Native Others: What Implications Does the Law on Indigenous Peoples Have for Ukraine’s Indigenous Population?

2021 ◽  
Author(s):  
Olha Sribniak

In July 2021, the Ukrainian Parliament adopted a Law on Indigenous Peoples. It provides a framework for the protection of the rights of the indigenous peoples of the Crimean Peninsula, namely Crimean Tatars, Karaites and Krymchaks, and excludes Mariupol Greeks as a minority potentially qualifying for the status of the fourth indigenous group residing outside of Crimea. What was the general context of the adoption of the Law? What rights does it envisage? And what could the Law potentially bring to the recognized indigenous peoples? This blog post attempts to answer these questions.

2005 ◽  
Vol 15 (1) ◽  
pp. 63-71 ◽  
Author(s):  
I. SCHOGOLEV ◽  
A. RUDENKO ◽  
A.J. CRIVELLI

The status of breeding pelicans and cormorants is assessed in the area from the Danube delta (Romania) to the northern part of the Crimean peninsula. Four breeding species occur in inland and coastal wetlands: Dalmatian Pelican Pelecanus crispus, Great White Pelican Pelecanus onocrotalus, Great Cormorant Phalacrocorax carbo and Pygmy Cormorant Phalacrocorax pygmeus. Data on clutch size and breeding success are given. Historically, all four species were restricted to the Danube delta. Currently, with the exception of Dalmatian Pelican, they all breed successfully on the eastern Black Sea coast in the Ukraine. There are many conservation problems that will jeopardize the breeding of these species in the future if nothing is done.


Ethnohistory ◽  
2020 ◽  
Vol 67 (2) ◽  
pp. 269-287
Author(s):  
Avis Mysyk ◽  
Edgar de Ita Martínez

Abstract Throughout the colonial period, disputes over the inheritance of property were common among indigenous peoples, both nobles and commoners. From the outset, they became familiar with and adept at negotiating their interests from within the colonial legal system. Based on the corresponding archival document and map, this article explores how the Chimalhuas used this system to resolve an intrafamilial dispute over patrimonial property. The dispute was not one between equals but, because the Spanish legal system was flexible, its legal decisions arbitrary, both sides attempted to use late-colonial modes of argumentation, legal strategies, and status- and class-based rhetoric to their advantage. This article also considers how the wider context of indigenous population recovery and Spanish pressure on resources within which the dispute occurred had implications for two separate but related issues. First, the status of the Chimalhuas had declined and, second, the dispute was largely confined to the negotiation of individual interests.


2019 ◽  
pp. 54-60
Author(s):  
Serhiy Hrabovsky

The article is devoted to outlining and exploring a number of important stories of the history and present situation of the Crimea. The author turns to the study of Russian colonial policy on the peninsula. This policy resulted in the annihilation of the Crimean Tatar people and the deliberate settlement of Crimea by specific categories of population from "mainland" Russia, and subsequently - from Soviet Ukraine. The colonial pressure of the tsarist authorities was changed after 1917 for a short period with the assertion of Crimean Tatar national communism as a modernizing anti-colonial movement. However, from the second half of the 1930s, colonial policy on the peninsula resumed, and in 1944 it became embodied in the forced deportation of indigenous peoples, especially the Crimean Tatars. Up until the second half of the 1980s, the Kremlin tried not to allow the Crimean Tatars to return to their historical homeland at all. Only at the time of perestroika the authorities of the USSR agreed to allow such a return, but simultaneously tried to dispense it in every possible way. At the same time, the Kremlin launched a special operation aimed at removing Crimea from Ukrainian jurisdiction and securing its status as a Russian colony. Also this attempt failed because of the collapse of the USSR, but the goal remained unchanged; Russia's annexation of Crimea was carried out in 2014. The author analyzes the reasons that enable the Russian propaganda to influence a large part of the Crimean population effectively. The article illustrates the ineffective policy of official Kyiv to minimize the effects of Russian colonialism on the Crimean Peninsula in 1991-2014. The article also examines the newest stage of colonization of Crimea by Russia, which began in 2014. The author concludes that in recent years, new conflicting factors on the Crimean peninsula have been added to the traditional ones, and they all require further special studies.


2021 ◽  
Vol 5 (2) ◽  
pp. 160-166
Author(s):  
Bakri Sulaiman

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


Author(s):  
Waugh John

This chapter explores the law of Australian colonization and its relationship with the laws of Australia's Indigenous peoples. A line of legal continuity links the Australian Constitution to the imposition of British law made during the colonization of Australia and to the decisions of colonial courts that treated the Australian colonies as colonies of settlement. Those decisions, after some initial doubts, displaced the diverse and intricate laws of Australia’s Indigenous peoples, who have occupied the continent for tens of thousands of years. Only in relation to native title to land have later courts made a major reassessment of the status of Indigenous laws. There, the High Court has challenged the factual assumptions of earlier decisions and found accommodation for Indigenous land ownership within the common law, but left the legal framework of colonization otherwise intact.


2022 ◽  
Vol 14 (4) ◽  
pp. 763-777
Author(s):  
I. K. Zagidullin

The article reveals the reasons and prerequisites of 1905 Additional Petition by the Taurian mufti A. Karashaysky on behalf of Muslims of the Crimean Peninsula that was addressed to the Chairman of the Minsters’ Committee and where he wrote about the expansion of the Taurian Mohammedan Spiritual Board’s competence and about the necessity of increasing the status of Islamic institutes. Providing comparative analysis between the Additional Petition and the Public Petition from Crimean Tatars the author allocates the general and specifi c matters of their contents. Thus, the research paper concludes that the Public Petition, via the values of liberal social movement, mostly declared the social, religious and spiritual needs of Crimean Tatars, while the petition prepared by the group of Muslims and clergy under the leadership of the Taurian mufti A. Karashaysky had strictly corporate, confessional orientation.


ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling


2001 ◽  
Vol 3 (4) ◽  
pp. 101-110
Author(s):  
G. M. Palamar-Mordvintseva

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