and then is performed by juridical qualitative data analysis. Based on the research results, the arrangement of indigenous forests done by Way Kanan District Government is started with the assistance and mediator, data collection, research conduct and the confirmation of the existence of customary law communities along with indigenous areas, cooperating with the partnership between indigenous peoples and the concessionaires of Forest Management Rights (HPH), and accelerate the formation Regional Regulation on the Recognition of Indigenous Peoples. Indigenous forest planning policy was blocked because Way Kanan Regional Regulation that specifically related to customary law communities has not been established, there is something confusing associated with the administration of indigenous forests and the intervention of interests of the party holding Forest Management Rights (HPH). Keyword: Reconstruction, Regulation, Indigenous Forest
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Conceição, Katyanne V., Michel E. D. Chaves, Michelle C. A. Picoli, Alber H. Sánchez, Anderson R. Soares, Guilherme A. V. Mataveli, Daniel E. Silva, Joelma S. Costa, and Gilberto Camara. "Government policies endanger the indigenous peoples of the Brazilian Amazon." Land Use Policy 108 (September 2021): 105663. http://dx.doi.org/10.1016/j.landusepol.2021.105663.
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Mangku, Dewa Gede Sudika, Ni Putu Rai Yuliartini, Ruslan Ruslan, Seguito Monteiro, and Dahlan Surat. "The Position of Indegenous People in the Culture and Tourism Developments: Comparing Indonesia and East Timor Tourism Laws and Policies." Journal of Indonesian Legal Studies 7, no. 1 (June 11, 2022): 57–100. http://dx.doi.org/10.15294/jils.v7i1.52407.
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The expansion of development brings many impacts, including in the discourse of indigenous peoples in the midst of tourism development. On the one hand, culture and indigenous peoples are the main pillars in the use of culture-based tourism such as in Bali, Indonesia, but on the other hand, tourism development raises questions about legal protection for indigenous peoples. This study aims to analyze and compare various laws and policies in tourism development in Bali (Indonesia) and Atauro (Timor Leste) and the position of indigenous peoples in the midst of various tourism policies. By comparing several related policies, this research found and confirmed that existing cultural arrangements were limited to the cultural identity of indigenous peoples and as a tourist attraction for Indonesia, but there are no regulations that give a definition of culture as an economic resource. In Timor Leste, Ecotourism management in Beloi Village is still far from the plan. The government as policy makers and facilitators impressed walk alone in terms of management tourist.
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Chuffart, Romain. "Speaking of Rights: Indigenous Linguistic Rights in the Arctic." Yearbook of Polar Law Online 9, no. 1 (December 8, 2018): 1–23. http://dx.doi.org/10.1163/22116427_009010002.
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This paper discusses and compares the evolution of language policies, laws and rights for indigenous peoples and minorities living in six of the eight Arctic states. It focuses on language rights of indigenous peoples living in the Fennoscandian Arctic (Sami people of Norway, Sweden, and Finland), in the American Arctic (Alaska) and in the Canadian Arctic (Nunavut, Northwest Territories, and Yukon). This paper also focuses on linguistic rights in Greenland. The aim of this study is to add to the discussion about how the use of indigenous languages in the public sphere (education, the judicial system, and interactions with the government) helps indigenous-language speakers who live in the Arctic to preserve their ways of life and their cultural identities. This paper posits that asymmetrical management is key to fulfilling indigenous linguistic rights. Devolution of language planning and policy implementation to the relevant local authorities often makes sense from a state viewpoint and, although it is not enough, it can be beneficial to indigenous speakers.
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Mulyadi, Edi, and Eki Furqon. "Sistem Pemerintahan Masyarakat Hukum Adat Baduy Dalam Kerangka Sistem Otonomi Daerah." Ajudikasi : Jurnal Ilmu Hukum 5, no. 2 (December 27, 2021): 165–78. http://dx.doi.org/10.30656/ajudikasi.v5i2.3536.
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Customary law communities are the most important part of the history of the development of the Indonesian nation. The contribution given by the customary law community since ancient times has been very large for the development of human civilization, especially in the aspect of order that exists in customary law. The Baduy tribe is one of the customary law communities whose existence is still maintained to this day. The Baduy customary law community has a legal system including its government system which is the hallmark of indigenous peoples. In addition to using their customary government system, Baduy as well as part of the Unitary State of the Republic of Indonesia must participate in every national policy, especially in the area of regional and village government. The recognition given by the 1945 Constitution of the Republic of Indonesia to indigenous peoples in Indonesia is the basis for the use of their respective customary law systems. Therefore, the researcher considers it necessary to conduct a study to see how the current system of governance of the Baduy customary law community is related to the existing positive law.
The research method used is a normative juridical and empirical (mixed) juridical research method to see how the normative arrangements regarding the position of the Baduy community government system are and can describe what the government system is like. The specific target to be achieved in this research is to contribute ideas to the local government and the Baduy indigenous people in terms of the position of the Baduy customary government system in terms of the existing positive law.
The results of the research carried out explain the Baduy customary law community uses a government system that originates from their customary law known as pikukuh or karuhun. Law 23/2014 on Regional Government gives authority to provincial and district governments to regulate the empowerment of indigenous peoples and the arrangement of customary villages through existing traditional institutions. This happens because community and village empowerment is included in the mandatory concurrent government affairs that are not related to basic services.
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Lafontaine, Alika T., and Christopher J. Lafontaine. "A retrospective on reconciliation by design." Healthcare Management Forum 32, no. 1 (September 27, 2018): 15–19. http://dx.doi.org/10.1177/0840470418794702.
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It is well-established that Indigenous Peoples continue to experience a lower level of health than non-Indigenous Peoples in Canada. For many health leaders, finding practical strategies to close the gap in health disparities remains elusive. In this retrospective study, we will illustrate our own experience of transformational change using design and systems thinking tools toward a primary outcome of multi-stakeholder alignment. Using this approach enabled three Indigenous Provincial/Territorial Organizations (IPTOs) representing more than 150 First Nations communities from Saskatchewan, Manitoba, and Ontario to establish the largest community-led, collaborative approach to health transformation in Canada at the time. These IPTOs have gone on to pursue some of the most ambitious health transformation initiatives in Canada and in September 2018, were granted $68 million in funding support by the Government of Canada. If health leaders are looking at an alternative approach to closing the gap in Indigenous health, alignment thinking has shown promising results.
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Charney, Hope. "Bill 618 and its Rejection." Federalism-E 22, no. 1 (May 3, 2021): 45–57. http://dx.doi.org/10.24908/fede.v22i1.14534.
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This paper will focus on the recent unanimous veto of Bill 618 by all forty-four of the Saskatchewan Party’s MLAs. The rejected bill was a plan to deal with the ongoing suicide crisis affecting the Indigenous population of the province at an exponential rate. The seriousness of this public health crisis has led to civil outrage at the rejection of the bill and has created activism and protests in response. The research of this paper addresses how the past and present governments are culpable for current social problems facing Canada’s Indigenous peoples today. Colonial policies and programs have directly created the social conditions that cause suffering to Indigenous peoples living in Canada to this day. As such, it is the responsibility of Canada’s governments to take meaningful action to address these issues. What is already known about this topic is that Saskatchewan’s Indigenous youth have some of the highest rates of suicide in the country, and even the world. I conducted my research through examining different forms of media such as journals, news articles, videos, and legal documents. The legal documents I explored were the proposed bill itself, as well as the Constitution Act, 1982 and Treaty 6. Through studying Sections 7 and 15 of the Constitution Act, 1982 and Treaty 6 it is abundantly clear that Canada has not fulfilled its obligation to the Indigenous peoples of this country. The current mental health crisis proves this is glaringly true; my findings concluded that the Canadian government has failed and continues to fail its Indigenous population regarding policy. This blatant ignorance of treaty rights may begin to become remedied through the various branches of Canadian government working together to create a trilateral solution.
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Doyle, María Magdalena, and Emilse Siares. "Indigenous Peoples’ Right to Communication with Identity in Argentina, 2009–2017." Latin American Perspectives 45, no. 3 (March 23, 2018): 55–67. http://dx.doi.org/10.1177/0094582x18766909.
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Argentine Law 26.522 on Audiovisual Communication Services recognized, among other things, the right to communication for indigenous peoples. The cases of three indigenous radio stations in northern Argentina reveal the limits and possibilities of this normative transformation and the challenges to indigenous media posed by the changes in communications policy since the 2015 change of government. La ley argentina 26.522 de Servicios de Comunicación Audiovisual reconoció, entre otras cuestiones, el derecho a la comunicación de los pueblos originarios. Los casos de tres emisoras de radio indígenas en el norte de Argentina revelan los límites y posibilidades de esta transformación normativa y los desafíos a los medios indígenas generados a partir de los cambios en política de comunicaciones desde el cambio de gobierno de 2015.
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AVDEEV, Vadim Avdeevich, Stanislav Vasilyevich ROZENKO, Igor Nikolaevich FEDULOV, Igor Mikhailovich OSPICHEV, Elena Vyacheslavovna FROLOVA, and Elena Evgenievna STEPANOVA. "The Mechanism of International Legal Support of Effective Management of Indigenous Peoples in the Northern Territories." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1095. http://dx.doi.org/10.14505//jarle.v11.4(50).03.
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The article examines the key directions to improve the effectiveness of legal means to protect the interests of the North’s indigenous minorities in the context of globalization. Attention is paid to the improvement of legal instruments for regulating public relations related to small indigenous minorities of the North. Special attention is focused on the correlation between international legal bases, national legislation and regional acts.
Close attention is paid to the role and place of small indigenous minorities in Russian Federation state policy. The state and legal transformations taking place in the context of globalization are modelling a new level of social relations and give rise to special interest in improving their traditional way of life.
The scientific rationale for new conceptual approaches is predetermined by the specificities of indigenous peoples’ social development. In this regard, the main areas of national policy applicable to the country’s indigenous population as a whole and to individual regions where they live in the twenty-first century require modernization. Preservation and development of ethnic groups requires the solution of modern problems through public authorities and self-government.
The article analyzes the priority directions of state and legal policy, goals and objectives that meet the interests to protect the rights of small indigenous peoples.
At present, it is necessary that the focus of legal policy should be directed at proclaiming and ensuring the rights of indigenous peoples, preserving their unique way of life, promoting life support in the changed conditions of the cultural and natural environment and protecting them from the negative influence of post-industrial society.
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Tsuji, Stephen R. J. "Canada’s Impact Assessment Act, 2019: Indigenous Peoples, Cultural Sustainability, and Environmental Justice." Sustainability 14, no. 6 (March 16, 2022): 3501. http://dx.doi.org/10.3390/su14063501.
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It is well documented that the colonizers of Canada have long coveted the ancestral homelands of the Canadian Indigenous peoples for settlement and development. With this end goal in mind, it is not surprising that there exists an extensive history of assimilative efforts by the colonizers with respect to the Indigenous peoples of Canada—for example, legal assimilation through enfranchisement (voluntary and involuntary) and blood quantum requirements, and cultural assimilation through residential schools and the “sixties scoop”. Another form of assimilation is environmental assimilation, that is, colonial development on Indigenous homelands to the extent whereby Indigenous cultural activities can no longer be supported in the development-transformed environment. Herein, I examine Bill C-69, a Government of Canada omnibus bill, through an environmental justice lens in the context of development across Canada on Indigenous homelands and impacts on Indigenous cultural sustainability. Specifically, Part 1 (i.e., the Impact Assessment Act, 2019) and Part 3 (i.e., the Canadian Navigable Waters Act, 2019) of Bill C-69 pose significant threats to Indigenous cultural sustainability. Through an environmental justice lens, procedural aspects include the use of the project list and scheduled waterways, the discretionary decision-making powers of the Government of Canada representatives, and the lack of acknowledgement of procedural elements of the environmental assessment processes that are constitutionally protected in comprehensive land claims. While, distributive justice aspects consist of unsustainable development from an Indigenous perspective, whereby environmental costs and benefits have been (and will be) distributed inequitably. Bill C-69 is a flawed statute that reinforces the colonial policy of assimilation.
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Guajajara, Sonia Bone, Daniela Fernandes Alarcon, and Ana Lucia de Moura Pontes. "Interview with Sonia Guajajara: the Indigenous movement in the face of the COVID-19 pandemic." Ciência & Saúde Coletiva 27, no. 11 (November 2022): 4125–30. http://dx.doi.org/10.1590/1413-812320222711.22212021en.
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Abstract In this interview, Sonia Guajajara, the executive coordinator of the Brazil’s Indigenous Peoples Articulation (APIB), addresses the analyzis and strategies developed by the Indigenous movement to face the COVID-19 pandemic. Among other topics, she highlights some of the movement’s strategies concerning communication, surveillance, and the monitoring of COVID-19, as well as its actions to support Indigenous territories, the initiatives carried out in the Legislative and Judiciary realms, the movement’s international incidence, and its articulation with academia. Sonia shows the important role played by the Indigenous movement to control the health emergency and to defend the rights of the Indigenous peoples, in the framework of intense conflicts with the federal government and setbacks in public policies.
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Paraiso, Maria Hilda Baqueiro. "Rethinking Brazilian Government Indigenous Policy for the Botocudo Indians During the 19th Century." Revista de Antropologia 35 (December 4, 1992): 75–90. http://dx.doi.org/10.11606/2179-0892.ra.1992.111327.
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This article analyses the colonial history of Brazilian states of Bahia, Minas Gerais and Espírito Santo during the 19th century, from an ethnohistorical perspective. Economical interests motiveded the the colonization of this region. The Botocudos Indians inhabited the area and as they didn't accept calmly their land invasion the colonizers used military strategies. This kind of political strategy used to "bring the progess to the area" resulted in the almost total extermination of the Botocudos. The principles on which this kind of contacts with Indian peoples were based are still present in nowa-days indigenous policies in Brazil
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Paraiso, Maria Hilda Baqueiro. "Rethinking Brazilian Government Indigenous Policy for the Botocudo Indians During the 19th Century." Revista de Antropologia 35 (December 4, 1992): 75–90. http://dx.doi.org/10.11606/2179-0892.ra.1992.111329.
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This article analyses the colonial history of Brazilian states of Bahia, Minas Gerais and Espírito Santo during the 19th century, from an ethnohistorical perspective. Economical interests motiveded the the colonization of this region. The Botocudos Indians inhabited the area and as they didn't accept calmly their land invasion the colonizers used military strategies. This kind of political strategy used to "bring the progess to the area" resulted in the almost total extermination of the Botocudos. The principles on which this kind of contacts with Indian peoples were based are still present in nowa-days indigenous policies in Brazil
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Cunneen, Chris, and Juan Marcellus Tauri. "Indigenous Peoples, Criminology, and Criminal Justice." Annual Review of Criminology 2, no. 1 (January 13, 2019): 359–81. http://dx.doi.org/10.1146/annurev-criminol-011518-024630.
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This review provides a critical overview of Indigenous peoples’ interactions with criminal justice systems. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. The review is built around a number of key arguments, including that centuries of colonization have left Indigenous peoples across all four jurisdictions in a position of profound social, economic, and political marginalization; that the colonial project, especially the socioeconomic marginalization resulting from it, plays a significant role in the contemporary over-representation of Indigenous peoples in settler-colonial criminal justice systems; and that a key failure of both governments and the academy has been to disregard Indigenous peoples responses to social harm and to rely too heavily on Western theorizing, policy, and practice to solve the problem of Indigenous over-representation. Finally, we argue that little will change to reduce the negative nature of Indigenous–criminal justice interactions until the settler-colonial state and the discipline of criminology show a willingness to support Indigenous peoples’ desire for self-determination and for leadership in the response to the social harms that impact their communities.
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Njieassam, Esther Effundem. "Gender Inequality and Land Rights: The Situation of Indigenous Women in Cameroon." Potchefstroom Electronic Law Journal 22 (April 29, 2019): 1–33. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4907.
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Land is an essential resource that serves as a means of subsistence for millions of people in the world and indigenous communities and women in particular. Most indigenous societies' survival is closely tied to land. In Cameroon, indigenous women are the backbone of food production in their communities. That makes access to land important, as it is a significant source of wealth and power for indigenous peoples in general and indigenous women in particular. While women all over the world encounter gender-based discrimination in relation to the control and ownership of land, indigenous women face triple discrimination on the basis of their gender (as women), their ethnicity (as indigenous peoples) and their economic class (economically poor). They are often dehumanised, degraded and subjected to treatment as second-class human beings despite the existence of national legislation that discourages such practices. This paper interrogates the possibility of including indigenous women in government and decision-making processes in Cameroon in the hope that they may be involved in key decision-making processes that affect them, thereby reducing their economic and social vulnerability. It concludes with some thoughtful recommendations on policy reform aimed at ensuring access to land for indigenous women as well as socio-economic justice in its broadest sense.
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Vik, Hanne Hagtvedt, and Anne Julie Semb. "Who Owns the Land? Norway, the Sami and the ILO Indigenous and Tribal Peoples Convention." International Journal on Minority and Group Rights 20, no. 4 (2013): 517–50. http://dx.doi.org/10.1163/15718115-02004002.
Full textAbstract:
In 1986, the International Labour Organization (ILO) started a process aimed at revising its 1957 Indigenous and Tribal Populations Convention (C107). This process was completed in 1989 with the adoption of the Indigenous and Tribal Peoples Convention (C169). Simultaneously, national legal and political processes in many Western states addressed the rights of their own indigenous populations. These states voted in favour of C169, but only Norway chose to ratify it – indeed, as the first country in the world, in June 1990. This article details the internal political processes within the Norwegian government, to shed light on the significance of the domestic situation in Norway for its support for C169. We find that a low degree of perceived need for domestic changes may enable states to take a leading role in creating new human rights conventions. Furthermore, the participation of government officials in international horizontal and vertical policy networks may shape the policies of their ministries and thereby those of the state.