Journal articles on the topic 'Indigenous peoples Land tenure Australia'
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1
Gray, Peter R. A. "Do the Walls Have Ears? Indigenous Title and Courts in Australia." International Journal of Legal Information 28, no. 2 (2000): 185–212. http://dx.doi.org/10.1017/s0731126500009070.
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Australia has always been a place of legal pluralism. Before the British colonists brought with them the common law and the statute law of England, there were indigenous systems of law. Indeed, there were very many of them. They did not cease to exist just because English law was imported. Sadly, for over 200 years, their existence was not officially recognised by the Anglo-Australian legal system. In 1992, in Mabo v State of Queensland [No.2], the High Court of Australia did more than “invent” native title. It made this nation officially a legally pluralist one. The common law now recognises, and gives effect to, indigenous law with respect to land tenure and, possibly, with respect to other aspects of life and death as well. Native title is what indigenous law says it is, no more and no less, except to the extent that non-indigenous law operates to “extinguish” or “impair” native title. The first inquiry in any application for a determination of native title must be as to the continuing existence of an indigenous legal system and the manner in which that legal system deals with entitlements in relation to the relevant land. If such a system survives and gives entitlement to people, it must then be asked whether non-Aboriginal law has “extinguished” or “impaired” those entitlements. In truth, this inquiry is as to whether the non-indigenous legal system has withdrawn its recognition of those entitlements, because of its creation of interests, or recognition of activities, incompatible with the continuing existence of indigenous entitlements. The entitlements continue to exist in indigenous law, despite any “extinguishment” or “impairment.”
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Castillo, Greg. "Spinifex People as Cold War Moderns." Contemporaneity: Historical Presence in Visual Culture 4 (August 3, 2015): 71–94. http://dx.doi.org/10.5195/contemp.2015.144.
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Aboriginal Australian contemporary artists create works that express indigenous traditions as well as the unprecedented conditions of global modernity. This is especially true for the founders of the Spinifex Arts Project, a collective established in 1997 to create so-called “government paintings”: the large-scale canvases produced as documents of land tenure used in negotiations with the government of Western Australia to reclaim expropriated desert homelands. British and Australian nuclear testing in the 1950s displaced the Anangu juta pila nguru, now known to us as the Spinifex people, from their nomadic lifeworld. Exodus and the subsequent struggle to regain lost homelands through paintings created as corroborating evidence for native title claims make Spinifex canvases not simply expressions of Tjukurpa, or “Dreamings,” but also artifacts of the atomic age and its impact on a culture seemingly far from the front lines of cold war conflict.
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Barber, M., S. Jackson, J. Shellberg, and V. Sinnamon. "Working Knowledge: characterising collective indigenous, scientific, and local knowledge about the ecology, hydrology and geomorphology of Oriners Station, Cape York Peninsula, Australia." Rangeland Journal 36, no. 1 (2014): 53. http://dx.doi.org/10.1071/rj13083.
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The term, Working Knowledge, is introduced to describe the content of a local cross-cultural knowledge recovery and integration project focussed on the indigenous-owned Oriners pastoral lease near Kowanyama on the Cape York Peninsula, Queensland. Social and biophysical scientific researchers collaborated with indigenous people, non-indigenous pastoralists, and an indigenous natural resource management (NRM) agency to record key ecological, hydrological and geomorphological features of this intermittently occupied and environmentally valuable ‘flooded forest’ country. Working Knowledge was developed in preference to ‘local’ and/or ‘indigenous’ knowledge because it collectively describes the contexts in which the knowledge was obtained (through pastoral, indigenous, NRM, and scientific labour), the diverse backgrounds of the project participants, the provisional and utilitarian quality of the collated knowledge, and the focus on aiding adaptive management. Key examples and epistemological themes emerging from the knowledge recovery research, as well as preliminary integrative models of important hydro-ecological processes, are presented. Changing land tenure and economic regimes on surrounding cattle stations make this study regionally significant but the Working Knowledge concept is also useful in analysing the knowledge base used by the wider contemporary indigenous land management sector. Employees in this expanding, largely externally funded, and increasingly formalised sector draw on a range of knowledge in making operational decisions – indigenous, scientific, NRM, bureaucratic and knowledge learned in pastoral and other enterprises. Although this shared base is often a source of strength, important aspects or precepts of particular component knowledges must necessarily be deprioritised, compromised, or even elided in everyday NRM operations constrained by particular management logics, priorities and funding sources. Working Knowledge accurately characterised a local case study, but also invites further analysis of the contemporary indigenous NRM knowledge base and its relationship to the individual precepts and requirements of the indigenous, scientific, local and other knowledges which respectively inform it.
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Ash, Andrew, and Ian Watson. "Developing the north: learning from the past to guide future plans and policies." Rangeland Journal 40, no. 4 (2018): 301. http://dx.doi.org/10.1071/rj18034.
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The development of northern Australia has been a policy ambition for over a century and the desire to do so continues unabated. Attempts to develop the north, especially for more intensive forms of agriculture are not new. In this paper we explore past agricultural developments, including some that persist today and those that have failed, to determine critical factors in success or failure. This was done with the aim of identifying where most effort should focus in supporting contemporary agricultural developments. Although climatic and environmental constraints, including pests and diseases, remain a challenge for agricultural development in these largely tropical rangelands, it is mainly factors associated with finances and investment planning, land tenure and property rights, management, skills, and supply chains, which provide the critical challenges. In particular, the desire to scale-up too rapidly and the associated failure to invest sufficient time and resources in management to learn how to develop appropriate farming systems that are sustainable and economically viable is a recurrent theme through the case study assessment. Scaling up in a more measured way, with a staged approach to the investment in physical capital, should better allow for the inevitable set-backs and the unexpected costs in developing tropical rangelands for agriculture. There are two notable differences from the historical mandate to develop. First is the acknowledgement that development should not disadvantage Indigenous people, that Indigenous people have strong interests and rights in land and water resources and that these resources will be deployed to further Indigenous economic development. Second, assessing environmental impacts of more intensive development is more rigorous than in the past and the resources and timeframes required for these processes are often underestimated.
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Hansungule, Michelo, and Ademola Oluborode Jegede. "The Impact of Climate Change on Indigenous Peoples’ Land Tenure and Use." International Journal on Minority and Group Rights 21, no. 2 (June 12, 2014): 256–91. http://dx.doi.org/10.1163/15718115-02102004.
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In Africa, owing to a lifestyle that is culturally and collectively dependent on land and its natural resources, indigenous peoples are adversely affected by climate change. This is despite the fact that they contribute least to its cause. While this situation requires the protection of indigenous peoples’ land tenure and use, this is generally not yet the reality in the domestic laws of states in Africa. Premised on four propositions, this article makes a case for a regional policy to safeguard indigenous peoples’ land tenure and use in the light of climate change challenge in Africa. In the main, the propositions are: the indigenous peoples have a distinctive perception of land tenure and use relevant for adaptation and mitigation purposes; the land tenure and use is adversely affected by climate change; there is weak protection of indigenous peoples’ land tenure and use under the national and international climate change response frameworks, particularly the National Adaptation Programmes Plan of Action (napa) documentation as well as land-related Clean Development Mechanism (cdm) and redd+ mitigation initiatives; and there are emerging regional activities with the potential to crystallise into a statement of policy. The proposed policy which should embody detailed normative and institutional safeguards on land tenure and use, the article recommends, can be initiated by the African Ministerial Conference on the Environment (amcen) and the African Commission on Human and Peoples’ Rights (African Commission) for the protection of indigenous peoples facing the adverse impact of climate change in Africa.
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Haryanto, Ririn V., Marthina Tjoa, and Husain Marasabessy. "Hak Tenurial Masyarakat Adat Dalam Pengelolaan Hutan." MAKILA 13, no. 2 (December 21, 2019): 139–49. http://dx.doi.org/10.30598/makila.v13i2.2440.
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The certainty of tenure rights has been a problem related to the use of forests by indigenous peoples. This study aims to identify indigenous peoples' existence and find out the forms of customary tenure rights in forest land management. The method used in this study is a qualitative method with a descriptive analysis to provide a true and accurate picture of the tenure rights of indigenous peoples. Research results show that indigenous peoples are still healthy with traditional institutions, and universal values are always maintained. The tenure system in Wakal is controlled by the State, control by the clan, and control by the individual family. There are forms of tenure rights in the three tenure systems that include ownership rights, tenure rights, exclusive voting rights, and proprietary use rights that are still actively applied in forest management.
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Tjoa, Marthina, Didik Suharjito, Hariadi Kartodiharjo, and Endriatmo Soetarto. "Forest Land Tenure Rights on Indigenous Peoples in Honitetu Village West Seram District, Maluku." Jurnal Sylva Lestari 6, no. 3 (October 2, 2018): 91. http://dx.doi.org/10.23960/jsl3691-102.
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Forest land tenure systems for indigenous peoples are always debated by various parties regarding the overlapping interests and rights of forest land. Objective of this study is to analyze the types of indigenous peoples' rights to strengthen forest land tenure systems in Honitetu Village, West Seram Regency. The research approach used is Participatory Action Research by building constructs of meaning between researchers and society repeatedly to obtain an understanding of the information discussed. Data were obtained through key informant interviews and focus group discussions conducted repeatedly. The analysis was carried out at each stage of the interview and discussion by making categorization of data to get an understanding of each data obtained. The results of study show that the system of forest land tenure in indigenous communities in Honite village includes control by the whole community (petuanan), control by clan groups (soa) and control by individuals (families). In these three systems, various types of rights are attached to managing and utilizing forest resources. The set of rights contained in indigenous peoples will be even stronger if it includes the linkage of longtime dimensions, the dimensions of space for the use of vertical or horizontal space, the dimensions of the subject with fixed ownership and the dimensions of the object include the results of forest land that provides full benefits.Key words: forest land tenure rights, indigenous people, forest management
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Mailissa, Ani, Thomas M. Silaya, Husain Marasabessy, and Mersiana Sahureka. "Kajian Hak Tenurial Masyarakaat Adat Dalam Pengelolaan Hutan di Dusun Melinani Kecamatan Seram Utara Kabupaten Maluku Tengah." MAKILA 15, no. 2 (December 31, 2021): 141–50. http://dx.doi.org/10.30598/makila.v15i2.4842.
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The tenure rights of indigenous peoples over the management of natural resources is an exciting topic because the existence of indigenous law communities depends on forest natural resources. This study aims to find out the types of rights of indigenous peoples in forest management in Melinani Hamlet. The method used in this study is a qualitative descriptive method. The data collection techniques used are interviews and observation techniques. The results of the survey showed the tenure rights of the people of Melinani Hamlet, North Seram District of Central Maluku Regency, included six types of rights, namely extraction rights, management rights, renting rights, guaranteed rights, selling rights, and inheritance rights to access and manage forests in Hkm. The land tenure system is based on petuanan, clan, and individuals with diverse utilization patterns. According to soa Mailissa's predominantly land tenure, the land tenure system includes extraction rights, management rights, and inheritance rights. The marga system by the Mailissa Clan and individually carried out by the head of the family.
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Drbohlav, Petr, and Jiri Hejkrlik. "Indigenous Peoples’ Struggle for Secure Land Tenure in the Philippines: Case Study of Higaonon Tribe in Opol, Mindanao." Asian Social Science 13, no. 7 (June 23, 2017): 38. http://dx.doi.org/10.5539/ass.v13n7p38.
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Indigenous peoples worldwide struggle for control over land and natural resources against encroachment of state interests, external development and commercial pressures such as agribusiness, dams, logging and mining. Their battle to protect land and natural resources is at the same time the struggle to preserve indigenous culture and traditions often inextricably linked to the land itself. The Philippine Indigenous Peoples Rights Act recognizes the indigenous peoples’ rights to their ancestral lands and domains and offers a way of improving their land tenure security. The article employs case study design to illustrate the implementation gap between the rights of indigenous peoples in law and practice and the role different stakeholders play in securing indigenous peoples’ land tenure and dealing with palm oil agribusiness and mining industries’ interests in ancestral domains on the case of Higaonon tribe in Misamis Oriental province, Mindanao. The methodology for data collection was focus group discussions and key informant interviews with representatives of tribal leaders and members, non-government organizations and government bodies. Our results indicate that conflicting laws and mandates of various government bodies and lack of coordination between them, as well as lack of resources and political will to implement the Indigenous Peoples Rights Act are important factors behind slow issuance of ancestral domain titles. At the same time, we show that significant factor in the land tenure insecurity of indigenous peoples is disunity within the tribe and conflicting interests of its members and clans used by companies to further enhance their business interests. r, regarding weaving and finishing the rim, it should be done neatly without visible welded joints, and also 5) the product quality: each part is assembled fixing by leather, inside of the product is attached by cloth as well as filled with leftover fabric. Besides, the sewing should be considerably emphasized the strength to carry weight. In addition, the overall assessment of handcraft vetiver seat cushion model is at a high level.
10
Dore, Jeremy, Christine Michael, Jeremy Russell-Smith, Maureen Tehan, and Lisa Caripis. "Carbon projects and Indigenous land in northern Australia." Rangeland Journal 36, no. 4 (2014): 389. http://dx.doi.org/10.1071/rj13128.
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Land activities contribute ~18% of total greenhouse gas emissions produced in Australia. To help reduce these emissions, the Carbon Farming Initiative (CFI) was implemented in 2011 to encourage land projects, which reduce the production of greenhouse gases and/or sequester carbon in the land. Prospective projects include savanna fire management and rangelands management, which have high relevance in northern Australia where Indigenous landholding is strong. This paper explores the land-tenure requirements necessary for these kinds of carbon projects to be approved by the Clean Energy Regulator. It provides an introduction to the CFI before discussing the land tenure requirements in the states of Queensland, the Northern Territory and Western Australia with respect to both emissions reduction and carbon sequestration projects. Potential issues with the current framework are highlighted, especially in relation to native title.
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Eisenstadt, Todd A. "Agrarian Tenure Institution Conflict Frames, and Communitarian Identities." Comparative Political Studies 42, no. 1 (November 7, 2008): 82–113. http://dx.doi.org/10.1177/0010414008325273.
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Drawing on a survey of more than 4,000 respondents, this article argues that contrary to claims by the 1994 Zapatista insurgency, indigenous and nonindigenous respondents in southern Mexico have been united more by socioeconomic and land tenure institution variables than by ethnic identity. Based on statistical models, it concludes that in rural southern Mexico, ethnicity alone is less important in shaping peoples' attitudes than whether the dominant land tenure institutions are the “communitarian” state-penetrated ejidos (communitarian collective farms) of Chiapas or the more “individualist” so-called communal lands of Oaxaca. It concludes by affirming that—contrary to many analysts of Chiapas's 1994 indigenous rebellion—external influences (here state-established land tenure institutions) can trump ideology in framing social movements. Rural Chiapas's prevalent communitarian attitudes seem to have resulted partly from exogenous land tenure institutions (ejidos) rather than from endogenous indigenous identities alone, as claimed by Zapatistas and scholars.
12
Gilbert, Jérémie. "Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title." International and Comparative Law Quarterly 56, no. 3 (July 2007): 583–611. http://dx.doi.org/10.1093/iclq/lei183.
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AbstractWithin common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving from prior occupation. The article analyses how the common law doctrine builds a bridge between past events and contemporary land claims. The aim of this article is to examine to what extent the common law doctrine proposes a potential model for the development of a legal theory on the issue of indigenous peoples' historical land claims. In doing so the article analyses how the common law doctrine compares with international law when dealing with historical arguments by focusing on issues of intertemporal law and extinguishment.
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Pujiriyani, Dwi Wulan, M. Nazir Salim, and Maya Rahelia Soinbala. "Agrarian Reform and Indigenous Peoples: Land Management Practices of Boti Tribe." Marcapada: Jurnal Kebijakan Pertanahan 2, no. 1 (November 30, 2022): 64–73. http://dx.doi.org/10.31292/mj.v2i1.27.
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The viability of traditional tenure practices is being dealt with seriously by the privatization process. In this case, it is necessary to take sides to save the remnants of the collective heritage management of the community over shared resources, one of which appears in the context of Boti Tribe. Through Boti, the vertical redistribution model and the horizontal redistribution model can be reflected simultaneously. This vertical redistribution is related to the authority of customary leaders in regulating land tenure and use for all members of the community. Meanwhile, horizontal redistribution is related to resource management carried out among community members. This system works simultaneously and does not present feudal obligations as the base of production relationships built in the feudal hierarchical system. Boti tribe is included in the category of people who are still alive and have tribal customary land areas so that their existence can be confirmed. After receiving recognition from the local government, the identification process can be carried out by recording, measuring, and mapping. If the final product is the issuance of certificates, the only suitable protection mechanism in the case of Boti Tribe is through the issuance of communal certificates.
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Rosales, Christian A. "Territories of Fire : Indigenous Communities, Land, and Anarchy Among a Highland People in Mindoro." Journal of Ethnology and Folkloristics 16, no. 2 (December 1, 2022): 239–72. http://dx.doi.org/10.2478/jef-2022-0021.
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Abstract The article challenges the assumption that land tenure is contingent on acquiring a land title. It argues that for Indigenous peoples a land may be delineated, occupied, utilised, and collectively owned through the concept of territoriality. Through a combined ‘anarchist anthropology’ and political ecology the article provides ethnographic evidence from among the Tau-Buhid as a case in point to show that through their everyday relationship with fire and ignition practices territoriality is reinforced among their communities as a basis of land tenure. Thus, despite efforts of the Philippine state to phase out all kinds of fire practice on their land, a portion of which is a declared protected area, ignition continues as a way of orchestrating territorial autonomy against state sovereignty in the highlands. Ultimately, through such practices Indigenous lands have metaphorically transformed into ‘territories of fire’, a frontier where the state is irrelevant to Indigenous life and where state-control apparatuses are inoperable.
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Letnar Černič, Jernej. "Obligaciones de los Estados en materia de derechos territoriales indígenas." Deusto Journal of Human Rights, no. 11 (December 11, 2017): 41. http://dx.doi.org/10.18543/aahdh-11-2013pp41-74.
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<p>This article examines state obligations under indigenous territorial rights. The cultural survival and development of indigenous peoples depends on their spiritual and factual connection with their lands. It argues that indigenous ancestral land rights derive from international and national law. Indigenous customs prefer a collective land tenure system to individual property rights. State obligations regarding indigenous ancestral land rights are based on international human rights treaties and national systems. In short, the paper argues that states have an obligation to respect, protect, and fulfil indigenous land rights. This article also examines their enforcement in the international and domestic arenas.</p><p><strong>Published online</strong>: 11 December 2017</p>
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Kretzler, Ian. "Archives of Native Presence: Land Tenure Research on the Grand Ronde Reservation." American Indian Culture and Research Journal 41, no. 4 (July 1, 2017): 45–70. http://dx.doi.org/10.17953/aicrj.41.4.kretzler.
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Under the banner of indigenous and collaborative archaeologies, heritage professionals and indigenous peoples have developed new forms of scholarly practice. This work has begun to rectify the discipline's historical marginalization of indigenous groups but remains skewed toward academic projects. Less attention has been paid to the hundreds of Tribal Historic Preservation Offices within tribal nations. This article argues that tribal historic preservation provides needed insight to heritage managers of all stripes. Using the Grand Ronde Land Tenure Project as a case study, I discuss how tribally-driven archival research fosters new accounts of Native history and enhances tribes' capacity to care for cultural resources.
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Domínguez, Lara, and Colin Luoma. "Decolonising Conservation Policy: How Colonial Land and Conservation Ideologies Persist and Perpetuate Indigenous Injustices at the Expense of the Environment." Land 9, no. 3 (February 25, 2020): 65. http://dx.doi.org/10.3390/land9030065.
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The livelihoods of indigenous peoples, custodians of the world’s forests since time immemorial, were eroded as colonial powers claimed de jure control over their ancestral lands. The continuation of European land regimes in Africa and Asia meant that the withdrawal of colonial powers did not bring about a return to customary land tenure. Further, the growth in environmentalism has been interpreted by some as entailing conservation ahead of people. While this may be justifiable in view of devastating anthropocentric breaching of planetary boundaries, continued support for “fortress” style conservation inflicts real harm on indigenous communities and overlooks sustainable solutions to deepening climate crises. In reflecting on this issue from the perspective of colonial land tenure systems, this article highlights how ideas—the importance of individualised land ownership, cultivation, and fortress conservation—are intellectually flawed. Prevailing conservation policies, made possible by global non-governmental organisations (NGOs) and statutory donors, continue to harm indigenous peoples and their traditional territories. Drawing from the authors’ experience representing the Batwa (DRC), the Ogiek and Endorois (Kenya) and Adivasis (India) in international litigation, this paper examines the human and environmental costs associated with modern conservation approaches through this colonial lens. This article concludes by reflecting on approaches that respect environmental and human rights.
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Errico, Stefania, and Priscilla Claeys. "Human Rights and the Commons: Exploring Approaches to the Governance of Land and Natural Resources beyond Indigenous Peoples’ Rights. The Case of Peasants." International Journal on Minority and Group Rights 27, no. 1 (December 16, 2020): 1–33. http://dx.doi.org/10.1163/15718115-02604123.
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Abstract Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resources beyond the case of indigenous peoples’ rights. It argues that undrop contains key and mutually reinforcing elements of the human rights and collective action approaches to the governance of land and natural resources, and therefore has the potential to ensure the social and environmental ‘viability’ of the commons.
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Utomo, Laksanto, and Journal Manager APHA. "Legal Protection of Land Control of Baduy Indigenous People and Sedulur Sikep." Journal of Indonesian Adat Law (JIAL) 1, no. 1 (October 15, 2020): 63–108. http://dx.doi.org/10.46816/jial.v1i1.17.
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Applicability of UUPA, a step forward in the land law, but with the foundation of land tenure and the former western lands that are not owned by an individual into a state land "directly controlled by the State to the maximum benefit of the people", it becomes a big problem, what is it? Proof of ownership of land should be formal and based on the written evidence proved village government (Lurah), how to indigenous peoples who are not familiar with reading and writing, they are farmers working in the tradition to the next. In the Local Rules Samin people not give legal protection to ownership. Meanwhile the Lebak’s District Government issued Decree’s No. 32, 2001 About Protection of Land Rights Baduy society, to guarantee the continuity of the Baduy. This local regulation should be used as an example for legal protection against indigenous peoples.
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Lloyd, Genevieve. "No One's Land: Australia and the Philosophical Imagination." Hypatia 15, no. 2 (2000): 26–39. http://dx.doi.org/10.1111/j.1527-2001.2000.tb00312.x.
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Drawing on the work of Michèle Le Dœuff, this paper uses the idea of “philosophical imagination” to make visible the historical intersection between philosophical ideas, social practice, and institutional structures. It explores the role of ideas of “terra nullius” and of the “doomed race” in the formation of some crucial ways in which non-indigenous Australians have imagined their relations with indigenous peoples. The author shows how feminist reading strategies that attend to the imaginary open up ways of rethinking processes of inclusion and exclusion.
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Birckhead, Jim. "Monitored Lives: Writing Indigenous Land Management and the State (Part One)." Practicing Anthropology 23, no. 1 (January 1, 2001): 32–35. http://dx.doi.org/10.17730/praa.23.1.kl705833845056h5.
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Anthropologists in Australia are becoming increasingly involved in government contract work on Indigenous land tenure and management issues, most of which require some ‘expert’ input to help authenticate cultural identity and establish connection to ‘country’. In this paper I have reviewed some issues and themes drawn from my uneven and serendipitous work as an anthropologist. This work has been done as both an academic and practitioner, over the past couple of decades on Indigenous land tenure, hunting, management, and ranger training at this dynamic and contentious interface between Indigenous cultural processes and government agencies. My aim is to raise questions of both ethics and epistemology and to reflect on the work of the anthropologist in these domains, without attempting to systematically cover all of the possible issues.
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Brunori, Margherita. "Protecting access to land for indigenous and non-indigenous communities: A new page for the World Bank?" Leiden Journal of International Law 32, no. 3 (June 6, 2019): 501–16. http://dx.doi.org/10.1017/s0922156519000232.
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AbstractThe World Bank has reviewed its environmental and social policies at a moment of intense production of international instruments dealing with land tenure, all of which take the form of soft law. This endeavour is motivated by the progressive acknowledgement of the importance of secure and equitable access to land for the realization of human rights and food security. The latest contribution of the World Bank to this debate is of great significance. This article aims to unveil the effects that the new Environmental and Social Framework is likely to generate in this context. It analyses the protection of access to land and security of tenure contained in the World Bank’s Environmental and Social Standards in light of the developments occurring at the international level. To this end, the article reviews the changes to the standards in the context of the social impacts when a lending project affects land holders or users directly or indirectly; addresses the mechanisms for protecting, compensating and improving livelihood opportunities for those affected by the projects; and comments on the safeguarding of indigenous peoples’ lands. The article finds that the World Bank, by incorporating some of these emerging standards, has confirmed the relevance of emerging principles and guidelines on land, even if they are contained in non-binding instruments. On a critical note, the article recognizes the refusal of the World Bank to adopt the underlying discourse and fully embrace human rights achievements in the context of land issues.
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Fahmi, Chairul, and Muhammad Siddiq Armia. "Protecting Indigenous Collective Land Property in Indonesia under International Human Rights Norms." Journal of Southeast Asian Human Rights 6, no. 1 (June 30, 2022): 1. http://dx.doi.org/10.19184/jseahr.v6i1.30242.
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This essay examines the applicability of international human rights instruments as the legal basis to protect indigenous rights to land, territories, and natural resources to non-ratification countries of the Convention on indigenous peoples’ rights, especially to the Indonesian context. In the last few decades, the United Nations has developed and recognized the rights of indigenous peoples, including rights to their ancestral lands, territories, and resources. These rights have been stipulated in several instruments, such as the ILO Conventions No.169 and UNDRIP. Nevertheless, most Asian and African countries have not ratified the Treaty, including Indonesia. Consequently, the rights failed to be adopted into national policies, which the ratification is a pre-condition before came into force through the national regulations. Indonesia also doubted the exclusive rights of land, territories, and resources traditionally owned by indigenous peoples. Legally, lands, territories, and resources are controlled by the States, as mentioned in Article 33 of the 1945 Constitutional law. Economically, Indonesia relies on land, territories, and natural resources to boost its national revenues. To achieve this aim, the expropriation of indigenous land and territories often occurs through land concession policy for private or state-owned companies. As a result, land tenure and social conflict were common phenomena from the New Order Regime until the current day. This conflict spreads across the country from the west part (Sumatra) to the east of Indonesia (Papua). Therefore, author argues that applying general international human rights instruments will be an alternative approach in protecting the fundamental rights related to their traditional land rights in the Indonesian context.
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Foran, Barney. "Australian rangeland futures: time now for systemic responses to interconnected challenges." Proceedings of the Royal Society of Victoria 133, no. 1 (2021): 7. http://dx.doi.org/10.1071/rs21001.
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Australia’s rangelands contain wildlands, relatively intact biodiversity, widespread Indigenous cultures, and pastoral and mining industries, all set in past and present events and mythologies. The nature of risks and threats to these rangelands is increasingly global and systemic. Future policy frameworks must acknowledge this and act accordingly. This paper collates current key information on land tenures and land uses, people and domestic livestock in Australian rangelands, and discusses five perspectives on how the rangelands are changing, in order to inform the development of integrated policy – climate and environmental change; the southern rangelands; the northern rangelands; Indigenous Australia; and governance and management. From these perspectives, more attention must be paid to ensuring a social licence to operate across a range of uses, acknowledging and supporting a younger, more Indigenous population, implementing positive aspects of technological innovation, halting capital and governance leakages, and building human capacity. A recommended set of systemic responses should therefore (i) address governance issues consistently and comprehensively, (ii) ensure that new technologies can foster the delivery of sustainable livelihoods, and (iii) focus capacity-building on a community of industries where knowledge is built for the long-term. All three of these should be undertaken with an eye to the changing demographics of the rangelands.
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Foran, Barney, Mark Stafford Smith, Don Burnside, Martin Andrew, Don Blesing, Kate Forrest, and John Taylor. "Australian rangeland futures: time now for systemic responses to interconnected challenges." Rangeland Journal 41, no. 3 (2019): 271. http://dx.doi.org/10.1071/rj18105.
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Australia’s rangelands contain wildlands, relatively intact biodiversity, widespread Indigenous cultures, pastoral and mining industries all set in past and present events and mythologies. The nature of risks and threats to these rangelands is increasingly global and systemic. Future policy frameworks must acknowledge this and act accordingly. We collate current key information on land tenures and land uses, people and domestic livestock in Australian rangelands, and discuss five perspectives on how the rangelands are changing that should inform the development of integrated policy: climate and environmental change, the southern rangelands, the northern rangelands, Indigenous Australia, and governance and management. From these perspectives we argue that more attention must be paid to: ensuring a social licence to operate across a range of uses, acknowledging and supporting a younger, more Indigenous population, implementing positive aspects of technological innovation, halting capital and governance leakages, and building human capacity. A recommended set of systemic responses should therefore (i) address governance issues consistently and comprehensively, (ii) ensure that new technologies can foster the delivery of sustainable livelihoods, and (iii) focus capacity building on a community of industries where knowledge is built for the long-term, and do all three of these with an eye to the changing demographics of the rangelands.
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Miranda, Marcelo Marques. "The Resurgence of the Heritage of Indigenous Peoples of Thailand in the Aftermath of Development." Journal of Heritage Management 4, no. 1 (June 2019): 73–84. http://dx.doi.org/10.1177/2455929619864460.
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The dichotomy between nature and culture in heritage and conservation is inappropriate in the case of indigenous peoples. Many natural sites are often considered sacred and consequently of both spiritual and biodiversity conservation significance. However, this dualist definition is the one usually imposed by nation states. Until 2002, Thailand’s development strategies involving indigenous peoples were mostly connected to what was referred to as the ‘hill tribes’ problems’. These strategies were designed without respecting indigenous peoples’ world views and concepts of good life. Consequently, a fragmentary world view was created among indigenous peoples. These issues are reflected in the establishment of national parks and ‘heritage sites’ as the lack of participation and consent generated many conflicts such as land tenure disputes, resettlement of the communities, difficulties in acquiring citizenship and cultural loss. As a counteracting measure, indigenous peoples have been creating community museums and organizations at local, regional and even transnational level to sustain their cultures and territories. This article suggests that heritage can play a role in a wide range of social, political and economic endeavours in our contemporary world and is used both by nation states to legitimize their interests and by indigenous peoples to legitimize struggles for self-determination.
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Chipofya, Malumbo C., Sahib Jan, and Angela Schwering. "SmartSkeMa: Scalable Documentation for Community and Customary Land Tenure." Land 10, no. 7 (June 22, 2021): 662. http://dx.doi.org/10.3390/land10070662.
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According to the online database landmarkmap, up to an estimated 50% or more of the world’s habitable land is held by indigenous peoples and communities. While legal and procedural provisions are being made for bureaucratically managing the many different types of tenure relations in this domain, there continues to be a lack of tools and expertise needed to quickly and accurately document customary and indigenous land rights. Software and hardware tools that have been designed for documenting land tenure through communities continue to assume a parcel-based model of land as well as categories of land relations (RRR) largely dimensionally similar to statutory land rights categories. The SmartSkeMa approach to land tenure documentation combines sketching by hand with aerial imagery and an ontology-based model of local rules regulating land tenure relations to produce a system specifically designed to allow accurate documentation of land tenure from a local perspective. In addition, the SmartSkeMa adaptor which is an OWL-DL based set of rules for translating local land related concepts to the LADM concepts provides a more high-level view of the data collected (i.e., what does this concept relate to within the national LADM profile?) In this paper we present the core functionalities of SmartSkeMa using examples from Kenya and Ethiopia. Based on an expert survey and focus groups held in Kenya, we also analyze how the approach fairs on the Fit-for-Purpose Land Administration tools scale. The results indicate that the approach could be beneficial in scaling up mapping of community and customary lands as well as help reduce conflict through its participatory nature.
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Edwards, William H. "The Church and Indigenous Land Rights: Pitjantjatjara Land Rights in Australia." Missiology: An International Review 14, no. 4 (October 1986): 473–86. http://dx.doi.org/10.1177/009182968601400406.
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In this article the author, whose experience in cross-cultural communication as a missionary was used by a group of Australian Aboriginal people among whom he had worked to interpret their demand for title to their traditional land, outlines aspects of the traditional life of the Pitjantjatjara people and their conception of their relation to the land. Edwards traces the history of the dispossession of the land following European settlement, and the history of negotiations which led to the recognition of their title to the land under South Australian legislation. He comments on the role of the churches in these events and reflects on a Christian approach to indigenous land rights, noting that churches in other lands, in their mission work, are also involved with indigenous peoples in struggles to achieve just recognition to title for their land.
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Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.
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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC) and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada) and indigenous land tenure (in South Africa). The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the evidentiary standards that would be applied in, for example, a private law tort case.
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Parks, Shoshaunna. "Winning Title to Land but Not to Its Past: The Toledo Maya and Sites of pre-Hispanic Heritage." International Journal of Cultural Property 18, no. 1 (February 2011): 111–29. http://dx.doi.org/10.1017/s0940739111000063.
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AbstractThe struggle for indigenous rights to pre-Hispanic cultural heritage parallels the struggle for indigenous land rights in Belize. By Belizean law, material objects and sites of activity older than 100 years in age are the property of the state. Similarly, land inhabited by indigenous communities in southern Belize is held in trust by the government. In 2007 the community of Santa Cruz in southern Belize won customary land tenure over their lands for the first time from the Belizean government. This change in land ownership presents new challenges to the definition of ownership of ancient places in Maya territory. In particular, the transfer of land rights to the community has potential implications for the ownership and management of the local pre-Hispanic site of Uxbenká that may ultimately serve as a paradigm for the future relationship between Maya peoples and ancestral remains throughout the nation.
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SALEH, MOHAMMED ABDULLAH EBEN. "Alternative land management approaches in the highlands of south-western Saudi Arabia." Environmental Conservation 25, no. 4 (December 1998): 295–304. http://dx.doi.org/10.1017/s0376892998000381.
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There is debate world-wide over urbanization, structured planning, deforestation and land management; these issues are no less important in Saudi Arabia.State tenure of traditionally protected lands in Saudi Arabia has created gaps in the protection of the ecosystem and control of urbanization that indigenous peoples can fill. The present situation has emerged since 1932 when local control of resources was lost in the drive to unify the Kingdom politically. An alternative to the practised system of land management and planning is proposed. The alternative is that which recognizes indigenous people as potential stewards of the vernacular landscape and it may play a leading role in the conservation and management of the highlands of the south-western region of Saudi Arabia.To strengthen the 1993 Law of Regions which aimed at improving the standard of administrative work and development in the Kingdom will require the establishment of a new relationship between indigenous people, scientists and national governmental organizations. In this, indigenous peoples should have juridical recognition and control over large areas of forests around their settlements in exchange for a commitment to conserve the ecosystem and protect biodiversity. In essence, such an outcome may offer the integration of two knowledge systems into an innovative resource-management strategy and land-conservation plans.
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Nwobi, J. C., and M. A. Alabi. "Access to Land and Legal Security of Tenure: Implications and Impact on Rural Development in Abia State, Nigeria." Journal of Physical Science and Environmental Studies 7, no. 2 (August 28, 2021): 15–21. http://dx.doi.org/10.36630/jpses_21004.
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In the rural and communal settings, land rights are culturally attached to indigenous peoples in Nigeria, especially the inhabitants of the southern part of the country. Culturally, the customary land tenure system has generic value and security in such ways that it could be transferred from one owner to owner without restrictions. Security of land tenure is a vital ingredient that enhances the transferability of greater altitudes of investment. The study adopted a random sampling method and selected 1,061 house-owners and administered a set of structured questionnaires that contained questions that probed into issues on their accessibility to land and legal security of tenure. Another set of questionnaires was differently designed to elicit information from other stakeholders (Land managers, Town planning Agencies, Community/Family Heads, etc). Data obtained from the primary source were subjected to empirical analysis. The data were also complemented by secondary data. The findings revealed the socio-economic characteristics of the house-owners, means and duration of the period of land acquisition, determinants of access to land, and the implications on the securing planning permission, construction of illegal structures and the quality of construction. Finally, the paper recommended that tenure security in customary areas can be enhanced through the formalization of customary tenure. Governments should facilitate this process, initially where there is a demand for formalization. There is a need to harmonize reform efforts across customary and statutory law, regulations. Keywords: Land, Access to Land, Security of Tenure, Statutory law, Customary law, Rural Land.
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Langton, Marcia, Zane Ma Rhea, and Lisa Palmer. "Community-Oriented Protected Areas for Indigenous Peoples and Local Communities." Journal of Political Ecology 12, no. 1 (December 1, 2005): 23. http://dx.doi.org/10.2458/v12i1.21672.
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Across the globe, community-oriented protected areas are increasingly recognised as an effective way to support the preservation and maintenance of the traditional biodiversity related knowledge of indigenous peoples and local communities. We argue that guaranteed land security and the ability of indigenous and local peoples to exercise their own governance structures is central to the success of community-oriented protected area programs. In particular, we examine the conservation and community development outcomes of the Indigenous Protected Area program in Australia, which is based on the premise that indigenous landowners exercise effective control over environmental governance, including management plans, within their jurisdiction (whether customary or state-based or a combination of elements of both), and have effective control of access to their lands, waters and resources. Key Words: community-oriented protected areas, Indigenous rights, conservation, Australia
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Dominello, Francesca Giorgia. "The Politics of Remembering and Forgetting: Native Title Law and Reconciliation in Australia." Cosmopolitan Civil Societies: An Interdisciplinary Journal 1, no. 3 (September 24, 2009): 1–34. http://dx.doi.org/10.5130/ccs.v1i3.1077.
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The post-Mabo era was to be the age of reconciliation and the end of unjust dispossession of indigenous peoples’ lands. However, as the more recent cases in native title show this vision did not become the reality. In this paper, I will examine Mabo in its historical context. In particular I will examine the claim that Mabo was a product of the “new history” movement in Australia. This movement developed in response to the silence that had shrouded the history of colonial relations between indigenous and non-indigenous peoples for most of the 19th and 20th centuries. Through the writing of these histories, new historians have raised awareness of the history of colonization in Australia and the impact it has had on indigenous peoples in particular. In the paper I will outline the ways in which Mabo is a product of this history. However, if Mabo did not bring to an end to the injustice and inequality facing indigenous peoples in the context of land law in Australia, it is because of the traces of another history informing that decision and the events that followed it. In this paper I will refer to this history as the “old history” of Australia. In this history indigenous peoples are placed in a paradoxical position: they are inferior, but still seen as threat to the colonial enterprise. The paper will explore how this “history” is repeated in Mabo and continues to inform the High Court’s approach to native title law.
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Gunstone, Andrew. "Indigenous Rights and the 1991-2000 Australian Reconciliation Process." Cosmopolitan Civil Societies: An Interdisciplinary Journal 1, no. 3 (September 24, 2009): 35–51. http://dx.doi.org/10.5130/ccs.v1i3.1141.
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The formal reconciliation process in Australia was conducted between 1991 and 2000 and aimed to reconcile Indigenous and non-Indigenous peoples by 2001. In this paper, I detail the failure of both this reconciliation process and governments, in particular the Howard Government, to recognise Indigenous rights, such as sovereignty, a treaty, self-determination and land rights.
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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.
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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.
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Demakota, Claudia Mouren, Welson M. Wangke, and Jenny ,. Baroleh. "INTERAKSI SOSIAL TRANSMIGRAN DESA WERDHI AGUNG DENGAN PENDUDUK ASLI DESA IBOLIAN DI KECAMATAN DUMOGA TENGAH." AGRI-SOSIOEKONOMI 13, no. 1A (April 24, 2017): 239. http://dx.doi.org/10.35791/agrsosek.13.1a.2017.15649.
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This study aims to find out how cooperation, competition, conflict and accommodation between transmigration living in the village of Werdhi Agung with indigenous people in Dumoga Sub-district. This study was conducted from December 2016 to February 2017, starting from preparation to the formulation of the research report. The data used in the form of primary data and secondary data. This research is done by purposive sampling technique. The total respondents in this study were 40 people, who were the head of the family, consisting of 20 members of the transmigrant group from Bali and 20 members of the indigenous Mongondow community representing the local population. Data analysis was done descriptively by using Likert Scale. The results show that: a) The cooperation between transmigrants and indigenous peoples is so harmonious that in their daily life it has reflected a broad assimilation / mixing form arising from the realization that they have common interests, both individually and in groups, they are aware that they have different ethnic cultural backgrounds. This has a positive effect on the social life of transmigration communities and indigenous peoples in coexistence. b) Competition between transmigrants and indigenous people is marked by land ownership / social jealousy competition and competition between village youth but no competition or threat of violence. c) Conflicts between transmigrants and indigenous peoples only occur in land tenure, and the conflicts are not frequent among rural youth. d) Accommodation or work to end disputes or conflicts between conflicting parties ie between transmigrants and indigenous peoples can be resolved either through the family or with the help of villagers and government officials.
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Formaini, Heather. "Contesting the ‘we’ of ‘we’: the rights of Indigenous peoples in Australia." Cosmopolitan Civil Societies: An Interdisciplinary Journal 1, no. 2 (September 30, 2009): 96–110. http://dx.doi.org/10.5130/ccs.v1i2.1119.
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Introducing three papers which have as their theme Indigenous and non-Indigenous rights, this paper offers a set of frameworks through which to read the various discourses as they have steered debates since colonialisation. It examines the way Indigenous rights have been contested against a colonial legal framework, first through the guiee of assimilation, various definitions of ‘reconciliation’, and self determination, and finally in the claim for land rights in New South Wales. It argues that the philosopher Martin Buber offers a means of achieving rights for everyone, through his I-Thou model of inter-subjectivity.
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Tsiouvalas, Apostolos. "Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms." Yearbook of Polar Law Online 11, no. 1 (April 3, 2020): 245–72. http://dx.doi.org/10.1163/22116427_011010013.
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While legal progress on Indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of Indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these waters as accessible for each State’s citizens. In Norway, colonialism was not characterized by transoceanic settlement. The concept of establishing sovereignty in offshore areas attached to the land, however, had the same basis as the European colonies in America or Oceania. In this context, the acknowledgement of the marine living resources in the waters attached to the land as common goods for all Norwegian citizens adversely affected the Coastal Sámi Indigenous peoples, who exclusively and since time immemorial managed the wild marine living resources based on customary systems of marine tenure. Additionally, due to increased regulations over the past few decades, it has become difficult for the Coastal Sámi to continue their traditional way of living. Still, legislation and recommendations on Indigenous participation in marine resource management exist and derive from both Norwegian and international law. However, despite the established legal framework, Coastal Sami participation in marine resource management is often questioned. It has been argued that the most appropriate way to ensure Indigenous inclusion in marine resource management is to look at the reverse side of the coin, exploring Indigenous tenure, legal traditions and knowledge, and accommodate them within State law. This project aims, through ethnographic fieldwork and literature analysis, to discuss the current status of Coastal Sámi fisheries in the communities of Troms County, and illustrate local conceptions of marine resource management among the project participants.
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He, Yifan, Juan Pablo Baldiviezo, Arun Agrawal, Vicente Candaguira, and Ivette Perfecto. "Guardians of the Forests: How Should an Indigenous Community in Eastern Bolivia Defend Their Land and Forests under Increasing Political and Economic Pressures?" Case Studies in the Environment 3, no. 1 (December 31, 2019): 1–14. http://dx.doi.org/10.1525/cse.2019.sc.946307.
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Many indigenous communities across Latin America depend on forests for livelihood. In eastern Bolivia, indigenous communities face increasing challenges in forest management due to insecure land tenure, lack of capacity, and state policies that favor extractivism and export-oriented agriculture. This case study examines the dilemma of forest management in the Guarayos Indigenous Territory, with a particular focus on the influence of conflictive policies under Evo Morales administration. Using a combination of literature reviews, semi-structured interviews, and land use/land cover analysis, we investigated the drivers behind the challenges that the Guarayos indigenous community is facing in the forest and land governance and explore potential solutions. We found that deforestation within the Guarayos Indigenous Territory from 2000 to 2017 was primarily driven by agricultural commodity production. Despite its promises on protecting nature and the indigenous peoples, the government weakened the Guarayos indigenous people’s governance capacity through failure of forest law enforcement, prioritization of extractivism and export-oriented agriculture, and support for land titling of external entities. We presented these findings through a case narrative featuring the president of Guarayos indigenous government as the decision-maker. This case study provides an illustrative example of the challenges and management strategies in indigenous land and forest governance in the Latin American context. A Spanish version of this case study is available at https://www.learngala.com/cases/bolivia-forests-esp.
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Setiawan, Tomi. "DEVELOPING KNOWLEDGE TO POLICY: STUDY ON INDIGENOUS PEOPLE'S RECOGNITION OF LAND RIGHTS DISCOURSE IN PUBLIC POLICY." Jurnal Wacana Kinerja: Kajian Praktis-Akademis Kinerja dan Administrasi Pelayanan Publik 24, no. 1 (July 12, 2021): 1. http://dx.doi.org/10.31845/jwk.v24i1.669.
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One of the major themes in contemporary public policy studies is to making public policy based on or based on science by relying on various research results. Knowledgee is continually being discourses through a set of studies until finally it can be used as a basis for making good public policy. This paper aims to analyze the land tenure struggle within the public policy in the context of developing knowledge for policy after New Order Era. Conceptually the tenure discourse is understood as a recognition by the state over the rights of indigenous people land that essentially becomes a reflection of the willingness the state power bearers to recognize the existence of autonomous indigenous peoples. The method used in this paper is qualitative method, with research technique of literature study and document analysis, and also participatory observation. In conclusion, the agenda to recognize community rights over land and other natural resources should be formulated with new provisions and / or use of the old provisions, which maintain harmony between people who are de facto entitled to land and natural resources, with government authorities on the basis of the political conception of the state property rights, contained in the law on land and natural resources.
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Nidasari, Nisa Istiqomah. "PELUANG PENERAPAN FPIC SEBAGAI INSTRUMEN HUKUM PROGRESIF UNTUK MELINDUNGI HAK MASYARAKAT ADAT DALAM KEGIATAN USAHA MINYAK DAN GAS BUMI." Jurnal Hukum Lingkungan Indonesia 1, no. 2 (July 28, 2014): 50–85. http://dx.doi.org/10.38011/jhli.v1i2.15.
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AbstrakPengadaan tanah untuk kegiatan industri minyak dan gas bumi merupakan kegiatan strategis yang diprioritaskan negara atas nama ‘kepentingan umum’. Tidak jarang, pengadaan tersebut merampas hak tenurial masyarakat adat demi menyediakan lahan bagi perusahaan untuk melakukan eksplorasi dan eksploitasi. Padahal fungsi tanah bagi masyarakat adat tidak hanya sebagai tempat tinggal saja, tetapi juga sebagai tempat peribadatan, sumber mata pencaharian serta bagian dari budaya dan warisan leluhur yang harus dipertahankan dan dilestarikan. Hak masyarakat adat terhadap tanah ulayat juga dilindungi oleh berbagai instrumen hukum nasional dan internasional.Salah satu prosedur yang dapat memberikan perlindungan terhadap hak-hak fundamental masyarakat adat adalah FPIC (Free, Prior and Informed Consent) atau PADIATAPA (Persetujuan Atas Dasar Informasi Awal Tanpa Paksaan). Secara khusus, tulisan ini bertujuan untuk menjawab pokok permasalahan sebagai berikut: Pertama, mengapa FPIC dapat menjadi instrumen hukum progresif untuk melindungi hak-hak masyarakat adat dalam kegiatan usaha migas? Kedua, bagaimana FPIC dapat meningkatkan kepastian hukum bagi investasi di sektor migas? Ketiga, bagaimana strategi untuk menerapkan FPIC dalam kebijakan pengadaan tanah untuk industri migas di Indonesia? AbstractLand clearing for oil and gas industry is deemed as a strategic activity that is prioritized in the name of ‘Public Interest’. In many cases, such land clearing confiscated the land tenure of indigenous peoples to give space for oil companies conducting exploration and exploitation. This is unacceptable for indigenous peoples because not only they often depend on their customary land for their livelihoods and residence, but also because it has strong cultural and often spiritual significance. The rights of indigenous peoples over their customary land is protected under national and international legal frameworks.One of the procedure that shall gives a protection over the fundamental rights of Indigenous Peoples is FPIC (Free and Prior Informed Consent). In the business perspective, FPIC will increase the legal certainty for invesment as it provides the companies with social license to extract. Specifically, this paper will address the following questions: First, how FPIC could be a progressive legal instrument to protect Indigenous Peoples rights in the activity of oil and gas? Second, how FPIC could increase the legal certainty for investment in oil and gas industry? Third, what are the strategies to apply FPIC in the land clearing policy for oil and gas industry in Indonesia?
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Stewart, Suzanne, and Angela Mashford-Pringle. "Moving and Enhancing System Change." International Journal of Indigenous Health 14, no. 1 (May 27, 2019): 3–7. http://dx.doi.org/10.32799/ijih.v14i1.32726.
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All Indigenous peoples across the globe have experienced multiple historical colonial aggression and assaults. In Canada and the USA for example, education was used as a tool of oppression for Indigenous peoples through residential school. Child welfare, health and health care, and forced land relocation are also sites of intensive and invasive harms. Health services continue to be a site of systemic and personal oppression for Indigenous peoples across Canada and the world (Reading 2013). For many years, Indigenous peoples have faced discrimination and racism when accessing biomedical health care. Implementation of colonization in Canada, Australia, New Zealand, and elsewhere, have been well documented to adversely influence aspects of health in many Indigenous communities worldwide and linked to high rates of mental health, education, and employment challenges (see Loppie & Wein, 2009; Mowbray, 2007; Paradies, Harris, & Anderson, 2008); these traumas are rooted attempts in cultural extermination and deep-set pains in regard to identity and well-being (Stout & Downey, 2006; Thurston & Mashford-Pringle, 2015).
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Monteiro Penteado, Ana Elisa. "The law of the land: intangible ad tangible rights in Aboriginal Australia." Revista de Direito Econômico e Socioambiental 3, no. 1 (January 1, 2012): 227. http://dx.doi.org/10.7213/rev.dir.econ.socioambienta.03.001.ao08.
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This article deals with the Convention on Biological Diversity, article 8 (j) in connection tothe national and local legislation to be enacted prior to article 8 (j) enforcement. It showsthat for legal protection of Indigenous Peoples’s intangible rights, land rights are to be resolvedby government and organisms devoted to land right claimed by Aboriginal Peoples.The experience of Australia through its recent colonization, decolonization and reviewof social values presented by Rudd Administration secured Indigenous Peoples rights. In conclusion, this article proposes a multi-action from historical, political, legal and jurisprudentialsources for article 8 (j) to be operative.
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Frey, Aline. "Resisting Invasions: Indigenous Peoples and Land Rights Battles in Mabo and Terra Vermelha." Ilha do Desterro A Journal of English Language, Literatures in English and Cultural Studies 69, no. 2 (June 7, 2016): 151. http://dx.doi.org/10.5007/2175-8026.2016v69n2p151.
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http://dx.doi.org/10.5007/2175-8026.2016v69n2p151This article examines two feature films, focusing on the link between Indigenous cinema, environmental preservation and land rights. The first film is Mabo (2012) directed by Aboriginal filmmaker Rachel Perkins. It centres on a man’ legal battle for recognition of Indigenous land’ ownership in Australia. The second film is Terra Vermelha (Birdwatchers, Marco Bechis, 2008), which centres on the violence endured by a contemporary Brazilian Indigenous group attempting to reclaim their traditional lands occupied by agribusiness barons. Based on comparative analysis of Mabo and Terra Vermelha, this article discusses the similar challenges faced by Indigenous nations in these two countries, especially the colonial dispossession of their ancestral territories and the postcolonial obstacles to reclaim and exercise self-determination over them.
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Jenri Ranteallo and Yana Sukma Permana. "TINJAUAN YURIDIS TINDAK PIDANA PENYEROBOTAN TANAH ADAT DI KABUPATEN TORAJA UTARA." Juris 6, no. 2 (December 13, 2022): 437–40. http://dx.doi.org/10.56301/juris.v6i2.614.
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Land grabbing is not a new problem that often occurs in Indonesia. Unlawful land grabbing is an unlawful act and can be classified as a criminal act. The formulation of the problem in this study is the regulation of customary land ownership in North Toraja district and legal settlement of criminal acts of land grabbing in North Toraja district. Ownership of customary land is marked by physical possession and recognition as stated in Article 24 paragraph (2) of Government Regulation Number 24 of 1997. Regarding customary land or Toraja indigenous people, it is called tongkonan land. The North Toraja government has ratified Regional Regulation number 1 of 2019 concerning "Recognition and protection of the rights of indigenous peoples" in which the regulation has concretely regulated the system of land tenure and use. There are several stages of legal settlement of customary land grabbing in North Toraja Regency, both within the scope of customary law, namely mediation through the customary institution where the tongkonan land is located and positive law, namely through the courts.
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Adams, Michael. "Negotiating Nature: Collaboration and Conflict Between Aboriginal and Conservation Interests in New South Wales, Australia." Australian Journal of Environmental Education 20, no. 1 (2004): 3–11. http://dx.doi.org/10.1017/s0814062600002251.
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AbstractFaced with the paradox of a large global increase in conservation reserves and a simultaneous global decrease in actual effective protection for biodiversity, conservation scientists and policymakers are questioning established conservation theory and practice. I argue that the fundamental premises, the foundational myths, for Western-style conservation also need to be questioned. The statistics on Indigenous land claims, and conservation reserves, in Australia and more specifically the state of New South Wales (NSW), reveal a landscape of policy failure in both arenas. Focusing on Australia, I use spatial analysis and policy histories to demonstrate converging trajectories of land use priorities for conservation needs and Indigenous peoples' needs. This intersection, while generating much potential for conflict, also creates new political landscapes. A combination of spatial and cultural analyses can create a clear picture of new “operational landscapes”, and an understanding of the (sometimes) complementary values of different cultural groups negotiating about these landscapes. From the basis that environmental problems are fundamentally social problems, this paper contributes to explorations of new paradigms supporting new social-ecological relationships, and new relationships between Indigenous and non-Indigenous peoples.
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Manik, Herlina, Suhermi Suhermi, and Pahlefi Pahlefi. "URGENSI PELAKSANAAN PENDAFTARAN TANAH ADAT DI PROVINSI JAMBI." Ensiklopedia of Journal 4, no. 2 (January 19, 2022): 143–51. http://dx.doi.org/10.33559/eoj.v4i3.1045.
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Land is a vital component of human life and has economic worth. According to a Javanese adage, "sedhunuk bathuk senyarii bumi" signifies that one inch of land will be preserved even at the cost of one's life. The lack of legal protection for indigenous people's land has resulted in a plethora of land conflicts with parties with legal standing. Indigenous people have had a difficult time protecting their land against parties with legal protection due to the lack of formal and legitimate land ownership proof. Formal and authentic evidence of property ownership is critical in preventing land dispute. Indigenous peoples must register their lands in order to obtain authentic and formal evidence of their ownership. The purpose of this research is to determine the urgency of registering customary lands, as well as the primary cause for registering the communal lands. Additionally, this study will investigate the procedure of registering customary lands. This research included empirical methodologies, which included data collection, data processing, and data analysis. The outcome will be presented in a systematic and objective manner to assist in the resolution of a problem or the testing of a hypothesis. Land tenure, land registration, and land rights are all terms that refer to customary land.
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Asrida, Wan, Raja Muhammad Amin, and Auradian Marta. "Bentuk-Bentuk Kekuasaan dalam Pemanfaatan Tanah Ulayat di Kabupaten Kampar." Nakhoda: Jurnal Ilmu Pemerintahan 17, no. 1 (March 7, 2019): 39. http://dx.doi.org/10.35967/jipn.v17i1.7057.
Full textAbstract:
This research attempts to analyze the forms of power in the utilization of communal land in Kampar Regency. The interests of indigenous peoples in terms of ulayat land tenure feel threatened by the existence of plantation corporations by bringing large investments which ultimately provide economic added value for the Government and Regional Government. This study uses qualitative research methods with a phenomenological approach. Data was obtained through interviews conducted with elements of the Kampar District Government, Lembaga Adat Kampar (LAK), the Archipelago Indigenous Peoples Alliance (AMAN) Kampar, and traditional leaders. Technical data analysis in this study was conducted interactively. The argument from this study shows that there are 2 (two) forms of power that influence the implementation of ulayat land use in Kampar Regency. The first is visible power, where the practice of power occurs in the formal sphere in the policy-making process of recognizing and protecting customary law communities in Kampar District. In addition, the practice of visible power is also evident from the interaction between actors in resolving communal land conflicts that occurred in Kampar District. While the second form of power in the utilization of communal land is hidden power. This hidden power practice is carried out by corporate actors who are suspected of taking over customary land by playing their power in licenses issued by the Government.
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Hammersley, Megan L., Joanne Hedges, Brianna F. Poirier, Lisa M. Jamieson, and Lisa G. Smithers. "Strategies to Support Sustained Participant Engagement in an Oral Health Promotion Study for Indigenous Children and Their Families in Australia." International Journal of Environmental Research and Public Health 19, no. 13 (July 1, 2022): 8112. http://dx.doi.org/10.3390/ijerph19138112.
Full textAbstract:
The health inequities of Indigenous peoples compared with non-Indigenous peoples are significant and long-standing across many countries. Colonisation and dispossession of land and culture has led to profound and devastating consequences on the health of Indigenous peoples. A lack of trust and cultural security of health services remains a barrier to participation in health care services. Similarly, engagement in research activities is also hindered by a history of unethical research practices. Creating partnerships between researchers and Indigenous communities is key in developing research studies that are culturally appropriate, acceptable and relevant to the needs of Indigenous peoples. Baby Teeth Talk was a randomised controlled trial conducted with Indigenous children and their mothers in South Australia that tested an intervention involving dental care, anticipatory guidance on oral health and dietary intake, and motivational interviewing. The study was developed in consultation and partnership with local Indigenous communities in South Australia and overseen by the study’s Aboriginal reference group. The recruitment and retention of participants in the study has been strong over numerous waves of follow-up. The purpose of this paper is to describe the strategies employed in the study that contributed to the successful and sustained engagement of the participants. These strategies included the establishment of an Aboriginal reference group, building relationships with organisations and community, flexibility of appointment scheduling and allocating adequate time, reimbursement for participant time, developing rapport with participants, encouraging participant self-determination, and adaptation of dietary data collection to better suit participants.