Kategoria BISAC: Law >> Indigenous Peoples

"A newly discovered document sheds light on Indian self-governance"

Felix Cohen (1907-1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His "Basic Memorandum on Drafting of Tribal Constitutions," submitted in November 1934, provided practical guidelines for that effort.

Largely forgotten until Cohen's papers were released more than half a...

Landing Native Fisheries reveals the contradictions and consequences of an Indian land policy premised on access to fish, on one hand, and a program of fisheries management intended to open the resource to newcomers, on the other. Beginning with the first treaties signed on Vancouver Island between 1850 and 1854, Douglas Harris maps the connections between the colonial land policy and the law governing the fisheries. In so doing, Harris rewrites the history of colonial dispossession in British Columbia, offering a new and nuanced examination of the role of law in the consolidation...

Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them. This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines...

For the Gitksan and Witsuwit?en peoples of northwest British Columbia, the land is invested with meaning that goes beyond simple notions of property or sustenance. Considered both a food box and a storage box of history and wealth, the land plays a central role in their culture, survival, history, and identity. In Our Box Was Full, Richard Daly explores the centrality of this notion in the determination of Aboriginal rights with particular reference to the landmark Delgamuukw case that occupied the British Columbia courts from 1987 to 1997.

Called as an expert witness for the...

Indigenous People, Crime and Punishment examines criminal sentencing courts' changing characterisations of Indigenous peoples' identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More...

Since Justin Trudeau's election in 2015, Canada has been hailed internationally as embarking on a truly progressive, post-postcolonial era--including an improved relationship between the state and its Indigenous peoples. Shiri Pasternak corrects this misconception, showing that colonialism is very much alive in Canada. From the perspective of Indigenous law and jurisdiction, she tells the story of the Algonquins of Barriere Lake, in western Quebec, and their tireless resistance to federal land claims policy.

Grounded Authority chronicles the band's ongoing attempts to restore...

Since Justin Trudeau's election in 2015, Canada has been hailed internationally as embarking on a truly progressive, post-postcolonial era--including an improved relationship between the state and its Indigenous peoples. Shiri Pasternak corrects this misconception, showing that colonialism is very much alive in Canada. From the perspective of Indigenous law and jurisdiction, she tells the story of the Algonquins of Barriere Lake, in western Quebec, and their tireless resistance to federal land claims policy.

Grounded Authority chronicles the band's ongoing attempts to restore...

Delgamuukw. Mabo. Ngati Apa. These cases and others have in recent years created a framework for litigating Aboriginal title in countries such as Canada, Australia, and New Zealand. The contributors to this path-breaking book argue that our understanding of where the concept of Aboriginal title came from - and where it may be going - can also be enhanced by exploring legal developments in these former British settler colonies in a comparative and multidisciplinary framework.

Aboriginal Title and Indigenous Peoples brings together a distinguished group of scholars who trace how...

..". a solid contribution to the understanding of the relationship between Amazonian notions and contemporary international legal concepts of human rights ... (that) could become a reference text to be used in similar negotiations with other indigenous peoples." - L. E. Belaunde, University of Durham

The Arakmbut are an indigenous people who live in the Madre de Dios region of the southeastern Peruvian rain forest. Since their first encounters with missionaries in the 1950s, they have shown resilience and a determination to affirm their identity in the face of many difficulties. During...