The Dispossession And Recognition Of Indigenous Peoples Land Rights
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| Author | : Morad Elsana |
| Publisher | : Routledge |
| Total Pages | : 152 |
| Release | : 2020-11-29 |
| Genre | : Law |
| ISBN | : 0429593929 |
Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.
| Author | : Claudio Saunt |
| Publisher | : W. W. Norton & Company |
| Total Pages | : 348 |
| Release | : 2020-03-24 |
| Genre | : History |
| ISBN | : 0393609855 |
Winner of the 2021 Bancroft Prize and the 2021 Ridenhour Book Prize Finalist for the 2020 National Book Award for Nonfiction Named a Top Ten Best Book of 2020 by the Washington Post and Publishers Weekly and a New York Times Critics' Top Book of 2020 A masterful and unsettling history of “Indian Removal,” the forced migration of Native Americans across the Mississippi River in the 1830s and the state-sponsored theft of their lands. In May 1830, the United States launched an unprecedented campaign to expel 80,000 Native Americans from their eastern homelands to territories west of the Mississippi River. In a firestorm of fraud and violence, thousands of Native Americans lost their lives, and thousands more lost their farms and possessions. The operation soon devolved into an unofficial policy of extermination, enabled by US officials, southern planters, and northern speculators. Hailed for its searing insight, Unworthy Republic transforms our understanding of this pivotal period in American history.
| Author | : Albert Kwokwo Barume |
| Publisher | : |
| Total Pages | : 390 |
| Release | : 2014 |
| Genre | : Indigenous peoples |
| ISBN | : 9788792786401 |
| Author | : Rajkumari Chandra Kalindi Roy |
| Publisher | : IWGIA |
| Total Pages | : 236 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9788790730291 |
Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.
| Author | : Deirdre Howard-Wagner |
| Publisher | : ANU Press |
| Total Pages | : 353 |
| Release | : 2018-07-25 |
| Genre | : Social Science |
| ISBN | : 1760462217 |
The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.
| Author | : Louis A. Knafla |
| Publisher | : UBC Press |
| Total Pages | : 280 |
| Release | : 2011-01-01 |
| Genre | : Law |
| ISBN | : 0774859296 |
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
| Author | : Libby Porter |
| Publisher | : Routledge |
| Total Pages | : 240 |
| Release | : 2016-06-10 |
| Genre | : Political Science |
| ISBN | : 1317080165 |
Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.
| Author | : Amy E. Den Ouden |
| Publisher | : UNC Press Books |
| Total Pages | : 377 |
| Release | : 2013 |
| Genre | : History |
| ISBN | : 1469602156 |
Recognition, Sovereignty Struggles, and Indigenous Rights in the United States: A Sourcebook
| Author | : Glen Sean Coulthard |
| Publisher | : U of Minnesota Press |
| Total Pages | : 289 |
| Release | : 2014-08-15 |
| Genre | : Social Science |
| ISBN | : 1452942439 |
WINNER OF: Frantz Fanon Outstanding Book from the Caribbean Philosophical Association Canadian Political Science Association’s C.B. MacPherson Prize Studies in Political Economy Book Prize Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term “recognition” shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples’ right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics—one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a “place-based” modification of Karl Marx’s theory of “primitive accumulation” throws light on Indigenous–state relations in settler-colonial contexts and how Frantz Fanon’s critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.
| Author | : Valerie Lambert |
| Publisher | : U of Nebraska Press |
| Total Pages | : 318 |
| Release | : 2007-01-01 |
| Genre | : Social Science |
| ISBN | : 0803206682 |
Choctaw Nation is a story of tribal nation building in the modern era. Valerie Lambert treats nation-building projects as nothing new to the Choctaws of southeastern Oklahoma, who have responded to a number of hard-hitting assaults on Choctaw sovereignty and nationhood by rebuilding their tribal nation.
