The return of the native in Indonesian law: Indigenous communities in Indonesian legislation

2008 ◽  
Vol 164 (2) ◽  
pp. 165-193 ◽  
Author(s):  
Adriaan Bedner ◽  
Stijn van Huis
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
International Organizations ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
The United Nations ◽  
Special Rights ◽  
Near Future ◽  
Do So

Although the UN-proclaimed ‘Decade for Indigenous Peoples’ officially ended in 2004, the continuing array of activities in support of special ‘indigenous rights’ shows that this movement has lost little of its impetus. In spite of criticism of the underpinnings and of the consequences of attributing special rights to ‘indigenous communities’ (Kuper 2003), support for them has remained strong – among NGOs, international organizations, governments, and scholars who do not agree with the criticism. The most notable event in this context is that after having failed to do so in 2004 the United Nations finally adopted the ‘Declaration on the Rights of Indigenous Peoples’ on 13 September 2007, with an overwhelming 144 countries voting in favour. Thus, there is little reason to suppose that the movement will run out of steam in the near future.

Realising Ainu indigenous rights: a commentary on Hiroshi Maruyama's ‘Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?’

Polar Record ◽  
2013 ◽  
Vol 50 (2) ◽  
pp. 209-211 ◽  
Author(s):  
Naohiro Nakamura
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Japanese Government ◽  
The United Nations ◽  
The Government ◽  
Post War ◽  
Legal Frameworks ◽  
United Nations Declaration

ABSTRACTThis commentary reviews Maruyama's article ‘Japan's post-war Ainu policy: why the Japanese Government has not recognised Ainu indigenous rights?’ (Maruyama 2013a), published in this journal. Maruyama criticises the government for its reluctance to enact a new Ainu law to guarantee indigenous rights, even after Japan's ratification of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, in actuality, the government is searching for the foundation of new Ainu policies in the existing legal frameworks and trying to guarantee some elements of indigenous rights. Japan's case suggests the possibility of realising indigenous rights without the enactment of a specific law.

scholarly journals ‘Another Tool in the Kete’: Māori Engaging with the International Human Rights Framework

2021 ◽  
Author(s):  
◽  
Hannah Mackintosh
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Local Level ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Development Project ◽  
Methodological Foundation ◽  
Rights Discourse ◽  
The Way

<p>In this study, I consider how the universal concept of human rights is being engaged with and interpreted by Māori communities in Aotearoa/New Zealand. The rights of indigenous peoples have recently been formally defined within United Nations forums and cemented in the United Nations Declaration on the Rights of Indigenous Peoples. This research argues that the indigenous rights movement indicates a shift in many of the debates that have dominated the global rights rhetoric to a more evolutionary concept of human rights. It suggests that engaging with these debates has the potential to open up new dialogue within the human rights discourse for alternative ways of considering human rights at the global level. This will impact the way that rights-based approaches to development are implemented, engaged with and utilised at the local level. However, currently little is known about the ways in which indigenous communities are using human rights at the local level. This work focuses on a successful rights-based community development programme as a case study. Through this exploration, I consider the levels of empowerment and the positive impacts that resulted from increased knowledge of human rights in the region. I further present some of the principles inherent in the successful application of a rights-based development project. From a methodological perspective, it provides an exploration into the way that research involving indigenous communities is conducted. As a Pākehā researcher working with Māori communities I had to take extra care to ensure that this research had an ethically sound methodological foundation. Taking a critical perspective, I consider some of the political and social implications of being a non-indigenous researcher working with indigenous communities. This work illustrates that highly ethical, critical methodological approaches are essential to any development work. Overall, the research proposes that Māori concepts of human rights are placed within a distinct cultural framework. Human rights are understood and given meaning through Kaupapa Māori, tikanga and whakapapa. They are also framed within the experiences of a colonial history. This research provides an example of how this universal framework is localised to fit particular historical, local and cultural contexts increasing its potential to be a tool for positive social change. It provides a conceptual, methodological and practical inquiry into rights-based approaches as a way of delivering development.</p>

The New Legal Context of Indigenous Peoples' Rights: The United Nations Declaration on the Rights of Indigenous Peoples

2013 ◽  
Vol 37 (4) ◽  
pp. 141-156 ◽  
Author(s):  
Julie Rowland
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Future Research ◽  
Historical Trends ◽  
Legal Context ◽  
American Law ◽  
The United Nations ◽  
United Nations Declaration ◽  
First Time

The United Nations Declaration on the Rights of Indigenous Peoples is a momentous step both for indigenous peoples and the nations in which they reside. For the first time, the global community recognizes the unique rights of indigenous peoples and aspires to protect those rights. The new declaration is shaped by the historical trends of international law, and it will be implemented within the context of local and national law. To provide a better understanding of the declaration and to prepare citizens for its implementation, this essay examines how the international legal approach to rights will affect its implementation. Additionally, this article assesses issues of interpretation that may occur when the declaration is implemented. An examination of the application of the declaration in the context of American law provides an example of potential conflicts that may arise between national law and the declaration. Other legal sources of indigenous rights are described to provide a fuller picture of the ways in which indigenous peoples can protect their rights. Overall, this essay aims to give scholars and the general public grounding in the legal context of the declaration for future research on and observation of the declaration as it is implemented globally.

III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

2011 ◽  
Vol 60 (1) ◽  
pp. 245-270 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Working Group ◽  
Indigenous Communities ◽  
Indigenous Populations ◽  
Advisory Opinion ◽  
African Charter ◽  
The United Nations ◽  
African Commission

The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa.2While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy.3At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Indigenous Peoples in 2007 (UNDRIP).4At a national level, most of the States in Africa are still reluctant to recognize the specific rights of indigenous peoples.5Until recently, the African Commission on Human and Peoples' Rights (the Commission), the leading human rights institution for the continent,6had kept a low profile on the issue and had ‘not always interpreted indigenous peoples’ rights favourably'.7From this perspective Commission regarding the communication submitted by the indigenous Endorois community against Kenya casts new light on the rights of indigenous peoples in Africa.8The decision, which has already been hailed as a ‘landmark,’9touches on several crucial issues regarding the development of indigenous peoples' human rights in Africa. This groundbreaking decision did not materialize unexpectedly but is part of a wider evolution of the Commission regarding indigenous peoples' human rights in Africa. It echoes the work of the Commission's own Working Group of Experts on Indigenous Populations/Communities (Working Group) which was established in 2001 with the mandate to focus specifically on the promotion and protection of the rights of indigenous peoples in Africa.10The mandate of the Working Group is to examine the concept of indigenous communities in Africa, as well as to analyse their rights under the African Charter on Human and Peoples' Rights (African Charter).11In 2003 the Commission adopted the report of the Working Group which proposes several avenues for the recognition and promotion of indigenous rights in Africa.12The adoption of an Advisory Opinion by the Commission to support the adoption of UNDRIP marked another step toward the affirmation of indigenous peoples' rights in Africa.13The Advisory Opinion not only participated in unlocking the reluctance of the group of African States to adopt the UNDRIP, but also reflected developments taking place at the international level on the rights of indigenous peoples as well as their connection to the continent. Remarkably, in recent years, the Commission has started to refer to indigenous peoples' rights in its examination of States' periodic reports.14All these factors and the recent decision of the Commission in the Endorois case indicate the emergence of a consistent jurisprudence on indigenous peoples' rights in Africa.

scholarly journals Concrete Lessons: Policies and Practices Affecting the Impact of COVID-19 for Urban Indigenous Communities in the United States and Canada

2021 ◽  
Vol 6 ◽  
Author(s):  
Heather A. Howard-Bobiwash ◽  
Jennie R. Joe ◽  
Susan Lobo
Keyword(s):  
United States ◽  
Human Rights ◽  
United Nations ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The United States ◽  
The United Nations ◽  
The Impact ◽  
Policies And Practices

Throughout the Americas, most Indigenous people move through urban areas and make their homes in cities. Yet, the specific issues and concerns facing Indigenous people in cities, and the positive protective factors their vibrant urban communities generate are often overlooked and poorly understood. This has been particularly so under COVID-19 pandemic conditions. In the spring of 2020, the United Nations High Commissioner Special Rapporteur on the Rights of Indigenous Peoples called for information on the impacts of COVID-19 for Indigenous peoples. We took that opportunity to provide a response focused on urban Indigenous communities in the United States and Canada. Here, we expand on that response and Indigenous and human rights lens to review policies and practices impacting the experience of COVID-19 for urban Indigenous communities. Our analysis integrates a discussion of historical and ongoing settler colonialism, and the strengths of Indigenous community-building, as these shape the urban Indigenous experience with COVID-19. Mindful of the United Nations Declaration on the Rights of Indigenous Peoples, we highlight the perspectives of Indigenous organizations which are the lifeline of urban Indigenous communities, focusing on challenges that miscounting poses to data collection and information sharing, and the exacerbation of intersectional discrimination and human rights infringements specific to the urban context. We include Indigenous critiques of the implications of structural oppressions exposed by COVID-19, and the resulting recommendations which have emerged from Indigenous urban adaptations to lockdown isolation, the provision of safety, and delivery of services grounded in Indigenous initiatives and traditional practices.

scholarly journals Respecting and recognising Indigenous rights when challenged by commercial activities

2017 ◽  
Vol 10 (1) ◽  
pp. 1-17
Author(s):  
Valmaine Toki
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Extractive Industries ◽  
Reference Guide ◽  
Commercial Activities ◽  
Basic Rights ◽  
The United Nations ◽  
United Nations Declaration

The United Nations Declaration on the Rights of Indigenous Peoples was hailed as a triumph among Indigenous peoples, signalling a long-awaited recognition of their fundamental human rights. Despite this, many violations of these basic rights continue, particularly in relation to extractive industries and business activities. In response, a business reference guide seeks to inform industries of their responsibilities. This article examines the tenuous relationship between Indigenous rights, state responsibilities and business expectations.

Gender and Indigenous Education and Practice

2020 ◽  
Author(s):  
Edwina Pio
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Indigenous Communities ◽  
Ancestral Knowledge ◽  
Educational Pedagogy ◽  
The United Nations ◽  
United Nations Declaration ◽  
Diversity In Education ◽  
International Instruments

The unfolding of the term Indigenous is clustered within rich, powerful, diverse, decolonial, and hegemonic worldviews. Inhabiting more than 90 countries, the approximately 370 million Indigenous people on Planet Earth are wisdom carriers of traditional ancestral knowledge entwined with eco-spirituality. Powerful extractive institutional structures have ensured that Indigenous peoples have harvested historical legacies of domination, disruption, and disrespect. Indigenous women tend to live in the shadows, encountering invisibility, lack of voice, and stark inequality. International instruments such as the United Nations Declaration on the Rights of Indigenous Peoples and the United Nations Permanent Forum on Indigenous Issues, as well as a range of voluntary, private, and government-funded organizations and Indigenous communities, serve as catalysts to augmenting impactful liaisons and interventions in and through evocative educational pedagogy and practice. Gender and Indigenous diversity in education and practice distills narratives of voice and praxis to provoke, nudge, and prompt collective change.

scholarly journals Indigenous Rights

2019 ◽  
Author(s):  
Sarah Sargent
Keyword(s):  
United States ◽  
Human Rights ◽  
Native American ◽  
United Nations ◽  
American Indian ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
The United States ◽  
The United Nations ◽  
The Impact

The attention given to indigenous rights has increased since the approval of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007. Although it is a soft law declaration and technically not binding, it serves as the cornerstone of much of the contemporary research on indigenous rights. Four states that initially voted in opposition to the UNDRIP—Australia, Canada, New Zealand, and the United States—have now endorsed it. Despite the attention it garners, the UNDRIP is not the only international instrument that has been utilized to establish and protect indigenous rights and interests. The regional inter-American human rights system has also been key in the development and protection of indigenous rights. Another important facet of the UNDRIP is that it took twenty-two years of drafting effort before it was approved by the United Nations General Assembly. During those twenty-two years, many discussions, debates, and analyses were undertaken over the meaning of rights and principles included in the drafts of the declaration. Research and scholarship from the era before passage of the declaration is helpful in understanding the content of the document. But the approval of the declaration did not end the controversies over indigenous rights. Debate and examination of the evolving body of indigenous rights continues during the period after passage of the declaration. As well, indigenous rights are not simply “human rights”; rather, they are a complex set of rights that can impact a broad swath of other legal doctrines. Intersections of indigenous rights with laws regarding economic development, the environment, and land claims can give rise to new interpretations and understandings of the impact of indigenous rights. While the four “no states” might be what most readily comes to mind when thinking about where many indigenous peoples live, indigenous peoples are, in fact, scattered throughout the world, including Europe. Research on indigenous rights is not carried out only from a legal perspective. Indigenous rights cover many different kinds of rights. Some have an emphasis in international law doctrines, such as the right to self-determination and issues about indigenous and tribal sovereignty. Other rights emphasize the importance of culture and heritage, and it can be useful to consider research in other disciplines, including history, political science, and anthropology. This article includes research and resources in related disciplines as well as legal research and law-based resources. (A note about language: American references to indigenous peoples are inclusive of the words “American Indian” or “Indian.” “Indian” is a legal term of art used in federal and state statutes. Indigenous peoples in the United States refer to themselves as “Indians” rather than Native Americans. For these reasons, where appropriate, the article makes use of the terms American Indian and Indian in preference to Native American. This usage may be confusing to non-American readers and so a clarification is offered).

scholarly journals KULTURA I ROZWÓJ JAKO PODSTAWOWE KATEGORIE ODNIESIENIA W TWORZĄCYM SIĘ PRAWIE LUDÓW TUBYLCZYCH

2016 ◽  
Vol 12 (4) ◽  
pp. 7
Author(s):  
Zbigniew B. Rudnicki
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Legal Status ◽  
Minority Groups ◽  
Indigenous Rights ◽  
The United States ◽  
Strict Sense ◽  
National Society ◽  
The United Nations

CULTURE AND DEVELOPMENT AS THE BASIC CATEGORIESOF REFERENCE IN THE EMERGING LAW OF INDIGENOUS PEOPLES Summary In contemporary international relations indigenous peoples constitute particular ethnic communities waiting for a long time for the regulation of their status as subjects of international law. Paradoxically, decolonisation, which helped many colonial societies gain national rights, has not only left the issue of indigenous peoples in countries formerly colonised by the White Man unresolved but has also complicated their status. In practice former colonies such as the United States, Canada, Australia or New Zealand have not regulated the legal status of indigenous peoples, relegating them politically and economically to the margins of society. The rights of indigenous peoples as minority groups living in the former Soviet Union, who are not at all colonial peoples officially, have not been defined either. The category of indigenous peoples now extends to many ethnic groups living in nation-states, who are culturally and linguistically distinct with respect to the dominant segments of the national society. However, assigning the attributes of indigenous peoples to them in the strict sense of the term is questionable and is not dealt with in this article. This article traces the process which leads to indigenous peoples acquiring the status of a fully-fledged subject of international law. It describes attempts that have been made to interpret the rights of indigenous peoples on the grounds of the universal instruments of international law. The principal documents are the Universal Declaration of Human Rights (1948), the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960), the International Convention on the Elimination of All Forms of Racial Discrimination (1966), the United Nations International Covenant on Civil and Political Rights (1966), and finally the Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (1992). Despite the progress made in granting indigenous peoples their rights with the adoption of the UN Declaration on Indigenous Rights (2007), it is still difficult to talk of full success, i.e. the recognition of the international identity and rights of indigenous peoples on a par with other sovereign nations.

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