From the Global to the Local: The Development of Indigenous Peoples’ Land Rights Internationally and in Southeast Asia

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Abstract

Despite a noticeable shift in recent years, indigenous peoples in Asia continue to experience many forms of human rights violations, with the most serious perhaps being the loss of traditional lands and territories. The purpose of this article is to examine indigenous peoples' land rights and its application in Southeast Asia. To that end, this article will: provide an overview of the development of indigenous peoples' land rights internationally; offer regional perspectives from the Inter-American Court of Human Rights and the African Commission for Human and Peoples' Rights; analyze the concept of indigenous peoples in Asia, juxtaposing it with concurrent difficulties being experienced on the African continent; and, examine three countries (Cambodia, the Philippines, and Malaysia) that recognize indigenous peoples' land rights to some extent, whether through constitutional amendments, legislative reform, or domestic jurisprudence, and highlight the implementation gap between the rights of indigenous peoples in law and practice.
Original languageEnglish
Pages (from-to)46-88
Number of pages43
JournalAsian Journal of International Law
Volume6
Issue number1
Publication statusPublished - 1 Jan 2016

Keywords

  • Human Rights
  • International Law
  • Indigenous Peoples
  • ASEAN
  • Land Rights
  • Collective Rights
  • Cambodia
  • Malaysia
  • Philippines

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