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Taking on existing interpretations of "Peruvian exceptionalism," this book presents a multi-sited ethnographic exploration of the local and transnational articulations of indigenous movements, multicultural development policies, and indigenous citizenship in Peru.
Indigenous Citizens challenges the commonly held assumption that early nineteenth-century Mexican state-building was a failure of liberalism. By comparing the experiences of two Mexican states, Oaxaca and Yucatán, Caplan shows how the institutions and ideas associated with liberalism became deeply entrenched in Mexico's regions, but only on locally acceptable terms. Faced with the common challenge of incorporating new institutions into political life, Mexicans—be they indigenous villagers, government officials, or local elites—negotiated ways to make those institutions compatible with a range of local interests. Although Oaxaca and Yucatán both had large indigenous majorities, the local liberalisms they constructed incorporated indigenous people differently as citizens. As a result, Oaxaca experienced relative social peace throughout this era, while Yucatán exploded with indigenous rebellion beginning in 1847. This book puts the interaction between local and national liberalisms at the center of the narrative of Mexico's nineteenth century. It suggests that "liberalism" must be understood not as an overarching system imposed on the Mexican nation but rather as a set of guiding assumptions and institutions that Mexicans put to use in locally specific ways.
This groundbreaking volume describes unprecedented changes in education across Latin America, resulting from the endorsement of Indigenous peoples' rights through the development of intercultural bilingual education. The chapters evaluate the ways in which cultural and language differences are being used to create national policies that affirm the presence of Indigenous peoples and their cultures within Mexico, Ecuador, Peru, Bolivia and Guatemala. Describing the collaboration between grassroots movements and transnational networks, the authors analyze how social change is taking place at the local and regional levels, and they present case studies that illuminate the expansion of intercultural bilingual education. This book is both a call to action for researchers, teachers, policy-makers and Indigenous leaders, and a primer for practitioners seeking to provide better learning opportunities for a diverse student body.
Indigenous Nationals/Canadian Citizens begins with a detailed policy history from first contact to the Sesquicentennial with major emphasis on the evolution of Canadian policy initiatives relating to Indigenous peoples. This is followed by a focus on the
This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.
Leading commentators from a range of disciplines consider the history and future of indigenous rights.
Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
‘Education is the most powerful weapon which you can use to change the world.’ Nelson Mandela Education for all is a goal that has been reaffirmed by states the world over many times in the last decade. It is meant to be achieved by 2015. But as this book clearly shows, a quality education is not reaching the world’s most vulnerable communities: minorities and indigenous peoples.In Central Africa, the great majority of indigenous Batwa and Baka have not had access even to primary education. In South Asia, Dalit girls are prevented from pursuing their education not just because of poverty, but through discrimination and sexual violence. In many countries in Europe, Roma children continue to be placed in segregated classes or in special schools for those with learning disabilities, just because of their ethnicity. In Latin America, millions of indigenous and African descendant children, instead of being in school, work in fields and plantations, in the mines, or at home.In a unique collaboration with UNICEF, Minority Rights Group International reports on what minority and indigenous children around the world face in their struggle to learn. State of the World’s Minorities and Indigenous Peoples 2009 profiles the programmes that are being developed to help them – from better bilingual education to meeting the needs of nomadic populations – giving examples of what works and why. It describes efforts to overcome exclusion so that education is available, accessible, acceptable and adaptable for minorities and indigenous peoples, and shows how far there is still to go.It includes: - An analysis of available statistics that show that minorities and indigenous peoples are the most likely to suffer discrimination and exclusion in education worldwide. - First-hand accounts of the difficulties and challenges facing minority and indigenous children in every major world region. - Coverage of the key issues for promoting the right to education, including overcoming the double discrimination faced by minority and indigenous girls, the need to collect data by ethnicity, and the importance of bilingual or plurilingual education. - A unique statistical analysis and ranking of Peoples under Threat 2009. State of the World’s Minorities and Indigenous Peoples is an invaluable reference for policy makers, academics, journalists and everyone who is interested in the conditions facing minorities and indigenous peoples around the world.