28 results on '"*LEGAL recognition"'
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2. Derecho Indígena en México. Derecho Indígena en México. Estudio desde la Crítica Jurídica Latinoamericana y la interculturalidad.
- Author
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Angeles-Hernandez, Elias
- Subjects
STATE laws ,INDIGENOUS peoples of Mexico ,LEGAL education ,LEGAL recognition ,JURISPRUDENCE ,INDIGENOUS peoples - Abstract
Copyright of Religación: Revista de Ciencias Sociales y Humanidades is the property of Religacion: Revista de Ciencias Sociales y Humanidades and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
3. UNA LAGUNA CON DERECHO A EXISTIR. LA NATURALEZA COMO SUJETO DE DERECHOS Y EL RECONOCIMIENTO DE LA PERSONALIDAD JURÍDICA DEL MAR MENOR.
- Author
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MARTÍNEZ DALMAU, RUBÉN
- Subjects
LEGAL recognition ,COMPARATIVE law ,LEGAL rights ,JUSTICE administration ,INDIGENOUS peoples ,CONSTITUTIONALISM ,ENVIRONMENTAL ethics - Abstract
Copyright of Teoria y Realidad Constitucional is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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4. Indigenous Land Rights and Contentious Politics in Africa: The Case of Uganda.
- Author
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Mitchell, Matthew I.
- Subjects
INDIGENOUS rights ,PROPERTY rights ,LEGAL recognition ,INDIGENOUS peoples ,FEDERAL government ,HUNTER-gatherer societies - Abstract
Abstract This article uses a case study of Uganda to examine the contentious politics surrounding Indigenous land rights in contemporary Africa, notably regarding the right to 'free, prior and informed consent' (FPIC). Drawing upon insights from recent fieldwork, it contrasts the diverse struggles of two of Uganda's most prominent Indigenous groups. Whereas the Batwa constitute a small group of (traditionally) hunter-gatherers from the southwestern District of Kisoro (and surrounding areas) who have low capacity to challenge the state, the Karamojong are a much larger group of agro-pastoralists from the northeastern region of Karamoja who have a long history of conflict and opposition to the central government. These cases highlight the diverging capacities of groups to protect their traditional lands, yet their shared struggle to secure both legal recognition as Indigenous and their right to FPIC from a hostile government. Given the obstacles facing these groups and the potential for FPIC to deepen cleavages between—and within—communities, the article concludes with some reflections for advancing the rights of Uganda's Indigenous peoples without enflaming the divisive identity politics that can accompany Indigenous land rights movements in certain political contexts. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
5. Identidade, diferença e reconhecimento: um olhar sobre os movimentos de mulheres indígenas no Brasil e a pauta de enfrentamento à violência de gênero.
- Author
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Reginaldo de Almeida, Jaqueline, Angelin, Rosângela, and Veronese, Osmar
- Subjects
FEMINISM ,INDIGENOUS women ,SOCIAL movements ,INDIGENOUS peoples ,GENDER identity ,LEGAL recognition - Abstract
Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
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6. Leticia indígena: construcción territorial indígena en la ciudad.
- Author
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Alvaro Echeverri, Juan
- Subjects
INDIGENOUS peoples of South America ,CITY dwellers ,INDIGENOUS peoples ,ETHNIC groups ,LEGAL recognition ,URBAN growth ,CITIES & towns - Abstract
Copyright of Mundo Amazónico is the property of Universidad Nacional de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
7. Taiwan.
- Author
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Adawai, Jason Pan
- Subjects
INDIGENOUS peoples ,RIGHTS ,POLITICAL science ,LEGAL recognition - Abstract
The article focuses on the Indigenous Peoples of Taiwan and their recognition, representation, challenges, and legal framework. It mentions ten lowland Indigenous Peoples groups (Pingpu) that are not recognized by the government and therefore do not enjoy the same rights and representation as the recognized groups.
- Published
- 2023
8. Cambodia.
- Author
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Friborg, Katrine Gro
- Subjects
INDIGENOUS peoples ,LEGAL recognition ,LAND tenure ,DISCRIMINATION (Sociology) - Abstract
The article focuses on Indigenous Peoples in Cambodia and the challenges they face in terms of recognition, land rights, discrimination, and forced displacement. It highlights the need for greater recognition of Indigenous Peoples' rights, including land rights, and the importance of addressing discrimination and forced displacement in Cambodia.
- Published
- 2023
9. Cherán, Ayutla, Oxchuc: la judicialización del derecho al autogobierno en los municipios indígenas de México.
- Author
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Ayvar Acosta, Ivette and Gaussens, Pierre
- Subjects
INDIGENOUS peoples ,INDIGENOUS peoples of Mexico ,LEGAL recognition ,CITIES & towns ,LOCAL government ,COMPARATIVE studies ,PARTISANSHIP ,PATIENT autonomy ,LOCAL elections - Abstract
Copyright of Revista d'Estudis Autonòmics i Federals is the property of Revista d'Estudis Autonomics i Federals and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
10. La autodeterminación de pueblos indígenas en México: Un análisis de los instrumentos jurídicos desde la decolonialidad y la interculturalidad crítica.
- Author
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Márquez Duarte, Fernando David
- Subjects
INDIGENOUS rights ,INDIGENOUS peoples ,LEGAL recognition ,INDIGENOUS peoples of Mexico ,OPPRESSION ,LIBERTY ,ARGUMENT - Abstract
Copyright of Inter-American Journal of Philosophy is the property of Inter-American Journal of Philosophy and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
11. Those who live like us: Autodemarcations and the co-becoming of Indigenous and beiradeiros on the Upper Tapajós River, Brazilian Amazonia.
- Author
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Vega, Ailén, Fraser, James Angus, Torres, Maurício, and Loures, Rosamaria
- Subjects
POLITICAL participation ,LEGAL recognition ,COMMUNITIES ,INDIGENOUS peoples ,CIVIL rights ,PUBLIC institutions - Abstract
• We examine autodemarcations by traditional beiradeiros and Indigenous Munduruku using the concept of 'co-becoming.' • Co-becoming unseats colonial identities via mutual recognition between two peoples while claiming rights from the state. • Co-becomings demonstrate radical potential of auto-demarcations beyond physical marking of boundaries and maps. This paper explores autodemarcations on the Tapajós River, Brazilian Amazonia, wherein a traditional community — the beiradeiros (riverbank inhabitants) — and the Indigenous Munduruku together mark the boundaries of their lands and remove invaders in their struggles for the recognition of territorial rights from the state. We approach autodemarcations on the Tapajós as a form of co-becoming: unseating colonial identities and generating mutual recognition within and between these two peoples (turning inwards) while also claiming rights from the state (turning outwards) in the face of expanding extractive frontiers. While legal recognition is well represented in the literature on Indigenous peoples' and traditional communities' struggles over land and countermapping, intersubjective recognition is an omission. Our contribution is to show the importance of the turn inward and contend that it is within this 'turn' that autodemarcations hold radical potential. Such possibility lies in challenging colonial categorizations through novel forms of relationality, namely " wuyḡuybuḡun ," a Munduruku neologism meaning "those who live like us, plant like us, fish like us, but cannot hear like us" which began to be used by the Munduruku to refer to the beiradeiros during autodemarcations. We argue that what matters more than the physical boundary (autodemarcation), or the map (countermapping), is the emergent set of social relations: the co-becoming of two distinct peoples. Autodemarcation and other struggles for recognition of territorial and civil rights form part of larger acts of community resistance and popular political participation. They are grassroots democratic state-building processes that should be supported by state institutions. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
12. Vernacular legibility in counter-mapping: Assembling the geo-body of an indigenous socio-territorial movement in Honduras.
- Author
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Galeana, Fernando
- Subjects
CARTOGRAPHY ,REPRESENTATIVE government ,TRACE analysis ,POLITICAL community ,LEGAL recognition ,COMMUNITIES - Abstract
• Organizational theory advances debates on counter-mapping in critical cartography. • Counter-mapping may contribute to the formation of socio-territorial movements. • Vernacular legibility involves the bestowing of political intelligibility for communities. • The effects of counter-mapping on legibility may not materialize until decades later. • External partners contribute more when they provide follow-up support after mapping. Critical cartography has called attention to the ways in which resistance and governmentality intersect in counter-mapping projects aimed at supporting Indigenous communities in their land claims. Mapping responds to the communities' intentions of becoming legible to achieve legal recognition, but it also facilitates their insertion into a grid of intelligibility. Less understood is the role that mapping can have on transforming internal organizational dynamics and how this restructuring may alter their capacity to act as socio-territorial movements. Drawing on a case study in Honduras, this paper seeks to analyze the legacies of counter-mapping through the lens of organizational theory. This analysis involves tracing organizational practices before and after a mapping intervention. Applying this organizational analysis in Honduras shows that cartography contributed to the formation of a geo-body that enabled the standardization of political representation, bringing more political intelligibility between the leaders and constituents of the Miskitu socio-territorial movement. This cartographically enabled standardization is referred to as vernacular legibility because it repurposes technologies of governance to facilitate the formalization of community politics. Vernacular legibility shows how organizational analysis combined with critical cartography advances our understanding of different pathways in the formation of socio-territorial movements. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
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13. Crisis y desafíos en la preservación de la identidad cultural de los pueblos originarios y afrodescendientes de Centroamérica.
- Author
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Alonso Castilla, Arístides
- Subjects
CULTURAL identity ,LEGAL recognition ,DEMOGRAPHIC change ,MODERNITY ,CULTURAL maintenance ,FIRST Nations of Canada ,INDIGENOUS peoples ,COUNTRIES - Abstract
Copyright of Revista de Fomento Social is the property of ETEA and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
14. The Struggle for Recognition: Adat Law Trajectories under Indonesian Politics of Legal Unification.
- Author
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Anggoro, Syahriza Alkohir and Negara, Tunggul Anshari Setia
- Subjects
LEGAL recognition ,DECENTRALIZATION in government ,LEGAL pluralism ,INDIGENOUS peoples - Abstract
This article examines the trajectories of adat law in Indonesia by looking at the extent to which legal pluralism has been constitutionalized. This article argues that the formation of the 1945 Constitution, which was driven by the political motivation of legal unification, did not produce inclusive constitutional provisions recognizing the jurisdiction of adat law and enabled practice of legal centralism during authoritarian regimes of Soekarno (1959–1966) and Soeharto (1967–1998). Although post-New Order democratization and decentralization offered political opportunities for indigenous peoples' movements to promote legal pluralism and reconcile their marginalized traditional rights, Indonesia has made little progress as the conditional recognition approach adopted through constitutional amendments poses significant obstacles for legitimizing adat law norms as part of the plurilegal order. This article offers historical interpretation to the status, position and legal consequences of adat law in Indonesian legal system from its independence until the beginning of reformasi era. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
15. El autogobierno de Cherán K’eri en la defensa del territorio.
- Author
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Fuentes Díaz, Antonio, del Pilar Moreno Badajoz, Rocío, and Rivero Borrell Z., Luis E.
- Subjects
COMMUNITY forests ,DIRECT democracy ,LEGAL recognition ,INDIGENOUS peoples ,POLITICAL autonomy ,WORLDVIEW ,EXERCISE - Abstract
Copyright of Revista d'Estudis Autonòmics i Federals is the property of Revista d'Estudis Autonomics i Federals and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2021
- Full Text
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16. Who is Afro-Chilean? Authenticity struggles and boundary making in Chile's northern borderland.
- Author
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Mardones Marshall, Antonia
- Subjects
LEGAL recognition ,ETHNOGRAPHIC analysis ,INDIGENOUS peoples ,NATIONALISM - Abstract
Research on Afrodescendant ethnic renewal in Latin America has mostly focused on how identities become politicized as Afrodescendants demand legal recognition, affirmative action policies and multicultural rights. This article instead directs attention to individuals' everyday negotiations and struggles over the definition of who is authentically black and who can legitimately claim an Afrodescendant identity. Through ethnographic observation and in-depth interviews with individuals who identify as Afrodescendants in northern Chile, I look at how they construct boundaries to define membership into their community. I find that in their effort to present themselves as both Chileans and Afrodescendants, Afro-Chileans construct boundaries to distance themselves from three groups: "regular" Chileans, Aymara Indigenous people, and recently arrived black immigrants. Each boundary helps them emphasize different aspects of their local, ethnic, and national identity, promoting distinct and sometimes conflicting ways to define what it entails to be Afro-Chilean. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
17. DIREITO INDIGENISTA NO BRASIL: DA CRISTIANIZAÇÃO À IMPOSIÇÃO CULTURAL E JURÍDICA.
- Author
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Angelin, Rosângela and Braga Dias, Edemir
- Subjects
STATE power ,INDIGENOUS peoples ,LEGAL recognition ,HEGEMONY ,JUSTICE administration ,IMAGINATION - Abstract
Copyright of Protestantismo em Revista is the property of Nucleo de Estudos e Pesquisa do Protestantismo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
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18. FEDERALISM AND INDIGENOUS PEOPLES IN SARAWAK: THE MALAYSIAN FEDERAL COURT'S JUDGMENTS IN SANDAH (NO 1) AND (NO 2).
- Author
-
EDEN HB CHUA
- Subjects
INDIGENOUS peoples ,LEGAL recognition ,PROPERTY rights ,COURT rules ,FEDERAL courts - Abstract
Legal recognition of indigenous land rights for the indigenous peoples in the Malaysian state of Sarawak is still in an unfortunate state. Despite being the largest ethnic group of the state and enjoying benefits under the federal system, the fight to hold onto their traditional customs is far from over. The recent Malaysia Federal Court rulings in Sandah (No 1) and (No 2) illustrated this point as the court denied their native customary rights on their ancestral land and also their rights to have their case heard by at least one judge with Bornean judicial experience. With no clear law to shed light on the legal existence of their traditional customs as well as the Constitution's silence on the requirement to have at least one judge with Bornean judicial experience, the Federal Court's endeavour to resolve these issues merits attention. This paper thus reviews and comments on the decisions of the Federal Court, with special focus on the implications for the federal system. [ABSTRACT FROM AUTHOR]
- Published
- 2020
19. Free, Prior and Informed Consent (FPIC) of Indigenous Peoples before Human Rights Courts and International Investment Tribunals: Two Sides of the Same Coin?
- Author
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Giupponi, Belen Olmos
- Subjects
INDIGENOUS peoples ,INTERNATIONAL human rights courts ,INFORMED consent (Medical law) ,HUMAN rights ,LEGAL recognition - Abstract
This article highlights the advances and drawbacks in the recognition and implementation of the right to free, prior and informed consent (FPIC) of indigenous peoples in light of international litigation. Although a certain amount of progress has been achieved, this article demonstrates that a normative gap subsists between the international norms applicable and state practice. In exploring the topic, the article brings together diverse legal and theoretical components from several areas of law, some of which are not usually regarded as associated with FPIC. In particular, the article considers the interpretation of case law decided by international human rights bodies, regional human rights courts and investment tribunals, critically examining the constraints on their interpretation. The article concludes by analysing the various strategies followed to implement FPIC, and argues for an understanding of FPIC that reaches beyond the human rights arena. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
20. Recognition of Barkandji Water Rights in Australian Settler-Colonial Water Regimes.
- Author
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Hartwig, Lana D., Jackson, Sue, and Osborne, Natalie
- Subjects
WATER rights ,LAND tenure ,LEGAL recognition ,INDIGENOUS peoples ,COLONIES - Abstract
The passage of the Native Title Act 1993 (Cth) brought with it much anticipation--though in reality, quite limited means--for recognizing and protecting Aboriginal peoples' rights to land and water across Australia. A further decade passed before national and State water policy acknowledged Aboriginal water rights and interests. In 2015, the native title rights of the Barkandji Aboriginal People in the Australian State of New South Wales (NSW) were recognized after an eighteen-year legal case. This legal recognition represents a significant outcome for the Barkandji People because water and, more specifically, the Darling River, or Barka, is central to their existence. However, the Barkandji confront ongoing struggles to have their common law rights recognized and accommodated within Australian water governance regimes. Informed by literature relating to the politics of recognition, we examine the outcomes of government attempts at Indigenous recognition through four Australian water regimes: national water policy; native title law; NSW water legislation; and NSW water allocation planning. Drawing from the Barkandji's experiences in engaging with water regimes, we analyze and characterize the outcomes of these recognition attempts broadly as 'misrecognition' and 'non-recognition', and describe the associated implications for Aboriginal peoples. These manifestations of colonial power relations, whether intended or not, undermine the legitimacy of state water regimes because they fail to generate recognition of, and respect for, Aboriginal water rights and to redress historical legacies of exclusion and discrimination in access to water. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
21. Rethinking Adat strategies
- Author
-
Arizona, Y., Bedner, A.W., Vel, J.A.C., Ubink, J.M., Persoon, G.A., Peluso, N.L., Safitri, M.A., and Leiden University
- Subjects
Customary land rights ,Legal recognition ,Indonesia ,Land conflicts ,Customary law ,Forest tenure ,Forest governance ,Land politics ,Indigenous peoples ,Adat - Abstract
Worldwide, the legalisation of customary land rights has become a strategy for resolving land conflicts between local communities with companies and state agencies. In Indonesia, NGOs have been promoting that strategy through campaigns for changing the legislation and directly assisting adat communities in concrete cases of land conflicts. However, success has been limited.Using a socio-legal research method, this book demonstrates the complexity of the legal recognition process of customary land rights in land dispute settings. It shows how the state legal framework deliberately repressed customary land rights over time, from the colonial period to the present. Detailed case studies also reveal competing interests among community members and their changing strategies in facing land conflicts. Finally, the book explores what happened in practice after communities did obtain legal recognition and whether that indeed solved their land problems.This dissertation invites indigenous rights activists and scholars to rethink the efficacy of the legal recognition strategy in using customary land rights claims as a solution to land conflicts.
- Published
- 2022
22. Theorizing voice: Performativity, politics and listening.
- Author
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Lawy, Jenny R.
- Subjects
PERFORMATIVE (Philosophy) ,GESTURE ,LEGAL recognition ,ETHNOGRAPHIC analysis ,HUMAN voice ,POLITICAL science - Abstract
The aim of this article is to develop a theory of voice. I claim that it is productive to use ‘voice’ as a theoretical tool that encompasses a speaker’s performance and body gestures. At the same time, this paper argues that it is insufficient to focus on the speaker. While there is recognition that voice(s) are a necessary part of a functioning political, democratic structure, this article reveals that any research on voice needs to also consider the politics involved in listening. Listening not only nuances the study of voice, but also includes those in positions of dominance whose power can be forgotten if discussion focuses exclusively on the political and social struggles that the disempowered undertake in order to make themselves heard. I draw on ethnographic research that was carried out in 2011 and 2012 in Botswana with indigenous Nc
o akhoe (also known in literature as ‘San’) to show how voice was used (performativity) but also how the audience was often restricted. This reduced the political effects of even Nco akhoe who are educated and employed Christians, i.e. Nco akhoe who have subscribed to the dominant moral code. My research suggests that a theory of voice is not only about speaking, participating or making yourself heard but also must consider the implications of using a voice that relies upon dominant structures to legitimize it. When Nco akhoe speak, who listens? [ABSTRACT FROM AUTHOR]- Published
- 2017
- Full Text
- View/download PDF
23. Pluralising political legitimacy.
- Author
-
Ivison, Duncan
- Subjects
INDIGENOUS Australians ,LIBERALISM ,IMPERIALISM ,PLURALISM ,LEGAL recognition ,LEGAL justification - Abstract
Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least aprima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. [ABSTRACT FROM PUBLISHER]
- Published
- 2017
- Full Text
- View/download PDF
24. Awawanenitakik: The spatial politics of recognition and relational geographies of Indigenous self-determination.
- Author
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Daigle, Michelle
- Subjects
AUTONOMY (Psychology) ,REPRESENTATIVE government ,INDIGENOUS peoples ,LEGAL recognition ,GEOGRAPHY - Abstract
Self-determination for Indigenous peoples across the globe continues to be a controversial and widely debated topic. In Canada, the language of recognition has been increasingly utilized to frame Indigenous claims for self-determination resulting in policies and initiatives that have often been deemed progressive and empowering. In response, an increasing number of scholars and activists have argued that land claims, self-government models, and economic development initiatives implemented by the Crown under the guise of recognition continue to reproduce colonial Indigenous-state relations in Canada. In this article, I juxtapose the spatiality of colonial governance reproduced through recognition-based strategies with the relational geographies lived through everyday practices of self-determination that are rooted in place-based Indigenous ontologies. Specifically, I examine Omushkegowuk Cree ontologies of self-determination expressed through the law of awawanenitakik and lived through the process of ceremonial regeneration. In doing so, I aim to cultivate further dialogue in geography on the diverse ways Indigenous peoples think about and live self-determination outside and/or alongside formal state and intergovernmental structures, while simultaneously complicating the way we think about place, land, and responsibility. Awawanenitakik : la politique spatiale de la reconnaissance et les géographies relationnelles du droit des peuples autochtones à l'autodétermination Le droit des peuples autochtones du monde entier à l'autodétermination demeure un sujet controversé qui suscite beaucoup de discussions. Au Canada, les revendications autochtones d'autodétermination s'articulent davantage autour de la reconnaissance, ce qui a donné lieu à des politiques et des démarches que l'on estime souvent novatrices et favorables à une autonomie accrue. Un nombre croissant de chercheurs universitaires et de militants ont réagi en faisant valoir que les revendications territoriales, les modèles d'autonomie gouvernementale, et les démarches de développement économique mises de l'avant par la Couronne sous prétexte de la reconnaissance, reproduisent et perpétuent les relations coloniales entre l'État et les Autochtones au Canada. Cet article présente, sous la forme d'une juxtaposition, la spatialité de la gouvernance coloniale générée par des stratégies fondées sur la reconnaissance, et les géographies relationnelles concrétisées par des pratiques quotidiennes de l'autodétermination s'inscrivant dans des ontologies autochtones fondées sur le lieu. Plus précisément, les ontologies de l'autodétermination des Cris de Mushkegowuk, telles que formulées par la loi d'awawanenitukik et s'inscrivant dans les rituels de régénération, sont soumises à l'analyse. Ce faisant, je cherche à contribuer, d'une part, à l'approfondissement du dialogue en géographie sur les différentes manières par lesquelles les peuples autochtones conçoivent et vivent l'autodétermination en périphérie et/ou en parallèle des structures formelles étatiques et intergouvernementales et, d'autre part, à élargir la vision que l'on peut avoir du lieu, de la terre et de la responsabilité. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
25. The Imprimatur of Recognition: The Federal Acknowledgement Process and the Legal De/Construction of American Indian Collective Identity.
- Author
-
Gonzales, Angela A.
- Subjects
FEDERAL government ,GROUP identity ,INDIGENOUS peoples of the Americas ,INTERGOVERNMENTAL tax relations ,PUBLIC records - Abstract
In the United States today, there are 556 federally acknowledged Indian tribes, including 223 village groups in Alaska. The terms "federal acknowledgement" and "Indian tribe" are intended to signify the recognition and political status of Indian tribes based on a trust relationship with the federal government that is legally acknowledged, or recognized, by both parties. While federal acknowledgement of many Indian tribes was established historically through treaties, Constitutional provisions, and other legislative acts, others came much later through the Federal Acknowledge Process (FAP). Promulgated in 1978 under Part 54 of Title 25 of the Code of Federal Regulations, the FAP outlines the process, procedures, and criteria for determining whether and which groups deserve federal acknowledgment as an Indian tribe. Examining how American Indian collective identity is ensconced in federal law as it defines "tribe" separate and apart from other collectivities, I examine the federal acknowledgment process and the deeply racialized form of legal discourse through which the courts have construed the social identity of indigenous peoples in the United States. Using the petition for federal acknowledgment filed by the Ramapough Mountain Indians of New Jersey as an illustrative case, I interrogate how the federal acknowledgment process and the language of law creates a "legal fiction" whose vocabulary for the discussion of group life reinforces certain conceptions of collective identity, organization, and social relations to the exclusion of other forms of group organization and collective self-understanding and identity. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2006
26. L'adoption coutumière au regard du droit international : droits de l'enfant vs droits des peuples autochtones.
- Author
-
Paré, Mona
- Subjects
INDIGENOUS children ,CUSTOMARY law ,LEGAL recognition ,INTERNATIONAL law ,CHILDREN'S rights ,INDIGENOUS peoples - Abstract
The article presents information on the adoption of aboriginal children with respect to the customary law and the claim on its legal recognition by the aboriginal people. It focuses on the recognition with reference to the international law and also discusses the protection of child rights. Information on the role of international bodies regarding the rights of the children and the people and the recognition of the customary adoption is also presented.
- Published
- 2011
- Full Text
- View/download PDF
27. JUSTICIA DE GÉNERO, CIUDADANÍA Y DIFERENCIA EN AMÉRICA LATINA.
- Author
-
Molyneux, Maxine
- Subjects
WOMEN'S rights ,GENDER inequality ,INDIGENOUS peoples ,SOCIAL structure ,FEMINISM ,LEGAL recognition ,LATIN American social conditions - Abstract
This article discusses the role of women in Latin American society from the perspectives of justice, citizenship, and gender itself. It examines the influence of feminism in the region in its critique of the male-oriented social structure beginning in the 1970s. The author explores the desire of feminists to have greater recognition in society and before the law. She also compares the social stature of women to the indigenous populations of Latin America, who also went unrecognized, according to the author. Their achievements in advancing women's rights and the formation of gender equality policies at the end of the 20th and beginning of the 21st centuries are also studied.
- Published
- 2010
28. Amazon indigenous peoples
- Author
-
Benavides, Margarita
- Subjects
SUSTAINABLE development ,INDIGENOUS peoples ,LAW - Published
- 1996
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