Description

There is a growing international indigenous jurisprudence couched in the resurgence of customary laws and human rights of indigenous peoples. Indigenous peoples’ cultural heritage, identity and traditional and ecological knowledge, are intertwined with their lands and territories. The juridical basis of indigenous peoples’ rights, identity, customary institutions and concepts of land ownership, resource rights, as well as the stewardship and management including indigenous dispute resolutions of those interests are governed and underpinned by native customary laws, customs and traditions. In a plural legal system as practised in Malaysia where these customs and usages are recognised under the Federal Constitution, an understanding of the constitutional and legal protection of these property interests is important, and the native law and customs need to be understood, recognised and given effect to by the nation.

This book is a collection of essays that are representative of contemporary issues affecting cross-sections of indigenous communities the world over. They discuss important issues affecting indigenous communities, looking at the Malaysian situation with significant comparative writing from the view of other common law jurisdictions and international law.

Key Features
– Explanation on jurisprudential basis of indigenous peoples’ rights, aboriginal title and native customary lands
– Discussions on recognition, protection of territoriality and indigenous peoples’ inseparable connection to their traditional lands
– Consideration of the interwoven issues of cultural heritage, indigeneity and the law
– Elaborate discussions on traditional ecological knowledge, as well as the synergistic approach to resource management as underpinned and informed by adat and native customary laws and practices
– Discussion on indigenous governance, customary institutions and dispute resolution
– Evaluation of the implementation of the Free, Prior and Informed Consent policy as recognised by the United Nations
– Discussions on the challenges to holistic development of customary indigenous peoples’ customary lands and the state’s fiduciary duty

Content:

1. Introduction

2. Who Gets to be Called “Indigenous”, and Why?

3. Land, Culture, and Heritage: Restoring Indigenous Peoples’ Cultural Identity Through Access to Justice and Reparations

4. Citizenship and Native Status in Sabah and Sarawak: A Constitutional Perspective

5. Freedom to Choose: Implementing the Right to Free, Prior, and Informed Consent of Indigenous Peoples

6. Agreement-Making and Free, Prior, and Informed Consent in Australian Native Title

7. Native Customary Land and the Adat

8. The Role of Adat in the Implementation of a Customary Justice System with Reference to the Iban

9. Native Courts System in Sarawak – Relationship with the Civil Courts

10. The Joint-Venture Development of Native Customary Lands and the Fiduciary Obligation of the State

11. The Intersection of Landscape History, Land Rights, and Community-Led Conservation in the Kelabit Highlands of Sarawak, Malaysia

12. The Molong Concept as a Foundation for Recognition of Penan Land Rights in Sarawak

13. Issues in Orang Asli Identity and the Law

14. Peninsular Malaysia Orang Asli Land Issues: Access to Justice Through the Common Law?

15. The World Is As Sharp As The Edge of A Knife: Indigenous Management of Territories

Reviews

There are no reviews yet.

Be the first to review “An Anthology of Indigenous Peoples’ Issues”