Journal articles: 'Indigenous recognition'

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Dziedzic, Anna, and Mark McMillan. "Australian Indigenous Constitutions: Recognition and Renewal." Federal Law Review 44, no. 3 (September 2016): 337–61. http://dx.doi.org/10.1177/0067205x1604400301.

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The Anglo-Australian legal system has not readily recognised Indigenous constitutions. The absence of such recognition does not, however, deny that Australia's Indigenous nations have had constitutions for thousands of years and continue to do so. In this article, we explain how Indigenous laws, institutions and systems of authority are constitutional. Using the constitutions of the Gunditjmara peoples and Ngarrindjeri nation as examples, we identify three dimensions of Indigenous constitutions in Australia: first, the foundation of Indigenous constitutions in the continuing and inherent authority of Indigenous nations; secondly constitutional features deriving from Indigenous law; and thirdly the use in Indigenous constitutions of institutions and processes that also have status under Australian law. We suggest that this new understanding of Indigenous constitutions provides a basis for contributing to current efforts in Indigenous constitution-making and to the development of a more inclusive understanding of the Australian constitutional system.

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Busyairi, Muhammad, and Thi Kim Siem Bui. "ROHINGYA, A STRUGGLE FOR RECOGNITION AS “INDIGENOUS”." Jurnal Ilmiah Kajian Keimigrasian 4, no. 1 (May 21, 2021): 117–24. http://dx.doi.org/10.52617/jikk.v4i1.169.

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Rohingya first came to Arakan State, Burma (Myanmar) between the eighth and ninth centuries. They are a Muslim minority ethnic group who have been struggling for their indigenous identity. Their arrival in Arakan correlated with the British colonialism and Japanese colonialism (1942-1945) which played a crucial role in initiating the conflicts between Muslims and Buddhists. In consideration of various definitions, Rohingya are obviously defined indigenous because they have lived in a specific territorial for long with their own language, culture and religion. This paper aims to argue that the Rohingya issue should be seen as indigenous group. To address the issue, we use a qualitative approach relying on the available secondary sources by giving historical background, theoretical framework and discussing on inter-religious conflict issue, a form of struggle for indigenous recognition. It is found that despite qualifying the standards to be admitted as indigenous, the Rohingya have been still refused to be minority ethnic group, even not accepted to be legal citizen by the Myanmar government, they are seen as foreigners or illegal immigrants instead. Three lessons are learned from this study on the failure of Rohingya’s recognition. First, the two colonialists were the “dark records” of the Rohingya conflicts. Second, the Myanmar governments have not treated the Rohingya with fair and similar policy during the historical time. Third, all protests and demonstrations conducted throughout the world to condemn the Myanmar government and all financial supports should be done on behalf of humanity, not a religious-solidarity to avoid unexpected effects for inter-religion conflicts nationally and internationally.

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Lindsay, Noel J., Wendy A. Lindsay, Anton Jordaan, and Kevin Hindle. "Opportunity recognition attitudes of nascent indigenous entrepreneurs." International Journal of Entrepreneurship and Small Business 3, no. 1 (2006): 56. http://dx.doi.org/10.1504/ijesb.2006.008662.

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O'Sullivan, Dominic. "Recognition and the politics of indigenous citizenship." Politics, Groups, and Identities 8, no. 5 (July 23, 2020): 1074–82. http://dx.doi.org/10.1080/21565503.2020.1790018.

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Adnyani, Ni Ketut Sari, Gede Marhaendra Wija Atmaja, and I. Ketut Sudantra. "Indigenous People Between Recognition and Disclaimer of Legal Pluralism Perspective." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (September 17, 2021): 352. http://dx.doi.org/10.18415/ijmmu.v8i9.2762.

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This article aims to examine the ethical and unethical perspectives behind the recognition and abandonment of indigenous people by the state, the influence of morality and legal awareness on indigenous people of the dichotomy between recognition and neglect in tourism development. Normative research method with a statutory approach. Supported by primary and secondary legal materials as well as legal hermeneutic analysis techniques. The results of the study show that neglect of indigenous people is considered unethical because it can lead to injustice, on the contrary it is ethical if the recognition of indigenous people is accommodated in the substance of the Regional Regulation. Legal morality can fortify everyone to do good, including local governments and indigenous people. Subjective legal awareness has implications for neglect, so it is necessary to build objective legal awareness that provides space for recognition of indigenous people in reorganizing the regulation of Article 26 paragraph (2) of the Bali Provincial Regulation No. 2 of 2012 which is ambiguous by incorporating the substance of the obligations of indigenous people and local governments in managing tourist area with local regulations based on semi-autonomous legal pluralism.

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Nettheim, Garth. "Human Rights and Indigenous Peoples." Cosmopolitan Civil Societies: An Interdisciplinary Journal 1, no. 2 (September 16, 2009): 129–41. http://dx.doi.org/10.5130/ccs.v1i2.1045.

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The paper begins by noting the low level of reference to Indigenous Australians in the Commonwealth Constitution at the start of Federation, and goes on to discuss the limits to what was achieved by the 1967 amendments. The situation represents a marked contrast with the USA and Canada in terms of treaties and constitutional recognition. In Australia, particularly during the period of the ‘Reconciliation’ process in the 1990s, important steps were taken by Indigenous Australians to identify items of ‘unfinished business’ in a ‘Statement of Indigenous Rights’. But there has been limited progress to meet these aspirations. And Australian law still lacks a tradition of recognition of human rights generally, let alone Indigenous rights. International law, too, largely lacked recognition of human rights, generally prior to the adoption in 1945 of the Charter of the United Nations. The brief references in the Charter were subsequently developed in a range of declarations and of treaties. These applied to people generally, with scant reference to Indigenous peoples. But, since the 1970s, there has been growing international recognition of the rights of Indigenous peoples under existing declarations and treaties. Since the 1990s, in particular, the UN system has established specific mechanisms for addressing such issues. On 13 September 2007, the General Assembly finally adopted a Declaration on the Rights of Indigenous Peoples.

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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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Ravna, Øyvind, and Nigel Bankes. "Recognition of Indigenous Land Rights in Norway and Canada." International Journal on Minority and Group Rights 24, no. 1 (February 28, 2017): 70–117. http://dx.doi.org/10.1163/15718115-02401001.

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Many states offer constitutional protection to the traditional lands of indigenous peoples. International treaties protecting ethnic minorities and indigenous peoples also require protection of the rights of indigenous communities with respect to traditional territories. States have followed different routes in identifying the ownership and resource rights of indigenous communities. In Norway, the Courts have traditionally applied the rules on prescription and immemorial usage, developed through centuries in the farming societies of Scandinavia. The legislature has chosen to follow the same approach in the Finnmark area of Norway under the terms of the Finnmark Act (2005). By contrast, in Canada, a settled colony with an English common law tradition, the Courts have developed a sui generis approach to the recognition of Aboriginal title. This article examines the rules for identifying and legally recognising the traditional lands of indigenous people in Norway and Canada with a view to reflecting on similarities and differences.

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Rudder, Adam. "Limits to Recognition: The Trinidadian State and Its Indigenous Population." Caribbean Quilt 6, no. 2 (February 4, 2022): 22–30. http://dx.doi.org/10.33137/cq.v6i2.36951.

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One prevalent issue regarding the enfranchisement of Indigenous communities within the politics of the Caribbean includes the idea that such communities cease to exist. Though the impact of European colonization in the region proved to be destructive to Indigenous ways of life, this impact was far from exterminatory, and Caribbean govern- ments and authorities who argue the contrary base their testimony upon groundless claims. This paper analyses the actions of Trinidad and Tobago’s post-independence government in curating a nationalist discourse based on the histories of its Afro-Creole population, and how that discourse was ultimately founded on a complete disregard for the country’s Indigenous population. The paper first delves into the colonial extinction narratives that have served to restrain Trinidad’s Indigenous community, then it investi- gates various biological and historical evidence that prove Indigenous diffusion beyond the limits outlined in extinction narratives. Finally, Trinidad’s Afro-Creole-based nation- alism is explored to gain insight on how such an ethnically-driven nationalism has hindered the concerns of Trinidad’s overall Indigenous community.

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O'Faircheallaigh, Ciaran. "International Recognition of Indigenous Rights, Indigenous Control of Development and Domestic Political Mobilisation." Australian Journal of Political Science 47, no. 4 (December 2012): 531–45. http://dx.doi.org/10.1080/10361146.2012.731484.

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Bellier, Irène, and Martin Préaud. "Emerging issues in indigenous rights: transformative effects of the recognition of indigenous peoples." International Journal of Human Rights 16, no. 3 (June 21, 2011): 474–88. http://dx.doi.org/10.1080/13642987.2011.574616.

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Simon, Scott. "Yearning for Recognition: Indigenous Formosans and the Limits of Indigeneity." International Journal of Taiwan Studies 3, no. 2 (August 20, 2020): 191–216. http://dx.doi.org/10.1163/24688800-00302002.

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Abstract Indigeneity, enshrined in the 2007 United Nations Declaration on the Rights of Indigenous Peoples, is an international governance model that promises sovereignty and self-government to indigenous nations. Anthropologists have expressed concern that indigeneity may become an avatar of neoliberal governance that benefits a small elite and contributes to the hypermarginalisation of the poor. This multi-scalar ethnography explores the meaning of indigeneity in Seediq and Truku communities. The author concurs that legal indigeneity fails to meet the needs of the poor. Most ordinary indigenous people perceive that they already benefit from Taiwan’s existing legal framework and fail to understand the need for new institutions. For the case of Taiwan, moreover, the limits of indigeneity are most evident in the exclusion of Taiwanese indigenous peoples—and Taiwan—from United Nations mechanisms. As indigeneity degenerates into great power politics, it falls short of its aspirations to recognise indigenous nations as ontological equals to established states.

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Herman, Hendra. "Pengakuan terhadap Masyarakat Hukum Adat Marga Sarampas dan Penguasaan Hak Atas Tanahnya." Wajah Hukum 5, no. 1 (April 23, 2021): 56. http://dx.doi.org/10.33087/wjh.v5i1.340.

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The decision of the Constitutional court (MK) Numbere 35/PUU-X/2012 has implications for state recognition of the traditional rights of indigenous peoples in the form of custimary forests which have have been neglected. The study aims to determine the legal position of the indigenous people of Marga Sarampas in controlling their land rights. The formulation of the problems raised in this research are (1) how is the recognition and protection of the indigenous peoples of Marga Sarampas; (2) how the rights to land of the indigenous people of Marga Sarampas.

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He, Baogang. "The Contested Politics of Asian Responses to Indigenous Rights." International Journal on Minority and Group Rights 18, no. 4 (2011): 461–78. http://dx.doi.org/10.1163/157181111x598372.

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AbstractA growing literature has examined various issues concerning indigenous rights in Asia. Yet the most urgent question is why, how and under what conditions the state recognises it. Why do some countries accept the international call for indigenous right but others reject it? Without the state's recognition, the cause of indigenous peoples and their rights looks dim. This paper examines the politics of the varied Asian responses to the international call for indigenous rights. It discusses reasons and conditions under which states or other actors endorse or deny indigenous people and their rights. The conclusion of the paper raises the issue of human agency in the politics of recognition.

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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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*, Sampean, Ekawati Sri Wahyuni, and Sofyan Sjaf. "The Paradox of Recognition Principles in Village Law in Ammatoa Kajang Indigenous Community." Sodality: Jurnal Sosiologi Pedesaan 7, no. 3 (December 31, 2019): 195–211. http://dx.doi.org/10.22500/sodality.v7i3.28630.

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The Village Law has stipulated thirteen principles. One of the principles is recognition. The principle of recognition is a turning point in the reformation of the customary law of in Indonesia. The previous studies have founded recognition of the management and use of communal forest. This research focuses on the paradox of recognition of the administration of indigenous government. The implementation of Village Law has replaced the regional autonomy law: from decentralization – residual to recognition – subsidiarity. The inclusion of the principle of recognition – subsidiarity in the village law was implications for changes in the regulation of social order and governance. This research based on constructivism paradigm and qualitative method, with in depth interviews, purposive sampling, observations, and historical archivings. We had analyzed social construction of recognition to indigenous communities in ruling their government. The results indicate that the social construction of recognition in the political aspects of laws and regulations has not been able to meet the needs of indigenous peoples to arrange their government. This study questions regional approach to support the frameworks of desa adat.

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Mahendra, Muhammad Dwiki. "Indigenous Peoples in Regional Institutions: A Comparative Perspective between ASEAN and the Arctic Council." IKAT: The Indonesian Journal of Southeast Asian Studies 5, no. 1 (August 11, 2021): 33. http://dx.doi.org/10.22146/ikat.v5i1.64922.

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The study of Indigenous People is a vast subject and it is continuously growing. Indigenous Peoples often lack formal recognition over their lands, rights, and at worst, their identities hence they are often undermined by the government and international law. Such things were possible since the recognition of Indigenous Peoples is varied and depends on each national or regional perspective. Within Southeast Asia’s regional organization, the Association of Southeast Asian Nations (ASEAN), no reference to the Indigenous Peoples was made on its founding document. This paper focuses on the issue of Indigenous Peoples by comparing the position of Indigenous Peoples within the framework of ASEAN to Arctic Council. By qualitatively analyzing relevant references on ASEAN, Arctic Council, and Indigenous Peoples, this article aims to understand the stark differences of how ASEAN and Arctic Council recognize the Indigenous Peoples within each region. Such understanding is necessary to drives ASEAN and its member states to accommodate broader rights to Indigenous Peoples.

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Goloviznina, Marina Peeters. "Indigenous Agency and Normative Change from ‘Below’ in Russia: Izhma-Komi’s Perspective on Governance and Recognition." Arctic Review on Law and Politics 10 (2019): 142. http://dx.doi.org/10.23865/arctic.v10.1798.

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The article addresses the issue of indigenous agency and its influence on the contestation of indigenous rights norms in an extractive context from the perspective of organizations representing people, whose recognition as ‘indigenous’ is withheld by the Russian authorities. The article argues that a governance perspective and approach to recognition from ‘below’ provides a useful lens for comprehensively exploring strategies on norms contestation applied by these groups in the authoritarian normative context of Russia. Based on findings from a case study of Izhma-Komi organizations in the northwest Russian Arctic, the article identifies three strategies utilized by these organizations. By mobilizing inter-indigenous recognition, forging alliances with environmentalists and negotiating with an oil company, Izhma-Komi organizations have managed to extend certain rights and power previously not granted to them in an extractive context locally.

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Hodgson, Dorothy L. "Becoming Indigenous in Africa." African Studies Review 52, no. 3 (December 2009): 1–32. http://dx.doi.org/10.1353/arw.0.0302.

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Abstract:This article traces the history of how and why certain African groups became involved in the transnational indigenous rights movement; how the concept of the indigenous has been imagined, understood, and employed by African activists, donors, advocates, and states; and the opportunities and obstacles it has posed for the ongoing struggles for recognition, resources, and the rights of historically marginalized people like Maasai.

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Palmer, Lisa. "‘Nature’, Place and the Recognition of Indigenous Polities." Australian Geographer 37, no. 1 (March 2006): 33–43. http://dx.doi.org/10.1080/00049180500511954.

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Fierro, Jaime. "Indigenous people, recognition, and democracy in Latin America." Ethnic and Racial Studies 43, no. 15 (November 18, 2019): 2746–65. http://dx.doi.org/10.1080/01419870.2019.1691740.

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Rakoff-Nahoum, S., and R. Medzhitov. "Innate immune recognition of the indigenous microbial flora." Mucosal Immunology 1, S1 (October 15, 2008): S10—S14. http://dx.doi.org/10.1038/mi.2008.49.

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Pravinchandra, Shital. "‘More than biological’: Cherie Dimaline’s The Marrow Thieves as Indigenous countergenetic fiction." Medical Humanities 47, no. 2 (June 2021): 135–44. http://dx.doi.org/10.1136/medhum-2020-012103.

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This article reads Métis writer Cherie Dimaline’s novel The Marrow Thieves as one among a growing number of Indigenous countergenetic fictions. Dimaline targets two initiatives that reductively define indigeneity as residing in so-called Native American DNA: (1) direct-to-consumer genetic testing, through which an increasing number of people lay dubious claim to Indigenous ancestry, and (2) population genetics projects that seek urgently to sample Indigenous genetic diversity before Indigenous Peoples become too admixed and therefore extinct. Dimaline unabashedly incorporates the terminology of genetics into her novel, but I argue that she does so in order ultimately to underscore that genetics is ill-equipped to understand Indigenous ways of articulating kinship and belonging. The novel carefully articulates the full complexity of Indigenous self-recognition practices, urging us to wrestle with the importance of both the biological (DNA, blood and relation) and the ‘more than biological’ (story, memory, reciprocal ties of obligation and language) for Indigenous self-recognition and continuity. The novel shows that,to grasp Indigenous modes of self-recognition is to understand that Indigenous belonging exceeds any superficial sense of connection that a DNA test may produce and that, contrary to population geneticists’ claims, Indigenous Peoples are not vanishing but instead are actively engaged in everyday practices of survival. Finally, I point out that Dimaline—who identifies as Two-Spirit—does not idealise Indigenous communities and their ways of recognising their own; The Marrow Thieves also explicitly gestures to the ways in which Indigenous kinship-making practices themselves need to be rethought in order to be more inclusive of queer Indigenous Peoples.

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Burns, Marcelle. "Indigenous Nations’ Rights in the Balance." International Journal of Critical Indigenous Studies 7, no. 1 (January 1, 2014): 1–3. http://dx.doi.org/10.5204/ijcis.v7i1.121.

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The United Nations’ Declaration on the Rights of Indigenous Peoples (2007) received a mixed reception. Some commentators viewed it as setting important normative standards for the recognition of Indigenous human rights within the international law framework, whilst others have been critical of the declaration for unduly limiting the nature and scope of Indigenous rights (Anaya 2004; Churchill 2011; Davis 2008; Moreton-Robinson 2011; Pitty 2001; Watson and Venne 2012). Indigenous Nations’ Rights in the Balance: An Analysis of the Declaration on the Rights of Indigenous Peoples by Charmaine White Face (2013) makes an important contribution to this debate by methodically charting the key changes made during the passage of the declaration through the United Nations process and highlighting the significance of these changes for the recognition and realisation of Indigenous rights.

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BAH SIMPONG, Derweanna, Marlisa ABD RAHIM, and Nor Syuhada ZULKEFLI. "THE SUSTAINABILITY ENTREPRENEURSHIP IN ADAPTIVE RESILIENCE AMONG INDIGENOUS COMMUNITY IN MALAYSIA." GeoJournal of Tourism and Geosites 42, no. 2 supplement (June 30, 2022): 794–803. http://dx.doi.org/10.30892/gtg.422spl20-891.

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Understanding the socio-cultural background and how entrepreneurs perceive and respond to unfavourable environmental conditions is required when investigating the relationship between resilience, sustainability, and entrepreneurship from the perspective of an indigenous community. Taking into the account of theory of planned behaviour, the aim of this study is to investigate the relationship between characteristics of sustainable attitude, sustainability norms, sustainability behaviours, and opportunity recognition with indigenous entrepreneurs' adaptive resilienceThe research design employed in this study was cross-sectional and correlational. The most effective approach to use is a quantitative approach to evaluate the impact of sustainable attitudes, sustainability norms, sustainability behaviours, and opportunity recognition on indigenous entrepreneurs' adaptive resilience. A questionnaire survey of 500 respondents from Malaysia's indigenous community was used to gather data. A questionnaire survey of 500 respondents from Malaysia's indigenous community was used to gather data. The findings of this study show that most indigenous groups believe that sustainability in terms of attitudes, behaviour, and opportunity recognition has increased the aim of moving forward in entrepreneurs' adaptive resilience as compared to sustainability norms. Given that resilience is a malleable competency and that there is a positive relationship between sustainable behaviour and resilience, institutional actions are required to reinforce the social esteem of the entrepreneur among indigenous community to cope with environment challenges.

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Endere, Maria Luz. "Archaeological Heritage Legislation and Indigenous Rights in Latin America: Trends and Challenges." International Journal of Cultural Property 21, no. 3 (August 2014): 319–30. http://dx.doi.org/10.1017/s0940739114000174.

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Abstract:The recognition of the rights of indigenous peoples has been on the political agenda in Latin America since the 1980s, although it has not always been reflected in the legal systems of the countries in the region. Most of them have passed laws that grant legal recognition to indigenous communities and have recognized their rights in the national constitutions. However, these rules do not always refer to some particular aspects of the indigenous culture, such as those related to their cultural heritage. In general, the archaeological remains are ruled by specific laws that do not consider, or vaguely mention, the indigenous peoples’ rights and their participation in the decision-making process. As a result of the lack of consistency between the indigenous and cultural heritage laws in most countries, the participation of indigenous peoples in heritage management is still exceptional.

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Gussen, Benjamen Franklen. "Recommendations on the Optimal Constitutional Recognition of the First Nations in Australia." Deakin Law Review 24 (August 30, 2019): 213–30. http://dx.doi.org/10.21153/dlr2019vol24no1art875.

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This note extends my previous analysis of the constitutional recognition of Aboriginal and Torres Strait Islander Peoples (‘First Nations’) by providing guidance on the optimal approach for this recognition. The guidance is founded on the concepts of efficiency and equity. An optimal recognition is defined as one that achieves both objectives simultaneously. Efficiency flows from a dynamic recognition that changes over time relatively easily, as exemplified by a treaty-based approach. The equity criterion has, as a proxy, legal pluralism, whereby constitutional recognition enlivens ‘Indigenous jurisprudence’ through mechanisms such as self-governance. The proposal is to combine efficiency and equity by guaranteeing the collective rights of Indigenous Australians in accordance with universally recognised principles and norms of international law, such as the UN Declaration on the Rights of Indigenous Peoples (for which the Commonwealth of Australia announced its support in 2009). This in turn is likely to guide a treaty-based approach to the relationship between the Commonwealth and First Nations that can evolve towards legal pluralism.

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Anning, Berice. "Embedding an Indigenous Graduate Attribute into University of Western Sydney's Courses." Australian Journal of Indigenous Education 39, S1 (2010): 40–52. http://dx.doi.org/10.1375/s1326011100001125.

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AbstractThe paper reports on embedding an Indigenous graduate attribute into courses at the University of Western Sydney (UWS), providing the background to the development and implementation of a holistic and individual Indigenous graduate attribute. It details the approach taken by the Badanami Centre for Indigenous Education in advising the UWS staff on the process for endorsement of the Indigenous graduate attribute. The UWS's recognition of its moral purpose and social responsibility to Indigenous people in Greater Western Sydney has led to the successful re-establishment of Indigenous education at UWS. The paper outlines the unique and innovative approach taken to implement the Indigenous graduate attribute, including: consultation across the Schools at UWS; developing and establishing relationships through the respect of disciplinary culture and tradition; the UWS-wide reform of the traditional discipline approach and the first step towards recognition of the domain of Indigenous knowledge in teaching and research; establishing a team of Indigenous academics; developing a learning and teaching framework for Indigenous knowledge and Indigenous studies; and integrating Indigenous content into curricula at UWS. The Department of Education, Employment and Workplace Relations funded UWS to develop the Indigenous graduate attribute and implement it by embedding cultural competency and professional capacity into UWS courses.

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Thompson, Lester J., and Richard Hil. "From Indigenous Cultural Recognition to Economic Mainstreaming: A Case Study of Indigenous Australian Communities." International Journal of Interdisciplinary Social Sciences: Annual Review 3, no. 2 (2008): 131–38. http://dx.doi.org/10.18848/1833-1882/cgp/v03i02/59352.

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Pictou, Sherry. "Decolonizing Decolonization: An Indigenous Feminist Perspective on the Recognition and Rights Framework." South Atlantic Quarterly 119, no. 2 (April 1, 2020): 371–91. http://dx.doi.org/10.1215/00382876-8177809.

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The “Recognition and Implementation of Indigenous Rights Framework,” announced in 2018 by the federal government was originally hailed as a process for decolonization. Though the framework was withdrawn in December 2018, several policy and legislative initiatives give every indication that the framework is moving forward. In this regard, the paper seeks to open up a discussion about how decolonization is being conceptualized in the new Rights Framework from an Indigenous feminist perspective. I highlight tensions between patriarchy, neoliberalism, and contradictory concepts of decolonization to demonstrate how the Rights Framework manifests a contemporary form of patriarchal colonialism in state-Indigenous politics, especially self-government negotiations, that will continue to negatively impact Indigenous women and gender diverse persons. I further argue how the MMIWG Inquiry Final Report released in June 2019, cannot be mobilized as a tool for decolonization in seeking social justice for Indigenous women and gender diverse persons without their active knowledge and experience in directing how the recommendations are implemented. By foregrounding this experience with an intersectional, gender based analysis + or GBA+ (gender and gender diverse inclusive), and a human rights approach, I suggest there is potential for achieving Indigenous sovereignty over our bodies as well as over the land and waters in ways that are conducive to our resilience and freedom as Indigenous people.

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Kent, Alexandra. "The Van der Peet Test: Constitutional Recognition or Constitutional Restriction?" Arbutus Review 3, no. 2 (December 5, 2012): 20–36. http://dx.doi.org/10.18357/tar32201211640.

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This article uses the case of R. v. Van der Peet to critically analyze the role of language in Section 35(1) of the Canadian Constitution in perpetuating asymmetrical power dynamics within the framework of colonialism. In defining which practices are protected in the form of Indigenous rights under Section 35(1), the courts have imposed a two-stage test called the Integral to a Distinctive Culture Test or Van der Peet Test. This test stipulates three criteria; the practice must: originate from "pre-contact", be "distinctive", and conform or "reconcile" with state sovereignty. This article demonstrates how these criteria hinder the development of Indigenous rights, restrict the scope of such rights, and marginalize Indigenous peoples in Canadian society. Analyzing the role of the deliberative wording of this constitutional order reveals a foundation for contemporary colonialism and oppression, whereby colonial power relations are facilitated and secured by antiquated, ethnocentric ideals upheld by the Judiciary. Exposing the illegitimacy embedded within the State's uninhibited, exclusive sovereignty directs this discussion to the suggestion that the State lacks the authority to grant Indigenous rights. This article concludes with the argument that, as the original inhabitants of this land, Indigenous Nations possess the inherent extra-constitutional right to self-determination that can only be achieved through self-affirmation.

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Wirdana, Suandi. "Urgensi Rancangan Undang-Undang Masyarakat Adat Ditinjau dari Konflik Warga Adat Toruakat di Suladesi Utara." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 4, no. 3 (August 1, 2022): 185–95. http://dx.doi.org/10.47467/as.v4i3.1384.

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Conflicts that occur between The Indigenous Peoples of Toruakat and PT. Bulawan Daya Lestari, in Bolaang Mongondow – North Sulawesi, which resulted in 1 (one) indigenous person being killed and 4 (four) other indigenous people injured, can be said to reveal the fact that the Government cannot be present to protect indigenous peoples. Protection, fulfillment, and recognition of indigenous peoples should be related to the substance of human rights in the Constitution of the Republic of Indonesia of 1945. The existence of confirmation in the constitution is not only limited to the recognition of the constitutional rights of indigenous peoples but also must ensure the fulfillment of these constitutional rights.tttttttttt The occurrence of such conflicts can ultimately show an urgency to the Indigenous Peoples Bill. This writing aims to find out and analyze the speed of the Indigenous Peoples Bill reviewed from the conflict of Indigenous Peoples toruakat in North Sulawesi. The method used in this study is a normative juridical method, with secondary data sources as the primary data, then the collected data is analyzed qualitatively... Keywords: Urgency of Draft Law, Indigenous Peoples

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Jones, Carwyn. "Lost from Sight: Developing Recognition of Māori Law in Aotearoa New Zealand." Legalities 1, no. 2 (September 2021): 162–86. http://dx.doi.org/10.3366/legal.2021.0015.

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In Aotearoa New Zealand, the state legal system is increasingly drawing on aspects of Māori law. Recent decisions suggest that the courts are willing to consider Māori law as a source of New Zealand law. This marks a change from earlier approaches which recognised discrete customary practices as customary law. Questions of state recognition of customary law have tended to focus attention on common law tests and so obscure processes of the Indigenous legal system, the sources of Indigenous law, and Indigenous forms of legal reasoning and communication. This article suggests that by focusing instead on understanding the application of Māori law within a fuller cultural context, the New Zealand courts may be better able to reveal and understand the Indigenous legal principles and processes at work. This would include engaging with a different range of legal sources, including working with Māori stories as legal texts, to make visible aspects of Indigenous law that can help to drive developments in the state legal system.

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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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Sharapova, Anna, Sara L. Seck, Sarah L. MacLeod, and Olga Koubrak. "Indigenous Rights and Interests in a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges." Arctic Review on Law and Politics 13 (2022): 286. http://dx.doi.org/10.23865/arctic.v13.3264.

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The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and Indigenous rights in the Arctic with attention to the implications for Arctic Ocean governance. The article first introduces international legal instruments of importance to Indigenous peoples and their rights in the Arctic. Then it considers the domestic legal and policy frameworks that define Indigenous rights and interests in Russia and Canada. Despite both states being members of the Arctic Council and parties to the United Nations Convention on the Law of the Sea, there are many differences in their treatment of Indigenous peoples with implications for Arctic Ocean governance.

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MUÑOZ, ALEJANDRO ANAYA. "The Emergence and Development of the Politics of Recognition of Cultural Diversity and Indigenous Peoples' Rights in Mexico: Chiapas and Oaxaca in Comparative Perspective." Journal of Latin American Studies 37, no. 3 (July 29, 2005): 585–610. http://dx.doi.org/10.1017/s0022216x05009478.

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In this article I attempt to explain the differentiated development of the politics of recognition – that is the process of formal recognition of cultural diversity and indigenous peoples' rights – in Mexico, particularly in the states of Oaxaca and Chiapas. I follow an explanatory framework that proposes that the recognition agenda emerges in the context of armed conflict and/or legitimacy and governability crises, and evolves successfully when indigenous actors get access to the decision-making process and form alliances with key political actors. I find that government legitimacy has eroded in both states, and that governability has been severely threatened in Oaxaca and disturbed by armed conflict in Chiapas. However, only in the former have indigenous actors influenced the decision-making process and made alliances with the key decision-makers. This latter finding – fundamental within the explanatory framework followed – begs a further question – why was an alliance between the indigenous and the government elite possible in Oaxaca but not in Chiapas? I go beyond the original explanatory framework and identify a series of structural, contextual and agent-related factors that account for the uneven development of the politics of recognition in each state.

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Sulaiman, Bakri. "Moronene Indigenous Recognition and Protection Regulation Hukaea Laea in Bombana County." Jurnal Hukum Volkgeist 5, no. 2 (June 24, 2021): 160–66. http://dx.doi.org/10.35326/volkgeist.v5i2.1203.

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Regulations on the Recognition and Protection of Customary Law Communities are not always effective. This study was to determine the concept of recognition and protection of the Customary Law Community in Rawa Aopa Watumohai National Park. This research is a normative legal research. The results of the research are First, the law still provides conditional recognition of indigenous peoples, which limits their space. second, that the recognition and protection of the customary MHA of Moronene Hukaea Laea in Bombana Regency has not been maximized. They have received recognition and protection through a recognition of perda, but their customary territory still has the status of designating a National Park Area, so they cannot use it as customary land.

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Strecker, Amy. "Revival, Recognition, Restitution: Indigenous Rights in the Eastern Caribbean." International Journal of Cultural Property 23, no. 2 (May 2016): 167–90. http://dx.doi.org/10.1017/s0940739116000096.

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Abstract:The idea that the indigenous peoples of the Caribbean islands became extinct has until recently dominated scholarly discourse and popular awareness. This “extinction” narrative served to justify the appropriation of indigenous lands during the colonial period, and its legacy continued into post-independence. In recent years, these misconceptions have been put under increasing scrutiny, not only by archaeological, historical, and ethnographic research but also, more importantly, by communities themselves. In Dominica, Saint Vincent, and Trinidad, communities are contesting negative stereotypes, reasserting their presence, and agitating for their human rights in the post-colonial islands states. This article discusses the acquisition of indigenous rights by descendant communities in the eastern Caribbean. It reveals the various degrees to which communities have gained state recognition and illustrates that while progress has been made in relation to recognition and cultural rights for communities in the islands, issues remain in relation to land security.

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Little, Adrian. "The Politics of Makarrata: Understanding Indigenous–Settler Relations in Australia." Political Theory 48, no. 1 (May 13, 2019): 30–56. http://dx.doi.org/10.1177/0090591719849023.

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In May 2017, the Uluru Statement from the Heart was released, providing an Indigenous response to debates on recognition of Aboriginal and Torres Strait Islander peoples in the Australian constitution. The document advocated for a “Makarrata Commission,” which would oversee truth telling and agreement making. This essay analyzes the concept of Makarrata as it has emerged in the context of Indigenous–settler relations in Australia and argues for a deeper engagement of non-Indigenous people with Aboriginal and Torres Strait Islander concepts and practices. By extending some of the methods of comparative political theory to incorporate endogenous as well as exogenous comparisons, the article demonstrates the ways in which Makarrata is likely to contribute to continuing contestation and disagreement between Indigenous and non-Indigenous peoples. While the Uluru Statement marked a significant point in the Australian recognition debate because it reflected a relatively consensual Indigenous message articulated on its own terms, the article suggests that “Makarrata” must not be appropriated into a benign settler discourse of reconciliation, if the concept’s potential to inform substantive change in Indigenous–settler relations is to be realized.

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Sinay, S. B., I. N. Nurjaya, I. Koeswahyono, and M. A. Safaat. "Protection of the rights of indigenous people in the archipelagic province in planning on management of coastal areas and small islands post of Law Number 11 of 2020 concerning job creation." IOP Conference Series: Earth and Environmental Science 890, no. 1 (October 1, 2021): 012071. http://dx.doi.org/10.1088/1755-1315/890/1/012071.

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Abstract The inconsistency of the state’s commitment to the protection of the archipelago’s indigenous people in the management of coastal areas and small islands has become more apparent since the passage of Law Number 11 of 2020 concerning Job Creation. This research is normative legal research that analyzes the synchronization of legislation relating to the management of coastal resources and small islands that are responsive to the protection of indigenous people. The results show that (1) Recognition of indigenous people according to the Job Creation Law is placed on government legal politics in accordance with the provisions of the applicable legislation, showing the incompleteness of norms, which has implications for the weak position of indigenous people in managing coastal resources without recognition/determination as legal subjects. (2) Indigenous people who have received recognition/determination from the local government have the privilege of including the management area as part of the RZ WP3K and managing coastal resources and small islands in accordance with customary law, as long as it does not conflict with the applicable laws. As a result, the research’s recommendations are as follows: (1) Policy advocacy, encouraging acceleration of the legislative process for the Draft Law on Indigenous People and the Draft Law on Archipelagic Regions; and (2) Empowerment, support for capacity building of indigenous people to be critical and innovative in sustainable coastal and small island management through community development.

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Pereira, Gilza Ferreira de Souza Felipe, Wagner Roberto do Amaral, and Jenifer Araujo Barroso Bilar. "A experiência de estar na universidade sob a ótica de uma indígena estudante da pós-graduação." education policy analysis archives 28 (October 26, 2020): 158. http://dx.doi.org/10.14507/epaa.28.4791.

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The present work, the result of the dialogical authorship between an indigenous academic and researcher and two non-indigenous researchers involved in this theme, intends to contribute to greater visibility and recognition of the trajectories of indigenous scholars and professionals formed by public universities in a recent context of affirmative actions that enable the entry and permanence of indigenous and afro-descendant populations in Brazil and Latin America. These subjects have been inserted in the higher education and intensively worked in the most different spaces of student stay, of political struggles, of social and cultural recognition, not only in academic environments but also in the daily life of their communities of belonging. It is a qualitative research, carried out through bibliographical review, documentary research and the report of the experience of an indigenous academic and researcher. The undertaken reflections highlight the daily challenges experienced by indigenous peoples as researchers, intellectuals, protagonists, subjects and authors of the knowledge produced by them, inaugurating an unprecedented moment in the history of indigenous people in Brazil and contributing to new strategies of resistance and strengthening of indigenous people struggles.

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Sembiring, Rosnidar, and Journal Manager APHA. "Recognition and Legal Protection of Customary Law Society over Land." Journal of Indonesian Adat Law (JIAL) 1, no. 1 (October 15, 2020): 199–222. http://dx.doi.org/10.46816/jial.v1i1.21.

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This paper aims at determining the recognition and legal protection of indigenous and tribal peoples on land and natural resources in the perspective of legislation. It uses normative research with literature identification approach, legislation such as Law Number 5 of 1960 on the Basic Regulations of Agrarian Principles (BRAP), and other laws and relevant regulations to this research. The data collected from primary, secondary and tertiary legal materials are analyzed qualitatively, systematically arranged and presented descriptively. Basically the recognition and legal protection of indigenous and tribal peoples has been determined in Article 3 of the BRAP and Article 18 B paragraph (1) of the 1945 Constitution and other sect oral laws and regulations, it is just that there is no synchronization or harmonization between various sectoral laws and regulations governing the recognition and protection of the rights of indigenous peoples.

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Breanna M. Forni. "Political Authority, Recognition, and the Rights of Indigenous Peoples:." Good Society 19, no. 2 (2010): 44. http://dx.doi.org/10.5325/goodsociety.19.2.0044.

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Taitano, Lehua M. "The Language of Recognition: One Indigenous Approach to Pedagogy." Massachusetts Review 62, no. 4 (2021): 784–88. http://dx.doi.org/10.1353/mar.2021.0164.

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de Costa, Ravi. "Recognition and self-determination: Indigenous politics in settler states." Australian Journal of Political Science 50, no. 1 (January 2, 2015): 174–89. http://dx.doi.org/10.1080/10361146.2014.997190.

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Kildea, Paul. "Towards Youth Engagement in the Referendum on Indigenous Recognition." Alternative Law Journal 37, no. 3 (September 2012): 161–65. http://dx.doi.org/10.1177/1037969x1203700304.

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Den Ouden, Amy E. "Recognition, Antiracism & Indigenous Futures: A View from Connecticut." Daedalus 147, no. 2 (March 2018): 27–38. http://dx.doi.org/10.1162/daed_a_00487.

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This essay is offered as a tribute to Golden Hill Paugussett Chief Big Eagle and his defiance of the entrenched racism to which his tribal community has been subjected. I situate this analysis in Connecticut in the early 1970s at a moment of particular historical significance in tribal nations' centuries-long struggles to assert their sovereignty, defend reservation lands, and ensure their futures. I analyze how the racialization of Native peoples in Connecticut informed the state's management of “Indian affairs” in this period and argue that the virulent racism of the state's antirecognition policy in the late twentieth century reflects a long history of institutionally embedded racist policies and practices. In this essay, I call for politically engaged, antiracist research that is concerned with understanding the complexities of tribal sovereignty asserted in local contexts in which governmental control of Indian affairs reproduces and validates White-supremacist ideology.

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Bruchac, Margaret M. "Constructing Indigenous Associations: Protocols of Recognition and NAGPRA Compliance." Anthropology News 51, no. 3 (March 2010): 5–8. http://dx.doi.org/10.1111/j.1556-3502.2010.51305.x.

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Ndahinda, Felix. "Contrasted Perspectives on Recognition and Implementation of Indigenous Rights." International Journal on Minority and Group Rights 18, no. 4 (2011): 413–18. http://dx.doi.org/10.1163/157181111x598363.

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Morris, Shireen. "Love in the High Court: Implications for Indigenous Constitutional Recognition." Federal Law Review 49, no. 3 (May 24, 2021): 410–37. http://dx.doi.org/10.1177/0067205x211016584.

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This article considers implications of the recent Love decision in the High Court for the debate about Indigenous constitutional recognition and a First Nations constitutional voice. Conceptually, it considers how the differing judgments reconcile the sui generis position of Indigenous peoples under Australian law with the theoretical ideal of equality—concepts which are in tension both in the judicial reasoning and in constitutional recognition debates. It also discusses the judgments’ limited findings on Indigenous sovereignty, demonstrating the extent to which this is predominantly a political question that cannot be adequately resolved by courts. Surviving First Nations sovereignty can best be recognised and peacefully reconciled with Australian state sovereignty through constitutional reform authorised by Parliament and the people. The article then discusses political ramifications. It argues that allegations of judicial activism enlivened by this case, rather than demonstrating the risks of a First Nations voice, in fact illustrate the foresight of the proposal: a First Nations voice was specifically designed to be non-justiciable and therefore intended to address such concerns. Similarly, objections that this case introduced a new, race-based distinction into the Constitution are misplaced. Such race-based distinctions already exist in the Constitution’s text and operation. The article then briefly offers high-level policy suggestions addressing two practical issues arising from Love. With respect to the three-part test of Indigenous identity, it suggests a First Nations voice should avoid the unjustly onerous burdens of proof that are perpetuated in some of the reasoning in Love. It also proposes policy incentives to encourage Indigenous non-citizens resident in Australia to seek Australian citizenship, helping to prevent threats of deportation like those faced by Love and Thoms.

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Journal articles on the topic 'Indigenous recognition'

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