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Journal articles on the topic 'Indigenous peoples Indigenous peoples Criminal justice'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Cunneen, Chris, and Juan Marcellus Tauri. "Indigenous Peoples, Criminology, and Criminal Justice." Annual Review of Criminology 2, no. 1 (2019): 359–81. http://dx.doi.org/10.1146/annurev-criminol-011518-024630.

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This review provides a critical overview of Indigenous peoples’ interactions with criminal justice systems. It focuses on the experiences of Indigenous peoples residing in the four major Anglo-settler-colonial jurisdictions of Australia, New Zealand, Canada, and the United States. The review is built around a number of key arguments, including that centuries of colonization have left Indigenous peoples across all four jurisdictions in a position of profound social, economic, and political marginalization; that the colonial project, especially the socioeconomic marginalization resulting from it

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Tubex, Hilde. "Throughcare for Indigenous Peoples Leaving Prison." Decolonization of Criminology and Justice 3, no. 1 (2021): 82–91. http://dx.doi.org/10.24135/dcj.v3i1.37.

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The concept of throughcare for Indigenous peoples leaving prison has attracted a lot of attention in Australia over the last couple of years. The reason for this is the ongoing overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system and, more particularly, in prison. Recent approaches to address this overrepresentation are focusing on the back end of the criminal justice process, investigating reintegration needs after release to prevent reoffending. This is particularly the case for Indigenous peoples as we know that high recidivism rates are one of

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David, Jean-Denis, and Megan Mitchell. "Contacts with The Police and The Over-Representation of Indigenous Peoples in The Canadian Criminal Justice System." Canadian Journal of Criminology and Criminal Justice 63, no. 2 (2021): 23–45. http://dx.doi.org/10.3138/cjccj.2020-0004.

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There is abundant evidence of the over-representation of Indigenous peoples in Canadian correctional facilities but, there is, however, limited research on the over-representation of Indigenous peoples at other stages of the criminal justice system. This article examines self-reported contacts with the police by Indigenous peoples in Canada as a way to broaden our understanding of their over-representation in the criminal justice system. Settler colonialism is used as a theoretical framework to better assess the various processes by which Indigenous peoples and police may come into contact. Us

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Cesaroni, Carla, Chris Grol, and Kaitlin Fredericks. "Overrepresentation of Indigenous youth in Canada’s Criminal Justice System: Perspectives of Indigenous young people." Australian & New Zealand Journal of Criminology 52, no. 1 (2018): 111–28. http://dx.doi.org/10.1177/0004865818778746.

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The central purpose of this study was to provide a platform for Indigenous young peoples’ opinions regarding the overrepresentation of Indigenous young people in the criminal justice system. Specifically, the study sought (a) their thoughts on broader issues that contribute to the overrepresentation of young people, and (b) strategies on how to reduce the overrepresentation of young people in the future. Results mirrored themes and findings from the research literature. However, the results are themes that are derived from the lived and observed experiences of Indigenous young people and the A

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McGuire, Michaela Mary, and Ted Palys. "Toward Sovereign Indigenous Justice: On Removing the Colonial Straightjacket." Decolonization of Criminology and Justice 2, no. 1 (2020): 59–82. http://dx.doi.org/10.24135/dcj.v2i1.16.

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Canada has oppressed Indigenous peoples capacity for true sovereignty through colonialism, genocide and attempted assimilation. This devastation manifests in the disproportionate social ills facing Indigenous peoples and their overrepresentation at all levels of the imposed criminal justice system (CJS). Trauma and internalized colonialism have constrained the capacity of Indigenous Nations to reclaim their place in the world as self-governing peoples. Canada has attempted to ‘fix’ this problem through creating parallel systems, trying to fit ‘Indigenous’ conceptions of justice into existing s

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Cunneen, Chris, and Simone Rowe. "Changing Narratives: Colonised Peoples, Criminology and Social Work." International Journal for Crime, Justice and Social Democracy 3, no. 1 (2014): 49–67. http://dx.doi.org/10.5204/ijcjsd.v3i1.138.

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There is growing recognition in criminology and social work of the importance of Indigenous knowledges and methodologies. Yet to date there have been limited attempts (particularly in criminology and criminal justice social work) to consider the theoretical and practice implications of Indigenous understandings and approaches to these disciplines. Both disciplines have also been slow to recognise the importance of understanding the way in which colonial effects are perpetuated through knowledge control, particularly in the operation of criminal justice systems. Our paper thus begins by examini

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Starblanket, Gina. "Constitutionalizing (In)justice: Treaty Interpretation and the Containment of Indigenous Governance." Constitutional Forum / Forum constitutionnel 28, no. 2 (2019): 13–24. http://dx.doi.org/10.21991/cf29383.

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To state that the Canadian criminal justice system has historically failed to provide adequate measures of justice for Indigenous peoples would be both an understatement and a mischaracterization. Canadian institutions of justice have not merely failed Indigenous peoples but were not designed to protect Indigenous interests to begin with. Designed by and for European newcomers who sought to institute their own legal orders, the justice system has functioned as an integral part of the structure of settler colonialism in Canada.

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Kau, Blasius Mau, Hari Sutra Disemadi, and Y. Yusriadi. "The Position of Crime Resolution Institutions in Indigenous Peoples in the Identity Politics Perspective." Jurnal Hukum Prasada 7, no. 2 (2020): 79–84. http://dx.doi.org/10.22225/jhp.7.2.1224.79-84.

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 One of the demands is to disregard modern justice institutions and utilize customary law as a means to achieve justice for those involved in a criminal offense. But on the other hand, the settlement of the case with customary law turned out to still cause injustice to the victim, and even gave birth to new crimes arising as a result of coercion carried out by the customary leaders of both parties acting as judges. This study discussed about the position of crime resolution institutions in indigenous peoples in the perspective of identity politics and the reassessing the position of crim

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Dafnos, Tia. "Racialized policing." International Journal of Critical Indigenous Studies 6, no. 1 (2013): 1–4. http://dx.doi.org/10.5204/ijcis.v6i1.109.

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Recent months of 2013 have seen the public release of official reports on the ongoing exclusion and marginalisation of Indigenous peoples vis-à-vis the Canadian criminal justice system. The Iacobucci review (2013), commissioned by the Ontario Government, documents systemic racism throughout the courts, prisons and jury systems that disadvantages Indigenous peoples. The review emerged from the lack of Indigenous jurors in coroner’s inquests into the death of Jacy Pierre in police custody, and the drowning of Reggie Bushie in 2007. Another report from the Correctional Investigator documents the

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Weis, Valeria Vegh. "Towards a Critical Green Southern Criminology: An Analysis of Criminal Selectivity, Indigenous Peoples and Green Harms in Argentina." International Journal for Crime, Justice and Social Democracy 8, no. 3 (2019): 38–55. http://dx.doi.org/10.5204/ijcjsd.v8i3.1244.

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This paper offers critical analytical tools to progress the development of a critical green southern criminology. Using Argentina as a case study, the article develops the notion of criminal selectivity to expose the biased functioning of the criminal justice system. The article explores how crime control is used to the detriment of Indigenous peoples, despite the fact that their protests do not produce significant social harm and are framed within constitutional rights. Conversely, the study exposes how the criminal justice system is not used to prosecute green harms perpetrated by corporatio

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Naumenko, Olga Nikolaevna, Valerii Terent'evich Galkin, and Tat'yana Vladimirovna Tkacheva. "Historical aspect of criminal law representations and the system of protection of rights of the indigenous peoples of the North in the territory of Yamal and Yugra." Юридические исследования, no. 4 (April 2021): 77–86. http://dx.doi.org/10.25136/2409-7136.2021.4.35554.

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The subject of this research is the traditional representations of the indigenous small-numbered peoples of the North that reflect the system of punishments and protection of their infringed rights when they commit a crime in a community living by the traditional culture. The article employs the following sources: codes of customary law created in Russia in the XIX century, as well as ethnographic data that include field materials collected by the authors in 2019 &ndash; 2020, and published sources that reflect the norms of customary law of the indigenous peoples of the North in the XIX &a

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Timler, Kelsey, Colleen Varcoe, and Helen Brown. "Growing Beyond Nutrition:." International Journal of Indigenous Health 14, no. 2 (2019): 95–114. http://dx.doi.org/10.32799/ijih.v14i2.31938.

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Many Indigenous communities in Canada experience disproportionate rates of food insecurity and diet-related diseases impacted by historic and ongoing colonialism. Barriers to health and wellbeing associated with ongoing colonial processes also have resulted in inequities for Indigenous peoples within the criminal justice system. A prison garden program in British Columbia, Canada, attempts to address inmate rehabilitation and Indigenous community food insecurity by supporting incarcerated men to grow and subsequently donate organic produce to rural and remote Indigenous communities. Qualitativ

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Radke, Amelia, and Heather Douglas. "Indigenous Australians, Specialist Courts, and The Intergenerational Impacts of Child Removal in The Criminal Justice System." International Journal of Children’s Rights 28, no. 2 (2020): 378–400. http://dx.doi.org/10.1163/15718182-02802005.

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Murri Courts are a specialist criminal law practice that includes Elders and respected persons of the local Community Justice Group in the sentencing of Aboriginal and Torres Strait Islander defendants. Drawing on an ethnographic study of two southeast Queensland Murri Courts, this article explores the impact of State ordered out-of-home care on Aboriginal and Torres Strait Islander defendants and their children. We show how Community Justice Groups and specialist courts help to address the intergenerational impacts of child protection interventions. The rights of Australian Indigenous peoples

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Chrismas, Robert (Bob). "Justice on Turtle Island: Continuing the evolution of policing with First Nations, Métis and Inuit Peoples in Canada." Journal of Community Safety and Well-Being 1, no. 2 (2016): 44. http://dx.doi.org/10.35502/jcswb.8.

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The relationship between policing and Canada’s First Nations and Métis peoples has historically been strained, and these tensions continue trans-generationally. This social innovation paper explores the possibility of integrating two effective paradigms that might positively enhance the relationship between policing and First Nations, Métis and Inuit peoples of Canada. The first is increased multi-sectoral collaboration around social issues, based on proven models such as Prince Albert Saskatchewan’s community mobilization initiative. The second is finding culturally sensitive alternatives to

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Rochaeti, Nur, and Rahmi Dwi Sutanti. "Revitalization of Customary Court in the Juvenile Criminal Justice System in Indonesia." SHS Web of Conferences 54 (2018): 07011. http://dx.doi.org/10.1051/shsconf/20185407011.

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At present in Indonesia, the existence of customary court in society is still recognized as a mechanism that is applied in solving the problems of customary or criminal violations, which are carried out without involving the law enforcement officers. This study aims to answer two problems. The first is how the customary court in the Dayak Kanayatn tribe and the second is how revitalization customary court in the juvenile justice system in Indonesia. The research will be conducted in Pontianak, West Kalimantan. The method used is a socio-legal research, which analyzes the legal implementation b

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Anisimov, Valery, Dmitry Dyadkin, Yury Truntsevsky, and Olga Shatilovich. "Environmental law and legal assistance of individuals sustaining a traditional lifestyle." E3S Web of Conferences 244 (2021): 12002. http://dx.doi.org/10.1051/e3sconf/202124412002.

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The purpose of the paper is to justify the need to make amendments to the Criminal Code of the Russian Federation, i.e. providing for exempting those individuals from criminal liability, who have committed acts, set forth formally, sustaining their traditional lifestyle in the North. The paper summarizes key issues of rights protection of indigenous minor peoples of the North (Khanty or Mansi), who sustain a traditional lifestyle, dealing with exploitation of ancestral lands: hunting, fishing, use of other resources. In the Khanty-Mansi Autonomous Okrug, it is very common when individuals are

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Ceric, Irina. "Beyond Contempt: Injunctions, Land Defense, and the Criminalization of Indigenous Resistance." South Atlantic Quarterly 119, no. 2 (2020): 353–69. http://dx.doi.org/10.1215/00382876-8177795.

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Claiming that the criminal justice system fails to effectively prohibit protest and civil disobedience, corporate lawyers embrace the pervasive use of injunctions and contempt of court charges in struggles over resource extraction in British Columbia, dubbing this approach the “new normal.” Yet even a cursory review of protest policing in Canada reveals that state intervention in resistance movements is alive and well and that Indigenous peoples and allied social movements are made subject to repression, surveillance, and criminalization through the mechanism of injunctions and contempt, among

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Dyadkin, Dmitry S. "Criminal liability of individuals leading a traditional lifestyle in the Russian North for the crimes under the articles 260 and 222, 222.1 of the Criminal Code of the Russian Federation." Tyumen State University Herald. Social, Economic, and Law Research 6, no. 1 (2020): 86–109. http://dx.doi.org/10.21684/2411-7897-2020-6-1-86-109.

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This paper summarizes the key issues of rights protection of indigenous minor peoples of the Russian North (Khanty and Mansi), who lead a traditional lifestyle, exploiting their ancestral lands: hunting, fishing, and using other resources. In the Khanty-Mansi Autonomous Area, individuals are often prosecuted for illegal felling (Article 260, Criminal Code of the Russian Federation), as well as for illegal acquisition, transfer, sale, possession, transportation or carrying of explosives or explosive devices (Article 222.1, RF Criminal Code). However, land management allows for the general publi

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Sumardi, Juajir. "Reconstruction of Land Exertion for Investment." Amsir Law Journal 2, no. 2 (2021): 79–90. http://dx.doi.org/10.36746/alj.v2i2.40.

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This study aims to determine the basis of welfare, so the nature of investment in land is placed in the basic values of Pancasila and the 1945 Constitution. The type of research used is normative legal research using a statutory approach. The results show that the concept of diversion through the principle of restorative justice for criminal acts against property has actually been practiced by indigenous peoples in Indonesia since ancient times and is still practiced today, but in the Indonesian legal system or the criminal justice system has not been explicitly regulated in statute form. Th

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Anjari, Warih. "Kedudukan Asas Legalitas Pasca Putusan Mahkamah Konstitusi Nomor 003/PUU-IV/2006 dan 025/PUU-XIV/2016." Jurnal Konstitusi 16, no. 1 (2019): 1. http://dx.doi.org/10.31078/jk1611.

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Korupsi musuh bersama yang harus diberantas sampai dengan akarnya. Putusan MK No. 003/PUU-IV/2006 dan No. 025/PUU-XIV/2016 mempengaruhi pemberantasan korupsi, karena dengan kedua putusan tersebut tindak pidana korupsi sulit dibuktikan. Terjadi perbedaan penerapan asas legalitas berdasarkan putusan mahkamah konstitusi dan yurisprudensi. Putusan mahkamah konstitusi menerapkan asas legalitas formil sedangkan yurisprudensi mengembangkan asas legalitas materiil. Legalitas formil mencegah perlakuan kesewenang-wenangan penguasa, sedangkan legalitas materiil mengakomodir hukum tidak tertulis yang tumb

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Charters, Claire. "A Self-Determination Approach to Justifying Indigenous Peoples' Participation in International Law and Policy Making." International Journal on Minority and Group Rights 17, no. 2 (2010): 215–40. http://dx.doi.org/10.1163/157181110x495872.

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AbstractThis paper defends the legitimacy-positive impact of a “contextual-participation approach” to indigenous peoples' participation in international law-making. It argues that indigenous peoples' participation should be substantial where the issue being negotiated at the international level is of considerable interest to indigenous peoples and indigenous peoples have not consented to state representation. The “contextual-participation approach” to indigenous peoples' participation realises the justice in indigenous peoples' claims to remedial efforts to recognise their, mostly lost and his

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Voth, Daniel. "Her Majesty's Justice Be Done: Métis Legal Mobilization and the Pitfalls to Indigenous Political Movement Building." Canadian Journal of Political Science 49, no. 2 (2016): 243–66. http://dx.doi.org/10.1017/s0008423916000378.

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AbstractIndigenous peoples have, to varying degrees, turned to the courts to litigate their ongoing disputes with Canada's settler colonial governments. Scholars have examined well the ways courts are used for strategic political ends by a variety of Indigenous and non-Indigenous litigants and are laden with settler values and institutional logics that are foreign to Indigenous peoples. However, it is less clear what effect turning to the courts in pursuit of strategic goals has on specific relationships between Indigenous peoples. This gap is more pronounced in Métis scholarship where there h

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Wook, Izawati. "Addressing the Rights of Indigenous Peoples to Resources in Malaysia: A Procedural Justice Approach." International Journal on Minority and Group Rights 26, no. 1 (2019): 40–66. http://dx.doi.org/10.1163/15718115-02601003.

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The concept of procedural justice has been promoted as a potential solution in the contest for resources involving indigenous peoples and others. It seeks the formulation of processes that are fair and just both to indigenous peoples and to the other parties affected. Using a comparative approach, this paper analyses processes and mechanisms adopted in some selected common law jurisdictions against the ideal of procedural justice. It seeks to consider mechanisms which conform to the principle of procedural justice to address the issue of indigenous peoples’ rights to land and resources in Mala

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Reading, Jeffrey, Charlotte Loppie, and John O’Neil. "Indigenous health systems governance." International Journal of Health Governance 21, no. 4 (2016): 222–28. http://dx.doi.org/10.1108/ijhg-08-2016-0044.

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Purpose Almost 20 years after the Royal Commission on Aboriginal Peoples, indigenous peoples living in Canada continue to pursue their legitimate aspirations for greater control over factors affecting their lives. The purpose of this paper is to summarize two major policies (the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission (TRC)) that aimed to create equity for indigenous peoples’. Design/methodology/approach Commentary and rapid communication to inform and clarify evolving high-priority policy and governance issues related to indigenous peoples’ of Canada

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Parsons, Meg, Lara Taylor, and Roa Crease. "Indigenous Environmental Justice within Marine Ecosystems: A Systematic Review of the Literature on Indigenous Peoples’ Involvement in Marine Governance and Management." Sustainability 13, no. 8 (2021): 4217. http://dx.doi.org/10.3390/su13084217.

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We develop and apply a systematic review methodology to identify and understand how the peer-reviewed literature characterises Indigenous peoples’ involvement in marine governance and management approaches in terms of equity and justice worldwide. We reviewed the peer-reviewed English-language research articles between January 2015 and September 2020 for examples of Indigenous peoples’ involvement in marine governance and management using the analytical lens of environmental justice. The majority of research studies highlighted that Indigenous peoples experienced some form of environmental inj

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Taber-Hamilton, Rachel K. "When creation is sacred: restoring the indigenous Jesus." Anglican Theological Review 103, no. 2 (2021): 166–85. http://dx.doi.org/10.1177/00033286211007421.

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This article argues that the dominant culture perception of indigenous peoples remains intimately woven with dominant culture beliefs about the environment. Taber-Hamilton asserts that if the environment is viewed as expendable within a model of colonial consumerism, then indigenous peoples who inhabit colonized spaces are viewed as expendable, as part of the cooptation and exploitation of environmental resources. Taber-Hamilton provides case examples that emphasize the critical need for establishing collaborative partnerships with indigenous communities for effective environmental justice adv

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Little, Simon, Anna Stewart, and Nicole Ryan. "Restorative Justice Conferencing: Not a Panacea for the Overrepresentation of Australia’s Indigenous Youth in the Criminal Justice System." International Journal of Offender Therapy and Comparative Criminology 62, no. 13 (2018): 4067–90. http://dx.doi.org/10.1177/0306624x18764524.

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Restorative justice conferencing is a police diversionary strategy used extensively in Australian jurisdictions to channel young offenders away from formal court processing. Advocates view conferencing as culturally appropriate and a means to reduce the overrepresentation of Indigenous young people because it is rooted in Indigenous justice traditions. However, whether conferencing is effective at reducing recidivism by Indigenous young people compared with non-Indigenous young people remains unknown. We examine this using a longitudinal cohort of youth offenders from Australia. Propensity sco

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Cespedes, Rodrigo. "Indigenous autonomy and justice for latin american Indigenous women." REVISTA CUHSO 30, no. 1 (2020): 126–44. http://dx.doi.org/10.7770/cuhso.v30i1.2116.

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My paper deals with indigenous peoples’ rights, focusing on Latin American case-law related to gender issues. Latin American Courts have faced cases related to sexual crimes or domestic violence among indigenous people and have to choose between giving pre-eminence to women’s rights or indigenous autonomy. On deciding those cases, the tools provided by the proportionality test are paramount in order to analyse the case-law. The indigenous rights regimes (ILO-169, UNDRIP) may prevail or not against other human rights systems (which specially protect women or children) according to the facts of

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Gilbert*, Jérémie. "Indigenous Peoples and Litigation: Strategies for Legal Empowerment." Journal of Human Rights Practice 12, no. 2 (2020): 301–20. http://dx.doi.org/10.1093/jhuman/huaa028.

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Abstract Across the globe indigenous peoples are increasingly using litigation to seek remedies for violation of their fundamental human rights. The rise of litigation is to be placed in the larger context of increased land grabbing, exploitation of natural resources, and the general lack of recognition of indigenous peoples’ rights at the national level. This lack of legal rights is usually coupled with a lack of political will to address the issues faced by indigenous peoples, often leading to serious human rights violations, leaving indigenous advocates with few options but to turn to court

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Cunneen, Chris. "Criminology, Criminal Justice and Indigenous People: A Dysfunctional Relationship?" Current Issues in Criminal Justice 20, no. 3 (2009): 323–36. http://dx.doi.org/10.1080/10345329.2009.12035816.

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Whyte, Kyle. "Critical Investigations of Resilience: A Brief Introduction to Indigenous Environmental Studies & Sciences." Daedalus 147, no. 2 (2018): 136–47. http://dx.doi.org/10.1162/daed_a_00497.

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Indigenous peoples are among the most active environmentalists in the world, working through advocacy, educational programs, and research. The emerging field of Indigenous Environmental Studies and Sciences (iess) is distinctive, investigating social resilience to environmental change through the research lens of how moral relationships are organized in societies. Examples of iess research across three moral relationships are discussed here: responsibility, spirituality, and justice. iess develops insights on resilience that can support Indigenous peoples' struggles with environmental justice

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Eichler, Lauren, and David Baumeister. "Hunting for Justice." Environment and Society 9, no. 1 (2018): 75–90. http://dx.doi.org/10.3167/ares.2018.090106.

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Within the mainstream environmental movement, regulated hunting is commonly defended as a tool for preserving and managing populations of wild animals for future generations. We argue that this justification, encapsulated in the seven principles of the North American Model of Wildlife Conservation, perpetuates settler colonialism—an institutional and theoretical apparatus that systemically eliminates Indigenous peoples, expropriates Indigenous lands, and disqualifies Indigenous worldviews— insofar as it manifests an anthropocentric ideology that objectifies hunted animals as “natural resources

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Taylor, Katherine Selena, Sheri Longboat, and Rupert Quentin Grafton. "Whose Rules? A Water Justice Critique of the OECD’s 12 Principles on Water Governance." Water 11, no. 4 (2019): 809. http://dx.doi.org/10.3390/w11040809.

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The article constructively critiques the Organization for Economic Cooperation and Development’s (OECD) 12 Principles on Water Governance (the OECD Principles). The human rights standard, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), provided the foundation for conceptualizing Indigenous water rights. The analysis used a modification of Zwarteveen and Boelens’ 2014 framework of the four echelons of water contestation. The analysis indicates that the OECD Principles assume state authority over water governance, make invisible Indigenous peoples’ own water governan

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Ulloa, Astrid. "Perspectives of Environmental Justice from Indigenous Peoples of Latin America: A Relational Indigenous Environmental Justice." Environmental Justice 10, no. 6 (2017): 175–80. http://dx.doi.org/10.1089/env.2017.0017.

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Wiguna, Made Oka Cahyadi. "Pemikiran Hukum Progresif untuk Perlindungan Hukum dan Kesejahteraan Masyarakat Hukum Adat." Jurnal Konstitusi 18, no. 1 (2021): 112. http://dx.doi.org/10.31078/jk1816.

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Today there are still many problems with the existence and traditional rights of indigenous and tribal peoples. These problems tend to place the indigenous and tribal peoples in a weak and marginalized position. Not without reason, it is due to the unequal perception of all related parties, in positioning customary land and indigenious peoples in the context of national and state life based on Pancasila and the Constitution. The issue that will be discussed in this paper is about how to realize progressive legal protection of the existence of indigenous and tribal peoples to realize their welf

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Hindeya, Tilahun Weldie. "Indigeneity of Peoples in the Context of Ethiopia: A Tool in the Pursuit of Justice Against Land Dispossessions." African Journal of International and Comparative Law 27, no. 1 (2019): 1–24. http://dx.doi.org/10.3366/ajicl.2019.0257.

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This article examines the relevance and appropriateness of identifying groups of peoples as indigenous in the context of Ethiopia. By drawing on the criteria of indigenous peoples formulated at the international and regional (African) levels, it contends that few groups, including the Anywaa, the Gumuz and the Afar, qualify as indigenous. Further, the article notes that recognising these groups as indigenous has far-reaching implications on their right to maintain access and ties to and control over their ancestral land.

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Manríquez Roque, Mercedes. "Estatus jurídico político de los pueblos indígenas del Perú: perspectivas del modelo de Estado Constitucional de Derecho." Deusto Journal of Human Rights, no. 9 (December 11, 2017): 103. http://dx.doi.org/10.18543/aahdh-0-2011pp103-124.

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<p>This article carries out an approach to the constitutional evolution of the rights of the indigenous peoples of the Peru. Also, examines how much it has advanced in the establishment of the guarantees of the cultural plurality of the indigenous peoples; in particular, the relative to the recognition of the cultural diversity of the Nation, the juridical-political status of the indigenous peoples, the protection of the territorial rights and the plural justice. Likewise, analyzes the demands of constitutionalization of rights of the Andean and Amazon indigenous peoples, and the juridic

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Broadhurst, Roderic. "Crime, Justice and Indigenous Peoples: the ‘New Justice’ and Settler States." Australian & New Zealand Journal of Criminology 32, no. 2 (1999): 105–7. http://dx.doi.org/10.1177/000486589903200201.

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Mohd Khalid, Al-Hanisham, Rohaida Nordi, and Safinaz Mohd Hussein. "Forbidding the Tragedy of Commons; Conserving Indigenous Knowledge through Indigenous Peoples and Local Communities Entitlement for Future Generations from the Perspectives of Intergeneration Justice." International Journal of Engineering & Technology 7, no. 3.30 (2018): 99. http://dx.doi.org/10.14419/ijet.v7i3.30.18210.

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Conserving indigenous knowledge (IK) has long been discussed in international fore for more than five decade. The core issues is there is unanimity among scholars, governments, indigenous peoples and local communities on whether and how issue of IK could be harmonise within intellectual property rights law framework particularly copyrights. This paper aims to highlight the issues of conserving indigenous knowledge since indigenous knowledge does not belong to one generation but all generations. Discussion will embark on from the perspective of intellectual property jurisprudence through the wo

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Droogendyk, Lisa, and Stephen C. Wright. "A social psychological examination of the empowering role of language in Indigenous resistance." Group Processes & Intergroup Relations 20, no. 3 (2017): 303–16. http://dx.doi.org/10.1177/1368430216683532.

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An understanding of how groups engage in sustained collective action over long periods of time (sometimes over multiple generations) must take into account sociocultural factors. We consider the role of Indigenous languages in motivating and sustaining collective action among Indigenous peoples, drawing on basic social psychological theory as well as insights from Indigenous writers. We contend that the knowledge and use of one’s Indigenous language can facilitate the psychological conditions shown to underpin interest in participating in collective action (i.e., collective identification, per

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Kronk Warner, Elizabeth Ann, and Randall S. Abate. "International and Domestic Law Dimensions of Climate Justice for Arctic Indigenous Peoples." Revue générale de droit 43 (January 13, 2014): 113–50. http://dx.doi.org/10.7202/1021212ar.

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The Arctic region is in crisis from the effects of climate change. The impacts of climate change pose a particular threat to Arctic indigenous communities. Because of the disproportionate impacts of climate change, these indigenous communities are environmental justice communities. Part I of this article discusses how indigenous nations are environmental justice communities and discusses the unique factors that may apply to environmental justice claims arising in Indian country. The article then presents two case studies to explore how, if at all, these concepts have been previously applied to

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Booth, Annie L. "Northern Environmental Justice: A Case Study of Place, Indigenous Peoples, and Industrial Development in Northeastern British Columbia, Canada." Case Studies in the Environment 1, no. 1 (2017): 1–19. http://dx.doi.org/10.1525/cse.2017.sc.454154.

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This case study introduces the concepts of place-based and Indigenous environmental justice as well as the theory of Indigenous sovereignty, as articulated within a Canadian context and considers their application with respect to the Indigenous peoples with traditional territories within the borders of Canada. The specific legal and industrial contexts affecting Indigenous peoples in Canada are briefly examined to frame two cases of environmental justice issues in the northeastern corner of British Columbia. The two cases are oil and gas development and the proposed development of a new dam wh

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Avalos, Natalie. "Indigenous stewardship as a lifeway1." Journal of Environmental Media 1, no. 2 (2020): 133–38. http://dx.doi.org/10.1386/jem_00011_1.

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As the decade closes, Indigenous peoples have re-emerged as a critical voice advocating not just for environmental justice but for an entirely different way of living and being with the world. As the descendants of the original inhabitants of lands now dominated by others, they are often entangled in ongoing struggles to protect their lands and sovereignty. Settler colonialism is now famously understood as a structure, not an event, meaning that colonial projects must be continually re-inscribed through discursive and juridical means in order to naturalize Indigenous dispossession. As a religi

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Rinehart, Robert E. "New Critical Pan-Pacific Qualitative Inquiry." International Review of Qualitative Research 11, no. 1 (2018): 28–38. http://dx.doi.org/10.1525/irqr.2018.11.1.28.

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In this piece, I explore two related issues of new critical Indigenous research. First, building on previous work, I recap the similarities and differences—in terms of social justice issues—of several historical cases regarding Indigenous peoples. I then examine the role of respect—especially “reciprocal respect”—in Pan-Pacific Indigenous research and give exemplars from New Zealand, Filipino, Aboriginal, and Samoan contexts as discussion points that ground a larger examination of mutual respect, mutuality, and cooperative behaviour. Finally, I suggest that the historical treatments of various

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Benavides-Vanegas, Farid Samir. "Under western eyes: Articulation between indigenous justice and the national judicial system." Semiotica 2017, no. 216 (2017): 281–96. http://dx.doi.org/10.1515/sem-2015-0073.

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AbstractThe State’s response to the problems posed by the existence of indigenous special jurisdiction left for jurisprudence, in a decision model case by case, the determination of what is the meaning of the rights of indigenous peoples in a State like Colombia. At the same time, it has tried to impose the new constitutional order on the different indigenous peoples, thus acknowledging their dual role as equal citizens before the law and a people with differential rights. In this paper I want to address two issues: first, the discussion about the coordination of special indigenous jurisdictio

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Jones, Rhys. "Climate change and Indigenous Health Promotion." Global Health Promotion 26, no. 3_suppl (2019): 73–81. http://dx.doi.org/10.1177/1757975919829713.

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Climate change poses a serious threat to the health and well-being of Indigenous peoples around the world. Despite living in diverse contexts, Indigenous peoples face a number of common challenges. Disproportionate threats from climate change exist due to a range of factors including unique relationships with the natural environment, socioeconomic deprivation, a greater existing burden of disease, poorer access to and quality of health care, and political marginalization. Responses to climate change at global, national, and local levels also threaten Indigenous people’s rights. While climate a

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Charters, Claire. "The Sweet Spot Between Formalism and Fairness: Indigenous Peoples’ Contribution to International Law." AJIL Unbound 115 (2021): 123–28. http://dx.doi.org/10.1017/aju.2021.9.

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Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more informal, flexible, and partially decolonizing system of law. In this way, Indigenous Peoples are crafting a legal system that achieves the “sweet-spot.” It has sufficient “hard-law” quality to restrain the self-interested instincts of powerful states—muc

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Steele, Godfrey A. "Visibility and meaningful recognition for First Peoples: A critical discourse studies approach to communication, culture and conflict intersections in seeking social justice." Discourse & Communication 14, no. 5 (2020): 489–511. http://dx.doi.org/10.1177/1750481320917553.

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Conflict revolves around communication and culture intersections. This interplay has historical antecedents and contemporary applications. Conflicts involving Indigenous Peoples and colonizers appear in literary representations (e.g. Shakespeare’s The Tempest), and contests between communities and cultures in historical, political and social settings. Amnesty International reports Indigenous Peoples’ realities and efforts to lobby for social justice. One effort is in becoming visible and seeking meaningful recognition examined in media coverage of the First Peoples’ holiday in Trinidad and Tob

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Mashdurohatun, Anis, Ariy Khaerudin, and Teguh Prasetyo. "Intellectual Property Protection of Indigenous Peoples in Indonesia: Quo Vadis?" Sociological Jurisprudence Journal 3, no. 1 (2020): 1–7. http://dx.doi.org/10.22225/scj.3.1.1268.1-7.

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Illicit used of intellectual property protection of indigenous peoples which are increasingly exploitative and leaving the existing values, and it’s happen over the world. Paradox government need it for raw material in creative economic but there’s no law to protect. The aim of this study is to describe dilemma of law patronage for Intellectual property of Indigenous People. Method for this study used library research. The values of justice in the use of traditional cultural expressions are carried out proportionally and balanced by harmonizing the values of individuals with communal values. B

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McManus, Phil. "Book Review: Rethinking resource management: justice, sustainability and indigenous peoples." Progress in Development Studies 2, no. 4 (2002): 344–45. http://dx.doi.org/10.1177/146499340200200408.

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