International law is rich in promise but poor in detail and practical application about the rights of indigenous people. This book focuses on practical measures that have been implemented in states to give effect to free, prior and informed consent (FPIC); self-determination by indigenous people; special electoral measures to benefit indigenous people; and the role of advisory bodies to advocate for indigenous interests. In many comparative works there are often only scant or brief reference to some country-experiences, but in this book several case studies are explored in depth to promote a greater understanding of the self-determination arrangements that have been implemented. These case studies represent a form of glocalisation, whereby global principles are applied to find local solutions, and local solutions in turn inform greater clarity and specificity to global principles. At the end of each chapter key lessons that can be drawn from the respective case studies are identified in the hope that those may inform developments in other countries and in international law.

In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.

More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.

A Global History of Indigenous Peoples examines the history of the indigenous/tribal peoples of the world. The work spans the period from the pivotal migrations which saw the peopling of the world, examines the processes by which tribal peoples established themselves as separate from surplus-based and more material societies, and considers the impact of the policies of domination and colonization which brought dramatic change to indigenous cultures. The book covers both tribal societies affected by the expansion of European empires and those indigenous cultures influenced by the economic and military expansion of non-European powers. The work concludes with a discussion of contemporary political and legal conflicts between tribal peoples and nation-states and the on-going effort to sustain indigenous cultures in the face of globalization, resource developments and continued threats to tribal lands and societies.

This three-volume set chronicles the history of human rights in the United States from the perspective of domestic social justice activism. First, the set examines the political forces and historic events that resulted in the U.S.'s failure to embrace human rights principles at home while actively (albeit selectively) championing and promoting human rights abroad. It then considers the current explosion of human rights activism around issues within the United States and the way human rights is transforming domestic social justice work. The first volume provides a historical perspective on the United States' ambivalent relationship with the international human rights movement. It examines the implications of recognizing domestic rights violations as a matter of international concern and the relationship between international and domestic law. It also addresses the role the Cold War and Southern opposition to international scrutiny of its Jim Crow policies and segregation played in shaping U.S. attitudes toward human rights generally and social and economic rights in particular. These factors forced social justice organizations to largely abandon employing a human rights framework in their domestic work and had a lasting impact on U.S. perspectives about fundamental rights and the role of government. The set also chronicles current domestic human rights work. Volumes two and three consider why domestic activists currently are using human rights and the tactical advantages and practical challenges posed by such strategies. These volumes cover everything from globalization to terrorism and the erosion of civil rights protections that led to a renewed interest in human rights; human rights versus civil rights strategies; and the different ways human rights can support social activism.

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.

This book provides a definitive account of the creation and rise of the international Indigenous Peoples’ movement. In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation – especially at the United Nations, an institution centered on states – meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall – now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources. Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues.

While there is talk of the Fourth Industrial Revolution, old and new challenges bedevil the world – climate change, nutrition, and health poverty being at the top of the list. In seeking solutions to these and other problems which afflict the modern era, it is worthwhile to look into our collective past, to the traditions and knowledges of our ancestors. Such knowledge continues to exist in many parts of the world, though now marginalized by homogenous, Eurocentric ontolology and epistemology. This book presents a compilation of reviews, case studies, and primary research attempting to locate the utility of traditional and Indigenous Knowledges in an increasingly complex world. It assembles chapter authors from across the world to tackle topics ranging from traditional knowledge-based innovations and commercialization, traditional medicine systems as practiced around the world, ethnoveterinary practices, and food innovation to traditional governance and leadership systems, among others. This book is an important resource for policymakers; scholars and researchers of cultural studies, leadership, governance, ethnobotany, anthropology, plant genetic resources and technology innovation; and readers interested in the history of knowledge and culture, as well as cultural activists and political scientists. Features: Unique combination of social science and anthropological aspects with natural science perspectives Includes summaries aimed at policymakers to immediately see what would be relevant to their work Combines case studies illuminating important lessons learned with reviews and primary data Multidisciplinary in the scope of the topics tackled and assemblage of contributors Global footprint with contributions from Africa, Europe, North America, Asia, and the West Indies David R. Katerere, Department of Pharmaceutical Sciences, Tshwane University of Technology, South Africa Wendy Applequist, William L. Brown Center, Missouri Botanical Garden, St Louis, Missouri Oluwaseyi M. Aboyade, Department of Pharmaceutical Sciences, Tshwane University of Technology, South Africa and Nutritica SA, The Innovation Hub, Pretoria, South Africa Chamunorwa Togo, The Innovation Hub, Pretoria, South Africa

This is the first textbook of its kind to amass cases of genocide and other mass atrocities across the nineteenth, twentieth, and twenty-first centuries that have largely been pushed to the periphery of Genocide Studies or “forgotten” altogether. Divided into four thematic sections – Genocide and Imperialism; War and Genocide; State Repression, Military Dictatorships, and Genocide; and Human-Caused Famine, Attrition, and Genocide – A Modern History of Forgotten Genocides and Mass Atrocities covers five continents, including case studies from Biafra, Yemen, Argentina, Russia, China, and Bengal. They range from the French conquest of Algeria in the mid-nineteenth century to the Yazidi genocide perpetrated by the Islamic State in Iraq and Syria between 2014 and 2017, and show that at times of rising authoritarianism, military conquest, and weaponization of hunger, lines between what is war and what is genocide are increasingly blurred. By including genocides and mass atrocities that are often overlooked, this volume is crucial to the ongoing debates about whether “this atrocity or that one” amounts to genocide. By including key points, events, terms, and critical questions throughout, this is the ideal textbook for undergraduate students who study genocide, mass atrocities, and human rights across the globe.

Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes' claims to justiciable property rights over their traditional lands, catapulting these up the national agenda and jolting them out of a previous culture of governmental inattention. In a series of breakthrough cases national courts adopted the argument developed first in western Canada, and then New Zealand and Australia by a handful of influential scholars. By the beginning of the millennium the doctrine had spread to Malaysia, Belize, southern Africa and had a profound impact upon the rapid development of international law of indigenous peoples' rights. This book is a history of this doctrine and the explosion of intellectual activity arising from this inrush of legalism into the tribes' relations with the Anglo settler state. The author is one of the key scholars involved from the doctrine's appearance in the early 1980s as an exhortation to the courts, and a figure who has both witnessed and contributed to its acceptance and subsequent pattern of development. He looks critically at the early conceptualisation of the doctrine, its doctrinal elaboration in Canada and Australia - the busiest jurisdictions - through a proprietary paradigm located primarily (and constrictively) inside adjudicative processes. He also considers the issues of inter-disciplinary thought and practice arising from national legal systems' recognition of aboriginal land rights, including the emergent and associated themes of self-determination that surfaced more overtly during the 1990s and after. The doctrine made modern legal history, and it is still making it.