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Indigenous Peoples' Land Rights under International Law: From Victims to Actors

  • September 2006
DOI:10.1163/ej.9781571053695.1-352
  • Publisher: Transnational Publishers
  • ISBN: 9789047431305
Authors:
Jeremie Gilbert at University of Roehampton
Jeremie Gilbert
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Abstract

This book analyses whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories.
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... Masyarakat Dayak Iban Sungai Utik memiliki wilayah adat dengan luas total 10.067 Ha dan 9.480 Ha diantaranya merupakan hutan adat. (Gilbert 2006). Kesimpulan ...
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... In terms of the legal framework, one of the rst challenges faced by Indigenous advocates has been the historical lack of recognition of the importance of their right to land under human rights law (Gilbert 2016). ...
Land Is a Human Right
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This chapter explores the human right to land from both a historical and a normative perspective. It analyzes the key developments that have led to the recognition of the human right to land in international human rights law. The first part of the chapter explores land as a key component of other human rights, such as the rights to food, housing, property, and other economic, social, and cultural rights. The second part then describes how various international legal instruments came to recognize land as a self-standing human right. It discusses the various dimensions of the right to land and what this right means for different groups, with a focus on Indigenous Peoples, peasants, and other people working in rural areas. Finally, the third part explores current challenges for the implementation of the right to land, with an emphasis on forced evictions and displacements, the gender and intersectional dimensions, and the impacts of transnational corporations. The overall objective is to highlight the benefits of adopting a human rights approach to land issues, seeing land, not as a mere commodity, but as central to the realization of human rights.
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Benefit-Sharing
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The challenge for ordinary Australians today is this: that the foundation for compromise … comes from their own legal and constitutional heritage. The Mabo decision is not a product of indigenous heritage. Rather, more fundamentally, it is the product of the country's English heritage: it is a product of the genius of the common law of England.
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