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Showing items 1 through 9 of 308.
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Library Resource
Applying a Rights Perspective
Asia, Malaysia, Philippines, Thailand, India
This report brings together four studies that evaluate regulatory initiatives with implications for forest-dependent communities from a rights-based perspective. These are: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 – India; Regulatory initiatives and selected outcomes of judicial processes in Malaysia; The Community Forest Act (2007) – Thailand; and The Indigenous People’s Rights Act (1997) – Philippines. Each study covers law making, content and implementation.
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Library Resource
WRM Bulletin 254 – Jan/Feb 2021
Mozambique, Cameroon, Democratic Republic of the Congo, Gabon, Liberia, Nigeria, Brazil, Ecuador, Venezuela, Indonesia, Malaysia, Thailand
The articles in this Bulletin are written by the following organizations and individuals: National Coordinator for the Defense of the Mangrove Ecosystem (C-CONDEM), Ecuador; Yayasan Pusaka Bentala Rakya (Bentala Raya Heritage Foundation), Indonesia; Venezuelan Observatory of Political Ecology and members of the WRM international secretariat in close collaboration with several allies who are part of grassroots groups in different countries.
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Library Resource
Peer-reviewed publication
Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question.
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Library Resource
Peer-reviewed publication
Why do activist groups representing some of society’s most marginalized employ legalistic forms of ‘rights talk’ when the reality of securing rights via the judicial system is almost unimaginable? The article considers this question in relation to the work of the Malaysian non-governmental organisation (NGO) EMPOWER who, in 2011, produced the Malaysian Women’s Human Rights Report focusing attention on the rights of informal sector workers, refugees, sexual minorities and women’s rights under non-Islamic family law.
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Library Resource
Indigenous Peoples at the Public Hearings of the National Inquiry into Customary Rights to Land in Sabah, Malaysia
Peer-reviewed publication
Malaysia has declared its vision of developed country status by the year 2020. Much has been written about its top-down development approach, its relative economic success and the social as well as environmental costs of such approach. In 2011 and 2012 the Human Rights Commission of Malaysia (SUHAKAM) set into motion a national inquiry into the status of customary rights to land in the country. As part of the inquiry, a nationwide series of consultations was held over several months in 2012, culminating in formal public hearings in Peninsular Malyasia, Sarawak and Sabah.
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Library Resource
ABSTRACTED FROM EXECUTIVE SUMMARY: Since its establishment in 1999, the Human Rights Commission of Malaysia (SUHAKAM) has been dealing with allegations of violations to indigenous customary rights to land, many of which have not been resolved. SUHAKAM in 2010 therefore decided to conduct a National Inquiry into the Land Rights of Indigenous Peoples (the Inquiry) in Malaysia as it is of the view that the issue could not be resolved using piecemeal approaches or addressed on a case by case basis.
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Library Resource
Peer-reviewed publication
Characterized as divinely ordained, the Islamic law of inheritance defines women’s rights to property of the deceased with specific roles and responsibilities for each individual. Obviously, the Islamic law of inheritance is a major contribution to the legal system of the world, compared to the customary laws in the pre‐Islamic Arab society that denied any proprietary right by way of inheritance to female relatives including daughters.
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Library Resource
Peer-reviewed publication
This paper briefly explains the unique relationships of Orang Asli with the customary land. It further demonstrates the common views that there is a collision between the Orang Asli notion of land ownership and that of the state. In particular the discussion highlights the interpretation of customary tenure under section 4 (2) (a) of the National Land Code, 1965 and it significance with the Orang Asli customary land.
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Library Resource
Renegotiating land rights and rural livelihoods in Sarawak, Malaysia
Peer-reviewed publication
In this paper, we use an actor-oriented perspective to explore the nature and extent of conflict and negotiation with regard to land use and tenure among the Iban of Sarawak. The Iban are shifting cultivators who have long been involved in smallholder cash crops.
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Library Resource
Peer-reviewed publication
Recent decades have witnessed a perceptible impact of land policy and cadastre on the urbanisation around the globe. Land legislation and cadastre system are the tools and mechanisms in order to achieve the objectives of land policy in delivering sustainable development. According to the Federal Constitution of Malaysia, article 74 empowers the State Legislative Assemblies to enact laws for the matters under the state list while land matters are one of the subjects under the list.
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