Search results for: indigenous rights

Authors: Emily Arangote

Abstract:

This paper defined the association between the indigenous knowledge, cultural practices and the ecosystem its implication to the environmental education to the farmers. Farmers recognize the need for sustainability of the ecosystem they inhabit. The cultural practices of farmers on use of indigenous pest control, use of insect-repellant plants, soil management practices that suppress diseases and harmful pests and conserve soil moisture are deemed to be ecologically-friendly. Indigenous plant materials that were more drought- and pest-resistant were grown. Crop rotation was implemented with various crop seeds to increase their disease resistance. Multi-cropping, planting of perennial crops, categorization of soil and planting of appropriate crops, planting of appropriate and leguminous crops, alloting land as watershed, and preserving traditional palay seed varieties were found to be beneficial in preserving the environment. The study also found that indigenous knowledge about crops are still relevant and useful to the current generation. This ensured the sustainability of our environment and incumbent on policy makers and educators to support and preserve for generations yet to come.

Keywords: cultural practices, ecosystem, environmental education, indigenous knowledge

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Authors: Foluke Abimbola

Abstract:

There are two separate groups of a recognised body of human rights. These are known as Civil and Political Rights, and Economic and Social Rights. There is however an impression that civil and political rights are enforceable in courts while socio-economic rights are not. Nigeria is an example of one of such countries whose constitution has social, economic and cultural rights’ provisions as well as civil and political rights. However, the socio-economic rights provided in the Nigerian constitution are not justiciable or are unenforceable in a court of law. On the other hand, a comparative examination of the socio-economic right provisions in the South African constitution and judgments of the constitutional court of South Africa reveals that socio-economic rights may be enforceable. This position may ensure the protection of the socio-economic rights of the poor and vulnerable groups. These rights include the rights to food, adequate shelter, health, and education. Moreover, the African Charter on Human and Peoples’ Rights (African Charter) which incorporates similar socio-economic right provisions, has been recognized as a domestic law in Nigeria and its provisions are enforceable by the domestic courts by virtue of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004. It is not only a regional treaty signed and adopted by Nigeria but has been passed into law by the National Assembly and can be enforced like any other local law. This paper will propose that in view of the provisions of the African Charter and mechanisms for implementation as well as other international conventions and national constitutional provisions on human rights, domestic courts may be able to assess state responsibilities in the light of socio-economic rights. Cases decided by South African courts and other jurisdictions will be discussed in order to lend weight to the notion that socio-economic rights can be enforced in jurisdictions such as Nigeria even though the constitution provides otherwise.

Keywords: african charter, constitutional court of south africa, nigerian constitution, socio-economic rights, south african constitution

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Authors: Neha Tiwari

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Rights are prerequisite for individuals to pursue their aims and enrich themselves. Laski has said rights are, ‘conditions of social life without which no man can seek himself at his best.’ However with superior technology, rights of many individuals are at stake as well. One such sufferer is the babies born out of the practice of commercial surrogacy. Commercial surrogacy has emerged as the most viable option for the childless couples. The practice has garnered lot of debate in both academia and media. Some argue for a complete ban and some for strict rules and regulation. Most of the time the debate is regarding the rights of the surrogate, something which we cannot ignore. Equally important are the rights of the children born out of such arrangements. However, not much attention is being paid to them. Recently, a controversy emerged when a surrogate gave birth to twins. One of the babies, Gammy born with down syndrome was left behind by the couple. Gammy could die because his poor Thai surrogate mother may not be able to pay for his treatment. Even if he survives, he will never know his twin sister as her identity would never be disclosed. This is just one of many such cases where the future of such babies is being played with. If the rights of these children are not taken care of many of them will have to bear the brunt of society's ignorance and perhaps live with a scar which won't heal in their lifetime.

Keywords: babies, commercial surrogacy, rights, technology

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Authors: Lisa Tragbar

Abstract:

In post-war scenarios, reconstruction is a principle towards creating a Just Peace in order to restore a stable post-war society. Just peace theorists explore normative behaviour after war, including the duties and responsibilities of different actors and peacebuilding strategies to achieve a lasting, positive peace. Environmental peace ethicists have argued for including the role of nature in the Ethics of War and Peace. This text explores the question of why and how to rethink the value of nature in post-war scenarios. The aim is to include the rights of nature within a maximalist account of reconstruction by highlighting sumak kawsay in the post-war period. Destruction of nature is usually considered collateral damage in war scenarios. Common universal standards for post-war reconstruction are restitution, compensation and reparation programmes, which is mostly anthropocentric approach. The problem of reconstruction in the aftermath of war is the instrumental value of nature. The responsibility to rebuild needs to be revisited within a non-anthropocentric context. There is an ongoing debate about a minimalist or maximalist approach to post-war reconstruction. While Michael Walzer argues for minimalist in-and-out interventions, Alex Bellamy argues for maximalist strategies such as the responsibility to protect, a UN-concept on how face mass atrocity crimes and how to reconstruct peace. While supporting the tradition of maximalist responsibility to rebuild, these normative post-Bellum concepts do not yet sufficiently consider the rights of nature in the aftermath of war. While reconstruction of infrastructures seems important and necessary, concepts that strengthen the intrinsic value of nature in post-bellum measures must also be included. Peace is not Just Peace without a thriving nature that provides the conditions and resources to live and guarantee human rights. Ecuador's indigenous philosophy of life can contribute to the restoration of nature after war by changing the perspective on the value of nature. The sumak kawsay includes the de-hierarchisation of humans and nature and the principle of reciprocity towards nature. Transferring this idea of life and interconnectedness to post-war reconstruction practices, post bellum perpetrators have restorative obligations not only to people but also to nature. This maximalist approach would include both a restitutive principle, by restoring the balance between humans and nature, and a retributive principle, by punishing the perpetrators through compensatory duties to nature. A maximalist approach to post-war reconstruction that takes into account the rights of nature expands the normative post-war questions to include a more complex field of responsibilities. After a war, Just Peace is restored once not only human rights but also the rights of nature are secured. A minimalist post-bellum approach to reconstruction does not locate future problems at their source and does not offer a solution for the inclusion of obligations to nature. There is a lack of obligations towards nature after a war, which can be changed through a different perspective: The indigenous philosophy of life provides the necessary principles for a comprehensive reconstruction of Just Peace.

Keywords: normative ethics, peace, post-war, sumak kawsay, applied ethics

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Authors: Ahmed El-Ghorab

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Indigenous foods are promising sources of various chemical bioactive compounds such as vitamins, phenolic compounds and carotenoids. Therefore, the presence o different bioactive compounds in fruits could be used to retard or prevent various diseases such as cardiovascular and cancer. This is an update report on nutritional compositions and health promoting phytochemicals of different indigenous food . This different type of fruits and/ or other sources such as spices, aromatic plants, grains by-products, which containing bioactive compounds might be used as functional foods or for nutraceutical purposes. most common bioactive compounds are vitamin C, polyphenol, β- carotene and lycopene contents. In recent years, there has been a global trend toward the use of natural phytochemical as antioxidants and functional ingredients, which are present in natural resources such as vegetables, fruits, oilseeds and herbs.. Our future trend the Use of Natural antioxidants as a promising alternative to use of synthetic antioxidants and the Production of natural antioxidant on commercial scale to maximize the value addition of indigenous food waste as a good source of bioactive compounds such as antioxidants.

Keywords: bioactive compounds, antioxidants, by-product, indigenous foods, phenolic compounds

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Authors: Muhammad Ilham Agus Salim

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This study aims to reconstruct the discourse of human rights which focused on the issue of freedom of religion/belief (FORB) in Indonesia. This topic always has an appeal considering the development of Islam, both as a phenomenon of religion as well as social and political phenomenon, always in touch with human rights issues. For the majority, Islam is involved in human rights discourse needs to be viewed as a natural thing as it also occurs in the majority group in other countries. The natural state is increasingly gaining affirmation when also considering the doctrine of Islam which is also related to human rights. So the involvement of Islamic parties to human rights talks in Indonesia is not as excessive when considering the sociological position and character of Islamic doctrine. But because of who made the object of conversation, namely human rights and particularly freedom of religion or belief again, not something that is taken for granted, then the diversity within Islam itself impossible can be avoided. In this study the diversity of views presented in the trial which categorically can be grouped into two views, namely: inclusive and exclusive.

Keywords: Islam doctrine, Islamic parties, human rights, freedom of religion

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Authors: Nqobizwe Mvelo Ngema

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The right to equality has been accepted as one of the principles of jus cogens since the Second World War and it is protected in numerous international and regional human rights instruments. The convention on the elimination of all forms of discrimination against women (CEDAW) is a comprehensive document that serves as the international Bill of Rights for women and it prohibits polygamy. This paper examines whether the most unusual customary practice of polyandry would serve as a solution in elevating the status of women to be on par with that of man that are polygamists or not. This paper concludes by arguing that polyandry cannot solve the problem of inequalities that are confronted by women because even in polyandrous societies there is male domination that is detrimental to the equality rights of women.

Keywords: human rights, polygamy, polyandry, polygyny

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Authors: Nithyananda K. V.

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Organizations follow various strategies for managing their intellectual property rights, either in the form of securing IP rights or using such IP rights through leveraging, monetizing, and commercializing them. It is well known that organizations adopt different intellectual property strategies in response to other organizations within the industry. But within an organization, and within the products that are being manufactured and sold by it, the strategies for managing its intellectual property rights keep changing at different stages of the product life cycle. Organizations could adopt not only different strategies for managing its intellectual property rights, but could also adopt different kinds of business models to leverage, monetize, and commercial the IP rights. This paper analyzes the various strategies that can be adopted by organizations to manage its IP rights at different stages of the product life cycle and the rationale for adopting such strategies. This would be a secondary research, based solely on the literature of strategic management, new product development, resource-based management, and the intellectual property management. This paper synthesizes the literature from these streams to propose a conceptual framework of strategies that can be adopted by organizations for managing its IP rights in conjunction with the life cycle of the products that it manufactures and sells in the market. This framework could be adopted by organizations in implementing strategies for effectively managing their IP rights.

Keywords: intellectual property strategy, management of intellectual property rights, New product development, product life cycle

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Authors: Murni Sianturi, Andreas Au Hurit

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The low level of Indigenous Papuan students’ literacy and numeracy in Merauke Regency-Indonesia needs to be considered. The development of a learnable storybook with pictures related to their lives might raise their curiosity to read. This study aimed to design a storybook as a complementary resource for the third graders using Indigenous Malind cultural approaches by employing research and development methods. The product developed was a thematic-integrative picture storybook using funds of knowledge from Indigenous students. All the book contents depicted Indigenous students’ lives and were in line with the national curriculum syllabus, specifically representing one sub-theme−multiplication topic. Multiplication material of grade 3 was modified in the form of a story, and at the end of the reading, students were given several multiplication exercises. Based on the results of the evaluation from the expert team, it was found that the average score was in the excellent category. The students’ and teacher’s responses to the storybook were very positive. Students were thrilled when reading this book and also effortlessly understood the concept of multiplication. Therefore, this book might be used as a companion book to the main book and serve as introductory reading material for students prior to discussing multiplication material.

Keywords: a picture storybook, funds of knowledge, Indigenous elementary students, literacy, numeracy

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Authors: Miftahuddin Khilji

Abstract:

The concept of human right is not alien to Islam. The Shari‘ah requires all its followers the sense of responsibility to perform their duties first and then claim their rights. This eventually guarantees the protection of human rights and ensures a peaceful society. The ultimate goal of Shari‘ah is to preserve five basic necessities which are also known as Maqasid ul Shari‘ah or Objectives of Islamic Law. This goal ensures for the members of society their rights without harming public welfare. Despite of the fact that human rights have been fully guaranteed by Islam and their compliance is required by Allah Almighty; not by any legislative body or other sovereign such as kings etc. However, many western writers, organizations and so called liberal thinkers try to create concerns, doubts and misconceptions in minds of the society members. A number of issues are pointed out and people are misguided about the concept of human rights in Islam. This paper aims to discuss main the concept of human rights in the light of perfect and balanced system of laws and principles of Shari‘ah and address those misconceptions and doubts by analyzing them and answering to questions raised about the subject. It would be an effort to prove that human rights are much more significant to Shari‘ah more than any other national or international legislative body.

Keywords: human rights, Islamic law, law, Shariah

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Authors: Renee P. Baang, Romeo M. del Rosario, Nenita D. Palmes

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The crude methanol extracts of five indigenous vegetables namely, Amarathus tricolor, Basella rubra L, Chochurus olitorius L., Ipomea batatas, and Momordica chuchinensis L., were examined for their phytochemical profile and antioxidant activity using 1,1-diphenyl-2-picrylhydrazyl (DPPH) free radical. The values for DPPH radical scavenging activity ranged from 7.6-89.53% with B. rubra and I. batatas having the lowest and highest values, respectively. The total flavonoid content of all five indigenous vegetables ranged from 74.65-277.3 mg quercetin equivalent per gram of dried vegetable material while the total phenolic content ranged from 1.93-6.15 mg gallic acid equivalent per gram dried material. Phytochemical screening revealed the presence of steroids, flavonoids, saponins, tannins, carbohydrates and reducing sugars, which may also be associated with the antioxidant activity shown by these indigenous vegetables.

Keywords: antioxidant, DPPH radical scavenging activity, Philippine İndigenous vegetables, phytochemical screening

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Authors: Igor Michel Gachig, Samanta Tiague

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Baka ‘Pygmies’ is an indigenous community living in the rainforest region of Cameroon. This community is known to be poor and marginalized from the political, economic and social life, regardless of sedentarization and development efforts. In fact, the social exclusion of ‘Pygmy’ people prevents them from gaining basic citizen’s rights, among which access to education, land, healthcare, employment and justice. In this study, social interactions, behaviors, and perceptions were considered. An interview guide and focus group discussions were used to collect data. A sample size of 97 was used, with 60 Baka Pygmies and 37 Bantus from two Baka-Bantu settlements/villages of the south region of Cameroon. The data were classified in terms of homogenous, exhaustive and exclusive categories. This classification has enabled factors explaining social exclusion in the Baka community to be highlighted using content analysis. The study shows that (i) limited access to education, natural resources and care in modern healthcare organizations, and (ii) different views on the development expectations and integration approaches both highlight the social exclusion in the Baka ‘Pygmies’ community. Therefore, an effective and adequate social integration of ‘Pygmies’ based on cultural peculiarities and identity, as well as reduction of disparities and improvement of their access to education should be of major concern to the government and policy makers.

Keywords: development, indigenous people, integration, social exclusion

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Authors: Suzanne L. Stewart, Sarah J. Ponton, Mikaela D. Gabriel, Roy Strebel, Xinyi Lu

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Indigenous Peoples have faced unique barriers to accessing and receiving culturally safe and appropriate mental health care while also facing daunting rates of mental health diagnoses and comorbidities. Indigenous researchers and clinicians have well established the connection of the current mental health issues in Indigenous communities as a direct result of colonization by way of intergenerational trauma throughout Canada’s colonial history. Such mental health barriers and challenges have become exacerbated during the COVID-19 pandemic. Throughout the pandemic, access to mental health, cultural, ceremonial, and community services were severely impacted and restricted; however, it is these same cultural activities and community resources that are key to supporting Indigenous mental health from a traditional and community-based perspective. This research employed a unique combination of a thorough, analytical scoping review of the existent mental health literature of Indigenous mental health in the COVID-19 pandemic, alongside narrative interviews employing an oral storytelling tradition methodology with key community informants that provide comprehensive cultural services to the Indigenous community of Toronto, as well as across Canada. These key informant interviews provided a wealth of insights into virtual transitions of Indigenous care and mental health support; intersections of historical underfunding and current financial navigation in technology infrastructure; accessibility and connection with Indigenous youth in remote locations; as well as maintaining community involvement and traditional practices in a current pandemic. Both the scoping review and narrative interviews were meticulously analyzed for overarching narrative themes to best explore the extent of the literature on Indigenous mental health and services during COVID-19; identify gaps in this literature; identify barriers and supports for the Indigenous community, and explore the intersection of community and cultural impacts to mental health. Themes of the scoping review included: Historical Context; Challenges in Culturally-Based Services; and Strengths in Culturally-Based Services. Meta themes across narrative interviews included: Virtual Transitions; Financial Support for Indigenous Services; Health Service Delivery & Wellbeing; and Culture & Community Connection. The results of this scoping review and narrative interviews provide wide application and contribution to the mental health literature, as well as recommendations for policy, service provision, autonomy in Indigenous health and wellbeing, and crucial insights into the present and enduring mental health needs of Indigenous Peoples throughout the COVID-19 pandemic.

Keywords: indigenous community services, indigenous mental health, indigenous scoping review, indigenous peoples and Covid-19

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Authors: Odoh Dickson Akpegi

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The paper is about the need for an indigenous language in order to meaningfully harness both our human and material resources for the nation’s integration. It then examines the notty issue of the national language question and advocates a piece meal approach in solving the problem. This approach allows for the development and use of local languages in minority areas, especially in Benue State, as a way of preparing them for consideration as possible replacement for English language as Nigeria’s national or official language. Finally, an arrangement to follow to prepare the languages for such competition at the national level is presented.

Keywords: indigenous language, English language, official language, National integration

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Authors: A. M. Omoare, E. O. Fakoya

Abstract:

This study sought to determine the use of indigenous knowledge for selected arable crops production in Ondo Sate. A multistage sampling method was used and 112 arable crops farmers were systematically selected. Data were analyzed using both descriptive and inferential statistics. The results showed that majority of the sampled farmers were male (75.90%). About 75% were married with children. Large proportion of them (62.61%) were within the ages of 30-49 years. Most of them have spent about 10 years in farming (58.92%). The highest raw scores of use of indigenous knowledge were found in planting on mound in yam production, use of native medicine and scare crow method in controlling birds in rice production, timely planting of locally developed resistant varieties in cassava production and soaking of maize seeds in water to determine their viability with raw scores of 313, 310, 305, 303, and 300 respectively, while the lowest raw scores was obtained in use of bell method in controlling birds in rice production with raw scores of 210. The findings established that proverbs (59.8%) and taboos (55.36%) were the most commonly used media in transmitting indigenous knowledge by arable crop farmers. The multiple regression analysis result revealed that age of the farmers and farming experience had a significant relationship with the use of indigenous knowledge of the farmers which gave R2 = 0.83 for semi log function form of equation which is the land equation. The policy implication is that indigenous knowledge should provide basis for designing modern technologies to enhance sustainable agricultural development.

Keywords: crop production, extent of use, indigenous knowledge, arable crops

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Authors: Lynamata Chhun

Abstract:

Human Rights enforcement in the newly independent countries like Asian and African has always been penetrating issues. In spite, the existing of the Universal Declaration of Human Rights (UDHR), regions like Africa and Asia where values and cultural norms far differ from the concept had formed their own Human Rights instruments to tackle Human Rights issues in their regions instead of embracing the concept of UDHR completely. ASEAN Human Rights Declaration is one of the examples. This paper aims to examine the enforcement of Human Rights in South East Asia in the context of ASEAN regional integration. Precisely, the author attempts to analyse the effectiveness in undertaking Human Rights issues in the region by applying both the existing international and regional frameworks using the Myanmar Rohingya Crisis as the case study. The methodology of the paper is qualitative analysis where cross-impact analysis is employed to examine the case study. It is anticipated that the main findings of this paper will illuminate how applicable the international instruments are in comparison to the regional instruments in apprehending the human rights issues and will shed light on how ASEAN and dialogue partners should cooperate in the future regarding with the challenging issues of Human Rights in the region.

Keywords: ASEAN Human Rights Declaration, ASEAN integration, ASEAN way, international and regional instruments, Universal Declaration of Human Rights

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Authors: Eliziane Navarro

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It is intended, in this study, from some poems from the work of the poet and Bishop of São Félix do Araguaia-MT Brazil Dom Pedro Casaldáliga, to analyze his poetics from the perspective of the environmental law. In his work, Casaldáliga made a considerable manifest against the oppression experienced especially by Xavante people inside the constryside of the state of Mato Grosso when some government programs benefited a large number of landowners in instead of that minority as a power and control self-affirmation process. The attention which Casaldáliga dismissed to the cause of indigenous eviction of their land called Maraiwatsede resulted in numerous death threats against the poet who was not silenced in face of the landowners’ grievances. His voice contributed significantly to the process of land returning to the indigenous people. Because of the international pressure, the Italian company AGIP, owner of the land, tried to return it to the hands of the indigenous, unfortunately, in the middle of the process, the land was occupied by politicians and big landowners of the region. Another objective of this research is to check the connection of his testimonial literature with the actual legal context of the state in the 50s and also to analyze his poetry as a complaint that led the cause of the state's indigenous to the Eco 92 discussion in Rio de Janeiro.

Keywords: law and literature, Brazil, indigenous, Pedro Casaldáliga

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Authors: Nadia K. Thalji

Abstract:

The shamanic odyssey of Hushahu, a courageous indigenous woman from the Amazon, reverberates with profound significance, resonating far beyond the confines of her tribal boundaries. This abstract explores Hushahu's transformative journey, which serves as a beacon of empowerment for indigenous women across the Amazon region. Hushahu's narrative unfolds against the backdrop of entrenched gender norms and colonial legacies that have historically marginalized women from spiritual leadership and ritual practices. Despite societal expectations and entrenched traditions, Hushahu boldly embraces her calling as a shaman, defying cultural constraints and challenging prevailing gender norms. Her journey represents a symbolic uprising against centuries of patriarchal dominance, offering a glimpse into the resilience and strength of indigenous women. Drawing upon Jungian psychology, Hushahu's quest can be understood as a profound exploration of the symbolic dimensions of the psyche. Through Hushahu’s initiation rituals and visionary experiences, the initiate embarks on a transformative journey of self-discovery, encountering archetypal symbols and tapping into the collective unconscious. Symbolism permeates the path, guiding Hushahu through the depths of the rainforest and illuminating the hidden realms of consciousness. Central to Hushahu's narrative is the theme of empowerment—a theme that transcends individual experience to catalyze broader social change. As Hushahu finds a voice amidst the echoes of ancestral wisdom, the journey inspires a ripple effect of empowerment throughout indigenous communities. Other women within Hushahu's tribe and neighboring societies are emboldened to challenge traditional gender roles, stepping into leadership positions and reclaiming their rightful place in spiritual practices. The resonance of Hushahu's journey extends beyond the Amazon, reverberating across cultural boundaries and igniting conversations about gender equality and indigenous rights. Through courageous defiance of cultural norms, Hushahu emerges as a symbol of resilience and empowerment, offering hope and inspiration to marginalized women around the world. In conclusion, Hushahu's shamanic journey embodies the sacred echoes of empowerment, echoing across generations and landscapes. The story serves as a testament to the enduring power of the human spirit and the transformative potential of reclaiming one's voice in the face of adversity. As indigenous women continue to rise, Hushahu's legacy stands as a beacon of hope, illuminating the path towards a more equitable and inclusive world.

Keywords: shamanic leadership, indigenous empowerment, gender norms, cultural transformation

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Authors: Shierwin Agagen Cabunilas

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The unitary form of Philippine government has built a tradition of bureaucracy that strengthened oligarch and clientele politics. Consequently, the Philippines is lagged behind development. There is so much poverty, unemployment, and inadequate social services. In addition, it seems that the rights of national ethnic minority groups like the Igorots to develop their political and economic interests, linguistic and cultural heritage are neglected. Given these circumstances, a paradigm shift is inevitable. The author advocates a transition from a unitary to a federal system of government. Contrary to the notion that a unitary system facilitates better governance, it actually stifles it. As a unitary government, the Philippines seems (a) to exhibit incompetence in delivering efficient, necessary services to the people and (b) to exclude the minority from political participation and policy making. This shows that Philippine unitary system is highly centralized and operates from a top-bottom scheme. However, a federal system encourages decentralization, plurality and political participation. In my view, federalism is beneficial to the Philippine society and congenial to the Igorot indigenous peoples insofar as participative decision-making and development goals are concerned. This research employs critical and constructive analyses. The former interprets some complex practices of Philippine politics while the latter investigates how theories of federalism can be appropriated to deal with political deficits, ethnic diversity, and indigenous peoples’ rights to self-determination. The topic is developed accordingly: First, the author briefly examines the unitary structure of the Philippines and its impact on inter-governmental affairs and processes, asserting that bureaucracy and corruption, for example, are counterproductive to a participative political life, to economic development and to the recognition of national ethnic minorities. Second, he scrutinizes why federalism might transform this. Here, he assesses various opposing philosophical contentions on federal system in managing ethnically diverse society, like the Philippines, and argue that decentralization of political power, economic and cultural developments are reasons to exit from unitary government. Third, he suggests that federalism can be instrumental to Igorots self-determination. Self-determination is neither opposed to national development nor to the ideals of democracy – liberty, justice, solidarity. For example, as others have already noted, a politics in the vernacular facilitates greater participation among the people. Hence, there is a greater chance to arrive at policies that serve the interest of the people. Some may wary that decentralization disintegrates a nation. According to the author, however, the recognition of minority rights which includes self-determination may promote filial devotion to the state. If Igorot indigenous peoples have access to suitable institutions to determine their political life, economic goals, social needs, i.e., education, culture, language, chances are it moves the country forward to development fostering national unity. Remarkably, federal system thus best responds to the Philippines’s democratic and development deficits. Federalism can also significantly rectify the practices that oppress and dislocate national ethnic minorities as it ensures the creation of localized institutions for optimum political, economic, cultural determination and maximizes representation in the public sphere.

Keywords: federalism, Igorot, indigenous peoples, self-determination

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Authors: Seraphina Bakta

Abstract:

In many societies in Africa, it is a taboo to speak, let alone to practice or in any way to engage in matters relating to sexual and reproductive health. For instance, girls using contraceptives may be labeled prostitutes, and married women using family planning methods may be divorced on account that they are disobedient to their husbands as they do not want to bear children. As such, sexual and reproductive health as a right is still very far from reality to many men and women. To a large extent, the objections are mainly backed up in culture, which is deeply rooted in many African traditions. While such culture have both the good and bad side, the African Charter on Human and Peoples Rights has identified the bad ones as’ harmful cultural practices. This paper argues that, while cultural norms may hinder the realization of human rights, adopting a human rights based approach to address harmful cultural practices is likely, the best approach to realizing women’s rights to sexual and reproductive health rights in Africa.

Keywords: rights, culture, health, women

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Authors: Girma Y. Iyassu Menelik

Abstract:

“The world is now like a global village!” so goes the saying that shows that due to development and technology the countries of the world are now closely linked. In the field of Human rights there is a close relationship in the way that rights are recognised and enforced. This paper will show that human rights have evolved from ancient times through important landmarks such as the Magna Carta, the French Declaration of Rights of Man and of the Citizen and the American Bill of Rights. The formation of the United Nations after the Second World War resulted in the need to codify and protect human rights. There are some rights which are so fundamental that they are found in international and continental instruments, national constitutions and domestic legislation. In the civil and political sphere they include the right to vote, to freedom of association, speech and assembly, right to life, privacy and fair trial. In the economic and social sphere you have the right to work, protection of the family, social security and rights to education, health and shelter. In some instance some rights can be suspended in times of public emergency but such derogations shall be circumscribed by the law and in most constitutions such limitations are subject to judicial review. However, some rights are so crucial that they cannot be derogated from under any circumstances and these include the right to life, recognition before the law, freedom from torture and slavery and of thought, conscience and religion. International jurisprudence has been developed to protect fundamental rights and avoid discrimination on the grounds of race, colour, sex, language or social origin. The elaborate protection system go to show that these rights have become part of the international order and they have universal application. We have now got to a stage where UDHR, ICCPR and ICESCR and have come to be regarded as part of an international bill of rights with horizontal and vertical enforcement mechanisms involving state parties, NGO’s , international bodies and other organs.

Keywords: rights, international, constitutional, state, judiciary

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Authors: A. M. Omoare, E. O. Fakoya

Abstract:

This study sought to determine the use of indigenous knowledge for selected arable crops production in Ondo Sate. A multistage sampling method was used and 112 arable crops farmers were systematically selected. Data were analyzed using both descriptive and inferential statistics. The results showed that majority of the sampled farmers were male (75.90%) About 75% were married with children. Large proportion of them (62.61%) were within the ages of 30-49 years. Most of them have spent about 10 years in farming (58.92%). The highest raw scores of use of indigenous knowledge were found in planting on mound in yam production, use of native medicine and scare-crow method in controlling birds in rice production, timely planting of locally developed resistant varieties in cassava production and soaking of maize seeds in water to determine their viability with raw scores of 313, 310, 305, 303, and 300 respectively, while the lowest raw scores was obtained in use of bell method in controlling birds in rice production with raw scores of 210. The findings established that proverbs (59.8%) and taboos (55.36%) were the most commonly used media in transmitting indigenous knowledge by arable crop farmers. The multiple regression analysis result revealed that age of the farmers and farming experience had a significant relationship with the use of indigenous knowledge of the farmers which gave R2=0.83 for semi-log function form of equation which is the land equation. The policy implication is that indigenous knowledge should provide a basis for designing modern technologies to enhance sustainable agricultural development.

Keywords: Arable Crop Production, extent of use, indigenous knowledge, farming experience

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Authors: Emiliano Castillo

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The aim of this research is to analyze the origins, the development and possible outcomes of the environmental conflict between grassroots organizations, indigenous communities, Kinder Morgan Corporation, and the Canadian government over the Trans Mountain pipeline expansion in Burnaby, British Columbia, Canada. Building on the political ecology and the environmental justice theoretical framework, this research examines the impacts and risks of tar sands extraction, production, and transportation on climate change, public health, the environment, and indigenous people´s rights over their lands. This study is relevant to the environmental justice and political ecology literature because it discusses the unequal distribution of environmental costs and economic benefits of tar sands development; and focuses on the competing interests, needs, values, and claims of the actors involved in the conflict. Furthermore, it will shed light on the context, conditions, and processes that lead to the organization and mobilization of a grassroots movement- comprised of indigenous communities, citizens, scientists, and non-governmental organizations- that draw significant media attention by opposing the Trans Mountain pipeline expansion. Similarly, the research will explain the differences and dynamics within the grassroots movement. This research seeks to address the global context of the conflict by studying the links between the decline of conventional oil production, the rise of unconventional fossil fuels (e.g. tar sands), climate change, and the struggles of low-income, ethnic, and racial minorities over the territorial expansion of extractive industries. Data will be collected from legislative documents, policy and technical reports, scientific journals, newspapers articles, participant observation, and semi-structured interviews with representatives and members of the grassroots organizations, indigenous communities, and Burnaby citizens that oppose the Trans Mountain pipeline. These interviews will focus on their perceptions of the risks of the Trans Mountain pipeline expansion; the roots of the anti-tar sands movement; the differences and dynamics within the movement; and the strategies to defend the livelihoods of local communities and the environment against tar sands development. This research will contribute to the understanding of the underlying causes of the environmental conflict between the Canadian government, Kinder Morgan, and grassroots organizations over tar sands extraction, production, and transportation in Burnaby, British Columbia, Canada. Moreover, this work will elucidate the transformations of society-nature relationships brought by tar sands development. Research findings will provide scientific information about how the resistance movement in British Columbia can challenge the dominant narrative on tar sands, exert greater influence in environmental politics, and efficiently defend Indigenous people´s rights to lands. Furthermore, this research will shed light into how grassroots movements can contribute towards the building of more inclusive and sustainable societies.

Keywords: environmental conflict, environmental justice, extractive industry, indigenous communities, political ecology, tar sands

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Authors: Katherine Anson

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This paper takes a closer look at the use of day-to-day informal working practices in Latin American spatial, cultural activism against gentrification. Through a discursive analysis of the Ecuadorian communally made film documentary San Roque: A House for All (2015), and the study of the political conflict around the gentrification of the place, the essay illustrates how the purposeful showcase of indigenous uses of space claims ownership over the city’s downtown area. This argument concludes that by making visible everyday indigenous ways of production in relation to space, the video contests the neoliberalist aim to proletarianize the urban poor, and therefore, to transform them into a landless group. This approach demonstrates that through representations of their own cultural working practices grassroots organizations consciously deconstruct/contest the capitalist urbanization of space.

Keywords: cultural activism, gentrification, indigenous working traditions, neoliberalism, urban displacement, everyday forms of resistance

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Authors: N. Khanyile, P. Dlamini, M. Masenya

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Background: Most of the population in Africa is still dependent on indigenous medicinal knowledge for treating and managing ailments. Indigenous traditional knowledge owners/practitioners who own this knowledge are consulted by communities, but their knowledge is not known how they get it. The question of how knowledge is acquired and preserved remains one of the biggest challenges in traditional healing and treatment with herbal medicines. It is regrettable that despite the importance and recognition of indigenous medicinal knowledge globally, the details of acquirement, storing and transmission, and preservation techniques are not known. Hence this study intends to unveil the process of acquirement and transmission, and preservation techniques of indigenous medical knowledge by its owners. Objectives: This study aims to assess the process of acquiring and preservation of traditional medicinal knowledge by traditional medicinal knowledge owners/practitioners in uMhlathuze Municipality, in the province of KwaZulu-Natal, South Africa. The study was guided by four research objectives which were to: identify the types of traditional medicinal knowledge owners who possess this knowledge, establish the approach used by indigenous medicinal knowledge owners/healers for acquiring medicinal knowledge, identify the process of preservation of medicinal knowledge by indigenous medicinal knowledge owners/healers, and determine the challenges encountered in transferring the knowledge. Method: The study adopted a qualitative research approach, and a snowball sampling technique was used to identify the study population. Data was collected through semi-structured interviews with indigenous medicinal knowledge owners. Results: The findings suggested that uMhlathuze municipality had different types of indigenous medicinal knowledge owners who possess valuable knowledge. These are diviners (Izangoma), faith healers (Abathandazi), and herbalists (Izinyanga). The study demonstrated that indigenous medicinal knowledge is acquired in many different ways, including visions, dreams, and vigorous training. The study also revealed the acquired knowledge is preserved or shared with specially chosen children and trainees. Conclusion: The study concluded that this knowledge is gotten through vigorous training, which requires the learner to be attentive and eager to learn. It was recommended that a study of this nature be conducted but at a broader level to enhance an informed conclusion and recommendations.

Keywords: preserving, indigenous medicinal knowledge, indigenous knowledge, indigenous medicinal knowledge owners/practitioners, acquiring

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Authors: Jocelyn Jones

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The objective of this literature review is to provide an assessment of the current literature concerning gender-based violence (GBV) within indigenous communities in Argentina and Costa Rica, and various public intervention strategies that have been implemented to counter the increasing rates of violence within these populations. The review will address some of the unique challenges and contextual factors influencing the prevalence and response to such violence, including the enduring impact of colonialism on familial structures, community dynamics, and the perpetuation of violence. Drawing on indigenous feminist perspectives, the paper critically assesses the intersectionality of gender, ethnicity, and socio-economic status in shaping the experiences of indigenous women, men, and gender-diverse individuals. In comparing the two nations, the literature review identifies commonalities and divergences in policy frameworks, legal responses, and grassroots initiatives aimed at addressing GBV. Regarding the assessment of the efficacy of existing interventions, the paper will consider the role of cultural revitalization, community engagement, and collaborative efforts between indigenous communities and external agencies in the development of future policies. Moreover, the review will highlight the importance of decolonizing methodologies in research and intervention strategies, and the need to emphasise culturally sensitive approaches that respect and integrate indigenous worldviews and traditional knowledge systems. Additionally, the paper will explore the potential impact of colonial legacies, resource extraction, and land dispossession on exacerbating vulnerabilities to GBV within indigenous communities. The aim of this paper is to contribute to a more in-depth understanding of GBV in indigenous contexts in order to promote cross-cultural learning and inform future research. Ultimately, this review will demonstrate the necessity of adopting a holistic and context-specific approach to address gender-based violence in indigenous communities.

Keywords: gender based violence, indigenous, colonialism, literature review

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Authors: Khumbuzile M. Ngcobo, Seraphin D. Eyono Obono

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Science and technology has a major impact on many societal domains such as communication, medicine, food, transportation, etc. However, this dominance of modern technology can have a negative unintended impact on indigenous systems, and in particular on indigenous foods. This problem serves as a motivation to this study whose aim is to examine the perceptions of learners on the usefulness of Information and Communication Technologies (ICT's) for learning about indigenous foods. This aim will be subdivided into two types of research objectives. The design and identification of theories and models will be achieved using literature content analysis. The objective on the empirical testing of such theories and models will be achieved through the survey of Hospitality studies learners from different schools in the iLembe and Umgungundlovu Districts of the South African Kwazulu-Natal province. SPSS is used to quantitatively analyse the data collected by the questionnaire of this survey using descriptive statistics and Pearson correlations after the assessment of the validity and the reliability of the data. The main hypothesis behind this study is that there is a connection between the demographics of learners, their perceptions on the usefulness of ICTs for learning about indigenous foods and the following personality an e-learning related theories constructs: computer self-efficacy, trust in ICT systems, and conscientiousness; as suggested by existing studies on learning theories. This hypothesis was fully confirmed by the survey conducted by this study except for the demographic factors where gender and age were not found to be determinant factors of learners’ perceptions on the usefulness of ICT's for learning about indigenous foods.

Keywords: e-learning, indigenous foods, information and communication technologies, learning theories, personality

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Authors: Sunayana Basu Mallik, Shishira Prakash

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The inclusion of Rights of Author (Moral and Personal Rights) resonate the century long battle of rights of authors, composers, performers across developed and developing countries (whether following civil law or common law systems). But, the juxtaposition of author’s special, moral, personal rights within the legislative framework of Copyright statutes (Indian Copyright Act, 1957, applicable statutes) underscores the foundational role of the right which goes to the root of the constitutional structure of India and philosophies of political and literary leaders like Mahatma Gandhi and Gurudeb Rabindranath Tagore. In the pre-independence era when the concept of moral rights was unknown to both England and India’s statutory laws, the strategic deployment method of Gandhi, his ideologies and thoughts scripted the concept of moral rights for authors/composers. The preservation of Rabindric Style (Characteristic Tagore’s vocal renditions) by Vishwabharati University (successor in interest for Tagore’s literary and musical compositions) prior to the Copyright Amendment of 1999 recognizing Author’s Special Rights in line with 6bis of Berne Convention invigorates the fact that the right existed intrinsically prior to the legislative amendment. The paper would in addition to the academic probe carry out an empirical enquiry of the institution’s (Navjivan Trust and Vishwa Bharati University’s) reasoning on the same. The judicial discourse and transforming constitutional ideals between 1950s till date in India alludes Moral Rights to be an essential legal right which have been reasoned by Indian Courts based on the underlying philosophies in culture, customs, religion wherein composers and literary figures have played key roles in enlightening and encouraging the members of society through their literary, musical and artistic work during pre-independence renaissance of India. The discourses have been influenced by the philosophies reflected in the preamble of the Indian constitution, ‘socialist, secular, democratic republic’ and laws of other civil law countries. Lastly, the paper would analyze the adjudication process and witness involvement in ascertaining violations of moral rights and further summarize the indigenous and country specific economic thoughts that often chisel decisions on moral rights of authors, composers, performers which sometimes intersect with author’s right of privacy and against defamation. The exclusivity contracts or other arrangements between authors, composers and publishing companies not only have an erosive effect on each thread of moral rights but irreparably dents factors that promote creativity. The paper would also be review these arrangements in view of the principles of unjust enrichment, unfair trade practices, anti-competitive behavior and breach of Section 27 (Restrain of Trade) of Indian Contract Act, 1857. The paper will thus lay down the three pillars on which author’s rights in India should namely rest, (a) political and judicial discourse evolving principles supporting moral rights of authors; (b) amendment and insertion of Section 57 of the Copyright Act, 1957; (c) overall constitutional framework supporting author’s rights.

Keywords: copyright, moral rights, performer’s rights, personal rights

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Authors: Hebert Sihle Ntuli

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Traditional cultural practices mirror or replicate the values and beliefs held by members of the community. Throughout the world, every social grouping has specific traditional practices, some of which are beneficial to all, while others have become harmful to specific group such as women. Like in some African states, these traditional cultural practices are performed in South Africa and are violating women’s rights. Women’s rights are human rights. The South African Constitution is one of the most progressive in the world, and notable includes the Bill of Rights which provides protection of socio-economic and cultural rights. Cultural rights are protected in Section 30 and 31 of the constitution, although such protection is not without limitation. This highly complex interplay and competition between human rights and cultural rights, which are manifested through cultural practices, is the golden thread that traces through this paper. The paper argues that there is conflict and the lack of balance between diverse cultural and legal or constitutional framework which promotes the value of human dignity and equality, especially for women. These practices are reviewed in connection with the South African government laws. This work adopted qualitative research method.

Keywords: cultural practices, conflict, South African constitution, laws

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Authors: Ugwu Chukwuka E.

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The African context of human right instruments as recognized today can be traced to Africa’s relationship with the Western World. A significant preponderance of these instruments are found in both colonial and post colonial statutes as the colonial laws, the post colonial legal documents as constitutions or Africa’s adherence to relevant international instruments on human rights as the Universal Declaration of Human Rights (1948) and the African Charter on Human and Peoples’ Rights (1981). In spite of all these human rights instruments inherent in the African continent, it is contended in this paper that, these Western-oriented notion of human rights, emphasizes rights that hardly meets the current needs of contemporary African citizens. Adopting a historical research methodology, this study interrogates the dynamics of the African poverty context in relation to the implementation of human rights instruments in the continent. In this vein, using human rights and poverty scenarios from one Anglophone (Uganda) and one Francophone (Senegal) countries in Africa, the study hypothesized that, majority of Africans are not in a historical condition for the realization of these rights. The raison d’etre for this claim emerges from the fact that, the present generations of African hoi polloi are inundated with extensive powerlessness, ignorance, diseases, hunger and overall poverty that emasculates their interest in these rights instruments. In contrast, the few Africans who have access to the enjoyment of these rights in the continent hardly needs these instruments, as their power and resources base secures them that. The paper concludes that the stress of African states and stakeholders on African affairs should concentrated significantly, on the alleviation of the present historical poverty squalor of Africans, which when attended to, enhances the realization of human right situations in the continent.

Keywords: Africa, human rights, poverty, western world

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