Law Commons^™

Brazil’S Violence Against Indigenous Peoples, Andre Taylor

Human Rights Brief

Centuries of violence and displacement define the relationship between indigenous peoples and the successive governments of Brazil. As Brazil embarks on a massive expansion of its agribusiness and mining operations, the systemic denial of land rights and illegal economic activity on protected lands has threatened traditional ways of life practiced by indigenous peoples. The most aggressive policy taken by the Brazilian government has involved legitimizing land claims on unregistered ancestral indigenous lands for development, putting 37,800 square miles of territory at risk for exploitation by loggers, ranchers, and farmers.

A Human Rights Crisis Under Our Roof, Aglae Eufracio

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson

University of Colorado Law Review Forum

No abstract provided.

“Touching The Concerns” Of Kiobel: Corporate Liability And Jurisdictional Remedies In Response To Kiobel Vs. Royal Dutch Petroleum, Chinyere Kimberly Ikegbunam

American Indian Law Review

No abstract provided.

Redd+: Climate Justice Or A New Face Of Manifest Destiny? Lessons Drawn From The Indigenous Struggle To Resist Colonization Of Ojibwe Forests In The Nineteenth And Twentieth Centuries, Philomena Kebec

William Mitchell Law Review

No abstract provided.

Indian Courts And Fundamental Fairness: Indian Courts And The Future Revisited, Matthew L.M. Fletcher

University of Colorado Law Review

This article comes out of the University of Colorado Law Review's symposium issue honoring the late Dean David H. Getches. It begins with Dean Getches's framework for analyzing Indian courts. I revisit Indian Courts and the Future, the 1978 report drafted by Dean Getches, and the historic context of the report. I compare the 1978 findings to the current state of Indian courts in America. This article focuses on the reality that the ability of Indian courts to successfully guarantee fundamental fairness in the form of due process and equal protection of the law for individuals under tribal government authority …

Indigenous Political Participation: The Key To Rights Realization In The Andes, Stephanie Selekman

Human Rights & Human Welfare

"There is no way back, this is our time, the awakening of the indigenous people. We'll keep fighting till the end. Brother Evo Morales still has lots to do, one cannot think that four years are enough after 500 years of submission and oppression,” said Fidel Surco, a prominent indigenous leader, reflecting on Bolivia’s first indigenous president entering his second term (Carroll & Schipani 2009).

The Andean region is particularly appropriate for examining indigenous political rights because 34-40 million indigenous people reside mostly in this region. The actualization of human rights for Andean indigenous groups is an inherently complex issue, …

Latin America’S Indigenous Women, Courtney Hall

Human Rights & Human Welfare

Latin America’s indigenous women are as diverse as the land they inhabit. Their uniqueness is shaped by belonging to groups that have their own distinct history, traditions, and identity. Yet despite this diversity, indigenous women confront the same human rights challenges: racial, gender, and socio-economic discrimination. Without ignoring the diversity of indigenous women, a better understanding of their fundamental struggles can be gained by weaving these issues together in a comprehensive narrative.

Amazigh Legitimacy Through Language In Morocco, Sarah R. Fischer

Human Rights & Human Welfare

Contemporary Morocco rests at a geographic and developmental crossroads. Uniquely positioned on the Northwestern tip of Africa, Morocco is a short distance away from continental Europe, cradled between North African tradition and identity, and Western embrace. The landscape is varied: craggy mountains trail into desert oases; cobbled streets of the medina anchor the urban centers; mud homes dot the rural countryside. Obscured from the outside observer, behind the walls of the Imperial cities and between the footpaths of village olive groves, Morocco’s rich and diverse Arab and Amazigh cultures and languages circle one another in a contested dance. Morocco’s identity …

Bedouin Women In The Naqab, Israel: Ongoing Transformation, Marcy M. Wells

Human Rights & Human Welfare

Since its inception in 1948, the state of Israel has based development plans on an agenda of nation-building that has systematically excluded Palestinian Arab citizens such as the indigenous Bedouin. Policies of relocation, resettlement, and restructuring have been imposed on the Bedouin, forcing them from their ancestral lands and lifestyle in the Naqab (or Negev, as it is called in Hebrew) desert of southern Israel. The rapid and involuntary transition from self-sufficient, semi-nomadic, pastoral life to sedentarization and modernization has resulted in dependency on a state that treats the Bedouin as minority outsiders through unjust social, political, and economic structures. …

Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick

Human Rights & Human Welfare

To begin, not propitiously. When checking whether my title ‘Necessary Fictions’ was being used elsewhere, Google revealed that it was going to be used in a future talk, and by me. It transpired mercifully that this use was going to be quite different to the present which suggested the prospect of a new academic genre: same title, different paper; rather than the standard combination of same paper, different title. Fortuitously, that contrast gave me the leitmotiv for this talk – that things ostensibly the same can be different, and that things ostensibly different can be the same.

© Peter Fitzpatrick. …

Universal Human Rights Vs. Traditional Rights, Brittany Kühn

Human Rights & Human Welfare

The Universal Declaration of Human Rights (UDHR) is one of the most translated documents in the world. Its promotion of freedom, justice and peace provides a set of standards that were adopted by the United Nations General Assembly and with the support of forty-eight countries. Despite this doctrine of international values, indigenous societies often resist attempts to implement such law when it threatens to constrain traditional norms that are deeply embedded into the realm of cultural identity.

The Colonial Legacy And Human Rights In Mexico: Indigenous Rights And The Zapatista Movement, Alexander Karklins

Human Rights & Human Welfare

The current status of human rights in Latin America has been profoundly affected by the legacy of colonial institutions. Since the time of conquest, through colonialism, and after independence, the growth of the Latin American state has been challenged by the alternative discourse of indigenous rights. In Mexico, the dominance of mestizaje (or the quest for a single Mexican ethnic identity) in the formation of its modern state apparatus has left indigenous cultures out of the realm of political participation and exposed to human rights violations. With the Zapatista uprising of 1994-1996, the contradictions inherent in Mexico’s constitution were brought …

Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.

Human Rights Of Indigenous Peoples: Will The United States Rise To The Occasion?, Dean B. Suagee

American Indian Law Review

No abstract provided.

The Development Of Minimum Standards For The Protection And Promotion Of Rights For Indigenous Peoples, Laura Stomski

American Indian Law Review

No abstract provided.