Land, Indigenous Peoples and Conflict


Book Description

Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.




Mining, the Environment, and Indigenous Development Conflicts


Book Description

From sun-baked Black Mesa to the icy coast of Labrador, native lands for decades have endured mining ventures that have only lately been subject to environmental laws and a recognition of treaty rights. Yet conflicts surrounding mining development and indigenous peoples continue to challenge policy-makers. This book gets to the heart of resource conflicts and environmental impact assessment by asking why indigenous communities support environmental causes in some cases of mining development but not in others. Saleem Ali examines environmental conflicts between mining companies and indigenous communities and with rare objectivity offers a comparative study of the factors leading to those conflicts. Mining, the Environment, and Indigenous Development Conflicts presents four cases from the United States and Canada: the Navajos and Hopis with Peabody Coal in Arizona; the Chippewas with the Crandon Mine proposal in Wisconsin; the Chipewyan Inuits, Déné and Cree with Cameco in Saskatchewan; and the Innu and Inuits with Inco in Labrador. These cases exemplify different historical relationships with government and industry and provide an instance of high and low levels of Native resistance in each country. Through these cases, Ali analyzes why and under what circumstances tribes agree to negotiated mining agreements on their lands, and why some negotiations are successful and others not. Ali challenges conventional theories of conflict based on economic or environmental cost-benefit analysis, which do not fully capture the dynamics of resistance. He proposes that the underlying issue has less to do with environmental concerns than with sovereignty, which often complicates relationships between tribes and environmental organizations. Activist groups, he observes, fail to understand such tribal concerns and often have problems working with tribes on issues where they may presume a common environmental interest. This book goes beyond popular perceptions of environmentalism to provide a detailed picture of how and when the concerns of industry, society, and tribal governments may converge and when they conflict. As demands for domestic energy exploration increase, it offers clear guidance for such endeavors when native lands are involved.




Reclaiming Balance


Book Description




Land, Indigenous Peoples and Conflict


Book Description

Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.




Huichol Territory and the Mexican Nation


Book Description

The Huichol (Wixarika) people claim a vast expanse of Mexico’s western Sierra Madre and northern highlands as a territory called kiekari, which includes parts of the states of Nayarit, Jalisco, Durango, Zacatecas, and San Luis Potosí. This territory forms the heart of their economic and spiritual lives. But indigenous land struggle is a central fact of Mexican history, and in this fascinating new work Paul Liffman expands our understanding of it. Drawing on contemporary anthropological theory, he explains how Huichols assert their sovereign rights to collectively own the 1,500 square miles they inhabit and to practice rituals across the 35,000 square miles where their access is challenged. Liffman places current access claims in historical perspective, tracing Huichol communities’ long-term efforts to redress the inequitable access to land and other resources that their neighbors and the state have imposed on them. Liffman writes that “the cultural grounds for territorial claims were what the people I wanted to study wanted me to work on.” Based on six years of collaboration with a land-rights organization, interviews, and participant observation in meetings, ceremonies, and extended stays on remote rancherías, Huichol Territory and the Mexican Nation analyzes the sites where people define Huichol territory. The book’s innovative structure echoes Huichols’ own approach to knowledge and examines the nation and state, not just the community. Liffman’s local, regional, and national perspective informs every chapter and expands the toolkit for researchers working with indigenous communities. By describing Huichols’ ceremonially based placemaking to build a theory of “historical territoriality,” he raises provocative questions about what “place” means for native peoples worldwide.




Allotment Stories


Book Description

More than two dozen stories of Indigenous resistance to the privatization and allotment of Indigenous lands Land privatization has been a longstanding and ongoing settler colonial process separating Indigenous peoples from their traditional homelands, with devastating consequences. Allotment Stories delves into this conflict, creating a complex conversation out of narratives of Indigenous communities resisting allotment and other dispossessive land schemes. From the use of homesteading by nineteenth-century Anishinaabe women to maintain their independence to the role that roads have played in expropriating Guam’s Indigenous heritage to the links between land loss and genocide in California, Allotment Stories collects more than two dozen chronicles of white imperialism and Indigenous resistance. Ranging from the historical to the contemporary and grappling with Indigenous land struggles around the globe, these narratives showcase both scholarly and creative forms of expression, constructing a multifaceted book of diverse disciplinary perspectives. Allotment Stories highlights how Indigenous peoples have consistently used creativity to sustain collective ties, kinship relations, and cultural commitments in the face of privatization. At once informing readers while provoking them toward further research into Indigenous resilience, this collection pieces back together some of what the forces of allotment have tried to tear apart. Contributors: Jennifer Adese, U of Toronto Mississauga; Megan Baker, U of California, Los Angeles; William Bauer Jr., U of Nevada, Las Vegas; Christine Taitano DeLisle, U of Minnesota–Twin Cities; Vicente M. Diaz, U of Minnesota–Twin Cities; Sarah Biscarra Dilley, U of California, Davis; Marilyn Dumont, U of Alberta; Munir Fakher Eldin, Birzeit U, Palestine; Nick Estes, U of New Mexico; Pauliina Feodoroff; Susan E. Gray, Arizona State U; J. Kēhaulani Kauanui, Wesleyan U; Rauna Kuokkanen, U of Lapland and U of Toronto; Sheryl R. Lightfoot, U of British Columbia; Kelly McDonough, U of Texas at Austin; Ruby Hansen Murray; Tero Mustonen, U of Eastern Finland; Darren O’Toole, U of Ottawa; Shiri Pasternak, Ryerson U; Dione Payne, Te Whare Wānaka o Aoraki–Lincoln U; Joseph M. Pierce, Stony Brook U; Khal Schneider, California State U, Sacramento; Argelia Segovia Liga, Colegio de Michoacán; Leanne Betasamosake Simpson; Jameson R. Sweet, Rutgers U; Michael P. Taylor, Brigham Young U; Candessa Tehee, Northeastern State U; Benjamin Hugh Velaise, Google American Indian Network.




Land Conflicts in Southeast Asia


Book Description

This material was originally published as three chapters in the book (now out of print) of the same name. The book examines a representative range of conflicts of land and resources in Southeast Asia, and standards and laws that the international community has devised which could be relevant to their resolution. It emphasises in particular relevant standards concerning human rights and environmental protection. This excerpt contains the Introduction, the chapter by Catherine Iorns on international law, and the book's Conclusion. The Introduction outlines the then current conflicts over land and resources in Southeast Asia, factors which lead to their internationalisation, the relevance of international laws, and the analytical framework that the various contributors in the book use in order to discuss the conflict case studies. The chapter on international law outlines the international legal framework in relation to ownership and use of land and resources within states. It discusses state sovereignty and limitations on it that are relevant to the matters raised in the book. It discusses the rights of indigenous peoples to land and resources, as conflict over these was a feature common to several of the case studies. It also discusses relevant aspects of international environmental law. The Conclusion utilises the analytical framework to make comments across the case studies about the levels at which disputes arise and the use of international dispute resolution mechanisms. It makes comments about the relevance and utility of international law for such disputes. And it makes suggestions for non-violent action at national and international levels for prevention and resolution of such domestic conflicts.




Conflict in Caledonia


Book Description

On 28 February 2006, the Six Nations of the Grand River blocked workers from entering a half-built housing development in southern Ontario. They renamed the land Kanonhstaton, “the protected place.” The protest drew national and international attention to the issue of Aboriginal land rights and sparked a series of ongoing events known as the “Caledonia Crisis.” Laura DeVries’ powerful account of the dispute links the actions of police, governmental officials, and locals to entrenched non-Aboriginal discourses about law, landscape, and identity. It encourages non-Aboriginal Canadians to reconsider their assumptions – to view “facts” such as the rule of law as culturally specific notions that prevent truly equitable dialogue. DeVries not only reveals the conflicting visions of justice held by various parties to the dispute, she also seeks out possible solutions in alternative conceptualizations of sovereignty over land and law embedded in the Constitution.




Indigenous Peoples and Real Estate Valuation


Book Description

Sponsored by the American Real Estate Society (ARES), Indigenous Peoples and Real Estate Valuation addresses a wide variety of timely issues relating to property ownership, rights, and use, including: ancestral burial, historical record of occupancy, treaty implementation problems, eminent domain, the effects of large governmental change, financing projects under formal and informal title or deed document systems, exclusive ownership vs. non-exclusive use rights, public land ownership, tribal or family land claims, insurgency and war, legal systems of ownership, prior government expropriation of lands, moral obligation to indigenous peoples, colonial occupation, and common land leases. These issues can also be broadly grouped into topics, such as conflict between indigenous and western property rights, communal land ownership, land transfer by force, legacy issues related to past colonization and apartheid, and metaphysical/indigenous land value.




Peacebuilding and the Rights of Indigenous Peoples


Book Description

This book analyses efforts to advance the rights of Indigenous People within peace-building frameworks: Section I critically explores key issues concerning Indigenous Peoples’ Rights (struggles for land, human, cultural, civil, legal and constitutional rights) in connection with key approaches in peace-building (such as nonviolence, non-violent strategic action, peace education, sustainability, gender equality, cultures of peace, and environmental protection). Section II examines indigenous leaders and movements using peace and non-violent strategies, while Section III presents case studies on the successes and failures of peace perspectives regarding contributions to/ developments in/ advancement of/ barriers to the rights of Indigenous Peoples. Lastly, Section IV investigates what advances have been achieved in Universal Indigenous Peoples’ Rights in the 21st century within the context of sustainable peace.