Journal articles on the topic 'Land tenure – Indigenous peoples – Canada'
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1
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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Pujiriyani, Dwi Wulan, M. Nazir Salim, and Maya Rahelia Soinbala. "Agrarian Reform and Indigenous Peoples: Land Management Practices of Boti Tribe." Marcapada: Jurnal Kebijakan Pertanahan 2, no. 1 (November 30, 2022): 64–73. http://dx.doi.org/10.31292/mj.v2i1.27.
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The viability of traditional tenure practices is being dealt with seriously by the privatization process. In this case, it is necessary to take sides to save the remnants of the collective heritage management of the community over shared resources, one of which appears in the context of Boti Tribe. Through Boti, the vertical redistribution model and the horizontal redistribution model can be reflected simultaneously. This vertical redistribution is related to the authority of customary leaders in regulating land tenure and use for all members of the community. Meanwhile, horizontal redistribution is related to resource management carried out among community members. This system works simultaneously and does not present feudal obligations as the base of production relationships built in the feudal hierarchical system. Boti tribe is included in the category of people who are still alive and have tribal customary land areas so that their existence can be confirmed. After receiving recognition from the local government, the identification process can be carried out by recording, measuring, and mapping. If the final product is the issuance of certificates, the only suitable protection mechanism in the case of Boti Tribe is through the issuance of communal certificates.
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Hillier, Sean, and Hamza Al-Shammaa. "Indigenous Peoples Experiences with Aging." Canadian Journal of Disability Studies 9, no. 4 (November 10, 2020): 146–79. http://dx.doi.org/10.15353/cjds.v9i4.674.
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Indigenous Peoples in Canada are a non-homogenous group consisting of First Nations, Metis, and Inuit Peoples representing the original settlers of a given land or a geographical area (Parrott, 2018). Based on geographical location, there are unique names used to describe a given subset or group of Indigenous Peoples around the world. Despite their proximity, they originate from different nations, tribes, and communities and remain distinct in their spoken language, history, and way of life. Although there has been a notable growth in the literature on Indigenous Peoples, relatively little is published about their understanding of healthy aging. Similarly, there is a dearth of literature about the specific needs and wishes of Indigenous Peoples in Canada to facilitate a healthy aging process.
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Rosales, Christian A. "Territories of Fire : Indigenous Communities, Land, and Anarchy Among a Highland People in Mindoro." Journal of Ethnology and Folkloristics 16, no. 2 (December 1, 2022): 239–72. http://dx.doi.org/10.2478/jef-2022-0021.
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Abstract The article challenges the assumption that land tenure is contingent on acquiring a land title. It argues that for Indigenous peoples a land may be delineated, occupied, utilised, and collectively owned through the concept of territoriality. Through a combined ‘anarchist anthropology’ and political ecology the article provides ethnographic evidence from among the Tau-Buhid as a case in point to show that through their everyday relationship with fire and ignition practices territoriality is reinforced among their communities as a basis of land tenure. Thus, despite efforts of the Philippine state to phase out all kinds of fire practice on their land, a portion of which is a declared protected area, ignition continues as a way of orchestrating territorial autonomy against state sovereignty in the highlands. Ultimately, through such practices Indigenous lands have metaphorically transformed into ‘territories of fire’, a frontier where the state is irrelevant to Indigenous life and where state-control apparatuses are inoperable.
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Letnar Černič, Jernej. "Obligaciones de los Estados en materia de derechos territoriales indígenas." Deusto Journal of Human Rights, no. 11 (December 11, 2017): 41. http://dx.doi.org/10.18543/aahdh-11-2013pp41-74.
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<p>This article examines state obligations under indigenous territorial rights. The cultural survival and development of indigenous peoples depends on their spiritual and factual connection with their lands. It argues that indigenous ancestral land rights derive from international and national law. Indigenous customs prefer a collective land tenure system to individual property rights. State obligations regarding indigenous ancestral land rights are based on international human rights treaties and national systems. In short, the paper argues that states have an obligation to respect, protect, and fulfil indigenous land rights. This article also examines their enforcement in the international and domestic arenas.</p><p><strong>Published online</strong>: 11 December 2017</p>
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Kretzler, Ian. "Archives of Native Presence: Land Tenure Research on the Grand Ronde Reservation." American Indian Culture and Research Journal 41, no. 4 (July 1, 2017): 45–70. http://dx.doi.org/10.17953/aicrj.41.4.kretzler.
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Under the banner of indigenous and collaborative archaeologies, heritage professionals and indigenous peoples have developed new forms of scholarly practice. This work has begun to rectify the discipline's historical marginalization of indigenous groups but remains skewed toward academic projects. Less attention has been paid to the hundreds of Tribal Historic Preservation Offices within tribal nations. This article argues that tribal historic preservation provides needed insight to heritage managers of all stripes. Using the Grand Ronde Land Tenure Project as a case study, I discuss how tribally-driven archival research fosters new accounts of Native history and enhances tribes' capacity to care for cultural resources.
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Hansen, John. "Cree Elders’ Perspectives on Land-Based Education: A Case Study." Brock Education Journal 28, no. 1 (December 10, 2018): 74–91. http://dx.doi.org/10.26522/brocked.v28i1.783.
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This study deals with the notion that Indigenous peoples are concerned with preserving their communities, nations, cultural values, and educational traditions. Indigenous peoples have a land-based education system that emerges out of their own worldviews and perspectives, which need to be applied to research concerning Indigenous cultures. This work explores Indigenous land-based education through the perspectives of Cree Elders of Northern, Manitoba. Six Cree Elders were interviewed to explore the ideas and practices of land-based education. The article engages discussion of Indigenous land-based education stemming from Elders’ teachings of Indigenous knowledge, cultural values, identity, and vision. Informed by Cree Elders, this qualitative study articulates an Indigenous interpretation of land-based education. Research findings demonstrate that Indigenous land-based education can be used to promote well-being among Indigenous peoples in Canada. While the study is based on the Cree experience in Northern Manitoba, its message is significant to many other Indigenous and non-Indigenous communities. Drawing on the Elders’ teachings, policy recommendations are generated for advancing Indigenous land-based education
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Domínguez, Lara, and Colin Luoma. "Decolonising Conservation Policy: How Colonial Land and Conservation Ideologies Persist and Perpetuate Indigenous Injustices at the Expense of the Environment." Land 9, no. 3 (February 25, 2020): 65. http://dx.doi.org/10.3390/land9030065.
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The livelihoods of indigenous peoples, custodians of the world’s forests since time immemorial, were eroded as colonial powers claimed de jure control over their ancestral lands. The continuation of European land regimes in Africa and Asia meant that the withdrawal of colonial powers did not bring about a return to customary land tenure. Further, the growth in environmentalism has been interpreted by some as entailing conservation ahead of people. While this may be justifiable in view of devastating anthropocentric breaching of planetary boundaries, continued support for “fortress” style conservation inflicts real harm on indigenous communities and overlooks sustainable solutions to deepening climate crises. In reflecting on this issue from the perspective of colonial land tenure systems, this article highlights how ideas—the importance of individualised land ownership, cultivation, and fortress conservation—are intellectually flawed. Prevailing conservation policies, made possible by global non-governmental organisations (NGOs) and statutory donors, continue to harm indigenous peoples and their traditional territories. Drawing from the authors’ experience representing the Batwa (DRC), the Ogiek and Endorois (Kenya) and Adivasis (India) in international litigation, this paper examines the human and environmental costs associated with modern conservation approaches through this colonial lens. This article concludes by reflecting on approaches that respect environmental and human rights.
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Manitowabi, Joshua. "Wii Niiganabying (Looking Ahead):." Turtle Island Journal of Indigenous Health 1, no. 1 (October 12, 2020): 59–71. http://dx.doi.org/10.33137/tijih.v1i1.34017.
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Fifty years ago, Indigenous elders and leaders drafted their response to the Statement of the Government of Canada on Indian Policy (White Paper of 1969). Their formal rebuttal, Citizens Plus (Red Paper), published in 1970, was a turning point in Indigenous education policy. It marked the beginning of the shift away from government-controlled, assimilationist educational policies to greater Indigenous control over funding and pedagogical methods. The Red Paper refuted the White Paper’s main conclusions and stated that Indigenous peoples are “citizens plus” because the federal government is legally bound to provide Indigenous peoples with services in exchange for the use of the land they occupy. The most important Indigenous rights to be upheld included education, health care, Aboriginal status, and Aboriginal title. These unique rights recognized that Indigenous peoples are the original owners of all the natural resources on their traditional treaty lands. The Red Paper became a political turning point for Indigenous peoples in Canada by presenting an Indigenous vision for a new political and legal relationship between Canada and Indigenous peoples based on Aboriginal and treaty rights. Since the 1970s, Indigenous leaders have struggled to maintain control of educational funding while having to abide by provincial standards of educational curricula. Indigenous communities want to provide more positive learning experiences and positive identity through reconceptualizing educational curricula. They are exploring ways to indigenize the educational experience by igniting cultural resurgence through the integration of Indigenous languages, knowledge, culture, and history by reconnecting students to their elders, land, and communities.
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Errico, Stefania, and Priscilla Claeys. "Human Rights and the Commons: Exploring Approaches to the Governance of Land and Natural Resources beyond Indigenous Peoples’ Rights. The Case of Peasants." International Journal on Minority and Group Rights 27, no. 1 (December 16, 2020): 1–33. http://dx.doi.org/10.1163/15718115-02604123.
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Abstract Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resources beyond the case of indigenous peoples’ rights. It argues that undrop contains key and mutually reinforcing elements of the human rights and collective action approaches to the governance of land and natural resources, and therefore has the potential to ensure the social and environmental ‘viability’ of the commons.
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Mason, Gregory, Sheilla Jones, and Wayne Helgason. "A Modern Annuity for Canada — Concrete Reconciliation." Journal of Aboriginal Economic Development 12, no. 1 (March 2021): 92–110. http://dx.doi.org/10.54056/albs4958.
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Canada’s history features many commercial compacts, agreements, and treaties marking the evolution of the relations between Indigenous Peoples and Settlers. The treaties negotiated between 1850 and 1921 comprised three main elements: the allocation of land for the exclusive use of the signatory First Nations; preservation of hunting and fishing rights; and an individual annuity paid to each band member plus a one-time payment made to the band. The individual annuity was minimal, even in the later 19th century, and has remained unchanged since 1878. This paper explores the rationale, design, implementation, and cost of a Modern Annuity as the concrete measure for reconciliation, acknowledging the value of the land to Canada ceded by the Indigenous peoples.
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Mason, Gregory, Sheilla Jones, and Wayne Helgason. "A Modern Annuity for Canada — Concrete Reconciliation." Journal of Aboriginal Economic Development 12, no. 1 (March 2021): 92–110. http://dx.doi.org/10.54056/albs4958.
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Canada’s history features many commercial compacts, agreements, and treaties marking the evolution of the relations between Indigenous Peoples and Settlers. The treaties negotiated between 1850 and 1921 comprised three main elements: the allocation of land for the exclusive use of the signatory First Nations; preservation of hunting and fishing rights; and an individual annuity paid to each band member plus a one-time payment made to the band. The individual annuity was minimal, even in the later 19th century, and has remained unchanged since 1878. This paper explores the rationale, design, implementation, and cost of a Modern Annuity as the concrete measure for reconciliation, acknowledging the value of the land to Canada ceded by the Indigenous peoples.
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Utomo, Laksanto, and Journal Manager APHA. "Legal Protection of Land Control of Baduy Indigenous People and Sedulur Sikep." Journal of Indonesian Adat Law (JIAL) 1, no. 1 (October 15, 2020): 63–108. http://dx.doi.org/10.46816/jial.v1i1.17.
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Applicability of UUPA, a step forward in the land law, but with the foundation of land tenure and the former western lands that are not owned by an individual into a state land "directly controlled by the State to the maximum benefit of the people", it becomes a big problem, what is it? Proof of ownership of land should be formal and based on the written evidence proved village government (Lurah), how to indigenous peoples who are not familiar with reading and writing, they are farmers working in the tradition to the next. In the Local Rules Samin people not give legal protection to ownership. Meanwhile the Lebak’s District Government issued Decree’s No. 32, 2001 About Protection of Land Rights Baduy society, to guarantee the continuity of the Baduy. This local regulation should be used as an example for legal protection against indigenous peoples.
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Stewart, Suzanne, and Angela Mashford-Pringle. "Moving and Enhancing System Change." International Journal of Indigenous Health 14, no. 1 (May 27, 2019): 3–7. http://dx.doi.org/10.32799/ijih.v14i1.32726.
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All Indigenous peoples across the globe have experienced multiple historical colonial aggression and assaults. In Canada and the USA for example, education was used as a tool of oppression for Indigenous peoples through residential school. Child welfare, health and health care, and forced land relocation are also sites of intensive and invasive harms. Health services continue to be a site of systemic and personal oppression for Indigenous peoples across Canada and the world (Reading 2013). For many years, Indigenous peoples have faced discrimination and racism when accessing biomedical health care. Implementation of colonization in Canada, Australia, New Zealand, and elsewhere, have been well documented to adversely influence aspects of health in many Indigenous communities worldwide and linked to high rates of mental health, education, and employment challenges (see Loppie & Wein, 2009; Mowbray, 2007; Paradies, Harris, & Anderson, 2008); these traumas are rooted attempts in cultural extermination and deep-set pains in regard to identity and well-being (Stout & Downey, 2006; Thurston & Mashford-Pringle, 2015).
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Sommerfeld, Jocelyn, David Danto, and Russ Walsh. "Indigenous land-based interventions and nature-oriented wellness programs: Commonalities and important differences." Journal of Concurrent Disorders 1, no. 3 (September 8, 2019): 37–45. http://dx.doi.org/10.54127/qhpp7238.
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The importance of Indigenous mental health has been highlighted and affirmed by the Truth and Reconciliation Commission of Canada report (2015), the Canadian Psychological Association and The Psychology Foundation of Canada’s Task Force report responding to the TRC findings (2018), as well as numerous recent studies. Unfortunately, Indigenous Peoples in Canada continue to suffer from a lack of appropriate mental health care. Land-based interventions have been cited as one culturally appropriate approach to wellness; nevertheless, given the diversity of nature-oriented wellness programs, confusion exists over the qualities unique to and common across each program. As such, this paper will discuss the qualities of nature-oriented wellness programs currently in use by Indigenous communities (e.g. landbased interventions) with land-based approaches outside of Indigenous communities such as forest bathing, Outward Bound programs, and green or blue space research. The authors will then explore what sets Indigenous land-based interventions apart from these other wellness programs and discuss why land-based interventions hold a deeper meaning for Indigenous Peoples.
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Stewart, Suzanne, and Angela Mashford-Pringle. "Moving Systems to Cultural Safety." International Journal of Indigenous Health 14, no. 1 (May 28, 2019): 0–125. http://dx.doi.org/10.32799/ijih.v14i1.32731.
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All Indigenous peoples across the globe have experienced multiple historical colonial aggression and assaults. In Canada and the USA for example, education was used as a tool of oppression for Indigenous peoples through residential school. Child welfare, health and health care, and forced land relocation are also sites of intensive and invasive harms.
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Brunori, Margherita. "Protecting access to land for indigenous and non-indigenous communities: A new page for the World Bank?" Leiden Journal of International Law 32, no. 3 (June 6, 2019): 501–16. http://dx.doi.org/10.1017/s0922156519000232.
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AbstractThe World Bank has reviewed its environmental and social policies at a moment of intense production of international instruments dealing with land tenure, all of which take the form of soft law. This endeavour is motivated by the progressive acknowledgement of the importance of secure and equitable access to land for the realization of human rights and food security. The latest contribution of the World Bank to this debate is of great significance. This article aims to unveil the effects that the new Environmental and Social Framework is likely to generate in this context. It analyses the protection of access to land and security of tenure contained in the World Bank’s Environmental and Social Standards in light of the developments occurring at the international level. To this end, the article reviews the changes to the standards in the context of the social impacts when a lending project affects land holders or users directly or indirectly; addresses the mechanisms for protecting, compensating and improving livelihood opportunities for those affected by the projects; and comments on the safeguarding of indigenous peoples’ lands. The article finds that the World Bank, by incorporating some of these emerging standards, has confirmed the relevance of emerging principles and guidelines on land, even if they are contained in non-binding instruments. On a critical note, the article recognizes the refusal of the World Bank to adopt the underlying discourse and fully embrace human rights achievements in the context of land issues.
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Fahmi, Chairul, and Muhammad Siddiq Armia. "Protecting Indigenous Collective Land Property in Indonesia under International Human Rights Norms." Journal of Southeast Asian Human Rights 6, no. 1 (June 30, 2022): 1. http://dx.doi.org/10.19184/jseahr.v6i1.30242.
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This essay examines the applicability of international human rights instruments as the legal basis to protect indigenous rights to land, territories, and natural resources to non-ratification countries of the Convention on indigenous peoples’ rights, especially to the Indonesian context. In the last few decades, the United Nations has developed and recognized the rights of indigenous peoples, including rights to their ancestral lands, territories, and resources. These rights have been stipulated in several instruments, such as the ILO Conventions No.169 and UNDRIP. Nevertheless, most Asian and African countries have not ratified the Treaty, including Indonesia. Consequently, the rights failed to be adopted into national policies, which the ratification is a pre-condition before came into force through the national regulations. Indonesia also doubted the exclusive rights of land, territories, and resources traditionally owned by indigenous peoples. Legally, lands, territories, and resources are controlled by the States, as mentioned in Article 33 of the 1945 Constitutional law. Economically, Indonesia relies on land, territories, and natural resources to boost its national revenues. To achieve this aim, the expropriation of indigenous land and territories often occurs through land concession policy for private or state-owned companies. As a result, land tenure and social conflict were common phenomena from the New Order Regime until the current day. This conflict spreads across the country from the west part (Sumatra) to the east of Indonesia (Papua). Therefore, author argues that applying general international human rights instruments will be an alternative approach in protecting the fundamental rights related to their traditional land rights in the Indonesian context.
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Newman, Dwight. "Indigenous Title and its Contextual Economic Implications: Lessons for International Law From Canada’s Tsilhqot’in Decision." AJIL Unbound 109 (2015): 215–19. http://dx.doi.org/10.1017/s2398772300001471.
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International law on the rights of Indigenous peoples has developed rapidly in recent decades. In the latest phase of this development, international instruments on the rights of Indigenous peoples have increasingly offered universalized statements. However, the reality remains that the implementation of Indigenous rights must take place in particular circumstances in particular states. The form of domestic implementation of Indigenous rights may or may not connect closely to international law statements on these rights, and there may be good reasons for that. This essay takes up a particular example of Indigenous land rights and a significant recent development on land rights in the Supreme Court of Canada.
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Miranda, Marcelo Marques. "The Resurgence of the Heritage of Indigenous Peoples of Thailand in the Aftermath of Development." Journal of Heritage Management 4, no. 1 (June 2019): 73–84. http://dx.doi.org/10.1177/2455929619864460.
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The dichotomy between nature and culture in heritage and conservation is inappropriate in the case of indigenous peoples. Many natural sites are often considered sacred and consequently of both spiritual and biodiversity conservation significance. However, this dualist definition is the one usually imposed by nation states. Until 2002, Thailand’s development strategies involving indigenous peoples were mostly connected to what was referred to as the ‘hill tribes’ problems’. These strategies were designed without respecting indigenous peoples’ world views and concepts of good life. Consequently, a fragmentary world view was created among indigenous peoples. These issues are reflected in the establishment of national parks and ‘heritage sites’ as the lack of participation and consent generated many conflicts such as land tenure disputes, resettlement of the communities, difficulties in acquiring citizenship and cultural loss. As a counteracting measure, indigenous peoples have been creating community museums and organizations at local, regional and even transnational level to sustain their cultures and territories. This article suggests that heritage can play a role in a wide range of social, political and economic endeavours in our contemporary world and is used both by nation states to legitimize their interests and by indigenous peoples to legitimize struggles for self-determination.
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Chipofya, Malumbo C., Sahib Jan, and Angela Schwering. "SmartSkeMa: Scalable Documentation for Community and Customary Land Tenure." Land 10, no. 7 (June 22, 2021): 662. http://dx.doi.org/10.3390/land10070662.
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According to the online database landmarkmap, up to an estimated 50% or more of the world’s habitable land is held by indigenous peoples and communities. While legal and procedural provisions are being made for bureaucratically managing the many different types of tenure relations in this domain, there continues to be a lack of tools and expertise needed to quickly and accurately document customary and indigenous land rights. Software and hardware tools that have been designed for documenting land tenure through communities continue to assume a parcel-based model of land as well as categories of land relations (RRR) largely dimensionally similar to statutory land rights categories. The SmartSkeMa approach to land tenure documentation combines sketching by hand with aerial imagery and an ontology-based model of local rules regulating land tenure relations to produce a system specifically designed to allow accurate documentation of land tenure from a local perspective. In addition, the SmartSkeMa adaptor which is an OWL-DL based set of rules for translating local land related concepts to the LADM concepts provides a more high-level view of the data collected (i.e., what does this concept relate to within the national LADM profile?) In this paper we present the core functionalities of SmartSkeMa using examples from Kenya and Ethiopia. Based on an expert survey and focus groups held in Kenya, we also analyze how the approach fairs on the Fit-for-Purpose Land Administration tools scale. The results indicate that the approach could be beneficial in scaling up mapping of community and customary lands as well as help reduce conflict through its participatory nature.
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Dennis, Mary Kate, and Tabitha Robin. "Healthy on our own terms." Critical Dietetics 5, no. 1 (May 14, 2020): 4–11. http://dx.doi.org/10.32920/cd.v5i1.1333.
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Indigenous peoples’ health is often reported through physical health disparities and prevalence of chronic disease experiences. Western perspectives often quantify health by reducing it to a set of numbers using a bio-medical approach. Health for Indigenous peoples in Canada is experienced more holistically, through a broader concept of “being well”, which is achieved through relationships to other people, to the land and creation, and to our ancestors in the spiritual realm. Using this Indigenous lens, the notion of health is applied to the food systems and to healthy eating. Indigenous peoples maintain their health through accessing fresh, original and healthy foods on their traditional lands. In order do so, traditional food systems are composed of a network of complex relationships that include the physical, emotional, spiritual, and intellectual aspects of learning and teaching ways of the land as well as food skills. These relationships feed people holistically through the connection to the land and vice versa. Colonization has created numerous barriers for Indigenous peoples to be healthy on their own terms. There is a great deal of pain associated with food for Indigenous peoples as a result of starvation tactics during treaty negotiation processes, residential schools, nutrition experiments, and hunting and fishing laws which have impacted Indigenous peoples’ ability to eat original foods and maintain their health. The concepts of health and wellbeing, in the context of Indigenous food systems and cultures, should be adapted to serve the needs and represent the realities of Indigenous peoples.
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Parks, Shoshaunna. "Winning Title to Land but Not to Its Past: The Toledo Maya and Sites of pre-Hispanic Heritage." International Journal of Cultural Property 18, no. 1 (February 2011): 111–29. http://dx.doi.org/10.1017/s0940739111000063.
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AbstractThe struggle for indigenous rights to pre-Hispanic cultural heritage parallels the struggle for indigenous land rights in Belize. By Belizean law, material objects and sites of activity older than 100 years in age are the property of the state. Similarly, land inhabited by indigenous communities in southern Belize is held in trust by the government. In 2007 the community of Santa Cruz in southern Belize won customary land tenure over their lands for the first time from the Belizean government. This change in land ownership presents new challenges to the definition of ownership of ancient places in Maya territory. In particular, the transfer of land rights to the community has potential implications for the ownership and management of the local pre-Hispanic site of Uxbenká that may ultimately serve as a paradigm for the future relationship between Maya peoples and ancestral remains throughout the nation.
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Landry, Asselin, and Lévesque. "Link to the Land and Mino-Pimatisiwin (Comprehensive Health) of Indigenous People Living in Urban Areas in Eastern Canada." International Journal of Environmental Research and Public Health 16, no. 23 (November 28, 2019): 4782. http://dx.doi.org/10.3390/ijerph16234782.
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Mino-pimatisiwin is a comprehensive health philosophy shared by several Indigenous peoples in North America. As the link to the land is a key element of mino-pimatisiwin, our aim was to determine if Indigenous people living in urban areas can reach mino-pimatisiwin. We show that Indigenous people living in urban areas develop particular ways to maintain their link to the land, notably by embracing broader views of “land” (including urban areas) and “community” (including members of different Indigenous peoples). Access to the bush and relations with family and friends are necessary to fully experience mino-pimatisiwin. Culturally safe places are needed in urban areas, where knowledge and practices can be shared, contributing to identity safeguarding. There is a three-way equilibrium between bush, community, and city; and mobility between these places is key to maintaining the balance at the heart of mino-pimatisiwin.
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Corntassel, Jeff, Robynne Edgar, Renée Monchalin, and Carey Newman. "Everyday Indigenous resurgence during COVID-19: a social media situation report." AlterNative: An International Journal of Indigenous Peoples 16, no. 4 (October 30, 2020): 403–5. http://dx.doi.org/10.1177/1177180120968156.
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For Indigenous Nations on Turtle Island (Canada and the USA), the onset of COVID-19 has exacerbated food insecurity and adverse health outcomes. This situation report examines ways that Indigenous peoples on Turtle Island have met the challenges of the pandemic in their communities and their daily practices of community resurgence through social media. Drawing on the lived experiences of four Indigenous land-based practitioners, we found that social media can offer new forms of connection for Indigenous peoples relating to our foods, lands, waterways, languages, and our living histories.
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SALEH, MOHAMMED ABDULLAH EBEN. "Alternative land management approaches in the highlands of south-western Saudi Arabia." Environmental Conservation 25, no. 4 (December 1998): 295–304. http://dx.doi.org/10.1017/s0376892998000381.
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There is debate world-wide over urbanization, structured planning, deforestation and land management; these issues are no less important in Saudi Arabia.State tenure of traditionally protected lands in Saudi Arabia has created gaps in the protection of the ecosystem and control of urbanization that indigenous peoples can fill. The present situation has emerged since 1932 when local control of resources was lost in the drive to unify the Kingdom politically. An alternative to the practised system of land management and planning is proposed. The alternative is that which recognizes indigenous people as potential stewards of the vernacular landscape and it may play a leading role in the conservation and management of the highlands of the south-western region of Saudi Arabia.To strengthen the 1993 Law of Regions which aimed at improving the standard of administrative work and development in the Kingdom will require the establishment of a new relationship between indigenous people, scientists and national governmental organizations. In this, indigenous peoples should have juridical recognition and control over large areas of forests around their settlements in exchange for a commitment to conserve the ecosystem and protect biodiversity. In essence, such an outcome may offer the integration of two knowledge systems into an innovative resource-management strategy and land-conservation plans.
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Arneil, Barbara. "Demobilised Soldiers, Small Holdings Colonies and the Compulsory Acquisition of Land after World War One: Scotland and Canada." Northern Scotland 11, no. 2 (November 2020): 176–87. http://dx.doi.org/10.3366/nor.2020.0220.
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This article compares the Small Holdings Colonies Acts (1916 and 1918) for demobilized WWI soldiers in Britain upon which the Land Settlement (Scotland) Act of 1919 was established; and similar small holdings colonies for demobilized soldiers in Canada with a particular focus on provisions for the state to engage in compulsory acquisition of land for this purpose. My research shows in the Highlands and Islands of Scotland, colonies and compulsory acquisition of land under the 1919 Act were part of a larger land reform movement (breaking up large estates) and represent progressive advances for traditional occupants – the crofters and tenant farmers – to have rights over their own lands. In Canada, on the other hand, domestic colonies for British soldiers served to displace indigenous peoples from their reserves already vastly diminished compared to traditional territories. The compulsory acquisition of land through surrenders from reserves compounded the problem. As such colonies in Canada had negative impacts on indigenous peoples as part of an ongoing settler colonization process. Thus I show that small holdings colonies particularly when combined with compulsory acquisition of land work in opposite directions normatively and materially in each country.
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Nwobi, J. C., and M. A. Alabi. "Access to Land and Legal Security of Tenure: Implications and Impact on Rural Development in Abia State, Nigeria." Journal of Physical Science and Environmental Studies 7, no. 2 (August 28, 2021): 15–21. http://dx.doi.org/10.36630/jpses_21004.
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In the rural and communal settings, land rights are culturally attached to indigenous peoples in Nigeria, especially the inhabitants of the southern part of the country. Culturally, the customary land tenure system has generic value and security in such ways that it could be transferred from one owner to owner without restrictions. Security of land tenure is a vital ingredient that enhances the transferability of greater altitudes of investment. The study adopted a random sampling method and selected 1,061 house-owners and administered a set of structured questionnaires that contained questions that probed into issues on their accessibility to land and legal security of tenure. Another set of questionnaires was differently designed to elicit information from other stakeholders (Land managers, Town planning Agencies, Community/Family Heads, etc). Data obtained from the primary source were subjected to empirical analysis. The data were also complemented by secondary data. The findings revealed the socio-economic characteristics of the house-owners, means and duration of the period of land acquisition, determinants of access to land, and the implications on the securing planning permission, construction of illegal structures and the quality of construction. Finally, the paper recommended that tenure security in customary areas can be enhanced through the formalization of customary tenure. Governments should facilitate this process, initially where there is a demand for formalization. There is a need to harmonize reform efforts across customary and statutory law, regulations. Keywords: Land, Access to Land, Security of Tenure, Statutory law, Customary law, Rural Land.
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Mitchell, Terry. "Colonial Trauma: Complex, continuous, collective, cumulative and compounding effects on the health of Indigenous Peoples in Canada and beyond." International Journal of Indigenous Health 14, no. 2 (August 9, 2019): 74–94. http://dx.doi.org/10.32799/ijih.v14i2.32251.
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Indigenous peoples across the globe suffer a disproportionate burden of both mental and physical illness relative to Settler populations. A substantial body of research indicates that colonialism and its associated processes are important determinants of Indigenous peoples' health. In Canada, despite an abundance of health research documenting inequalities in morbidity and mortality rates for Indigenous peoples, relatively little research has focused on the political, historical, cultural basis of health disparities. This paper advances a theory of colonial trauma as a conceptual framework with which to understand Indigenous health and mental health disparities. Colonial Trauma is described as a complex, continuous, collective, cumulative and compounding interaction of impacts related to the imposition of colonial policies and practices which continue to separate Indigenous Peoples from their land, languages, cultural practices, and one another. The theory of colonial trauma is presented as useful a framework for understanding the links between persistent health disparities, the traumagenic nature of colonialism and the right of self-determination.
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Godlewska, Anne M. C., Laura M. Schaefli, Melissa Forcione, Christopher Lamb, Elizabeth Nelson, and Breah Talan. "Canadian colonialism, ignorance and education. A study of graduating students at Queen’s University." Journal of Pedagogy 11, no. 1 (June 1, 2020): 147–76. http://dx.doi.org/10.2478/jped-2020-0008.
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AbstractCanada has long been a colonial country and an extractive economy. In the 20th century, with the adoption of multiculturalism and a global peace keeping mission, the country seemed to embrace a new ethos. However, Canada remains deeply colonial and, in spite of a judiciary that since the repatriation of the Constitution in 1982, increasingly recognizes Indigenous land, resource and identity rights, its economy continues to be extractive, with abiding impacts on the Indigenous peoples of Turtle Island (North America). Our study of the knowledge, ignorance and social attitudes of exiting undergraduate students at Queen’s University suggests that students in this part of Canada (Ontario) are educated to misunderstand the fundamental geographies of Indigenous peoples, their land, and their identity. But the contradiction between image and reality is beginning to attract the students’ attention and disrupt their sense of being part of a just society.
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Atleo, Clifford, and Jonathan Boron. "Land Is Life: Indigenous Relationships to Territory and Navigating Settler Colonial Property Regimes in Canada." Land 11, no. 5 (April 21, 2022): 609. http://dx.doi.org/10.3390/land11050609.
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Respectful and reciprocal relationships with land are at the heart of many Indigenous cultures and societies. Land is also at the core of settler colonialism. Indigenous peoples have not only been dispossessed of land for settler occupation and resource extraction, but the transformation of land into property has created myriad challenges to ongoing struggles of land repatriation and renewal. We introduce several perspectives on land rooted in diverse Indigenous worldviews and contrast them with settler colonial perspectives rooted in Eurocentric worldviews. We then examine several examples in Canada where Indigenous nations attempt to reconnect with their homelands, protect them, and/or engage with them for economic development. We look at land relationships rooted in historical treaties, contemporary comprehensive claims/self-government agreements, the Indian Act, and the defence of unceded territories. The Indigenous communities we look at include the Six Nations of the Grand River, the Nisga’a Lisims Government, the Westbank First Nation, and the Wet’suwet’en. We contend that a complex configuration of settler colonial institutions challenges long-term efforts for Indigenous land reclamation, protection, and sustainable development, however, Indigenous nations remain steadfast in asserting their self-determination in diverse relational ways inside and outside of settler state systems.
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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.
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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.
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Demakota, Claudia Mouren, Welson M. Wangke, and Jenny ,. Baroleh. "INTERAKSI SOSIAL TRANSMIGRAN DESA WERDHI AGUNG DENGAN PENDUDUK ASLI DESA IBOLIAN DI KECAMATAN DUMOGA TENGAH." AGRI-SOSIOEKONOMI 13, no. 1A (April 24, 2017): 239. http://dx.doi.org/10.35791/agrsosek.13.1a.2017.15649.
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This study aims to find out how cooperation, competition, conflict and accommodation between transmigration living in the village of Werdhi Agung with indigenous people in Dumoga Sub-district. This study was conducted from December 2016 to February 2017, starting from preparation to the formulation of the research report. The data used in the form of primary data and secondary data. This research is done by purposive sampling technique. The total respondents in this study were 40 people, who were the head of the family, consisting of 20 members of the transmigrant group from Bali and 20 members of the indigenous Mongondow community representing the local population. Data analysis was done descriptively by using Likert Scale. The results show that: a) The cooperation between transmigrants and indigenous peoples is so harmonious that in their daily life it has reflected a broad assimilation / mixing form arising from the realization that they have common interests, both individually and in groups, they are aware that they have different ethnic cultural backgrounds. This has a positive effect on the social life of transmigration communities and indigenous peoples in coexistence. b) Competition between transmigrants and indigenous people is marked by land ownership / social jealousy competition and competition between village youth but no competition or threat of violence. c) Conflicts between transmigrants and indigenous peoples only occur in land tenure, and the conflicts are not frequent among rural youth. d) Accommodation or work to end disputes or conflicts between conflicting parties ie between transmigrants and indigenous peoples can be resolved either through the family or with the help of villagers and government officials.
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Marshall, Albert, Karen F. Beazley, Jessica Hum, shalan joudry, Anastasia Papadopoulos, Sherry Pictou, Janet Rabesca, Lisa Young, and Melanie Zurba. "“Awakening the sleeping giant”: re-Indigenization principles for transforming biodiversity conservation in Canada and beyond." FACETS 6 (January 1, 2021): 839–69. http://dx.doi.org/10.1139/facets-2020-0083.
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Precipitous declines in biodiversity threaten planetary boundaries, requiring transformative changes to conservation. Colonial systems have decimated species and ecosystems and dispossessed Indigenous Peoples of their rights, territories, and livelihoods. Despite these challenges, Indigenous-governed lands retain a large proportion of biodiversity-rich landscapes. Indigenous Peoples have stewarded the land in ways that support people and nature in respectful relationship. Biodiversity conservation and resurgence of Indigenous autonomies are mutually compatible aims. To work towards these aims requires significant transformation in conservation and re-Indigenization. Key to both are systems that value people and nature in all their diversity and relationships. This paper introduces Indigenous principles for re-Indigenizing conservation: ( i) embracing Indigenous worldviews of ecologies and M’sɨt No’kmaq, ( ii) learning from Indigenous languages of the land, ( iii) Natural laws and Netukulimk, ( iv) correct relationships, ( v) total reflection and truth, ( vi) Etuaptmumk—“two-eyed seeing,” and “strong like two people”, and ( vii) “story-telling/story-listening”. Although the principles derive primarily from a Mi’kmaw worldview, many are common to diverse Indigenous ways of knowing. Achieving the massive effort required for biodiversity conservation in Canada will entail transformations in worldviews and ways of thinking and bold, proactive actions, not solely as means but as ongoing imperatives.
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Tsiouvalas, Apostolos. "Mare Nullius or Mare Suum? Using Ethnography to Debate Rights to Marine Resources in Coastal Sámi Communities of Troms." Yearbook of Polar Law Online 11, no. 1 (April 3, 2020): 245–72. http://dx.doi.org/10.1163/22116427_011010013.
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While legal progress on Indigenous land claims has recently been fostered around the globe, sea claims still lag behind. Since the beginning of colonization, the doctrine of mare nullius declared seas vacant of Indigenous tenure or authority and led to the establishment of sovereign State jurisdiction over offshore areas, and more recently to the characterization of the living resources in these waters as accessible for each State’s citizens. In Norway, colonialism was not characterized by transoceanic settlement. The concept of establishing sovereignty in offshore areas attached to the land, however, had the same basis as the European colonies in America or Oceania. In this context, the acknowledgement of the marine living resources in the waters attached to the land as common goods for all Norwegian citizens adversely affected the Coastal Sámi Indigenous peoples, who exclusively and since time immemorial managed the wild marine living resources based on customary systems of marine tenure. Additionally, due to increased regulations over the past few decades, it has become difficult for the Coastal Sámi to continue their traditional way of living. Still, legislation and recommendations on Indigenous participation in marine resource management exist and derive from both Norwegian and international law. However, despite the established legal framework, Coastal Sami participation in marine resource management is often questioned. It has been argued that the most appropriate way to ensure Indigenous inclusion in marine resource management is to look at the reverse side of the coin, exploring Indigenous tenure, legal traditions and knowledge, and accommodate them within State law. This project aims, through ethnographic fieldwork and literature analysis, to discuss the current status of Coastal Sámi fisheries in the communities of Troms County, and illustrate local conceptions of marine resource management among the project participants.
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Timler, Kelsey, Colleen Varcoe, and Helen Brown. "Growing Beyond Nutrition:." International Journal of Indigenous Health 14, no. 2 (August 9, 2019): 95–114. http://dx.doi.org/10.32799/ijih.v14i2.31938.
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Many Indigenous communities in Canada experience disproportionate rates of food insecurity and diet-related diseases impacted by historic and ongoing colonialism. Barriers to health and wellbeing associated with ongoing colonial processes also have resulted in inequities for Indigenous peoples within the criminal justice system. A prison garden program in British Columbia, Canada, attempts to address inmate rehabilitation and Indigenous community food insecurity by supporting incarcerated men to grow and subsequently donate organic produce to rural and remote Indigenous communities. Qualitative research undertaken to study program impacts shows that the focus on food security for Indigenous communities, while important, does not take into account wider contexts of colonialism and the importance of access to land, resources and rights inherent in food sovereignty. The study findings signal the limitations of programs and research that focus solely on food security for Indigenous peoples, and outlines how accounting for the colonial context can emphasize the critical role of Indigenous values, community strengths, and priorities for fostering food sovereignty and health.
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He, Yifan, Juan Pablo Baldiviezo, Arun Agrawal, Vicente Candaguira, and Ivette Perfecto. "Guardians of the Forests: How Should an Indigenous Community in Eastern Bolivia Defend Their Land and Forests under Increasing Political and Economic Pressures?" Case Studies in the Environment 3, no. 1 (December 31, 2019): 1–14. http://dx.doi.org/10.1525/cse.2019.sc.946307.
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Many indigenous communities across Latin America depend on forests for livelihood. In eastern Bolivia, indigenous communities face increasing challenges in forest management due to insecure land tenure, lack of capacity, and state policies that favor extractivism and export-oriented agriculture. This case study examines the dilemma of forest management in the Guarayos Indigenous Territory, with a particular focus on the influence of conflictive policies under Evo Morales administration. Using a combination of literature reviews, semi-structured interviews, and land use/land cover analysis, we investigated the drivers behind the challenges that the Guarayos indigenous community is facing in the forest and land governance and explore potential solutions. We found that deforestation within the Guarayos Indigenous Territory from 2000 to 2017 was primarily driven by agricultural commodity production. Despite its promises on protecting nature and the indigenous peoples, the government weakened the Guarayos indigenous people’s governance capacity through failure of forest law enforcement, prioritization of extractivism and export-oriented agriculture, and support for land titling of external entities. We presented these findings through a case narrative featuring the president of Guarayos indigenous government as the decision-maker. This case study provides an illustrative example of the challenges and management strategies in indigenous land and forest governance in the Latin American context. A Spanish version of this case study is available at https://www.learngala.com/cases/bolivia-forests-esp.
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Setiawan, Tomi. "DEVELOPING KNOWLEDGE TO POLICY: STUDY ON INDIGENOUS PEOPLE'S RECOGNITION OF LAND RIGHTS DISCOURSE IN PUBLIC POLICY." Jurnal Wacana Kinerja: Kajian Praktis-Akademis Kinerja dan Administrasi Pelayanan Publik 24, no. 1 (July 12, 2021): 1. http://dx.doi.org/10.31845/jwk.v24i1.669.
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One of the major themes in contemporary public policy studies is to making public policy based on or based on science by relying on various research results. Knowledgee is continually being discourses through a set of studies until finally it can be used as a basis for making good public policy. This paper aims to analyze the land tenure struggle within the public policy in the context of developing knowledge for policy after New Order Era. Conceptually the tenure discourse is understood as a recognition by the state over the rights of indigenous people land that essentially becomes a reflection of the willingness the state power bearers to recognize the existence of autonomous indigenous peoples. The method used in this paper is qualitative method, with research technique of literature study and document analysis, and also participatory observation. In conclusion, the agenda to recognize community rights over land and other natural resources should be formulated with new provisions and / or use of the old provisions, which maintain harmony between people who are de facto entitled to land and natural resources, with government authorities on the basis of the political conception of the state property rights, contained in the law on land and natural resources.
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Nidasari, Nisa Istiqomah. "PELUANG PENERAPAN FPIC SEBAGAI INSTRUMEN HUKUM PROGRESIF UNTUK MELINDUNGI HAK MASYARAKAT ADAT DALAM KEGIATAN USAHA MINYAK DAN GAS BUMI." Jurnal Hukum Lingkungan Indonesia 1, no. 2 (July 28, 2014): 50–85. http://dx.doi.org/10.38011/jhli.v1i2.15.
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AbstrakPengadaan tanah untuk kegiatan industri minyak dan gas bumi merupakan kegiatan strategis yang diprioritaskan negara atas nama ‘kepentingan umum’. Tidak jarang, pengadaan tersebut merampas hak tenurial masyarakat adat demi menyediakan lahan bagi perusahaan untuk melakukan eksplorasi dan eksploitasi. Padahal fungsi tanah bagi masyarakat adat tidak hanya sebagai tempat tinggal saja, tetapi juga sebagai tempat peribadatan, sumber mata pencaharian serta bagian dari budaya dan warisan leluhur yang harus dipertahankan dan dilestarikan. Hak masyarakat adat terhadap tanah ulayat juga dilindungi oleh berbagai instrumen hukum nasional dan internasional.Salah satu prosedur yang dapat memberikan perlindungan terhadap hak-hak fundamental masyarakat adat adalah FPIC (Free, Prior and Informed Consent) atau PADIATAPA (Persetujuan Atas Dasar Informasi Awal Tanpa Paksaan). Secara khusus, tulisan ini bertujuan untuk menjawab pokok permasalahan sebagai berikut: Pertama, mengapa FPIC dapat menjadi instrumen hukum progresif untuk melindungi hak-hak masyarakat adat dalam kegiatan usaha migas? Kedua, bagaimana FPIC dapat meningkatkan kepastian hukum bagi investasi di sektor migas? Ketiga, bagaimana strategi untuk menerapkan FPIC dalam kebijakan pengadaan tanah untuk industri migas di Indonesia? AbstractLand clearing for oil and gas industry is deemed as a strategic activity that is prioritized in the name of ‘Public Interest’. In many cases, such land clearing confiscated the land tenure of indigenous peoples to give space for oil companies conducting exploration and exploitation. This is unacceptable for indigenous peoples because not only they often depend on their customary land for their livelihoods and residence, but also because it has strong cultural and often spiritual significance. The rights of indigenous peoples over their customary land is protected under national and international legal frameworks.One of the procedure that shall gives a protection over the fundamental rights of Indigenous Peoples is FPIC (Free and Prior Informed Consent). In the business perspective, FPIC will increase the legal certainty for invesment as it provides the companies with social license to extract. Specifically, this paper will address the following questions: First, how FPIC could be a progressive legal instrument to protect Indigenous Peoples rights in the activity of oil and gas? Second, how FPIC could increase the legal certainty for investment in oil and gas industry? Third, what are the strategies to apply FPIC in the land clearing policy for oil and gas industry in Indonesia?
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Tsuji, Stephen R. J. "Canada’s Impact Assessment Act, 2019: Indigenous Peoples, Cultural Sustainability, and Environmental Justice." Sustainability 14, no. 6 (March 16, 2022): 3501. http://dx.doi.org/10.3390/su14063501.
Full textAbstract:
It is well documented that the colonizers of Canada have long coveted the ancestral homelands of the Canadian Indigenous peoples for settlement and development. With this end goal in mind, it is not surprising that there exists an extensive history of assimilative efforts by the colonizers with respect to the Indigenous peoples of Canada—for example, legal assimilation through enfranchisement (voluntary and involuntary) and blood quantum requirements, and cultural assimilation through residential schools and the “sixties scoop”. Another form of assimilation is environmental assimilation, that is, colonial development on Indigenous homelands to the extent whereby Indigenous cultural activities can no longer be supported in the development-transformed environment. Herein, I examine Bill C-69, a Government of Canada omnibus bill, through an environmental justice lens in the context of development across Canada on Indigenous homelands and impacts on Indigenous cultural sustainability. Specifically, Part 1 (i.e., the Impact Assessment Act, 2019) and Part 3 (i.e., the Canadian Navigable Waters Act, 2019) of Bill C-69 pose significant threats to Indigenous cultural sustainability. Through an environmental justice lens, procedural aspects include the use of the project list and scheduled waterways, the discretionary decision-making powers of the Government of Canada representatives, and the lack of acknowledgement of procedural elements of the environmental assessment processes that are constitutionally protected in comprehensive land claims. While, distributive justice aspects consist of unsustainable development from an Indigenous perspective, whereby environmental costs and benefits have been (and will be) distributed inequitably. Bill C-69 is a flawed statute that reinforces the colonial policy of assimilation.
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McLeod, Fraser, Leela Viswanathan, Jared Macbeth, and Graham S. Whitelaw. "Getting to Common Ground: A Comparison of Ontario, Canada’s Provincial Policy Statement and the Auckland Council Regional Policy Statement with Respect to Indigenous Peoples." Urban Planning 2, no. 1 (April 3, 2017): 72–87. http://dx.doi.org/10.17645/up.v2i1.850.
Full textAbstract:
Indigenous rights are crucial to contemporary land use planning and policy in settler states. This article comparatively analyzes the manifest and latent content of the 2014 Provincial Policy Statement of Ontario, Canada (PPS) and the 1999 Auckland Council Regional Policy Statement of Aotearoa New Zealand (ACRPS) in order to evaluate their relative capacity to recognize the rights of Indigenous peoples. While the results show that jurisdiction is an impediment to fostering common ground between Indigenous peoples and settler states, the authors conclude that the PPS and the ACRPS serve vital roles in building dialogue and equitable planning outcomes.