The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 4 is India and Human Rights.

The Tradition-Oriented Rights Of The Tribal People Of India On Lands And Forests Are Not Only The Indigenous Issue Developed Long Ago, But In Most Of The Cases These Surpass The Frontiers Of History. After Their Many-Sided Confrontations With The Contemporary Conceptions, The Question Of Traditional Rights And Their Feasibility Has Raised A Lot Of Queries And Counter-Queries In The Sphere Of Safeguarding The Indiscriminate Destruction Of The Forested Environment And Unusual Utilization Of The Lands In Nature. The Question Has Not Only Been Confined To The Academic Circle, But It Has Stirred Conspicuously The Political Domain Of The Country Very Recently. The Tribal People Living In And Around The Forests Are Not The Destructor But The Conservers Of Forests And Related Natural Resources. Their Love And Sympathy For The Natural Resources Have Been Processed Characteristically In Their Cultural Patterns And Ultimately These Have Oriented The All-Embracing Tribal Philosophy. These Are Needed To Be Evaluated In Their Proper Perspectives With Scientific Outlook Reinforced By Concrete Case Studies. The Present Anthology Pledges To Supply Relevant Information To All Concerned In Its As Many As Nineteen Discernible Papers Including One Introduction Presented By The Veteran And Young As Well As Promising Social Scientists. It Would Cater To The Needs Of The Policy-Makers, Administrators, Politicians And Social Workers Together With All The Persons Interested In The Different Domains Of Social Sciences In General And In The Tribal Affairs In Particular.

This book explores tribal land alienation problems in India and tribal agitation against land encroachment and alienation. It discusses India’s tribal land problem and explains how despite legislation to protect tribal lands, the problem has not been resolved since neither the letter nor the spirit of the law has been implemented. Due to continuous land encroachment and alienation by outsiders, the negligence of the revenue administration and the apathy of the central and state government, the situation concerning tribal land in the country have became precarious. In this context, the book highlights the process of land estrangement among the tribes and the related movements, focusing on the Narayanpatna land movement in the Koraput district of Odisha. It argues that land remains a central issue that is extremely important for tribes as it directly affects their life, livelihood, freedom and development, and that the cultural attachment of tribes and their views regarding the idea of ‘place’ (land) furnishes crucial perspectives in understanding the politics of collective resistance. It also discusses the politicization of group identity and material interest against the outside authority as the basis of the unrest among the tribes, and when the grudges of the people are hardened due to insensitivity and tyranny, the extent of tribal resistance escalates, leading to conflict between the state and its own people. Given its scope, this book is a valuable resource for students and research scholars, as well as for policymakers and anyone interested in Indian democracy and development in general, and tribal problems, issues and politics in particular.

This book explores how public and private actors can interrelate to achieve also by means of law a sustainable development which is beneficial for the environment, society and the economy. The Role of Law in Governing Sustainability assesses the structure, functions and perspectives of law in the wider governance frameworks of sustainable development. It provides latest and in-depth insights from each of the three dimensions of sustainable development and the relations among them. Latest political developments on global and regional level related to the environmental, social and the economic dimensions are provided as well as in-depth case studies. Thereby the book explores how international and national laws and governance can help us move towards a more sustainable future. This book will be of great interest to students and scholars of environmental law, global governance and sustainable development.

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.

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.

This volume discusses the themes of exclusion and inclusion vis-à-vis the Adivasis in India. It locates Adivasis' development and impediments to their growth within a larger regional, national, and global, context, and provides a framework to overcome deprivation faced by them.

LAND: A QUESTION OF SURVIVAL? The process of territorial seizure and loss began centuries ago and continues today. Foreign occupation, colonisation, resettlement, nationalisation, large-scale infrastructural development and wider economic forces have undermined – and in some cases obliterated – the land security of the world’s vulnerable minorities. Land is now a key issue in minority claims for protection. While some minorities seek restoration of lands lost in the past, others struggle to avert future dispossession, or demand equality of rights with dominant majorities. LAND RIGHTS AND MINORITIES, written by the specialist author and consultant Roger Plant, addresses the current predicament of the world’s minorities with regard to access to and use of land and other natural resources. It emphasises the law and policy framework for the recognition of minority land rights, and the available procedures through which minorities may formulate their claims. Drawing on examples from Africa, the Americas, Asia, Australasia, Europe and the Middle East, the report demonstrates that the legacy of past discrimination must be addressed through affirmative action, and that newly evolving policies should take into account the security of currently or potentially disadvantaged groups. Some minorities are in danger of imminent extinction; others pursue their demands with vigour. Accepting the global imperative of environmentally sustainable land use and management, this authoritative Minority Rights Group report shows how vulnerable minorities will require a range of strategies and responses to ensure their territorial security and, ultimately, their survival. Please note that the terminology in the fields of minority rights and indigenous peoples’ rights has changed over time. MRG strives to reflect these changes as well as respect the right to self-identification on the part of minorities and indigenous peoples. At the same time, after over 50 years’ work, we know that our archive is of considerable interest to activists and researchers. Therefore, we make available as much of our back catalogue as possible, while being aware that the language used may not reflect current thinking on these issues.

Increased global demand for land posits the need for well-designed country-level land policies to protect long-held rights, facilitate land access and address any constraints that land policy may pose for broader growth. While the implementation of land reforms can be a lengthy process, the need to swiftly identify key land policy challenges and devise responses that allow the monitoring of progress, in a way that minimizes conflicts and supports broader development goals, is clear. The Land Governance Assessment Framework (LGAF) makes a substantive contribution to the land sector by providing a quick and innovative tool to monitor land governance at the country level. The LGAF offers a comprehensive diagnostic tool that covers five main areas for policy intervention: Legal and institutional framework; Land use planning, management and taxation; Management of public land; Public provision of land information; and Dispute resolution and conflict management. The LGAF assesses these areas through a set of detailed indicators that are rated on a scale of pre-coded statements (from lack of good governance to good practice). While land governance can be highly technical in nature and tends to be addressed in a partial and sporadic manner, the LGAF posits a tool for a comprehensive assessment, taking into account the broad range of issues that land governance encompasses, while enabling those unfamiliar with land to grasp its full complexity. The LGAF will make it possible for policymakers to make sense of the technical levels of the land sector, benchmark governance, identify areas that require further attention and monitor progress. It is intended to assist countries in prioritizing reforms in the land sector by providing a holistic diagnostic review that can inform policy dialogue in a clear and targeted manner. In addition to presenting the LGAF tool, this book includes detailed case studies on its implementation in five selected countries: Peru, the Kyrgyz Republic, Ethiopia, Indonesia and Tanzania.

As calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar's account of translation enriches debates in the fields of legal pluralism, indigeneity, and development.