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

 

 “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.

• 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