Land rights for Indigenous Peoples are a global phenomenon and have become an important part of the liberal democratic state. But despite the promise of restoring land rights to Indigenous Peoples, most land justice frameworks have preserved the status quo in what is a slow and arduous process. In this work, William Nikolakis draws from the diverse experiences of Indigenous and non-Indigenous scholars and legal practitioners across the world to document both persistent barriers to 'Land Back' as well as opportunities to move forward for land justice. By bringing these voices together, Nikolakis seeks to share lessons from the land justice movement with the goal of advancing land rights for Indigenous Peoples across the world. This title is also available as open access on Cambridge Core.
Accessible to a broad audience interested in land justice for Indigenous Peoples, this multidisciplinary book synthesises and presents the challenges and opportunities for advancing land rights, making it useful to academics, practitioners and policy makers. This title is also available as open access on Cambridge Core.
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The first academic evaluation of Indigenous People's land rights from more than fifteen distinct contexts.
1. 'Land back': indigenous peoples and land rights William Nikolakis;
2.
The elusive promise of indigenous land rights in Paraguay: achievements,
challenges and current trends Joel E. Correia, Rodrigo Villagra-Carron and
Marcos Glauser;
3. Recognizing and reclaiming indigenous peoples'
constitutional land rights in Brazil: challenges and opportunities Fernanda
Frizzo Bragato and Jocelyn Getgen Kestenbaum;
4. Indigenous peoples and
territorial rights in Colombia: advances and challenges in the
'implementation gap' Omaira Bolaños Cárdenas and Ricardo Camilo Niño
Izquierdo;
5. Indigenous land rights in Chile: dispossession, misrecognition
and litigation Alexandra Tomaselli;
6. Aboriginal land rights in Australia:
neither national nor uniform Francis Markham and Heidi Norman;
7.
Dispossession by treaty, dispossession by statute: indigenous title in
Eastern and Western Canada Daniel Diamond and Douglas Sanderson (Amo
Binashii);
8. Mâori land law in Aotearoa New Zealand: recognizing land as
tâonga tuku iho Carwyn Jones and Sandra Cortés Acosta;
9. Land rights of
indigenous peoples in the democratic Republic of Congo: 'first come, last
served' Lassana Koné;
10. San land rights in Botswana: a critical analysis
Robert K. Hitchcock, Maria Sapignoli and Smith Moeti;
11. Rights to land
among amazigh peoples in Morocco: the case of the high atlas Ahmed Bendellaa
& d, Ugo D'Ambrosioa, Emily Carusoa, Gary Martina, Soufiane M'Soua, Mari
Carmen Romerab and Pablo Dominguez;
12. Adivasis and land rights in India:
dispossession and the 'implementation gap' Jagannath Ambagudia;
13. Legal
privileges and the effective recognition of indigenous land rights: lessons
from Malaysia Yogeswaran Subramaniam;
14. Indigenous peoples and electoral
politics in Thailand and Cambodia: one strategy to secure land rights in
contested spaces Ian G. Baird;
15. Conclusion: reclaiming land rights under
the pressure of Nation States Insights and future directions from Sápmi
Oula-Antti Labba; Index.
For more than two-decades, William Nikolakis has worked with Indigenous Peoples to secure their rights to lands and resources. William is a professor at the University of British Columbia, where he was instrumental in developing the Bachelor of Indigenous Land Stewardship. He has published more than sixty peer-reviewed publications and four edited books. William is also a practicing lawyer in British Columbia and works closely with First Nations to revitalize the stewardship of their lands.
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