Relevant bibliographies by topics / Land tenure – Indigenous peoples – Canada

Academic literature on the topic 'Land tenure – Indigenous peoples – Canada'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Land tenure – Indigenous peoples – Canada"

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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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Johnston, Carla, and Andrew Spring. "Grassroots and Global Governance: Can Global–Local Linkages Foster Food System Resilience for Small Northern Canadian Communities?" Sustainability 13, no. 4 (February 23, 2021): 2415. http://dx.doi.org/10.3390/su13042415.

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Communities in Canada’s Northwest Territories (NWT) are at the forefront of the global climate emergency. Yet, they are not passive victims; local-level programs are being implemented across the region to maintain livelihoods and promote adaptation. At the same time, there is a recent call within global governance literature to pay attention to how global policy is implemented and affecting people on the ground. Thinking about these two processes, we ask the question: (how) can global governance assist northern Indigenous communities in Canada in reaching their goals of adapting their food systems to climate change? To answer this question, we argue for a “community needs” approach when engaging in global governance literature and practice, which puts community priorities and decision-making first. As part of a collaborative research partnership, we highlight the experiences of Ka’a’gee Tu First Nation, located in Kakisa, NWT, Canada. We include their successes of engaging in global network building and the systemic roadblock of lack of formal land tenure. Moreover, we analyze potential opportunities for this community to engage with global governance instruments and continue connecting to global networks that further their goals related to climate change adaptation and food sovereignty.
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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.
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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.
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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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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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Dissertations / Theses on the topic "Land tenure – Indigenous peoples – Canada"

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Mainville, Robert. "Compensation in cases of infringement to aboriginal and treaty rights." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30317.

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This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)
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Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.

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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.
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Strack, Michael S., and n/a. "Rebel rivers : an investigation into the river rights of indigenous people of Canada and New Zealand." University of Otago. School of Surveying, 2008. http://adt.otago.ac.nz./public/adt-NZDU20081217.163025.

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In Canada and New Zealand there are increasing calls for recognition of aboriginal rights which previously were ignored or denied because of the application of English law to concepts of property rights and ownership. English legal principles are vitally important in Canadian and New Zealand society, but there has always been room for local adaptations which could have recognised the existing practices and rights of the indigenous peoples. The English law makes various assumptions about ownership of rivers, dividing them into bed, banks and water, and applying various tests of adjoining occupation, tidalness and navigability to determine rights. Aboriginal property rights have been guaranteed and protected by various mechanisms such as government policy, treaty, and the courts, but there is uncertainty about the status of rivers. The form of the survey definition of reserves and rivers is also fundamental to how property rights may be determined. This thesis examines the situation of rivers in Canada and New Zealand through common law, treaty provisions and through what is now, a developing body of applicable and recognised customary/Aboriginal law. From these three legal foundations, a case study approach focuses on the practical situation of the Siksika people on the Bow River in southern Alberta, and the Kai Tahu on the Taieri River in Otago. This investigation concludes that there are various legal mechanisms by which indigenous people may claim rights to the rivers with which they have a relationship; by resorting to English common law principles; by applying new and developing conceptualisations of customary and aboriginal rights doctrines; by appealing to tribunals examining treaty agreements; or by direct negotiation with the Crown. All of these processes require evidence of past and current relationships, use and occupation of rivers by the indigenous claimants. Current undisputed possession and control may be a satisfactory outcome, but ultimately an acknowledgement of ownership may depend on politically negotiated settlements.
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Toha, Kurnia. "The struggle over land rights : a study of indigenous property rights in Indonesia /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9627.

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Anthias, Penelope. "The elusive promise of territory : an ethnographic case study of indigenous land titling in the Bolivian Chaco." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.707939.

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Besteman, Catherine Lowe. "Land tenure, social power, and the legacy of slavery in southern Somalia." Diss., The University of Arizona, 1991. http://hdl.handle.net/10150/185505.

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This dissertation reconstructs the settlement of the Middle Jubba Valley of Somalia by ex-slaves, their descendents, and other Somalis from 1850 to the present. It is an historical study of the construction of a social identity of the Jubba Valley agriculturalist population, and of the evolution of land tenure and land use patterns in the mid-valley. In examining the effects on valley farmers of new land tenure laws requiring registration of land, it shows how power dynamics are integral to the working of land tenure systems.
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Wawryk, Alexandra Sophia. "The protection of indigenous peoples' lands from oil exploitation in emerging economies." Title page, contents and abstract only, 2000. http://web4.library.adelaide.edu.au/theses/09PH/09phw346.pdf.

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Bibliography: leaves 651-699. "Through case studies of three emerging economies - Ecuador, Nigeria and Russia - this thesis analyses the factors present to a greater or lesser degree in emerging economies, such as severe foreign indebtedness and the absence of the rule of law, that undermine the effectiveness of the legal system in protecting indigenous peoples from oil exploitation. Having identified these factors, I propose that a dual approach to the protection of indigenous peoples' traditional lands and their environment be adopted, whereby international laws that set out the rights of indigenous peoples and place duties on states in this regard, are reinforced and translated into practice through the self-regulation of the international oil industry through a voluntary code of conduct for oil companies seeking to operate on indigenous peoples' traditional lands."
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Harris, Susan L. "Conservation easements on Mexican ejidos an alternative model for indigenous peoples /." Online pdf file accessible through the World Wide Web, 2008. http://archives.evergreen.edu/masterstheses/Accession86-10MES/Harris_SLMESThesis2008.pdf.

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Groke, Veronika. "'Es una comunidad libre' : contesting the potential of indigenous communities in southeastern Bolivia." Thesis, University of St Andrews, 2012. http://hdl.handle.net/10023/2549.

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The thesis is a study of a Guaraní community (comunidad) situated in the Department of Santa Cruz in the southeastern lowlands of Bolivia. The thesis uses the concept of ‘comunidad’ as a focus of investigation. While this concept is one that is familiar and firmly embedded in contemporary discourses throughout Bolivia, the meanings which different people and interest groups attach to it and the purposes which they ascribe to it are far from unanimous. Apart from the physical and legal entity, comprising a group of people, the land on which they live, and the legal title for its ownership, a comunidad is a multifaceted and multilayered complex of diverging and sometimes competing ideas, desires and agendas. Questioning the concept of ‘comunidad’ in this way opens up new perspectives on what people are doing and why that could easily be overlooked in continuing to assume that we know what we are talking about when talking about a ‘comunidad indígena’ in Bolivia today. The thesis explores the case of Cañón de Segura by eliciting and bringing together the various claims and perspectives that impact on the lives of its inhabitants (comunarios). Starting with a historical overview to situate the comunidad within Bolivian and Guaraní history, the thesis moves into an ethnographic discussion of the comunarios’ own perceptions and meanings of ‘comunidad’, followed by an exploration of various outsiders’ perspectives on the same topic that impact on the comunarios’ lives in different ways. The aim of the thesis is to illustrate the overlap and entanglements between these different positions in order to show how the different perspectives on the meaning and purpose of a Guaraní ‘comunidad’ all contribute to shape the actual realities of people’s lives ‘on the ground’.
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Duquet, Pascal. "La controverse historique entourant la survie du titre aborigène sur le territoire compris dans les limites de ce qu'était la province de Québec en 1763." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ38075.pdf.

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Books on the topic "Land tenure – Indigenous peoples – Canada"

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1947-, Benson Marjorie L., and Findlay Isobel, eds. Aboriginal tenure in the Constitution of Canada. Scarborough, Ont: Carswell, 2000.

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Mallory, Mark Laurence. Community knowledge on the distribution and abundance of species at risk in southern Baffin Island, Nunavut, Canada. Hull, Qué: Canadian Wildlife Service, 2001.

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Aboriginal title and indigenous peoples: Canada, Australia, and New Zealand. Vancouver: UBC Press, 2010.

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Negotiating the deal: Comprehensive land claims agreements in Canada. Toronto: University of Toronto Press, 2013.

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On being here to stay: Treaties and Aboriginal rights in Canada. Toronto: University of Toronto Press, 2014.

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Scholtz, Christa Sieglinde. Negotiating claims: The emergence of indigenous land claim negotiation policies in Australia, Canada, New Zealand, and the United States. New York, NY: Routledge, 2006.

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Smith, Melvin H. (Melvin Henry), 1934-. Our home or native land?: What governments' aboriginal policy is doing to Canada. Toronto: Stoddart, 1995.

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Strange visitors: Documents in Indigenous-settler relations in Canada from 1876. Toronto: University of Toronto Press, 2014.

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Negotiating claims: The emergence of indigenous land claim negotiation policies in Australia, Canada, New Zealand, and the United States. New York: Routledge, 2006.

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Ross, Michael Lee. First Nations sacred sites in Canada's courts. Vancouver: UBC Press, 2005.

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Book chapters on the topic "Land tenure – Indigenous peoples – Canada"

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Monterroso, Iliana, and Erin Sills. "Interaction of Conditional Incentives for Ecosystem Conservation with Tenure Security: Multiple Roles for Tenure Interventions." In Land Tenure Security and Sustainable Development, 201–23. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-81881-4_10.

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AbstractThis chapter examines the role of tenure in conditional incentives for ecosystem conservation, often known as PES or payment for ecosystem services. PES systems that mimic market exchange require that resource tenure be clear and uncontested. In practice, there are different levels of conditionality in PES and different types of tenure challenges. REDD+, or Reducing Emissions from Deforestation and Forest Degradation, was initially conceived as a PES system embedded in a global exchange of carbon credits, thus requiring secure forest tenure. We examine one global initiative to achieve that, the Dedicated Grant Mechanism for Indigenous Peoples and Local Communities. Cases in Peru and Indonesia illustrate how tenure interventions can both enable implementation of conditional incentives and become part of those incentives.
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Holland, Margaret B., and Moustapha Diop. "Strategies for Securing Tenure: The Promise and Pitfalls of Formalization." In Land Tenure Security and Sustainable Development, 225–46. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-81881-4_11.

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AbstractIn this chapter, we explore land formalization as a primary mechanism for strengthening land tenure security, initially through an exploration of post-colonial and post-independence large-scale land titling efforts in the Global South. We then explore some common assumptions tied to land formalization, its relationship with tenure security, and how it has reached a current position of prominence on global sustainability agendas. Finally, we discuss the newest generation of efforts to develop more geographically targeted approaches to land formalization, often focusing on the lands of Indigenous Peoples and local communities, to increase tenure security, improve livelihoods, and safeguard ecosystems. We see formalization as remaining an important component of the land tenure security toolbox, but the way it is approached and implemented requires constant reassessment and innovation.
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Mameamskum, John, Thora Martina Herrmann, and Blanka Füleki. "Protecting the ‘Caribou Heaven’: A Sacred Site of the Naskapi and Protected Area Establishment in Nunavik, Canada." In Indigenous Peoples’ Governance of Land and Protected Territories in the Arctic, 107–24. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-25035-9_6.

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Lemelin, Harvey, Margaret Johnston, Dave Lough, Judith Rowell, Wayne Broomfield, Gary Baikie, and Kristie Sheppard. "Two Parks, One Vision – Collaborative Management Approaches to Transboundary Protected Areas in Northern Canada: Tongait KakKasuangita SilakKijapvinga/Torngat Mountains National Park, Nunatsiavut and le Parc national Kuururjuaq Nunavik." In Indigenous Peoples’ Governance of Land and Protected Territories in the Arctic, 71–82. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-25035-9_4.

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Baena, Pablo Arigita, Anne Brunel, Yon Fernández-de-Larrinoa, Tania Eulalia Martinez-Cruz, Charlotte Milbank, and Mikaila Way. "In Brief: The White/Wiphala Paper on Indigenous Peoples’ Food Systems." In Science and Innovations for Food Systems Transformation, 229–59. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-15703-5_13.

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AbstractThe 2021 United Nations Food Systems Summit (UNFSS) was a call from the UN that brought together key players with the objective to provide potential solutions for transforming current food systems and increasing their sustainability, resilience, equitability, nutritional value, and efficiency. Key actors from science, business, policy, healthcare, the private sector, civil society, farmers, Indigenous Peoples, youth organisations, consumer groups, environmental activists, and other key stakeholders came together before, during and after the Summit, to review how food is produced, processed, and consumed across the world in order to bring about tangible, positive changes to the world’s food systems.The White/Wiphala Paper on Indigenous Peoples’ Food Systems (FAO, 2021a) was a critical reference, an evidence-based contribution to the 2021 UNFSS that highlights the crucial role of Indigenous Peoples and their food systems as game-changers and shows us how we can respect, better understand, and protect said systems. The paper resulted from the collective work of Indigenous Peoples’ leaders, scientists, researchers, and UN staff. More than 60 Indigenous and non-Indigenous contributions from 39 organisations and ten experts in six socio-cultural regions were received by the Global-Hub on Indigenous Peoples’ Food Systems. The Global-Hub on Indigenous Peoples’ Food Systems is a knowledge platform that brings together Indigenous and non-Indigenous experts, scientists, and researchers to co-create intercultural knowledge and provide evidence about the sustainability and resilience of Indigenous Peoples’ food systems (https://www.fao.org/indigenous-peoples/global-hub/en/), which coordinated the writing and editing of the paper through a Technical Editorial Committee.The White/Wiphala paper emphasised the centrality of a rights-based approach, ensuring Indigenous Peoples’ rights and access to land, natural resources, traditional territorial management practices, governance, and livelihoods, as well as addressing the resilience and sustainability of their foods systems. The paper demonstrates how the preservation of Indigenous Peoples’ food systems is necessary for the health of more than 476 million Indigenous Peoples globally while providing valid solutions for addressing some of the challenges humankind faces on sustainability, resilience, and spirituality.It is essential to note critical developments that have occurred since the White/Wiphala paper was published in mid-2021, the July Pre-Summit in Rome, and the September Summit in New York, followed by COP26 in Glasgow in November 2021.For example, at COP26, little attention was given to food systems, despite their contribution to the climate crisis, with responsibility for 30% of greenhouse gas emissions (FAO, 2021b). COP26 highlighted the need to focus on mitigation strategies and adaptation in the face of the current climate crisis. These strategies must include Indigenous Peoples’ food systems as game-changers for effective climate adaptation strategies that they have been testing and adjusting for hundreds of years.At the UNFSS Pre-Summit in Rome, the Indigenous Peoples’ delegation voiced their concerns and presented three key proposals: the recognition of Indigenous Peoples’ food systems as a game-changing solution; the launching of a coalition on Universal Food Access and Indigenous Peoples’ food systems; and the request to create an Indigenous Peoples’ fund. All their concerns and proposals were rejected at the Pre-Summit, including launching a Coalition on Indigenous Peoples’ Food Systems and Universal Food Access.In the aftermath of the UNFSS Pre-Summit, and thanks to the leadership of the Chair of the UN Permanent Forum on Indigenous Issues (UNPFII), Indigenous leaders following the UNFSS, seven countries, and the FAO Indigenous Peoples Unit (PSUI), timely discussions and collective work led to the creation of a new Coalition on Indigenous Peoples’ Food Systems.Thanks to the leadership of Mexico and the support of Canada, the Dominican Republic, Finland, New Zealand, Norway, and Spain, along with the support of the UN Permanent Forum on Indigenous Issues (UNPFII), the Global-Hub on Indigenous Peoples’ Food Systems, and FAO, this Coalition was announced at the New York September UNFSS Summit.The Coalition on Indigenous Peoples’ Food Systems builds upon the White/Wiphala Paper, establishing the objective of ensuring the understanding, respect, recognition, inclusion, and protection of Indigenous Peoples’ food systems while providing evidence about their game-changing and systemic nature. To support this objective, the Coalition organises its work around two main goals: Goal 1: Respect, recognise, protect and strengthen Indigenous Peoples’ food systems across the world; and Goal 2: Disseminate and scale-up traditional knowledge and good practices from Indigenous Peoples’ food systems with potential to transform global food systems across the board.
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Nelson, Sarah E. "Aging in Indigenous Canada." In Aging People, Aging Places, 197–204. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781447352563.003.0017.

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This chapter focuses on aging for Indigenous individuals in Canada, which has multiple layers of complexity involving both opportunities and challenges that relate closely to the places in which people live. It discusses 'Indigenous peoples' as an umbrella term that is used internationally to refer to the original peoples of a place, noting that in Canada 'Indigenous peoples' include over 70 distinct language groups and hundreds of different nations. It also refers to the Constitution Act that recognizes three main Indigenous groups: First Nations, Métis, and Inuit. The chapter looks at issues for older and aging Indigenous people, which include urbanization and relationships to land, and health disparities and experiences of dementia and memory loss. It also cites the provision of services in culturally appropriate ways that account for the different geographies of Indigenous aging in Canada.
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Broderstad, Else Grete, and Eva Josefsen. "Comprehending the mandate and interactions of land tenure reform in Finnmark, Norway." In Routledge Handbook of Indigenous Peoples in the Arctic, 159–73. Routledge, 2020. http://dx.doi.org/10.4324/9780429270451-12.

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McDermott, Larry. "Indigenous community vignette." In Aging People, Aging Places, 219–22. Policy Press, 2021. http://dx.doi.org/10.1332/policypress/9781447352563.003.0019.

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This chapter talks about Larry McDermott's work, which focuses on environmental stewardship and 'conservation' that includes engaging with Indigenous law and the commitments made in treaties between Indigenous nations and settler governments. It analyzes how Indigenous peoples factor into community wellbeing on a local level, through honouring all of life, all of creation, and the fact that everything is connected. It also highlights international success and cooperation that have an impact on the health and wellbeing of Indigenous peoples locally. The chapter elaborates the socialization and culture for seniors, as the ability to get together, have fun, and share culture in a social atmosphere is so important. It mentions Plenty Canada, which provided a venue for the school board to do land-based learning through iLead, an Indigenous land-based learning program, in May 2020.
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Bankes, Nigel. "Modern Land Claims Agreements in Canada and Indigenous Rights with Respect to Marine Areas and Resources." In The Rights of Indigenous Peoples in Marine Areas. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509928675.ch-006.

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Iacobucci, Frank. "The United Nations Declaration on the Rights of Indigenous Peoples and Canadian Law." In Essays in International Litigation for Lord Collins, 319—C14.N100. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192867988.003.0015.

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Abstract This chapter begins with a brief history of the Canadian government’s mistreatment of Indigenous people and an overview of the legal frameworks governing Indigenous rights in Canada. Broadly speaking, aboriginal rights are sui generis, or unique, rights held by aboriginal peoples ‘by reason of the fact that aboriginal peoples were once independent, self-governing entities in possession of most of the lands now making up Canada’. Treaty rights arise from treaties or land agreements between Indigenous groups and the Canadian government. The chapter then presents a background of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), focusing on its core principles of free, prior, and informed consent (FPIC) and the corresponding duty to consult. It also examines potential issues and tensions that may arise in adopting UNDRIP as domestic law in Canada. Finally, the chapter looks ahead and discusses strategies to build partnerships between Indigenous groups and the Canadian government as a path forward to achieving reconciliation.
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Conference papers on the topic "Land tenure – Indigenous peoples – Canada"

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Mathewson, Andrew. "“Show-Stopper” — Effectively Managing Project Social Risks: Improved Approaches to Aboriginal Engagement and Consultation." In 2012 9th International Pipeline Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/ipc2012-90145.

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A number of proposed pipelines in western and northern Canada have highlighted critical path social risks associated with effectively engaging and consulting with impacted Aboriginal rightsholders along pipeline rights-of-way. Opening up new markets for Canada’s oil sands, shale and off-shore gas resources will require an expansion of the pipeline system in northern British Columbia, Alberta and the Northwest Territories. While navigating the regulatory approval process can be a formidable hurdle, a far greater challenge is how proponents manage the process of building relationships and consulting with affected Aboriginal communities. Failing to earn Aboriginal support for proposed projects can be a “show-stopper”. Exploration of new basins in Canada, driven by increased demand for energy in Asia, may compete with other land uses and constitutionally-protected rights and practices of indigenous peoples. Public, media and environmental response to new pipelines is often lead by the reaction of impacted communities. The task of identifying the social risks to a project, understanding the engagement process, fulfilling the regulatory consultation requirements of different jurisdictions, balancing impacts with benefits, managing issues and resolving disputes, communicating with the public and media effectively all require improved skills and approaches. The paper surveys the stakeholder engagement experience and differences in approaches for recently proposed major arctic gas and western oil pipeline projects, as well as pipelines to service Liquefied Natural Gas export facilities on the Pacific north coast, providing practical insights with possibly international application. Utilizing decision and risk analysis and scenario planning methodologies, applied to development of an Aboriginal engagement and consultation strategy, the paper examines how multi-billion dollar investments in new pipelines can be better secured by integrating stakeholder engagement into a project’s risk management design. With greater precision and improved approaches proponents can effectively manage social risks, reduce stakeholder conflict and associate project uncertainties.
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Reports on the topic "Land tenure – Indigenous peoples – Canada"

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Almeida, Fernanda. Legislative Pathways for Securing Community-based Property Rights. Rights and Resources Initiative, May 2017. http://dx.doi.org/10.53892/xmhg7144.

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Governments are increasingly recognizing Indigenous Peoples’ and local communities’ rights to land and resources. Despite increased recognition, there are several shortcomings in the legal frameworks through which governments formally recognize community-based property rights. Building on consultations with legal experts on community rights, recent literature, and a review of over 200 national legal instruments, this paper proposes a framework of analysis to systematically classify and evaluate legal pathways to secure recognition of community-based property rights. The framework considers five key elements common to laws recognizing community-based rights, and helps determine how these rights can be exercised and implemented in practice as well as three common legislative entry points through which legal recognition can take place. Furthermore, to illustrate the variety of legal pathways (and potential advantages and limitations of each) that have been used by national legislators to recognize community tenure rights, the paper also applies this framework to the legal frameworks (or tenure “regimes”) included in the Rights and Resources Initiative’s legal tenure rights database. It concludes that although legal recognition in national systems has advanced in the past decades, it is far from ideal, even in the best cases.
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Who Owns the World's Land? A global baseline of formally recognized indigenous and community land rights. Rights and Resources Initiative, September 2015. http://dx.doi.org/10.53892/nxfo7501.

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The first analysis to quantify the amount of land formally recognized by national governments as owned or controlled by Indigenous Peoples and local communities around the world. Ownership of the world’s rural lands and natural resources is a major source of contestation around the globe, affecting prospects for rural economic development, human rights and dignity, cultural survival, environmental conservation, and efforts to combat climate change. Communities are estimated to hold as much as 65 percent of the world’s land area through customary, community-based tenure systems. However, national governments only recognize formal, legal rights of Indigenous Peoples and local communities to a fraction of these lands. Some countries are in the process of recognizing communities’ rights, and estimates from those countries provide some indication of the size of these gaps in recognition. As demands for land tenure reform increase and national processes to recognize land rights advance, this report provides a baseline that documents the current status of formal, statutory recognition of community-based tenure.
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Scaling-Up the Recognition of Indigenous and Community Land Rights: Opportunities, Costs and Climate Implications. Rights and Resources Initiative, March 2021. http://dx.doi.org/10.53892/qmud8864.

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A growing body of evidence suggests that recognition of the collective tenure rights of Indigenous Peoples, local communities, and Afro-descendants is a powerful and cost-effective strategy for addressing the climate and biodiversity crises. In spite of this, international funding for rights recognition pales in comparison to donor mobilization around alternative solutions to these crises.
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UNDER THE COVER OF COVID: New Laws in Asia Favor Business at the Cost of Indigenous Peoples’ and Local Communities’ Land and Territorial Rights. Rights and Resources Initiative, November 2020. http://dx.doi.org/10.53892/ucyl6747.

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This brief discusses legislative developments during COVID-19 in India, Indonesia, and the Philippines that undermine sustainable human-environment interactions and IPs’ and LCs’ broader enjoyment of their rights over their customary territories. While India, Indonesia and the Philippines have yet to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169) (ILO 169), all three countries have ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Each of these countries has also promoted national-level tenure reforms over lands and forests, though their implementation has been weak.
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Who Owns the Land in Africa? Formal recognition of community-based land rights in Sub-Saharan Africa. Rights and Resources Initiative, October 2015. http://dx.doi.org/10.53892/wlvi2246.

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The question of who owns the world’s lands and natural resources is a major source of contestation around the globe, affecting prospects for rural economic development, human rights and dignity, cultural survival, political stability, conservation of the environment, and efforts to combat climate change. To inform advocacy and action on community land rights, RRI has published Who Owns the World’s Land? A global baseline of formally recognized indigenous & community land rights (“the global baseline”), which identifies the amount of land national governments have formally recognized as owned or controlled by Indigenous Peoples and local communities across 64 countries constituting 82 percent of global land area. The report focuses on community-based tenure regimes, which include any system where formal rights to own or manage land or terrestrial resources are held at the community level, including lands held under customary tenure regimes. This brief summarizes findings on community ownership and control of lands in the 19 countries in Sub-Saharan Africa that were included in the global baseline.
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The Opportunity Framework 2020: Identifying Opportunities to Invest in Securing Collective Tenure Rights in the Forest Areas of Low- and Middle-Income Countries. Rights and Resources Initiative, September 2020. http://dx.doi.org/10.53892/rhaa9312.

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Indigenous Peoples, local communities, and Afro-Descendant Peoples (IP, LC & ADP) — roughly 2.5 billion people — customarily manage over 50% of the global land mass, but governments currently recognize their legal ownership to just 10% (RRI, 2015). Fortunately, there has been progress in addressing this historic injustice in recent years as governments have begun to pass legislation and achieve court decisions to recognize the historic and customary use and ownership of these lands. A recent stock-taking finds that since 2002, at least 14 additional countries have passed legislation that require governments to recognize these rights. Similarly, there have been positive national and regional level court decisions in numerous countries supporting the formal recognition of the collective land and forest rights of Indigenous Peoples, local communities, and Afro-descendant Peoples. RRI research demonstrates that if only 7 countries implemented these new laws, policies, and court decisions, over 176 million hectares would be transferred from government to Indigenous, local community, and Afro-descendant ownership, benefitting over 200 million people (RRI, 2018). The focus of this report, and the Framework itself, is limited to formal recognition of land and forest rights (i.e. delimitation, mapping, registry, etc.). It does not assess the important and subsequent steps of strengthening community or territorial governance, the enforcement of these rights by governments, or the capacities necessary to enable Indigenous, local community, and Afro-descendant organizations to manage or exploit their resources or engage in enterprises or economic development activities – all of which are essential for sustained and self-determined conservation and development. This Framework focuses on the first step in this longer process.
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Securing Community Land Rights: Priorities & Opportunities to Advance Climate & Sustainable Development Goals. Rights and Resources Initiative, October 2017. http://dx.doi.org/10.53892/qfuj1241.

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Today, insecure tenure rights threaten the livelihoods and wellbeing of a third of the world’s population, and with it, the very future of our planet. As the historical stewards of the world’s lands and forests, Indigenous Peoples, local communities, and rural women play a critical role in the management and sustainable use of globally significant natural resource systems. In effect, protecting their rights protects everyone’s right to live in a more just, prosperous, and verdant world. Governments, however, have so far been slow to recognize and secure the collective land and resource rights of rural communities. As a result, even though Indigenous Peoples and local communities customarily claim and manage over 50 percent of the world’s lands, they legally own just 10 percent. In order to eliminate poverty; prevent the spread of social and political conflicts; and ensure progress toward global climate, conservation, and development goals, urgent actions are needed to redress this fundamental injustice. Fortunately, the world has never been better positioned to close this gap.
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Urgency and Opportunity: Addressing Global Health, Climate, and Biodiversity Crises by Scaling-Up the Recognition and Protection of Indigenous and Community Land Rights and Livelihoods. Rights and Resources Initiative, September 2020. http://dx.doi.org/10.53892/pqge1890.

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The legal recognition and protection of the land and territorial rights of Indigenous Peoples (IPs), local communities (LCs), and Afro-descendants (ADs) offers one of the most reliable, efficient, and equitable solutions to the pursuit of global climate and biodiversity commitments and the realization of a safer and more resilient world for all. Backed by a robust body of research showing the transformative socio-ecological impacts of community-based tenure security, new analyses now confirm the global extent of community lands and the tangible opportunities within countries to dramatically accelerate the legal recognition and protection of the customary land and resource rights of communities.
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Building Bridges: Innovations and Approaches to Increase Financing to Indigenous and Afro-descendant Peoples and Local Communities for Climate and Conservation Goals. Rights and Resources Initiative, December 2022. http://dx.doi.org/10.53892/ypxi4263.

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Indigenous Peoples, local communities, and Afro-descendant Peoples must be recognized and supported as key actors and leaders in combatting climate change and conserving the Earth’s natural diversity to have any hope of reaching global climate and biodiversity goals. The men and women in these groups have long stewarded their lands, territories, and resources, across an estimated 50% of the global land area. Scientific studies and local experience have increasingly demonstrated that Indigenous Peoples, Afro-descendant Peoples, and local communities with secure tenure and support are often highly effective stewards of forests and other natural ecosystems, with high levels of ecological intactness and low levels of deforestation in their lands relative to other areas. This paper provides an initial overview of emerging experience with “fit for purpose” approaches to channel resources at scale to collective rightsholders and their supporting organizations to conserve and manage forests and rural landscapes. It draws on presentations and discussions from Path to Scale dialogues, a review of recent, relevant literature, public events and further inputs from Path to Scale participants and RRI coalition members.
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Summary: Community Rights and Tenure in Country Emission Reduction Programs: Status and Risks for the FCPF Carbon Fund. Rights and Resources Initiative, June 2016. http://dx.doi.org/10.53892/asds2069.

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A decade after REDD appeared on the international scene, mechanisms to reduce emissions by protecting forests–activities referred to as REDD+–are finally moving from the idea phase to implementation. One of the more advanced REDD+ initiatives is the World Bank-led Forest Caron Partnership Facility (FCPF) Carbon Fund. However, new research from RRI reveals that the plans submitted by governments to the Carbon Fund fall short where indigenous and community rights are concerned. The 13 submissions reviewed by RRI either fail to recognize the importance of land rights or adequately include local peoples in key decision-making processes. In fact, the World Bank’s requirements themselves fail to prioritize these rights.
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