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27-31 August 2019
Poznań, Poland
Europe/Warsaw timezone
programme last update: 23 August 2019
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Customary laws in natural resource management and sustainable development: issues and challenges for indigenous communities in Asia

Place

Location: Poznań, Poland
Date: 29 Aug 11:00 - 17:15

Description

Room 3.160

Dispossession of traditional lands and natural resources is one of the major problems of the indigenous/tribal peoples all over the world. Very recently, the Millennium Development Goals, Convention on Biological Diversity (CBD) Act and several regional and thematic workshops have realised that the security of rights to territories, lands and natural resources of the indigenous/tribal communities is the most powerful indicator relevant to indigenous people’s well-being and sustainable development. A global synthesis report on Indicators of Indigenous Peoples’ Well-being, Poverty and Sustainability was submitted to the UN Permanent Forum on Indigenous Issues in 2008. It stressed that the process of dispossession has been going on for centuries, first as a result of the intrusion of colonial systems and the ever growing search for rich agricultural areas and natural wealth; today, as a result of development policies and globalization. The positivist school of legal jurisprudence along with market oriented economist argue that the rule of law having organized government and legal commands guarantees private property rights in the modern state societies and governance. contrary to it, the empirical/anthropological findings on cases for and against the public production of law and enforcement from the primitive legal systems are questioning; the legal positivists because they apparently represent examples of law and order without a state government and economists who assume that the state must establish and enforce private property rights. This panel tries to explore instances of conflict between customary/depoliticised laws of indigenous communities and the politicised/provincial laws of the modern state worldwide.

Conveners

  • P 39.1
    • Dr. BISWAL, DEBENDRA (CENTRAL UNIVERSITY OF JHARKHAND)
    • Dr. DANTAS, JOAO (FEDERAL UNIVERSITY OF SERGIPE)
    • Dr. POLESE, ABEL (TALLIN UNIVERSITY)
  • P 39.2
    • Dr. BISWAL, DEBENDRA (CENTRAL UNIVERSITY OF JHARKHAND)
    • Dr. DANTAS, JOAO (FEDERAL UNIVERSITY OF SERGIPE)
    • Dr. POLESE, ABEL (TALLIN UNIVERSITY)

Timetable | Contribution List

Displaying 10 contributions out of 10
Conservation of natural resources remains an overriding concern for developing nations. Market forces often motivate strategies towards the conservation of natural resources, which have limited scope and misplaced priorities. Tribal communities possess customary management techniques, which needs to be, incorporated in general framework for the conservation of resources. Local ecological knowledge ... More
Presented by Mrinal MANJARI
Tribal communities in India are having a predominantly distinct system of self-governance. It has successfully worked in establishing an orderly structure of their social habitation. Each tribal community in India is having its own system of governance. Of many in India, the system of governance among tribal communities of Jharkhand known as pathalgadi has its own distinctness. It has evolved by t ... More
Presented by Dr. Ashok NIMESH on 29/8/2019 at 11:40
One school of statutory state environmental laws argue that the indigenous and local communities are alienated from their traditional knowledge on bio-resources, access to genetic resources and the fair and equitable sharing of benefits arising from their utilization under the Intellectual Property and Access to Benefit Sharing (ABS) paradigm. These are designed to protect commercial inventions an ... More
Presented by Dr. DEBENDRA BISWAL on 29/8/2019 at 9:00
At first instance folklore and conservation seems to be parts of entirely different domains. Folklore is taken as material of language and literature whereas conservation is matter of environmental science. This article strives to connect each other in the context of the indigenous peoples of Jharkhand, India. Jharkhand is a rich place in terms of natural resources. Literal meaning of Jharkhand ... More
Presented by Dr. Walter BECK on 29/8/2019 at 15:30
The situation become worst when the concurrent government tried to amend the Chhotanagpur Tenancy Act. The anger burst out in the form of pathalgadi. Pathalgadi is basically a way to demarcate the territories of Mundari villages. The Pathalgadis have accused the government of snatching away the rights of the tribal people of Jharkhand, while the government has declared them illegal. The situation ... More
Presented by Dr. GangaNath JHA on 29/8/2019 at 11:20
The tribal inhabited land of Jharkhand and Odisha remained in controversy over issues of development and displacement in India. The tribal communities which were historically ostracized from mainstream have hardly attained any development. Jharkhand and Odisha which together constitutes to one of the largest deposits of natural resources in India have unfortunately deprived its tribal people from ... More
Presented by SHILPI DOODWAL on 29/8/2019 at 12:20
Pallar is an ancient Tamil community living Tamil Nadu, one of the southern states of India, and since the Sangam age it is associated with agriculture activities and known for the management of water resources. This paper studies their folklore, water management system and legal issues involved. A vast amount of Sangam literature and other archaeological findings are pieces of evidence for their ... More
Presented by Dr. Muthiah RAMAKRISHNAN on 29/8/2019 at 16:10
Governance in relation to land revolves around four major issues- land ownership, land rights, land acquisition, transfer & alienation and land holding status. In India, A large number of areas predominantly inhabited by Adivasis had been declared to be Excluded/Partially Excluded Areas during the British period. After the Constitution of India came into effect, the Fifth and Sixth Schedules w ... More
Presented by NIBEDITA BHOI on 29/8/2019 at 12:00
In Laos, the people have long asserted their land rights based on customary laws in which the right to use any portion of land is attributed to the person who cleared it first. The legislation governing land titles was established only in the late 1990s, it does not favor local communities protecting their land rights, but rather facilitates state seizure of lands that have been used without legal ... More
Presented by Dr. Tomoko NAKATA on 29/8/2019 at 15:50
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