Legal, policy and institutional reforms necessary in order to safeguard and promote effective access to land and land based resources by ‘indigenous peoples’ in Kenya
This document discusses legal, policy, and institutional reforms needed in Kenya to protect indigenous peoples' access to land and land-based resources. It notes that indigenous groups face challenges including marginalization and lack of recognition by the government. While Kenya's 2010 constitution aims to address these issues, indigenous communities continue to suffer evictions from ancestral lands due to uncertainty in laws and policies. The document calls for strengthening land tenure security and customary land rights for indigenous peoples through legal reforms, policy changes, and court rulings that are compliant with international human rights standards of free, prior, and informed consent.
Synthesis Paper Indigenous peoples’ rights to lands, territories and resources Dr Lendy Spires
This document summarizes indigenous peoples' rights to lands, territories, and resources under international law. It discusses key elements of these rights as defined in the UN Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169. These include rights to territories and natural resources, as well as collective land rights based on traditional occupation. The document also examines challenges faced by indigenous peoples in different regions and recommends that the International Land Coalition adopt a specific policy and targeted initiatives to support indigenous land rights.
This document is the United Nations Declaration on the Rights of Indigenous Peoples. It was adopted by the UN General Assembly on September 13, 2007. The declaration affirms that indigenous peoples have collective and individual rights, including the right to self-determination and control over their lands and resources. It also recognizes the rights of indigenous peoples to maintain and strengthen their cultures and identities. The declaration contains 46 articles that outline the specific economic, social, cultural, spiritual and political rights of indigenous peoples.
UN Declaration of the Rights of Indigenous PeoplesGeoff Campbell
This document provides an outline and background information on the UN Declaration on the Rights of Indigenous Peoples. It discusses the history of the declaration, Canada's initial objection to it, why Canada later changed its position, and the declaration's authority and effectiveness. Key points include that the declaration sets out individual and collective rights for indigenous peoples, was adopted by the UN in 2007 over initial objections from Canada, Australia, New Zealand and the US, and that while non-binding, it establishes standards and legal precedent for the rights of indigenous peoples.
The Promise and Feasibility of Realizing Community Land Rights in KenyaKevin M. Doyle
Presentation given by Kevin M. Doyle at a Seminar at the Institute for Poverty, Land and Agrarian Studies, University of the Western Cape, Bellville, South Africa, July 30, 2013
The analysis driven from the above research is that there are no profound laws made by any countries regarding the protection of their heritage culture.
Please like the slide and share your comments.
Climate change and land rights of Indigenous peoples CIFOR-ICRAF
Presentation by Andrea Carmen at "Indigenous Peoples’ rights and land tenure" Discussion Forum on the first day of the Global Landscapes Forum 2015, in Paris, France alongside COP21. For more information go to: www.landscapes.org.
In this powerpoint lecture presentation, Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and and Faculty Co-chair, Indigenous Peoples Law and Policy Program at the University of Arizona Rogers College of Law, discusses recent cases and developments within the Organization of American States (OAS) Inter-American human rights system on the issue of indigenous peoples' property rights under international law. This background and history provides the framework for his presentation of the case, Hul'qumi'num Treaty Group (HTG) v. Canada, presently at the Merits Stage before the Inter-American Commission on Human Rights (IACHR).
Professor Williams serves as lead counsel for the IPLP Program at the University of Arizona, which filed the petition on behalf of the six HTG First Nations to the IACHR, alleging human rights violations committed by Canada in the British Columbia Treaty Commission process. Professor Williams traces the progressive development of indigenous peoples' property rights under international law and within the inter-American human rights system, beginning with the exclusion of many of the world's indigenous tribal peoples from the United Nations (UN) decolonization process, to the adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). He concludes with an explanation of the IACHR's 2011 ruling on admissibility of HTG's human rights complaint alleging violations by Canada of the American Declaration on the Rights and Duties of Man, an OAS human rights instrument binding on Canada as a charter member of the OAS.
Synthesis Paper Indigenous peoples’ rights to lands, territories and resources Dr Lendy Spires
This document summarizes indigenous peoples' rights to lands, territories, and resources under international law. It discusses key elements of these rights as defined in the UN Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169. These include rights to territories and natural resources, as well as collective land rights based on traditional occupation. The document also examines challenges faced by indigenous peoples in different regions and recommends that the International Land Coalition adopt a specific policy and targeted initiatives to support indigenous land rights.
This document is the United Nations Declaration on the Rights of Indigenous Peoples. It was adopted by the UN General Assembly on September 13, 2007. The declaration affirms that indigenous peoples have collective and individual rights, including the right to self-determination and control over their lands and resources. It also recognizes the rights of indigenous peoples to maintain and strengthen their cultures and identities. The declaration contains 46 articles that outline the specific economic, social, cultural, spiritual and political rights of indigenous peoples.
UN Declaration of the Rights of Indigenous PeoplesGeoff Campbell
This document provides an outline and background information on the UN Declaration on the Rights of Indigenous Peoples. It discusses the history of the declaration, Canada's initial objection to it, why Canada later changed its position, and the declaration's authority and effectiveness. Key points include that the declaration sets out individual and collective rights for indigenous peoples, was adopted by the UN in 2007 over initial objections from Canada, Australia, New Zealand and the US, and that while non-binding, it establishes standards and legal precedent for the rights of indigenous peoples.
The Promise and Feasibility of Realizing Community Land Rights in KenyaKevin M. Doyle
Presentation given by Kevin M. Doyle at a Seminar at the Institute for Poverty, Land and Agrarian Studies, University of the Western Cape, Bellville, South Africa, July 30, 2013
The analysis driven from the above research is that there are no profound laws made by any countries regarding the protection of their heritage culture.
Please like the slide and share your comments.
Climate change and land rights of Indigenous peoples CIFOR-ICRAF
Presentation by Andrea Carmen at "Indigenous Peoples’ rights and land tenure" Discussion Forum on the first day of the Global Landscapes Forum 2015, in Paris, France alongside COP21. For more information go to: www.landscapes.org.
In this powerpoint lecture presentation, Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and and Faculty Co-chair, Indigenous Peoples Law and Policy Program at the University of Arizona Rogers College of Law, discusses recent cases and developments within the Organization of American States (OAS) Inter-American human rights system on the issue of indigenous peoples' property rights under international law. This background and history provides the framework for his presentation of the case, Hul'qumi'num Treaty Group (HTG) v. Canada, presently at the Merits Stage before the Inter-American Commission on Human Rights (IACHR).
Professor Williams serves as lead counsel for the IPLP Program at the University of Arizona, which filed the petition on behalf of the six HTG First Nations to the IACHR, alleging human rights violations committed by Canada in the British Columbia Treaty Commission process. Professor Williams traces the progressive development of indigenous peoples' property rights under international law and within the inter-American human rights system, beginning with the exclusion of many of the world's indigenous tribal peoples from the United Nations (UN) decolonization process, to the adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). He concludes with an explanation of the IACHR's 2011 ruling on admissibility of HTG's human rights complaint alleging violations by Canada of the American Declaration on the Rights and Duties of Man, an OAS human rights instrument binding on Canada as a charter member of the OAS.
Customary Law, Intellectual Property and the Protection of Traditional Knolwe...Brendan Tobin
Examines Customary Law and the Protection of Traditional Knowledge in light of the Adoption of the Nagoya Protocol and of European Law regulating Access to genetic resources and benefit sharing. It highlights the failure of EU law to protect traditional knowledge and to prevent biopiracy. It notes the European Parliament's support for a disclosure of origin system in intellectual property law and argues that both customary law and compliance measures in intellectual property law have a role to play in defence of Indigenous peoples rights over their traditional knowledge.
The document discusses the Crown's legal duty to consult with Aboriginal peoples in Canada. It explains that Aboriginal title and rights are recognized under section 35 of the Constitution Act, and the Crown has a fiduciary duty and obligation to uphold these rights. The duty to consult requires more than minimal consultation and must be carried out in good faith. The Supreme Court of Canada has established tests and criteria for what constitutes meaningful consultation and justification of infringements of Aboriginal rights. However, the document notes there are ongoing issues and challenges with consultation processes in Ontario.
1. Indigenous representatives from around the world met in Norway to develop recommendations for the 2014 UN World Conference on Indigenous Peoples.
2. The document outlines four overarching themes: indigenous lands and resources; UN system actions; implementation of indigenous rights; and indigenous priorities for development.
3. Under each theme, specific recommendations are provided, such as establishing mechanisms for indigenous consent over lands and resources, creating a new UN body to promote indigenous rights, and recognizing indigenous self-determination.
This document summarizes several land conflict cases in Cambodia, including the Boeung Kak Lake case in Phnom Penh. In the Boeung Kak case, a private developer was granted a 99-year lease over 133 hectares of public land around the lake in 2007, displacing about 4,000 families. Residents protested the development that filled the lake and flooded homes. Over 3,500 families accepted inadequate compensation, though some continue fighting back through petitions and proposals for on-site resettlement. The document discusses several other land conflict cases involving economic land concessions in Cambodia.
VGGT for the protection of customary rightsmrlgregion
Marianna Bicchieri discussed customary land tenure rights and the VGGT guidelines. She noted that over 2 billion people rely on customary tenure systems for land and natural resources. The VGGT provide principles for states to recognize and protect legitimate tenure rights, including those held by indigenous peoples and communities with customary systems. She used examples from Myanmar's land policy and a FAO report to illustrate how countries can translate these principles into practice by formally recognizing customary rights through legal and policy frameworks.
(2014) Canada’s Aboriginal Peoples (I): First Nations and the Métis Nation (9...K-12 STUDY CANADA
This document provides an overview of Indigenous peoples in Canada, including:
- Canada's history is one of colonialism that has marginalized Indigenous peoples through the loss of land and imposition of Western ways of knowing.
- Contemporary Indigenous identity is linked to discriminatory policies of forced assimilation through the Indian Act and residential schools.
- Since 1969, Indigenous peoples have pursued legal and political strategies to strengthen rights to land and self-determination, leading to some recognition of claims and treaties in the Constitution but unfinished issues remain.
This presentation provides an overview of the hardships faced by Aboriginal peoples in Canada due to colonization. The Indian Act of 1867 destroyed Aboriginal ways of life by imposing a patriarchal system and stripping Aboriginal women of their status. Aboriginal women faced discrimination, including the removal of midwives and traditional birthing practices. They were overrepresented in the prison system due to the intergenerational trauma of colonization. Overall, the presentation examines how colonization through policies like the Indian Act undermined Aboriginal identity and culture.
This slide-show was presented by Ralph Swain, Wilderness Program Manager for the USDA Forest Service Rocky Mountain Region, during the WILD9 Wilderness Management Seminar Training (1-3 November 2009). Ralph was a leader in the training, which brought together over 20 wilderness managers from around the world to share knowledge & experiences and learn best-practices in wilderness management.
This document summarizes a presentation on indigenous rights and REDD+ programs in Bolivia and Peru. It discusses the legal frameworks around indigenous land rights and free prior informed consent in both countries. It then analyzes strategies used by competing interest groups to undermine indigenous rights through two case studies, the TIPNIS protected area in Bolivia and REDD+ pilot projects in Peru. Effective strategies for indigenous peoples to defend their rights are also discussed, including mobilization, strengthening regional organizations, and acting in international political arenas like the UNFCCC. The document concludes with lessons around how REDD+ intersects with ongoing land conflicts and governance challenges in both countries.
Rainforest Foundation Norway, Rainforest and Climate Conference, Victoria Tau...amiladesaram
1) Indigenous peoples' rights under international law have implications for international climate change policies.
2) These rights include free, prior and informed consent when indigenous lands and resources are affected by projects or policies.
3) A human rights-based approach must be taken to climate change policies like REDD+ to ensure indigenous peoples are included in decision-making and their rights are respected.
The document summarizes the five phases of First Nations education in Canada: 1) Traditional education focused on oral histories and apprenticeships; 2) Education by missionaries who built day schools; 3) Residential schools aimed at assimilation that separated children from families; 4) Integrated education in provincial schools; and 5) Pursuit of Indian control of education. It provides historical context on treaties, the Indian Act, and residential schools, noting the intergenerational impacts of the cultural and linguistic suppression policies.
Wildlife and Sportfish Restoration - 75 Years of ConservationDakota Partners
The Wildlife and Sport Fish Restoration Program has its origins in the late 1800s/early 1900s with the establishment of wildlife conservation efforts. The program evolved in the 1920s-1930s with the realization that science could be used as a tool to manage wildlife populations. The Pittman-Robertson Wildlife Restoration Act of 1937 and the Dingell-Johnson Sport Fish Restoration Act of 1950 provided dedicated funding sources for state wildlife agencies which transformed them into science-based professional organizations. The acts have generated over $6.4 billion for fish and wildlife conservation efforts in the United States since 1937.
This document contains a collection of scattered articles and sections related to various topics including human rights, conflicts over water and natural resources, education in Asia, and the structure of educational systems. Specifically, it discusses conflicts in the Philippines, the Middle East, Rwanda, and Ecuador. It also includes portions of the Universal Declaration of Human Rights covering life, liberty, slavery, discrimination, movement, thought, assembly, social security, work, rest, standard of living, and duties to the community. Sections on education address private schools, chartered schools, teaching quality, educational technology, computer programming, computers as versatile tools, and the pre-school to graduate level structure.
Understanding and Implementing the UN DECLARATION ON THE RIGHTS OF INDIGENOUS...Dr Lendy Spires
The document provides an introductory overview of the UN Declaration on the Rights of Indigenous Peoples. It discusses the background of the UN Declaration, including its 20-year negotiation process and adoption by the UN General Assembly in 2007. It explains that the UN Declaration sets out minimum rights for Indigenous peoples and connects their rights to existing international human rights law and treaties. The handbook is meant to help various audiences understand the UN Declaration and its relevance in Canada.
Rights of indigenous peoples handbook for parliamentariansDr Lendy Spires
This document is a handbook for parliamentarians on implementing the UN Declaration on the Rights of Indigenous Peoples. It provides an overview of why indigenous peoples' rights are important for parliamentarians to consider, who indigenous peoples are, and what their key rights are according to international standards. The handbook also discusses the concept of free, prior and informed consent and its importance. It aims to be a practical tool for parliamentarians to strengthen their understanding and implementation of indigenous peoples' rights.
Indigenous peoples' rights are important to consider in international climate policies. While biofuels are sometimes seen as reducing greenhouse gas emissions, they often do not and can harm indigenous peoples. The UN Declaration on the Rights of Indigenous Peoples outlines protections for indigenous land, resources, culture, and right to free prior and informed consent on projects affecting them. International agreements recognize indigenous peoples' rights, but these are sometimes not respected, with indigenous peoples facing eviction and loss of lands. Climate policies must fully respect indigenous peoples' rights to avoid negative impacts.
The document discusses the history and goals of treaties between Indigenous peoples and colonial governments in what is now Canada. It outlines some of the common features and understandings of treaties from both Indigenous and government perspectives, including promises of ongoing hunting and fishing rights, reserve lands, and support for transitioning to a new economy. The document also shares differing understandings of the spirit and intent of treaties between Indigenous oral histories and colonial records. Overall, it provides context on the ongoing impacts and interpretations of the treaty relationships in Canada.
The document discusses artisanal mining in indigenous lands and the interactions between indigenous peoples, artisanal miners, and governments. It provides context on increasing demand for minerals, economic drivers of artisanal mining, and increasing indigenous empowerment. Case studies from Bolivia, Suriname, Brazil, and best practices from some large-scale mining companies are examined. Key questions are raised about whether artisanal mining can support indigenous development and how impacts can be better managed.
An Analytical Study of International Standards on Minority Rights IJMER
The recognition and protection of minority rights under international law began with the
establishment of the League of Nations which adopted several “minority treaties”. When the United
Nations was set up in 1945 to replace the League of Nations, it too, gradually developed a number of
norms, procedures and mechanisms with an aim to protect minorities. Apart from UN various
international statutes and standards have provided the broad framework for the protection and
promotion of these minorities.
This article is an endeavor by the author to ascertain the meaning of the term „Minority‟ as enshrined in
different international statutes. Author has also made an attempt to analyze the scope of minority rights
at the international forum. Article also consist analysis of various international statutes providing array
of rights to the minorities with help of relevant case laws.
Este documento presenta información sobre diversas especies animales en peligro de extinción en Venezuela y el mundo, incluyendo la danta, guacamaya verde, elefante asiático, tucán, oso hormiguero, cardenalito, oso polar, atún rojo, tortuga baula y jirafa. Para cada especie, se describen las principales causas de su declive como la cacería, pérdida de hábitat, contaminación y cambio climático. También se exponen las consecuencias como la disminución de las p
El documento habla sobre los videojuegos educativos. Explica la diferencia entre videojuegos normales y serios, los objetivos de los videojuegos educativos, sus ventajas e inconvenientes, y diferentes tipos como los de plataformas, rompecabezas, simuladores y estrategia. También incluye una guía para la explotación didáctica, un ejemplo de buena práctica usando un videojuego en una unidad y una autoevaluación del trabajo.
Customary Law, Intellectual Property and the Protection of Traditional Knolwe...Brendan Tobin
Examines Customary Law and the Protection of Traditional Knowledge in light of the Adoption of the Nagoya Protocol and of European Law regulating Access to genetic resources and benefit sharing. It highlights the failure of EU law to protect traditional knowledge and to prevent biopiracy. It notes the European Parliament's support for a disclosure of origin system in intellectual property law and argues that both customary law and compliance measures in intellectual property law have a role to play in defence of Indigenous peoples rights over their traditional knowledge.
The document discusses the Crown's legal duty to consult with Aboriginal peoples in Canada. It explains that Aboriginal title and rights are recognized under section 35 of the Constitution Act, and the Crown has a fiduciary duty and obligation to uphold these rights. The duty to consult requires more than minimal consultation and must be carried out in good faith. The Supreme Court of Canada has established tests and criteria for what constitutes meaningful consultation and justification of infringements of Aboriginal rights. However, the document notes there are ongoing issues and challenges with consultation processes in Ontario.
1. Indigenous representatives from around the world met in Norway to develop recommendations for the 2014 UN World Conference on Indigenous Peoples.
2. The document outlines four overarching themes: indigenous lands and resources; UN system actions; implementation of indigenous rights; and indigenous priorities for development.
3. Under each theme, specific recommendations are provided, such as establishing mechanisms for indigenous consent over lands and resources, creating a new UN body to promote indigenous rights, and recognizing indigenous self-determination.
This document summarizes several land conflict cases in Cambodia, including the Boeung Kak Lake case in Phnom Penh. In the Boeung Kak case, a private developer was granted a 99-year lease over 133 hectares of public land around the lake in 2007, displacing about 4,000 families. Residents protested the development that filled the lake and flooded homes. Over 3,500 families accepted inadequate compensation, though some continue fighting back through petitions and proposals for on-site resettlement. The document discusses several other land conflict cases involving economic land concessions in Cambodia.
VGGT for the protection of customary rightsmrlgregion
Marianna Bicchieri discussed customary land tenure rights and the VGGT guidelines. She noted that over 2 billion people rely on customary tenure systems for land and natural resources. The VGGT provide principles for states to recognize and protect legitimate tenure rights, including those held by indigenous peoples and communities with customary systems. She used examples from Myanmar's land policy and a FAO report to illustrate how countries can translate these principles into practice by formally recognizing customary rights through legal and policy frameworks.
(2014) Canada’s Aboriginal Peoples (I): First Nations and the Métis Nation (9...K-12 STUDY CANADA
This document provides an overview of Indigenous peoples in Canada, including:
- Canada's history is one of colonialism that has marginalized Indigenous peoples through the loss of land and imposition of Western ways of knowing.
- Contemporary Indigenous identity is linked to discriminatory policies of forced assimilation through the Indian Act and residential schools.
- Since 1969, Indigenous peoples have pursued legal and political strategies to strengthen rights to land and self-determination, leading to some recognition of claims and treaties in the Constitution but unfinished issues remain.
This presentation provides an overview of the hardships faced by Aboriginal peoples in Canada due to colonization. The Indian Act of 1867 destroyed Aboriginal ways of life by imposing a patriarchal system and stripping Aboriginal women of their status. Aboriginal women faced discrimination, including the removal of midwives and traditional birthing practices. They were overrepresented in the prison system due to the intergenerational trauma of colonization. Overall, the presentation examines how colonization through policies like the Indian Act undermined Aboriginal identity and culture.
This slide-show was presented by Ralph Swain, Wilderness Program Manager for the USDA Forest Service Rocky Mountain Region, during the WILD9 Wilderness Management Seminar Training (1-3 November 2009). Ralph was a leader in the training, which brought together over 20 wilderness managers from around the world to share knowledge & experiences and learn best-practices in wilderness management.
This document summarizes a presentation on indigenous rights and REDD+ programs in Bolivia and Peru. It discusses the legal frameworks around indigenous land rights and free prior informed consent in both countries. It then analyzes strategies used by competing interest groups to undermine indigenous rights through two case studies, the TIPNIS protected area in Bolivia and REDD+ pilot projects in Peru. Effective strategies for indigenous peoples to defend their rights are also discussed, including mobilization, strengthening regional organizations, and acting in international political arenas like the UNFCCC. The document concludes with lessons around how REDD+ intersects with ongoing land conflicts and governance challenges in both countries.
Rainforest Foundation Norway, Rainforest and Climate Conference, Victoria Tau...amiladesaram
1) Indigenous peoples' rights under international law have implications for international climate change policies.
2) These rights include free, prior and informed consent when indigenous lands and resources are affected by projects or policies.
3) A human rights-based approach must be taken to climate change policies like REDD+ to ensure indigenous peoples are included in decision-making and their rights are respected.
The document summarizes the five phases of First Nations education in Canada: 1) Traditional education focused on oral histories and apprenticeships; 2) Education by missionaries who built day schools; 3) Residential schools aimed at assimilation that separated children from families; 4) Integrated education in provincial schools; and 5) Pursuit of Indian control of education. It provides historical context on treaties, the Indian Act, and residential schools, noting the intergenerational impacts of the cultural and linguistic suppression policies.
Wildlife and Sportfish Restoration - 75 Years of ConservationDakota Partners
The Wildlife and Sport Fish Restoration Program has its origins in the late 1800s/early 1900s with the establishment of wildlife conservation efforts. The program evolved in the 1920s-1930s with the realization that science could be used as a tool to manage wildlife populations. The Pittman-Robertson Wildlife Restoration Act of 1937 and the Dingell-Johnson Sport Fish Restoration Act of 1950 provided dedicated funding sources for state wildlife agencies which transformed them into science-based professional organizations. The acts have generated over $6.4 billion for fish and wildlife conservation efforts in the United States since 1937.
This document contains a collection of scattered articles and sections related to various topics including human rights, conflicts over water and natural resources, education in Asia, and the structure of educational systems. Specifically, it discusses conflicts in the Philippines, the Middle East, Rwanda, and Ecuador. It also includes portions of the Universal Declaration of Human Rights covering life, liberty, slavery, discrimination, movement, thought, assembly, social security, work, rest, standard of living, and duties to the community. Sections on education address private schools, chartered schools, teaching quality, educational technology, computer programming, computers as versatile tools, and the pre-school to graduate level structure.
Understanding and Implementing the UN DECLARATION ON THE RIGHTS OF INDIGENOUS...Dr Lendy Spires
The document provides an introductory overview of the UN Declaration on the Rights of Indigenous Peoples. It discusses the background of the UN Declaration, including its 20-year negotiation process and adoption by the UN General Assembly in 2007. It explains that the UN Declaration sets out minimum rights for Indigenous peoples and connects their rights to existing international human rights law and treaties. The handbook is meant to help various audiences understand the UN Declaration and its relevance in Canada.
Rights of indigenous peoples handbook for parliamentariansDr Lendy Spires
This document is a handbook for parliamentarians on implementing the UN Declaration on the Rights of Indigenous Peoples. It provides an overview of why indigenous peoples' rights are important for parliamentarians to consider, who indigenous peoples are, and what their key rights are according to international standards. The handbook also discusses the concept of free, prior and informed consent and its importance. It aims to be a practical tool for parliamentarians to strengthen their understanding and implementation of indigenous peoples' rights.
Indigenous peoples' rights are important to consider in international climate policies. While biofuels are sometimes seen as reducing greenhouse gas emissions, they often do not and can harm indigenous peoples. The UN Declaration on the Rights of Indigenous Peoples outlines protections for indigenous land, resources, culture, and right to free prior and informed consent on projects affecting them. International agreements recognize indigenous peoples' rights, but these are sometimes not respected, with indigenous peoples facing eviction and loss of lands. Climate policies must fully respect indigenous peoples' rights to avoid negative impacts.
The document discusses the history and goals of treaties between Indigenous peoples and colonial governments in what is now Canada. It outlines some of the common features and understandings of treaties from both Indigenous and government perspectives, including promises of ongoing hunting and fishing rights, reserve lands, and support for transitioning to a new economy. The document also shares differing understandings of the spirit and intent of treaties between Indigenous oral histories and colonial records. Overall, it provides context on the ongoing impacts and interpretations of the treaty relationships in Canada.
The document discusses artisanal mining in indigenous lands and the interactions between indigenous peoples, artisanal miners, and governments. It provides context on increasing demand for minerals, economic drivers of artisanal mining, and increasing indigenous empowerment. Case studies from Bolivia, Suriname, Brazil, and best practices from some large-scale mining companies are examined. Key questions are raised about whether artisanal mining can support indigenous development and how impacts can be better managed.
An Analytical Study of International Standards on Minority Rights IJMER
The recognition and protection of minority rights under international law began with the
establishment of the League of Nations which adopted several “minority treaties”. When the United
Nations was set up in 1945 to replace the League of Nations, it too, gradually developed a number of
norms, procedures and mechanisms with an aim to protect minorities. Apart from UN various
international statutes and standards have provided the broad framework for the protection and
promotion of these minorities.
This article is an endeavor by the author to ascertain the meaning of the term „Minority‟ as enshrined in
different international statutes. Author has also made an attempt to analyze the scope of minority rights
at the international forum. Article also consist analysis of various international statutes providing array
of rights to the minorities with help of relevant case laws.
Este documento presenta información sobre diversas especies animales en peligro de extinción en Venezuela y el mundo, incluyendo la danta, guacamaya verde, elefante asiático, tucán, oso hormiguero, cardenalito, oso polar, atún rojo, tortuga baula y jirafa. Para cada especie, se describen las principales causas de su declive como la cacería, pérdida de hábitat, contaminación y cambio climático. También se exponen las consecuencias como la disminución de las p
El documento habla sobre los videojuegos educativos. Explica la diferencia entre videojuegos normales y serios, los objetivos de los videojuegos educativos, sus ventajas e inconvenientes, y diferentes tipos como los de plataformas, rompecabezas, simuladores y estrategia. También incluye una guía para la explotación didáctica, un ejemplo de buena práctica usando un videojuego en una unidad y una autoevaluación del trabajo.
Are you showing the right stuff to your students? What step-by-step enrollment processes frustrate your team? Call it what you want, creative and purposeful design is fundamental to getting students what they need when they need it. Learn the Hunter College process for hangin’ tough and building a communication strategy that works.
The document outlines the 5 stages of 5S - a methodology for organizing and standardizing the workplace. The 5 stages are: 1) sorting to remove unnecessary items, 2) setting up an orderly workspace, 3) shining by keeping the area clean, 4) standardizing processes and visual controls, and 5) sustaining the system through discipline and commitment. When implemented properly, 5S results in benefits like improved safety, decreased downtime, higher productivity, and increased quality.
La educación ambiental tiene como objetivo introducir la dimensión ambiental en los contextos educativos para permitir un análisis crítico del medio ambiente. Se define como el proceso para reconocer valores y fomentar aptitudes que comprendan las interrelaciones entre el ser humano, su cultura y el medio físico. Tiene su origen en los años 1960 como respuesta educativa a la crisis ambiental causada por el modelo de desarrollo económico de la época. Es importante para promover un desarrollo sustentable a través del conocimiento sobre el cuid
Este documento presenta a El Viento Producciones, una empresa de producción audiovisual con más de 20 años de experiencia en cine, televisión y publicidad. La empresa se enfoca en la comunicación audiovisual de alta calidad a través de contenidos que conmuevan e inspiren pensamiento. El Viento Producciones ofrece una variedad de servicios como videos corporativos, grabación de eventos, contenido para TV, postproducción y más.
Problemáticas en nuestro país (respuestas)simonlondono
El documento no proporciona ninguna información sustantiva. Consiste en una serie de preguntas abiertas sobre temas económicos, sociales y educativos en Colombia, pero no ofrece detalles o contexto sobre ninguno de los temas.
El documento habla sobre el lenguaje y la comunicación. Explica que la lingüística estudia la estructura de las lenguas naturales y cómo funcionan. Luego describe diferentes tipos de lenguaje como el oral, escrito y lenguaje interno. También cubre los diferentes niveles del lenguaje como el vulgar, común y culto. Por último, resume las funciones principales del lenguaje como la emisión del mensaje, la situación, el receptor, el contexto y el código utilizado.
This document provides instructions for exporting ecological grenadilla fruit to Germany. It describes the grenadilla fruit as sweet and exotic with many health benefits. Germany is highlighted as an attractive market for organic and exotic fruits due to its large fruit market and focus on health. The document outlines documentation and steps required for export, including certificates, market research, tariff classification verification, customs procedures, and currency exchange.
Dokumen ini memberikan panduan lengkap tentang crowdfunding di platform Kitabisa, mulai dari penjelasan crowdfunding, cara mendaftarkan proyek, persiapan pra kampanye, pelaksanaan kampanye, hingga tindak lanjut setelah kampanye. Dokumen ini bertujuan untuk membantu calon pelaksana proyek memahami proses crowdfunding di Kitabisa agar proyeknya berhasil terkumpul dan dapat terealisasi.
Este documento resume las principales especies en peligro de extinción en Venezuela, incluyendo el cardenalito, cóndor, cotorra cabezaamarilla, gorila de montaña, guacamaya, oso frontino, mono araña, tigre blanco, mapache y águila arpía. Para cada especie, se describe la causa principal de su amenaza, como la caza, la pérdida de hábitat o enfermedades, y las posibles consecuencias de su extinción, como desequilibrios ecológicos. Finalmente, propone
This document is a resume for Jacob F. Wiskeman that outlines his professional and educational experience. It summarizes that he conducts himself professionally, has exceptional communication skills, and is passionate and knowledgeable about working on vehicles. It also notes that he has experience with AutoCAD, AutoCAD Inventor, SolidWorks, and Multisim software.
El documento describe las principales especies en peligro de extinción en Venezuela, incluyendo tortugas, jaguares, osos frontinos, cóndores, manatíes, osos hormigueros, cardenalitos, nutrias gigantes, cocodrilos del Orinoco y elefantes. Para cada especie, se detallan las causas de su declive (como la caza, la pérdida de hábitat y la contaminación), las consecuencias y algunas alternativas de solución como la educación, la preservación de hábitats y el fortal
El documento describe las principales barras y botones de la interfaz de Microsoft Word, incluyendo la barra de título, menú, herramientas, desplazamiento y estado. También menciona cómo aprender sobre estas funciones ha ayudado al autor a mejorar su trabajo al poder formattear y organizar documentos de manera más efectiva.
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Legal, policy and institutional reforms necessary in order to safeguard and promote effective access to land and land based resources by ‘indigenous peoples’ in Kenya
1. Legal, policy and institutional reforms necessary in order to
safeguard and promote effective access to land and land
based resources by ‘indigenous peoples’ in Kenya
The decolonisation processes in most African states transferred state power to the dominant
groups in the territory. Certain groups remained vulnerable primarily due to their close
attachment to their traditional cultures and reluctance to assimilate and embrace western
development paradigms that were adopted by the post-colonial state.1 It is some of these groups
who today self-identify as indigenous peoples and demand recognition and protection of their
fundamental rights in accordance with their culture, traditions and way of life.2
In Africa indigenous peoples face a lot of challenges ranging from marginalization and non-
recognition by governments and other ethnic groups, to poverty, AIDS/HIV, and illiteracy.3 At
the same time there have been remarkable achievements by indigenous people in the last 10
years, especially in South Africa, Kenya, Tanzania, Morocco, Central Africa, Nigeria, and other
eastern and central Africa communities.4 Arguably, indigenous people can be classified into two
major groups, namely livestock pastoralists and hunter-gathers. Some communities also exist
known as the blacksmiths and potters.
‘:Discrimination, domination and marginalisation violates their human rights as peoples/communities,
threatens the continuation of their cultures and ways of life and prevents them from being able to
genuinely participate in deciding on their own future and forms of development.’
It is on the basis of uncertainty in the legal and policy framework that indigenous communities
such as the Endorois, Ogiek and Sengwer continue to suffer eviction from their ancestral land. It
1 I Brownlie Treaties and indigenous peoples (1992) 56.
2 See art 1 ILO’s Indigenous and Tribal Peoples Convention, 1989 (169); see also Report of the African
Commission’s Working Group of Experts on Indigenous Populations/Communities, submitted in
accordance with the ‘Resolution on the Rights of Indigenous Populations/Communities in Afric a’ (Report
of African Commission’s Working Group of Experts) adopted by the African Commission on Human and
Peoples’ Rights at its 28th Ordinary Session, 2005, 93.
3 practicesJanetPritchard,Feja Lesniewska,Tom Lomax, Saskia Ozinga and Cynthia Morel,Securing
community landand resourcerights in Africa:A guide to legal reform and best practices
4 IUCN – International Union for Conservation of Nature Submission to the 10
th
Session of the United Nations
Permanent Forum on Indigenous Issues New York City, 16 – 27 May 2011
2. has been observed that the broad conceptualisation of public land under the Constitution may
contribute to severe tensions between the interests of some minority communities and
conservation efforts of government In addition, some of the laws that may be used to bar
indigenous communities from inhabiting or accessing their ancestral land.5
The Kenyan government has acknowledged that issues of minorities (this is the term Kenya
seems to prefer to address indigenous peoples’ issues) are closely linked to land rights and
claims that it is taking proactive measures to address these issues.6 However, it has been noted
that ‘Kenya is faced with landlessness on a large scale and with recurrent land disputes among
individuals and between communities’.7 Land in Kenya is an emotional issue due to the
inequality in ownership and the history of dispossessions of indigenous peoples by some
mainstream communities with the support of the colonial and post-colonial regimes. This has
resulted in resource-based conflicts, mainly due to the ‘politicization of land ownership and land
rights, arbitrary allocation of community land, scarcity of land for pasture and crop farming,
struggle for access to and use of water resources, and depletion of limited water’.8
Kenya’s new Constitution is a progressive document that aims to address the failed legal and
moral systems created by earlier colonial and postcolonial regimes. The country’s previous
constitutional order alienated most citizens from the state, but minority and indigenous
communities have borne the brunt of this exclusion.9 Further, this system reproduced and
strengthened differences between Kenya’s diverse groups – mainly ethnic and religious – rather
than building a pluralistic society that tolerates all shades of diversity based on equality before
the law.
How people own and manage land and natural resources is defined and regulated by land and
resource tenure systems. Land tenure systems may be based on written policies and laws,
5
Mbondenyi, M, Human rights and democraticgovernancein Kenya:A post-2007 appraisal
6 As above, para 213; discussions with officials of the Ministry of Justice, National Cohesion and
Constitutional development in September 2008.
7 APRM Report .
8 See Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of
indigenous peoples,R Stavenhagen, Mission to Kenya, A/HRC/4/32/Add3, 26 February 2007 (Report of the UN
Special Rapporteur on Indigenous Peoples in Kenya) para 10; see also IWGIA 468.
9
Bondi D. Ogolla & John Mugabe, Land Tenure Systems and Natural Resource Management,in IN LAND
WE TRUST: ENVIRONMENT, PRIVATE PROPERTY AND CONSTITUTIONAL CHANGE 85
(Calestous Juma & J.B. Ojwang, eds., Nairobi: Initiatives Publishers, 1996).
3. unwritten customs and practices or a mixture of both. Land tenure systems determine who can
own, use and manage which land areas and resources, for how long and under what conditions.
Land tenure security guarantees the existence of your land rights, provides certainty that others
will recognise your rights and ensures protection of your rights through legal remedies when
those rights are challenged or abused.10 Tenure security provides landowners and users with
confidence that they will not be arbitrarily deprived of their rights over particular lands and
resources. Clear and secure land tenure is fundamental for improving livelihoods and sustainable
management of natural resources, including forests. Inadequate or insecure community tenure
rights can lead to conflict and environmental degradation when competing users fight for control
over these resources.11
Article 27 of ICCPR has been interpreted by the UN Human Rights Committee so as to give
meaning to indigenous peoples’ land and resource rights.12 The state is therefore obliged to give
effect to its international law obligations which include ensuring that its legal framework is in
consonance with international standards as expounded by the Committees’ General Comments.
However, Kenya is yet to address some of the concerns of indigenous peoples with regard to
their land and resource rights, including the issue of consultation in the utilisation and sharing of
resources present in the areas they inhabit.13
The National Land Commission should hasten the process of recovering illegally or irregularly
acquired land, especially where indigenous peoples are concerned.14 The UN Special Rapporteur
had also proposed that illegal and irregular titles on ancestral land of indigenous peoples be
revoked or rectified, which would include restitution of the land or compensation.15 In that
10
Bondi D. Ogolla & John Mugabe, Land Tenure Systems and Natural Resource Management,in IN LAND
WE TRUST: ENVIRONMENT, PRIVATE PROPERTY AND CONSTITUTIONAL CHANGE 85
(Calestous Juma & J.B. Ojwang, eds., Nairobi: Initiatives Publishers, 1996).(see 9 above)
11 Ibid 0
12 See Chief Bernard Ominayak and the Lubicon Lake Band v Canada (n 145 above) paras 32-33; see also UN
Human Rights Committee General Comment 23(50): The Rights of Minorities (Article 27) UN Doc.
CCPR/C/21/Rev.1/Add.5 (Apr. 6, 1994) paras. 6-7.
13
See, e.g., J.M. Migai Akech, Rescuing Indigenous Tenure from the Ghetto of Neglect: Inalienability and
the Protection of Customary Land Rights in Kenya, ACTS Ecopolicy Series No. 11 (2001).
14
Truth JusticeandReconciliationCommission‘Report of the Truth, Justiceand
ReconciliationCommission: Volume IV’ 201355.
15 UnitedNations General Assembly
4. regard, the Kenyan Government should provide remedies for indigenous peoples in the form of
restitution or compensation where they were dispossessed of their land without free, prior and
informed consent. The government should, therefore, implement the 2010 declaration of the
African Commission in the Endorois case.16 Where feasible, restitution of the indigenous peoples
to their ancestral land should be the primary objective of any legal or policy framework to
address historical injustices concerning such communities.
The reality in African countries is legal pluralism, in which customary laws co-exist with
national law and international law, all with implications for community rights to own, use and
access land and resources. Land tenure systems should therefore be based on the realities of
communities on the ground.17 Rather than inventing theoretical new legal frameworks or
borrowing legal models from western nations, lawmakers should elevate existing customary land
claims up into countries’ formal legal frameworks and make customary land ownership rights
equal in weight and validity to documented land ownership claims; land tenure law should
comply with and implement overarching principles and norms, as expressed in the national
constitution as well as regional and international conventions. This entails extending to
customary communities all the protections, rights and responsibilities inherent in the national
legal system, as well as regional and international agreements to which the country has
committed.18
Rural and forest communities in Africa, including indigenous peoples, often do not have a
written deed or similar document ‘proving’ the ownership of their community/ancestral lands.
Yet they may have collectively occupied and used that land for centuries in accordance with
customary laws, justifying a legitimate ‘customary’ ownership right.19 Historically, the lack of
written proof has translated into a denial of community property rights, making their lands
vulnerable to being taken by companies, government or private individuals. However under
international law, customary ownership of community lands and resources must be recognised,
16
African Court on Human and Peoples’ Rights ‘African Court in brief ’ http://www. african-
court.org/en/index.php/about-the- court/brief-history.For the caseconcerningthe Ogiek indigenous
community, see, African Commission on Human and Peoples’ Rights
17 See 5 above
18 Ibid 17
19 S. James Anaya, Report of the Special Rapporteur on the situation of human rights
and fundamental freedoms of indigenous people: 11 August 2008
5. respected and protected by States. International law is therefore a key tool in seeking secure
community rights.20
Eminent domain provisions included in the national laws of some countries give the State the
power to seize private property for public purposes, even without the owner’s consent. While
‘public use or purpose’ can be broadly defined, eminent domain is typically exercised for the
construction of infrastructure such as roads, power plants, utilities and public buildings. Under
section 110(1) of the Land Act, the government may compulsorily acquire land if the National
Land Commission certifies, in writing, that the land is required for public purposes or in the
public interest.21166 Section 110(1) of the Land Act implements article 40(3)(b) of the
Constitution, which identifies public purpose or public interest as one of the basis for
compulsory acquisition of land by the state.22 In addition, article 40(3)(b) of the Constitution
requires that just compensation for the acquisition be paid promptly. However, the notion that a
State can exercise its power of eminent domain according to its own will is out of step with
emerging legal standards across national, regional and international human rights law.
Articles 8(2)(b), 11(2) and 28(1) of the UNDRIP requires states to prevent or remedy
dispossessions of indigenous peoples of their land without their free, prior and informed
consent.23 The need for free, prior and informed consent before the land of the indigenous
peoples is alienated by the Kenyan Government was also expressed by the United Nations
Special Rapporteur in his 2007 Report to the UN General Assembly. However, there are
concerns that the right to be consulted translates to the right of the indigenous community to veto
a state’s economic and development activities.24
There is also the problem of identifying communities that should be categorised as ‘indigenous
peoples’. There is, therefore, the need for legislation that spells out the characteristics upon
which a group of people may be designated as such. We analize the criterion that is emerging
under international instruments, and through the work of international courts and
20 Indigenous peoples in Africa:The forgotten peoples? The African Commission’s work on indigenous
peoples in Africa (The African Commission’s work on indigenous peoples in Africa) African Commission &
IWGIA (2006) 15.
21 Land act, 2012
22 Kenya constitution,2010
23 UnitedNations General Assembly
24 See 19 aove
6. intergovernmental organizations.25 Such a criterion may be incorporated in the Kenyan domestic
legislation and in the jurisprudence of local courts and tribunals. In sum, the characteristics
include unique cultures and lifestyles that are fundamentally distinct from those of the
mainstream society.
The State must ensure the effective participation of the members of the affected community
regarding any development, investment, exploration or extraction plan within their territory. It
must be possible for the communities to participate in a manner that is consistent with their
customs and traditions, for example, holding local community meetings rather than formal
meetings in city centers. It also means that communities should be actively involved in
determining the pace of the process and related timelines.26
Effective institutionalization of participatory forest management involving indigenous
communities requires comprehensive legal and policy reforms. Amendments should, therefore,
be carried out to the relevant statutes, such as the Forests Act, so that they facilitate rather than
obstruct access to land based resources by indigenous communities in their traditional territories.
Courts and tribunals in Kenya also have a significant role in developing progressive
jurisprudence with regard to the rights and responsibilities of indigenous peoples in relation to
land based resources such as forests.27 In particular, courts and tribunals should interpret the
2010 Constitution and statutes in a manner that is consistent with developments under
international instruments, and be cautious not to permit the subjugation of customary rights by
those that arise from public and private tenure systems.
Emphasis that community members should be able to access a complaint dispute mechanism that
is accessible in terms of language and location and that is otherwise familiar to them.28
Therefore, the first point of access for bringing and resolving complaints about violations of land
rights should be provided at the local level and adapted from familiar customary dispute
mechanisms, preferably based on existing customary dispute mechanisms where they exist and
are fair and functional. It is important that these decisions can be appealed all the way up to the
highest court in the country to ensure ‘upward accountability’ of customary authorities,
particularly in relation to their compliance with core principles.
25 Ibid 5
26 Country reports Kenya. Sourced from Institute of Security Studies
<http://www.issafrica.org/AF/profiles/kenya/Economy.html> (accessed 6 November 2015).
27 ibid 25
28 See generally YP Ghai and JPWB MacAuslan PublicLaw and Political Change in Kenya (1970) 3-25
7. The UN Committee on Economic Social and Cultural Rights has noted with concern that
‘disparities in the enjoyment of economic, social and cultural rights, including access to land,
have led to inter-ethnic tensions and post-election violence during which at least 1,500 persons
were killed early in 2008’. 29 The Committee recommends that Kenya address these disparities
‘… which particularly affect poor people in urban areas and minority and communities in rural
areas, eg by adopting the Draft National Land Policy, establishing land inspectorates to monitor
discriminatory allocation of land, and implementing the recommendations of the Ndung’u
Commission of Inquiry into Illegal/Irregular Allocation of Public Land’.30
29 See Concluding observations of ECOSOC Committee para 12.
30 See Concluding observations of ECOSOC Committee para 12.