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'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.
Climate change presents a profound challenge to food security and sustainable development in Africa. Its negative impacts are likely to be greatest in the African region, which is already food insecure. In the face of global climate change and its emerging challenges and unknowns, it is essential that decision makers base policies on the best available knowledge. In recent years, the knowledge of local and indigenous people, often referred to as indigenous knowledge (IK) has been increasingly recognised as an important source of climate knowledge and adaptation strategies.
This unique transdisciplinary publication is the result of collaboration between UNESCO's Local and Indigenous Knowledge Systems (LINKS) programme, the United Nations University's Traditional Knowledge Initiative, the IPCC, and other organisations
The international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), will have a major impact on indigenous peoples and forest communities. The REDD+ regime contains many assumptions about the identity, tenure and rights of indigenous and local communities who inhabit, use or claim rights to forested lands. The authors bring together expert analysis of public international law, climate change treaties, property law, human rights and indigenous customary land tenure to provide a systemic account of the laws governing forest carbon sequestration and their interaction. Their work covers recent developments in climate change law, including the Agreement from the Conference of the Parties in Paris that came into force in 2016. The Impact of Climate Change Mitigation on Indigenous and Forest Communities is a rich and much-needed new contribution to contemporary understanding of this topic.
This book addresses the social implications of climate change and climatic variability on indigenous peoples and communities living in the highlands, lowlands, and coastal areas of Latin America and the Caribbean. Across the region, indigenous people already perceive and experience negative effects of climate change and variability. Many indigenous communities find it difficult to adapt in a culturally sustainable manner. In fact, indigenous peoples often blame themselves for the changes they observe in nature, despite their limited emission of green house gasses. Not only is the viability of their livelihoods threatened, resulting in food insecurity and poor health, but also their cultural integrity is being challenged, eroding the confidence in solutions provided by traditional institutions and authorities. The book is based on field research among indigenous communities in three major eco-geographical regions: the Amazon; the Andes and Sub-Andes; and the Caribbean and Mesoamerica. It finds major inter-regional differences in the impacts observed between areas prone to rapid- and slow-onset natural hazards. In Mesoamerican and the Caribbean, increasingly severe storms and hurricanes damage infrastructure and property, and even cause loss of land, reducing access to livelihood resources. In the Columbian Amazon, changes in precipitation and seasonality have direct immediate effects on livelihoods and health, as crops often fail and the reproduction of fish stock is threatened by changes in the river ebb and flow. In the Andean region, water scarcity for crops and livestock, erosion of ecosystems and changes in biodiversity threatens food security, both within indigenous villages and among populations who depend on indigenous agriculture, causing widespread migration to already crowded urban areas. The study aims to increase understanding on the complexity of how indigenous communities are impacted by climate change and the options for improving their resilience and adaptability to these phenomena. The goal is to improve indigenous peoples rights and opportunities in climate change adaptation, and guide efforts to design effective and sustainable adaptation initiatives.
Situating Māori Ecological Knowledge (MEK) within traditional environmental knowledge (TEK) frameworks, this book recognizes that indigenous ecological knowledge contributes to our understanding of how we live in our world (our world views), and in turn, the ways in which humans adapt to climate change. As an industrialized nation, Aotearoa/New Zealand (A/NZ) has responsibilities and obligations to other Pacific dwellers, including its indigenous populations. In this context, this book seeks to discuss how A/NZ can benefit from the wider Pacific strategies already in place; how to meet its global obligations to reducing GHG; and how A/NZ can utilize MEK to achieve substantial inroads into adaptation strategies and practices. In all respects, Māori tribal groups here are well-placed to be key players in adaptation strategies, policies, and practices that are referenced through Māori/Iwi traditional knowledge.
Chapter 5: Land Rights
This volume clearly distinguishes Indigenous environmental justice (IEJ) from the broader idea of environmental justice (EJ) while offering detailed examples from recent history of environmental injustices that have occurred in Indian Country. With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying land held in a place of exceptional reverence for Indigenous peoples. With focused essays on important topics such as the uranium mining on Navajo and Hopi lands, the Dakota Access Pipeline dispute on the Standing Rock Indian Reservation, environmental cleanup efforts in Alaska, and many other pertinent examples, this volume offers a timely view of the environmental devastation that occurs in Indian Country. It also serves to emphasize the importance of self-determination and sovereignty in victories of Indigenous environmental justice. The book explores the ongoing effects of colonization and emphasizes Native American tribes as governments rather than ethnic minorities. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed and state indifference.