Reconciling Indigenous Peoples Individual And Collective Rights
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Author |
: Jessika Eichler |
Publisher |
: Routledge |
Total Pages |
: 233 |
Release |
: 2019-05-09 |
ISBN-10 |
: 9781000020199 |
ISBN-13 |
: 1000020193 |
Rating |
: 4/5 (99 Downloads) |
Synopsis Reconciling Indigenous Peoples’ Individual and Collective Rights by : Jessika Eichler
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Author |
: Jessika Eichler |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2019 |
ISBN-10 |
: 0367203308 |
ISBN-13 |
: 9780367203306 |
Rating |
: 4/5 (08 Downloads) |
Synopsis Reconciling Indigenous Peoples' Individual and Collective Rights by : Jessika Eichler
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups 'in between', different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples' right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Author |
: Claire Charters |
Publisher |
: International Work Group for Indigenous Affairs |
Total Pages |
: 404 |
Release |
: 2009 |
ISBN-10 |
: STANFORD:36105133122114 |
ISBN-13 |
: |
Rating |
: 4/5 (14 Downloads) |
Synopsis Making the Declaration Work by : Claire Charters
"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
Author |
: Federico Lenzerini |
Publisher |
: Oxford University Press |
Total Pages |
: 679 |
Release |
: 2008-01-24 |
ISBN-10 |
: 9780199235605 |
ISBN-13 |
: 0199235600 |
Rating |
: 4/5 (05 Downloads) |
Synopsis Reparations for Indigenous Peoples by : Federico Lenzerini
In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.
Author |
: Aman Gupta |
Publisher |
: |
Total Pages |
: 340 |
Release |
: 2005 |
ISBN-10 |
: 818205205X |
ISBN-13 |
: 9788182052055 |
Rating |
: 4/5 (5X Downloads) |
Synopsis Human Rights of Indigenous Peoples by : Aman Gupta
Author |
: Dominic O’Sullivan |
Publisher |
: ANU Press |
Total Pages |
: 270 |
Release |
: 2020-09-21 |
ISBN-10 |
: 9781760463953 |
ISBN-13 |
: 1760463957 |
Rating |
: 4/5 (53 Downloads) |
Synopsis ‘We Are All Here to Stay’ by : Dominic O’Sullivan
In 2007, 144 UN member states voted to adopt a Declaration on the Rights of Indigenous Peoples. Australia, Canada, New Zealand and the US were the only members to vote against it. Each eventually changed its position. This book explains why and examines what the Declaration could mean for sovereignty, citizenship and democracy in liberal societies such as these. It takes Canadian Chief Justice Lamer’s remark that ‘we are all here to stay’ to mean that indigenous peoples are ‘here to stay’ as indigenous. The book examines indigenous and state critiques of the Declaration but argues that, ultimately, it is an instrument of significant transformative potential showing how state sovereignty need not be a power that is exercised over and above indigenous peoples. Nor is it reasonably a power that displaces indigenous nations’ authority over their own affairs. The Declaration shows how and why, and this book argues that in doing so, it supports more inclusive ways of thinking about how citizenship and democracy may work better. The book draws on the Declaration to imagine what non-colonial political relationships could look like in liberal societies.
Author |
: Anthony J. Connolly |
Publisher |
: Routledge |
Total Pages |
: 458 |
Release |
: 2017-05-15 |
ISBN-10 |
: 9781351927918 |
ISBN-13 |
: 1351927914 |
Rating |
: 4/5 (18 Downloads) |
Synopsis Indigenous Rights by : Anthony J. Connolly
Throughout the world, indigenous rights have become increasingly prominent and controversial. The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions. The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.
Author |
: Jessie Hohmann |
Publisher |
: Oxford University Press |
Total Pages |
: 657 |
Release |
: 2018 |
ISBN-10 |
: 9780199673223 |
ISBN-13 |
: 0199673225 |
Rating |
: 4/5 (23 Downloads) |
Synopsis The UN Declaration on the Rights of Indigenous Peoples by : Jessie Hohmann
The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--
Author |
: Truth and Reconciliation Commission of Canada |
Publisher |
: James Lorimer & Company |
Total Pages |
: 673 |
Release |
: 2015-07-22 |
ISBN-10 |
: 9781459410695 |
ISBN-13 |
: 1459410696 |
Rating |
: 4/5 (95 Downloads) |
Synopsis Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by : Truth and Reconciliation Commission of Canada
This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
Author |
: Wilton Littlechild |
Publisher |
: |
Total Pages |
: |
Release |
: 2014-04-30 |
ISBN-10 |
: 0615967671 |
ISBN-13 |
: 9780615967677 |
Rating |
: 4/5 (71 Downloads) |
Synopsis Indigenous Peoples' Access to Justice, Including Truth and Reconciliation Processes by : Wilton Littlechild