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LEGAL RECOGNITION OF INDIGENOUS GROUPS

Reports & Research
november, 1998
Myanmar
South-Eastern Asia

...The main purpose of this paper is to examine legal measures taken to recognize
indigenous groups and provide for their ongoing operation; the paper starts, therefore, from an
underlying assumption that indigenous groups have continued relevance to the needs and wishes
of the people who operate within them. Nevertheless, while it is beyond the scope and purpose of
the paper to explore this complex issue in any depth, it may be useful to present – however briefly
– some of the arguments made for and against the preservation of indigenous groups. In the

Legal and institutional incentives for local environmental management

Journal Articles & Books
december, 1996
Africa

This chapter explores the possibilities and limits of law and institutions as instruments for generating changes in environmental behaviour. First, an overview of the different schools of thought on law and natural resources is presented. It appears that the overall trend with regard to land and common property resources is orientated towards: 1) a bottom-up/sociological approach to the law-making process, and 2) devolution of powers to local communities in a setting of comanagement.

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA No. 40 of 1996).

Legislation
december, 1996
India

This Act, as referred to in Clause (1) of art. 244 of the Constitution, amends part IX of the Constitution, related to Panchayats Extension to the Scheduled Areas. Part IX of the Constitution relating to Panchayats is extended to the Scheduled Areas subject to such exceptions and modifications, as provided in section 4.

In land we trust: environment, private property and constitutional change.

Journal Articles & Books
november, 1996
Kenya

The relationship between land ownership and the sustainable use of natural resources is examined within the context of constitutional change in Africa. Using Kenya as an example, it is demonstrated that current constitutional arrangements put excessive emphasis on the protection of private property rights without requiring the corresponding duty of ecological stewardship. This has resulted in the failure of government policies and development practices to fully integrate environmental considerations into growth strategies.

Cultural issues in land information systems

december, 1995
Fiji
Oceania
Eastern Asia

Considers the cultural dimension of applying the land information system (LIS) concept to lands held under customary land tenure. The article recognizes that the LIS concept has been developed primarily to serve the needs of countries with a western-style land market where individual land rights are the norm. However, many countries where customary landholdings exist, or predominate, are also interested in establishing LISs to manage their land resources better. The article has three main sections.

Policy and legislation

Journal Articles & Books
november, 1993
Finland
Nicaragua
Chile
Mexico
Italy

Over the past two decades, perspectives on the role of the forest for society have evolved and broadened dramatically; the relatively narrow official view of the forest as primarily a source of wood and a form of protection for upland water resources has been seriously questioned and sometimes even violently opposed in favour of an approach that reflects a wider range of present and future opportunities and demands from forests and forest resources.