By Jayantha Perera (editor)
ISBN-10: 9715618014
ISBN-13: 9789715618014
Read or Download Land and Cultural Survival: The Communal Land Rights of Indigenous Peoples in Asia PDF
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Additional resources for Land and Cultural Survival: The Communal Land Rights of Indigenous Peoples in Asia
Sample text
Environmental information” is very broadly defined and includes information concerning the physical elements of the environment, such as water and biological diversity, as well as information about activities, administrative measures, agreements, policies, legislation, plans, and programs likely to affect the environment, human health, safety, or conditions of life. Following Principle 10 of the Rio Declaration, Article 9 of the Aarhus Convention also makes general provisions for access to justice to challenge breaches of national law relating to the environment.
The right to use land is particularly important for indigenous peoples’ survival as distinct cultural entities, as a state could accommodate use rights of groups of people without getting entangled in the question of territorial sovereignty. During the past several decades, indigenous peoples have demonstrated that they would not accept the right to use ancestral land as the final target of their struggle for self-determination. In demanding the right to own ancestral land, however, the stress is on collective ownership rights.
17 Another key element of the definition of indigenous peoples is “the dimension of a relationship of dispossession or subordination in relation to another group that arrived later” (Scheinin 2005). 1b). Eminent Domain and Indigenous Peoples’ Rights Territorial rights claimed by indigenous peoples could clash with the “eminent domain” right of a modern state. The state may allocate large tracts of land within its territory for development programs that would involve exploration and exploitation of natural resources such as minerals and water sources.
Land and Cultural Survival: The Communal Land Rights of Indigenous Peoples in Asia by Jayantha Perera (editor)
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