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Governing Indigenous Territories illuminates a paradox of modern indigenous lives. In recent decades, native peoples from Alaska to Cameroon have sought and gained legal title to significant areas of land, not as individuals or families but as large, collective organizations. Obtaining these collective titles represents an enormous accomplishment; it also creates dramatic changes. Once an indigenous territory is legally established, other governments and organizations expect it to act as a unified political entity, making decisions on behalf of its population and managing those living within its borders. A territorial government must mediate between outsiders and a not-always-united population within a context of constantly shifting global development priorities. The people of Rukullakta, a large indigenous territory in Ecuador, have struggled to enact sovereignty since the late 1960s. Drawing broadly applicable lessons from their experiences of self-rule, Juliet S. Erazo shows how collective titling produces new expectations, obligations, and subjectivities within indigenous territories.
Governing Indigenous Territories illuminates a paradox of modern indigenous lives. In recent decades, native peoples from Alaska to Cameroon have sought and gained legal title to significant areas of land, not as individuals or families but as large, collective organizations. Obtaining these collective titles represents an enormous accomplishment; it also creates dramatic changes. Once an indigenous territory is legally established, other governments and organizations expect it to act as a unified political entity, making decisions on behalf of its population and managing those living within its borders. A territorial government must mediate between outsiders and a not-always-united population within a context of constantly shifting global development priorities. The people of Rukullakta, a large indigenous territory in Ecuador, have struggled to enact sovereignty since the late 1960s. Drawing broadly applicable lessons from their experiences of self-rule, Juliet S. Erazo shows how collective titling produces new expectations, obligations, and subjectivities within indigenous territories.
“The Earth says, God has placed me here. The Earth says that God tells me to take care of the Indians on this earth; the Earth says to the Indians that stop on the Earth, feed them right. . . . God says feed the Indians upon the earth.” —Cayuse Chief Young Chief, Walla Walla Council of 1855 America has always been Indian land. Historically and culturally, Native Americans have had a strong appreciation for the land and what it offers. After continually struggling to hold on to their land and losing millions of acres, Native Americans still have a strong and ongoing relationship to their homelands. The land holds spiritual value and offers a way of life through fishing, farming, and hunting. It remains essential—not only for subsistence but also for cultural continuity—that Native Americans regain rights to land they were promised. Beth Rose Middleton examines new and innovative ideas concerning Native land conservancies, providing advice on land trusts, collaborations, and conservation groups. Increasingly, tribes are working to protect their access to culturally important lands by collaborating with Native and non- Native conservation movements. By using private conservation partnerships to reacquire lost land, tribes can ensure the health and sustainability of vital natural resources. In particular, tribal governments are using conservation easements and land trusts to reclaim rights to lost acreage. Through the use of these and other private conservation tools, tribes are able to protect or in some cases buy back the land that was never sold but rather was taken from them. Trust in the Land sets into motion a new wave of ideas concerning land conservation. This informative book will appeal to Native and non-Native individuals and organizations interested in protecting the land as well as environmentalists and government agencies.
Reclaiming Indigenous Governance examines the efforts of Indigenous peoples in four important countries to reclaim their right to self-govern. Showcasing Native nations, this timely book presents diverse perspectives of both practitioners and researchers involved in Indigenous governance in Canada, Australia, New Zealand, and the United States (the CANZUS states). Indigenous governance is dynamic, an ongoing relationship between Indigenous peoples and settler-states. The relationship may be vigorously contested, but it is often fragile—one that ebbs and flows, where hard-won gains can be swiftly lost by the policy reversals of central governments. The legacy of colonial relationships continues to limit advances in self-government. Yet Indigenous peoples in the CANZUS countries are no strangers to setbacks, and their growing movement provides ample evidence of resilience, resourcefulness, and determination to take back control of their own destiny. Demonstrating the struggles and achievements of Indigenous peoples, the chapter authors draw on the wisdom of Indigenous leaders and others involved in rebuilding institutions for governance, strategic issues, and managing lands and resources. This volume brings together the experiences, reflections, and insights of practitioners confronting the challenges of governing, as well as researchers seeking to learn what Indigenous governing involves in these contexts. Three things emerge: the enormity of the Indigenous governance task, the creative agency of Indigenous peoples determined to pursue their own objectives, and the diverse paths they choose to reach their goal.
This book explores the obstacles facing indigenous communities, non-governmental organizations, governments, and international institutions in their attempts to protect the cultures of indigenous peoples and the world’s remaining rainforests. Indigenous peoples are essential as guardians of the world’s wild places for the maintenance of ecosystems and the prevention of climate change. The Amazonian/Andean indigenous philosophies of sumac kawsay/suma qamaña (buen vivir) were the inspiration for the incorporation of the Rights of Nature into the Ecuadorian and Bolivian constitutions of 2008 and 2009. Yet despite the creation of the United Nations Permanent Forum on Indigenous Issues (2000), and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (2007), indigenous peoples have been marginalized from intergovernmental environmental negotiations. Indigenous environment protectors’ lives are in danger while the Amazon rainforests continue to burn. By the third decade of the 21st century, the dawn of “woke” capitalism was accompanied by the expansion of ethical investment, with BlackRock leading the field in the “greening” of investment management, while Big Oil sought a career change in sustainable energy production. The final chapters explain the confluence of forces that has resulted in the continued expansion of the extractive frontier into indigenous territory in the Amazon, including areas occupied by peoples living in voluntary isolation. Among these forces are legal and extracurricular payments made to individuals, within indigenous communities and in state entities, and the use of tax havens to deposit unofficial payments made to secure public contracts. Solutions to loss of biodiversity and climate change may be found as much in the transformation of global financial and tax systems in terms of transparency and accountability, as in efforts by states, intergovernmental institutions and private foundations to protect wild areas through the designation of national parks, through climate finance, and other “sustainable” investment strategies.
Indigenous peoples, legal and other professionals have actively engaged a number of international and national legal mechanisms to achieve degees of self governance in Canada, the United States, Greenland, Denmark, Norway, New Zealand and Australia. This title presents these precedents in the ongoing effort for self governance.
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
""This passionate, well-researched book makes a compelling case for a paradigm shift in conservation practice. It explores new policies and practices, which offer alternatives to exclusionary, uninhabited national parks and wilderness areas and make possible new kinds of protected areas that recognize Indigenous peoples' rights and benefit from their knowledge and conservation contributions"--Provided by publisher"--
As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines
Perhaps no other symbol has more resonance in African American history than that of "40 acres and a mule"—the lost promise of Black reparations for slavery after the Civil War. In I've Been Here All the While, we meet the Black people who actually received this mythic 40 acres, the American settlers who coveted this land, and the Native Americans whose holdings it originated from. In nineteenth-century Indian Territory (modern-day Oklahoma), a story unfolds that ties African American and Native American history tightly together, revealing a western theatre of Civil War and Reconstruction, in which Cherokee, Choctaw, Chickasaw, Creek, and Seminole Indians, their Black slaves, and African Americans and whites from the eastern United States fought military and rhetorical battles to lay claim to land that had been taken from others. Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction. She connects debates about Black freedom and Native American citizenship to westward expansion onto Native land. As Black, white, and Native people constructed ideas of race, belonging, and national identity, this part of the West became, for a short time, the last place where Black people could escape Jim Crow, finding land and exercising political rights, until Oklahoma statehood in 1907.