Land Rights of Indigenous Peoples in South-East Asia

作者: Alexandra Xanthaki

DOI:

关键词: Fundamental rightsDevelopment economicsLinguistic rightsIndigenous and community conserved areaLand lawSociologyIndigenous rightsEconomic growthIndigenousInternational human rights lawHuman rights

摘要: [Very little has been written on indigenous rights in South-East Asia. This article attempts to address issues concerning land the region, arguing that there is a clear gap between existing situation and relevant standards of international human system. After short overview framework currently binding Asian states, analyses ownership control by peoples over matters affecting their rights. The then discusses traditional economic activities, natural resources, environmental management finally relocation compensation. In each aforementioned areas, are generally non-existent or very weak. Even occasions when national legislation recognised strong rights, lack political motivation properly enforce these impedes full realisation. demonstrates this inadequacy inconsistent with prohibition discrimination, protection minority cultures more specifically as instruments, interpreted bodies transferred into practices.] CONTENTS I Introduction II General Framework III Collective Ownership Possession IV Consultation Participation V Traditional Activities Natural Resources VI Relocation VII Restitution Compensation VIII Conclusions INTRODUCTION Recent reports suggest Asia face serious problems, some which endanger survival rapidly changing environment. (1) Despite gravity peoples' situation, have attracted relatively interest from legal community. Voices Australia, New Zealand North America prominent within transnational movement. Although perspectives given voice needs similar those other regions, virtue prominence they also muffled voices counterparts. These do not pierce global consciousness same force--few groups had means maintain active involvement arena put claims agenda. At time, states consistently abstain participating fora monitoring issues. For instance, United Nations treaty-based repeatedly reprimanded for submitting required reports. (2) Likewise, vocal UN debates (3) reluctance become directly involved leads limited availability credible information regarding importantly, discussion about territories. shed light Asia, namely Burma, Cambodia, Indonesia, Laos, Malaysia, Philippines, Taiwan, Thailand Vietnam. broad geographical focus runs risk making generalisations, research shown disputes constitute fundamental concern all region. Projects implemented corporations pose main threat continuing lands. Developing welcome willing cooperate them, even at expense environment local populations, because view further advance own country's development. …

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