Land and Cultural Survival

Land and Cultural Survival
Author: Jayantha Perera
Publisher: Asian Development Bank
Total Pages: 326
Release: 2009-09-01
Genre: Business & Economics
ISBN: 9292547135

Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.

Indigenous Peoples, Consent and Benefit Sharing

Indigenous Peoples, Consent and Benefit Sharing
Author: Rachel Wynberg
Publisher: Springer Science & Business Media
Total Pages: 375
Release: 2009-09-30
Genre: Law
ISBN: 9048131235

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.

Indigenous Notions of Ownership and Libraries, Archives and Museums

Indigenous Notions of Ownership and Libraries, Archives and Museums
Author: Camille Callison
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 536
Release: 2016-07-11
Genre: Language Arts & Disciplines
ISBN: 311039586X

Tangible and intangible forms of indigenous knowledges and cultural expressions are often found in libraries, archives or museums. Often the "legal" copyright is not held by the indigenous people’s group from which the knowledge or cultural expression originates. Indigenous peoples regard unauthorized use of their cultural expressions as theft and believe that the true expression of that knowledge can only be sustained, transformed, and remain dynamic in its proper cultural context. Readers will begin to understand how to respect and preserve these ways of knowing while appreciating the cultural memory institutions’ attempts to transfer the knowledges to the next generation.

Indigenous Peoples’ Rights in Constitutions Assessment Tool

Indigenous Peoples’ Rights in Constitutions Assessment Tool
Author: Amanda Cats-Baril
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Total Pages: 228
Release: 2020-08-09
Genre: Law
ISBN: 9176713245

The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.

Beyond Intellectual Property

Beyond Intellectual Property
Author: Darrell Addison Posey
Publisher: IDRC
Total Pages: 324
Release: 1996
Genre: Cultural property
ISBN: 088936799X

Cultural property, aboriginal people, ethnobiology, legal status, laws.

Traditional Customary Laws and Indigenous Peoples in Asia

Traditional Customary Laws and Indigenous Peoples in Asia
Author: Raja Devasish Roy
Publisher: Minority Rights Group
Total Pages: 40
Release: 2005-04-07
Genre: Social Science
ISBN: 1904584276

For years, traditional laws – or customary laws – in Asia have been eroded. This report argues that remaining customary laws should be retained and discusses the extent to which their erosion can be reversed. Traditional Customary Laws and Indigenous Peoples in Asia focuses primarily on two types of customary law systems – personal or family law, and land and resource rights law – and considers the complex situation, which is far from uniform throughout Asia. For example, in some areas customary law systems and procedures are generally respected, while in other parts of Asia, customary law has been so eroded that it is virtually nonexistent and unrecognized by governments. There are also many examples that fall between these two situations. The author discusses the many challenges facing indigenous peoples in the pursuit of their customary law rights and many of the issues that have yet to be resolved within customary law systems. These include the occasional conflict between women’s rights and customary rights. The report focuses on the situation in the Chittagong Hill Tracts of Bangladesh, as well as including numerous examples from the Cordilleras in the Philippines; Jharkhand, Mizoram and Nagaland in India; northern Thailand; and Sabah and Sarawak in Malaysia, among others. Traditional Customary Laws and Indigenous Peoples in Asia is essential reading for indigenous peoples, nonindigenous government and political leaders and officials, staff of donor and development institutions and NGOs, and international bodies such as the United Nations.

Traditional Forest-Related Knowledge

Traditional Forest-Related Knowledge
Author: John A. Parrotta
Publisher: Springer Science & Business Media
Total Pages: 639
Release: 2011-10-14
Genre: Science
ISBN: 9400721447

Exploring a topic of vital and ongoing importance, Traditional Forest Knowledge examines the history, current status and trends in the development and application of traditional forest knowledge by local and indigenous communities worldwide. It considers the interplay between traditional beliefs and practices and formal forest science and interrogates the often uneasy relationship between these different knowledge systems. The contents also highlight efforts to conserve and promote traditional forest management practices that balance the environmental, economic and social objectives of forest management. It places these efforts in the context of recent trends towards the devolution of forest management authority in many parts of the world. The book includes regional chapters covering North America, South America, Africa, Europe, Asia and the Australia-Pacific region. As well as relating the general factors mentioned above to these specific areas, these chapters cover issues of special regional significance, such as the importance of traditional knowledge and practices for food security, economic development and cultural identity. Other chapters examine topics ranging from key policy issues to the significant programs of regional and international organisations, and from research ethics and best practices for scientific study of traditional knowledge to the adaptation of traditional forest knowledge to climate change and globalisation.