An Anthology of Indigenous Peoples’ Issues

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