An Anthology Of Indigenous Peoples' Issues by Ramy Bulan | 2022

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An Anthology Of Indigenous Peoples' Issues

Author
Ramy Bulan and Charles CJ Chow (Editors)
Publication Date
Sep 2022​
ISBN
9789672723653
Format
Softcover + eBook, 328 pp
Publisher
Sweet & Maxwell

 

Quote from Foreword
 
 “There is no doubt that [this book] will be most welcome by students, legal practitioners and academics who are involved in indigenous studies. Much benefit can be derived from the different perspectives of the laws and customs governing indigenous peoples given by the contributors.”
 From the Foreword by Tun Richard Malanjum

 

The revival of indigenous peoples' customary laws and human rights has given rise to a developing body of international indigenous law. The cultural history, identity, traditional knowledge, and ecological understanding of indigenous peoples are entwined with their lands and territories. Native customary laws, practises, and traditions serve as the legal framework for indigenous peoples' rights, identity, customary institutions, and ideas of land ownership and resource rights, as well as the stewardship and management of those interests, including indigenous dispute resolution. 

 

Understanding the constitutional and legal protection of these property interests is crucial in a plural legal system like the one used in Malaysia, where these customs and usages are recognised by the Federal Constitution. Additionally, the native law and customs must be understood, acknowledged, and implemented by the country.

 

This book is a compilation of writings that reflect current problems impacting various indigenous groups around the world. They talk about critical concerns that impact indigenous populations while examining the Malaysian situation from the perspectives of other common law jurisdictions and international law.

 

Key Features
  • explanation of the legal foundation for native peoples' rights, native title, and native customary lands
  • discussions about acknowledging, defending territoriality, and the unbreakable bond between indigenous peoples and their traditional lands
  • Detailed considerations of traditional ecological knowledge and the synergistic approach to resource management as supported and influenced by adat and native customary laws and practises.
  • Consideration of the interrelated concerns of cultural heritage, indigeneity, and the law.
  • Discussing indigenous governance, customary systems, and resolving disputes
  • Analyzing the effectiveness of the United Nations-recognized free, prior, and informed consent policy
  • discussions on the state's fiduciary responsibility and the difficulties in developing indigenous peoples' customary lands holistically

TABLE OF CONTENTS Of An Anthology Of Indigenous Peoples' Issues

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 



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