State of the World’s Minorities and Indigenous Peoples 2013


Book Description

In almost every country in the world, minorities and indigenous peoples suffer greater ill-health and receive poorer quality of care than other segments of the population. They die younger, face higher rates of disease and struggle more to access health services compared to the rest of the population. This year's edition of State of the World's Minorities and Indigenous Peoples presents a global picture of the health issues experienced by minorities and indegenous communities, features country profiles and case studies, and makes recommendations for addressing these key issues.




Unwritten Rule


Book Description

In 2012, Cambodia—an epicenter of violent land grabbing—announced a bold new initiative to develop land redistribution efforts inside agribusiness concessions. Alice Beban's Unwritten Rule focuses on this land reform to understand the larger nature of democracy in Cambodia. Beban contends that the national land-titling program, the so-called leopard skin land reform, was first and foremost a political campaign orchestrated by the world's longest-serving prime minister, Hun Sen. The reform aimed to secure the loyalty of rural voters, produce "modern" farmers, and wrest control over land distribution from local officials. Through ambiguous legal directives and unwritten rules guiding the allocation of land, the government fostered uncertainty and fear within local communities. Unwritten Rule gives pause both to celebratory claims that land reform will enable land tenure security, and to critical claims that land reform will enmesh rural people more tightly in state bureaucracies and create a fiscally legible landscape. Instead, Beban argues that the extension of formal property rights strengthened the very patronage-based politics that Western development agencies hope to subvert.




Civilizing the Margins


Book Description

Discusses the programs, policies, and laws that affect ethnic minorities in eight countries: Burma, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Thailand, and Viet Nam. Once targeted for intervention, people such as the Orang Asli of Malaysia and the "hill tribes" of Thailand often become the subject of programs aimed at radically changing their lifestyles, which the government views as backward or primitive. Several chapters highlight the tragic consequences of forced resettlement, a common result of these programs.




State of the World’s Minorities and Indigenous Peoples 2014


Book Description

Across the world, minorities and indigenous peoples are disproportionately exposed to hatred. From intimidation and verbal abuse to targeted violence and mass killing, this hatred often reflects and reinforces existing patterns of exclusion. The impacts also extend beyond the immediate effects on individual victims to affect entire communities - in the process further marginalizing them from basic services, participation and other rights. This year's edition of State of the World's Minorities and Indigenous Peoples highlights how hate speech and hate crime, though frequently unreported or unacknowledged, continue to impact on every aspect of their lives. The volume also documents many of the initiatives being taken to promote positive change and the different ways that governments, civil society and communities can strengthen protections for minorities and indigenous peoples. An exploration of key issues such as hate crime and hate speech, as well as ways to counter their prevalence. The dynamics of targeted attacks and hate speech in conflict situations, as well as the particular vulnerability of minority and indigenous women. A global examination of the legal standards in the area of hate crime legislation. Interviews and case studies from minorities and indigenous communities, including examples of grassroots organizations working to improve their protection and representation. Overviews of the human rights context for minorities and indigenous peoples in every major world region. Peoples under Threat 2014 - MRG's unique statistical analysis and ranking of the vulnerability of minorities and indigenous peoples worldwide. An invaluable reference for policy makers, academics, journalists and everyone who is interested in the human rights situation of minorities and indigenous peoples around the world.




The Global Land Grab


Book Description

The last two years have seen a huge amount of academic, policy-making and media interest in the increasingly contentious issue of land grabbing - the large-scale acquisition of land in the global South. It is a phenomenon against which locals seem defenceless, and one about which multilateral organizations, such as the World Bank, as well as civil-society organizations and action NGOs have become increasingly vocal. This in-depth and empirically diverse volume - taking in case studies from across Africa, Asia and Latin America - takes a step back from the hype to explore a number of key questions: Does the ‘global land grab’ actually exist? If so, what is new about it? And what, beyond the immediately visible dynamics and practices, are the real problems? A comprehensive and much-needed intervention on one of the most hotly contested but little-understood issues facing countries of the South today.




Land Rights of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh


Book Description

Little is know about the Chittagong Hill Tracts of Bangladesh (CHT), an area of approximately 5,089 square miles in southeastern Bangladesh. It is inhabited by indigenous peoples, including the Bawm, Sak, Chakma, Khumi Khyang, Marma, Mru, Lushai, Uchay (also called Mrung, Brong, Hill Tripura), Pankho, Tanchangya and Tripura (Tipra), numbering over half a million. Originally inhabited exclusively by indigenous peoples, the Hill Tracts has been impacted by national projects and programs with dire consequences. This book describes the struggle of the indigenous peoples of the Chittagong Hill Tracts region to regain control over their ancestral land and resource rights. From sovereign nations to the limited autonomy of today, the report details the legal basis of the land rights of the indigenous peoples and the different tools employed by successive administrations to exploit their resources and divest them of their ancestral lands and territories. The book argues that development programs need to be implemented in a culturally appropriate manner to be truly sustainable, and with the consent and participation of the peoples concerned. Otherwise, they only serve to push an already vulnerable people into greater impoverishment and hardship. The devastation wrought by large-scale dams and forestry policies cloaked as development programs is succinctly described in this report, as is the population transfer and militarization. The interaction of all these factors in the process of assimilation and integration is the background for this book, analyzed within the perspective of indigenous and national law, and complemented by international legal approaches. The book concludes with an updateon the developments since the signing of the Peace Accord between the Government of Bangladesh and the Jana Sanghati Samiti (JSS) on December 2, 1997.




The Khmer Rouge Tribunal


Book Description

"From 1975 to 1979, while Cambodia was ruled by the brutal Communist Party of Kampuchea (Khmer Rouge) regime, torture, starvation, rape, and forced labor contributed to the death of at least a fifth of the country's population. Despite the severity of these abuses, civil war and international interference prevented investigation until 2004, when protracted negotiations between the Cambodian government and the United Nations resulted in the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC), or Khmer Rouge tribunal. The resulting trials have been well scrutinized, with many scholars seeking to weigh the results of the tribunal against the extent of the offenses. Here, Bernath instead deliberately decenters the trials in an effort to understand the ECCC in its particular context-and the degree to which notions of transitional justice generally must be understood in particular social, cultural, and political contexts. She focuses on "sites of resistance" to the ECCC, including not only members of the elite political class but also citizens who do not, for a variety of tangled reasons, participate in the tribunal-and even resistance from victims of the regime and participants in the trials. Bernath demonstrates that the ECCC both shapes and is shaped by long-term contestation over Cambodia's social, economic, and political transformations, and thereby argues that transitional justice must be understood locally rather than as a homogenous good that can be implanted by international actors"--




Reparations for Indigenous Peoples


Book Description

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.




Marginalized Communities and Access to Justice


Book Description

Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.




Collective Action and Property Rights for Poverty Reduction


Book Description

To improve their well-being, the poor in developing countries have used both collective action through formal and informal groups and property rights to natural resources. Collective Action and Property Rights for Poverty Reduction: Insights from Africa and Asia examines how these two types of institutions, separately and together, influence quality of life and how they can be strengthened to improve the livelihoods of the rural poor. The product of a global research study by the Systemwide Program on Collective Action and Property Rights (CAPRi) of the Consultative Group on International Agricultural Research, this book draws on case studies from East Africa and South and Southeast Asia to investigate how collective action and property rights have contributed to poverty reduction. The book extends the analysis of these institutions beyond their frequently studied role in natural resource management by also examining how they can reduce vulnerability to different types of shocks. Essays in the volume identify opportunities and risks present in the institutions of collective action and property rights. For example, property rights to natural resources can offer a variety of advantages, providing individuals and groups not only with benefits and incomes but also with assets that can counter the negative effects of shocks such as drought, and can make collective action easier. The authors also demonstrate that collective action has the potential to reduce poverty if it includes more vulnerable groups such as women, ethnic minorities, and the very poor. Preventing exclusion of these often-marginalized groups and guaranteeing genuinely inclusive collective action might require special rules and policies. Another danger to the poor is the capture of property rights by elites, which can be the result of privatization and decentralization policies; case studies and analysis identify actions to prevent such elite capture.