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Indigenous People

Legal Empowerment as Social Entrepreneurship: The KwaZulu-Natal Cases of Bulwer and New Hanover

Fayth Ruffin, Winnie Kubayi Martins,

In this chapter, theoretical foundations of social entrepreneurship and legal empowerment are explored and intersection of these social actions by community based-paralegal practice in rural KwaZulu-Natal examined. Conceptually, integration of social entrepreneurship and legal empowerment innovatively contributes to the broader discourse on self-determined community development and democratic governance. Empirical evidence shows that community-based paralegals generate…

Complicity in Destruction II

Amazon Watch,

How northern consumers and financiers enable Bolsonaro’s assault on the Brazilian Amazon. As the world’s largest rainforest, the Amazon provides 20% of our oxygen, houses 10% of the planet’s biodiversity, and helps stabilize the global climate. The world needs it to survive. None understand this better than the indigenous peoples and traditional communities who call…

Sustainable Development Goal 16.9: ‘Legal Identity’ Nationality and Statelessness

Institute on Statelessness and Inclusion,

This booklet introduces key concepts that can be adopted by Legal identity practitioners to protect vulnerable and marginalized groups. It also explains flawed identity processes can cause and/ or perpetuate statelessness. Finally, it presents some strategies to help ensure statelessness is effectively addressed through inclusive and human rights based development policies on legal identity If…

Can Business Rights Alleviate Group-Based Inequality in Sub-Saharan Africa? Understanding the Limits to Reform

Scott D. Taylor,

This resource is from The Journal of Development Studies 2019, Vol. 55, No. 3, 420 – 436. Africa’s indigenous minorities face unique constraints, particularly in terms of engaging in even the most basic business activities. They typically lack business rights, but, even where such rights have been extended, they have had scant impact on group…

Benelex Learning Module on benefit-sharing and the rights of indigenous peoples over natural resources

Elisa Morgera, Thierry Berger,

This resource is the BeneLex Learning Module focused on benefit-sharing and the rights of indigenous peoples over natural resources. This module will, first, highlight opportunities to protect the natural resources of indigenous peoples by relying on both international environmental law and international human rights law. It will then discuss various ways in which the rights of…

Legal Empowerment and Group-Based Inequality

Rachel M. Gisselquist,

This resource comes from The Journal of Development Studies, 2019 Vol. 55, No. 3, 333–347. Legal empowerment has become widely accepted in development policy circles as an approach to addressing poverty and exclusion. At the same time, it has received relatively little attention from political scientists and sociologists working on overlapping and closely related topics –…

Access to What? Legal Agency and Access to Justice for Indigenous Peoples in Latin America

Daniel M. Brinks,

This resource is from the The Journal of Development Studies, 2019 Vol. 55, No. 3, 348–365. In this paper I issue a call for a primary focus on expanding and strengthening alternative, community-based justice systems, as a strategy for securing the full benefits of legal agency to indigenous and other culturally distinct groups. I do so…

Wapichan Environmental Monitoring Report

South Rupununi District Council,

This report presents an overview of the South Rupununi District Council (SRDC) Monitoring Programme and provides a case study of one particular site that the Monitoring Programme has been targeting – Marudi Mountain. The report begins with background information regarding the Monitoring Programme and how it operates. It continues by providing a summary of the…

Wapichan set up Ground-breaking System to Defend Human Rights and Monitor Ancestral Lands

South Rupununi District Council (SRDC),

Amidst increasing concerns about threats to their forests, wetlands and way of life, the Wapichan People of Guyana (South America) have set up their own ground-breaking system to defend their human rights and monitor their ancestral lands against harmful development. Community information has been collected using a grassroots land use monitoring arrangement that involves community…

The Network of Community Defenders for the Right to Health in Guatemala

CEGSS-Centro de Estudios para la Equidad y Gobernanza en los Sistemas de Salud,

In Guatemala, almost half of the total population is indigenous and the majority live in rural areas. Despite progressive laws that recognize the right to health, rural populations face major barriers and discrimination to access healthcare services. Because of this situation, rural communities have organized themselves as “community defenders for the right to health.” This…

Protecting Community Lands — Everything We Know in a New Guide!

Posted by Marena Brinkhurst in Community Land Protection, Land & Natural Resources, Namati News, Resources & Research

We are thrilled to launch an important new resource for frontline land rights advocates around the world: the Community Land Protection Facilitators’ Guide. After years of working with partners to support communities to protect their land rights, today we are sharing what we’ve learned. This Facilitators’ Guide is a step-by-step, practical “how to” manual for grassroots advocates…

“We are looking at gold and calling it rock”

Posted by Rachael Knight in Community Land Protection

Originally published for the World Bank’s People, Space, Deliberation blog, Namati Community Land Protection Program Director, Rachael Knight, presents Namati’s approach for supporting communities to calculate the replacement costs of their communal lands and natural resources. Communal land, forests, and water sources are essential to the survival of many communities around the world. However, investors…

New legal database on community land and natural resource rights

Posted by Marena Brinkhurst in Global Legal Empowerment Network, Land & Natural Resources, Namati News, Resources & Research

Namati has launched a groundbreaking new tool for lawyers and advocates working to protect community rights to land and natural resources: the Community Land Rights CaseBase. More and more lawyers and front line legal advocates are stepping forward to defend communities’ rights, yet they often struggle to find supportive legal precedent – within their own country or…

Oxfam on India’s proposed new land acquisition ordinance

Posted by Namati in Environment, Land & Natural Resources

There has been uproar in India’s parliament and among civil society groups following the government’s proposal to replace the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCLARR). RFCLARR was enacted in 2013 replacing the land acquisition policies prevalent in the country since 1894. A year later, the Government of…

Land Rights in the Post-2015 Agenda

Posted by Namati in Community Land Protection, Land & Natural Resources, Post-2015 Agenda

Namati has joined with a coalition of organizations to produce a briefing paper on the place of land rights in the new Sustainable Development Goals. The briefing has been endorsed by organisations such as ActioAid, Oxfam, Landesa, Global Witness and Habitat for Humanity. It contains five headline recommendations: 1. The Post-2015 Agenda should advance and monitor…

Targeting Illegal Mining in India’s Forests

Posted by Kanchi Kohli in Environment

Namati’s Kanchi Kohli explains how public interest litigation finally forced the authorities to act against illegal iron ore mines in the forests of Odisha. 27 October 2014 – The discourse around iron and steel in India has taken a huge political turn since 2007. In 2007, the Karnataka state government, while recognising the problem of rampant illegal…

Secure Forest Rights Help Combat Climate Change

Posted by Namati in Environment, Land & Natural Resources

A new report from the global environmental research organisation, World Resources Institute, finds that strengthening communities’ forest rights reduces emissions and deforestation. Securing Rights, Combating Climate Change analyzes the growing body of evidence linking community forest rights with healthier forests and lower carbon dioxide (CO2) emissions from deforestation and forest degradation. This report makes a strong case for strengthening…