My paper deals with indigenous peoples' rights, focusing on Latin American case-law related to gender issues. Latin American Courts have faced cases related to sexual crimes or domestic violence among indigenous people and have to choose between giving pre-eminence to women's rights or indigenous autonomy. On deciding those cases, the tools provided by the proportionality test are paramount in order to analyse the case-law. The indigenous rights regimes (ILO-169, UNDRIP) may prevail or not against other human rights systems (which specially protect women or children) according to the facts of the case, but also according to domestic legal cultures modelled by the country's historical evolution.
This paper estimates the area of land held by Indigenous people in Australia in 2000. It details the legislation and programs that have lead to the accrual of land for Indigenous people in Australia since the concept of Indigenous ownership of land under Australian law, rather than the allocation of reserve lands, was first addressed in the mid 1960s. It is based on a literature review and data provided by a variety of government agencies and Indigenous organisations around Australia. Using this information, the paper estimates that Indigenous Australians either own, control or have management arrangements over land in the range of 16 to 18 per cent of the Australian continent. The lower range is based on reliable data whereas the higher range is speculative due to the fact that the aggregated area of many small landholdings has never been quantified. As the paper demonstrates, the types of tenures held by Indigenous Australians differ from jurisdiction to jurisdiction and within jurisdictions. This is a result not only of the federal system of government in Australia, where land management and administration is the role of the State or Territory governments, but also a product of different priorities and objectives set by Federal, State and Territory governments in addressing Indigenous peoples' aspirations for land. In some States and Territories, land rights regimes exist for lands to be claimed across the entire jurisdiction, while in other States and Territories land rights legislation is limited to the grant of specific parcels of land. The plethora of programs, statutes and government agencies involved in dealing with Indigenous land over the past decades has meant that, across Australia today, there is extreme diversity in the types of ownership, beneficiaries, tenures, property rights and governance structures available to Indigenous people. Indigenous landholdings in Australia in 2000 can be characterised as follows: most Indigenous land is located in the remote rangeland regions of the continent. There are many more Indigenous land parcels in the south-east of the continent; however these parcels are very small in area; about half of the aggregated area of Indigenous land in Australia is located in the Northern Territory as a result of successful claims under the Commonwealth's Aboriginal Land Rights (Northern Territory) Act 1976; the aggregated area of Indigenous land in Australia was yet to be influenced by land subject to native title recognition under the common law or the Native Title Act 1993; the area of land accrued by purchase with the assistance of Indigenous Land Acquisition programs is very small by comparison with land accrued by land rights legislation. However, the significance of the acquisition programs cannot be underestimated as they may be the only means by which Indigenous aspirations to land can be addressed in many parts of Australia. The paper also assesses the area of Indigenous land in each State and Territory. It details the programs and legislative frameworks of the Commonwealth, State and Territory governments which contribute to addressing Indigenous aspirations for land in each jurisdiction.
This review provides detailed information on the extent of diabetes, and its complications and comorbidities among Aboriginal and Torres Strait Islander people, including: incidence and prevalence data; hospitalisations; mortality and burden of disease. This review discusses the issues of prevention and management of diabetes, and provides information on relevant programs, services, policies and strategies that address the health issue of diabetes among Aboriginal and Torres Strait Islander people. This review concludes by discussing possible future directions for combatting the growing epidemic of diabetes in Australia. The review focuses primarily on type 2 diabetes among Aboriginal and Torres Strait Islander people but also refers to type 1 diabetes and gestational diabetes where relevant. It provides general information on the historical, social and cultural context of diabetes, and the behavioural and biomedical factors that contribute to diabetes among Aboriginal and Torres Strait Islander people. This review draws mostly on journal publications, government reports, national data collections and national surveys, the majority of which can be accessed through the HealthInfoNet's Australian Indigenous HealthBibliography.
Over the past 3 decades, indigenous guardian programs (also known as indigenous rangers or watchmen) have emerged as an institution for indigenous governments to engage in collaborative environmental governance. Using a systematic review of peer‐reviewed literature for research conducted in Australia, Canada, Aotearoa‐New Zealand, and the United States, we sought to characterize the emergence of indigenous guardians in the literature and explore whether guardian approaches are representative of Indigenous approaches to environmental governance. Using a multistep relevance‐screening method, we reviewed 83 articles published since 1995, that report on, critique, or comment on Indigenous guardians. Our findings indicated that most articles on the topic were published in the last decade (88%), focused on Australia (65%), and were in a social science discipline (53%). The lead author of the majority of articles was an academic, although only half of the articles included an indigenous scholar or member of an indigenous group or organization as a coauthor. Finally, 11 articles were on research of guardian programs that were locally led and only 5 exemplified indigenous governance, based on 2 well‐known community‐based monitoring typologies. Our findings indicate that more research is required to understand the implications of current guardian programs for indigenous self‐determination, particularly when such programs are embedded in a broader western environmental governance structure.
In: Canada watch: practical and authoritative analysis of key national issues ; a publication of the York University Centre for Public Law and Public Policy and the Robarts Centre for Canadian Studies of York University
This booklet is an introduction to the linguistic study of the Indigenous languages spoken in Canada. The following topics are covered: approaching the study of Indigenous languages from an informed and respectful perspective; the geographical distribution of Indigenous languages in Canada; some notable structural properties of Indigenous languages; the writing systems used for Indigenous languages; the effects of contact between Indigenous and non-Indigenous languages; the current vitality of Indigenous languages in Canada.
The purpose of this article is to add information to the water policies design's debate with intercultural view in Mexico. It analyses water resources management in the lands inhabited by indigenous peoples, focused on human right to water. Methodology consists on combining two relevant databases to understand water accessibility in those lands and to locate the concentration of indigenous population. Among its limitations is that the basis of ethnographic interpretation were anthropological publications even though it is necessary firsthand information to understand the conflictive relationship between water management and indigenous people; consequently it should have been better to select case studies. The originality of this document is that synthetizes hydrological and anthropological information within a context of collective rights. Conclusions lead to propose that water management strategies should take into account these communities organization in such a way they can participate in decision-making related to the procedures that actually are created in the National Water Law.
Indigenous Peoples, Ethnic Groups and the State. David Maybury‐Lewis. Boston, MA: Allyn and Bacon, 1997.168 pp.Malaysia and the Original People:. Case Study of the Impact of Development on Indigenous Peoples. Robert Knox Dentan. Kirk Endicott. Alberto G. Gomes. and M. B. Hooker. Boston, MA: Allyn and Bacon, 1997. 175 pp.Forest Dwellers, Forest Protectors: Indigenous Models for International Development. Richard Reed. Boston, MA: Allyn and Bacon, 1997. 135 pp.
This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Politics. Please check back later for the full article.All over the world, indigenous peoples are engaged in domestic and international struggles over their ability to self-determine. Though the specific character and aims of each struggle are different, most resonate with the definition found in the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which states in article 3 that "Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development." The rights extended to "all peoples" under the UN Charter (1945) now explicitly include all indigenous peoples. On the other hand, the right to a State, or what could be called external self-determination, does not seem to follow as article 46, section 1, UNDRIP stipulates that "Nothing in this Declaration may be interpreted as implying for any State, people, group, or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States." Even singular documents like the UNDRIP highlight the tension that exists between indigenous peoples' quest for self-determination and national majorities who exercise control over them through the international state system.The topic of indigenous self-determination is approached from many angles. Legal positivists strive to understand the implications of legal documents like UNDRIP, the International Labour Organization Convention 169, treaties, domestic laws, and, increasingly, sui generis, indigenous law. In debates about the nature, extent, and importance of self-determination, normative political theorists continue to study relationships between territory, citizenship, sovereignty, colonialism, human rights, justice, and institutions including the various legal orders previously mentioned. Increasingly, and combining the legal and normative with the strategic, indigenous scholars have taken the lead in debates that evaluate the strengths and weaknesses of various political approaches in promoting and securing what they believe to be their inherent right to self-determination under difficult circumstances. These range from local cultural revitalization to international indigenous social movements, and often involve evaluating trade-offs between direct action and co-operation with states or between treaty negotiations versus legal actions. In summary, indigenous self-determination is a broad field of study with many approaches, most of which endeavour to understand and ultimately help achieve the emancipation of indigenous peoples from centuries of problematic colonial relations.
"Author Bagele Chilisa updates her groundbreaking textbook to give a new generation of scholars a crucial foundation in indigenous methods, methodologies, and epistemologies. Addressing the increasing emphasis in the classroom and in the field to sensitize researchers and students to diverse perspectives - especially those of women, minority groups, former colonized societies, indigenous people, historically oppressed communities, and people with disabilities, the second edition of Indigenous Research Methodologies situates research in a larger, historical, cultural, and global context to make visible the specific methodologies that are commensurate with the transformative paradigm of social science research"--
Much attention has been focused on the survival of Indigenous languages in recent years. Many, particularly anthropologists and linguists, anticipate the demise of the majority of Indigenous languages within this century and have called on the need to arrest the loss of languages. Opinions vary concerning the loss of language; some regard it as a hopeless cause, and others see language revitalization as a major responsibility of linguistics and kindred disciplines. To that end, this review explores efforts in language revitalization and documentation and the engagement with Indigenous peoples. It remains unclear why some attempts at language revitalization succeed, whereas others fail. What is clear is that the process is profoundly political.