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What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.
Studies on Global Practices of Isolation, Punishment, and Education of the Unwanted
Volume Editors: and
The island has historically played a special role in the cultural imagination – sometimes as a place of promise of tranquillity; at other times the remoteness has seemed attractive for more sinister reasons. Using islands for extreme exclusion has a long history and remains important for understanding the complexities of inclusive education. This volume presents new case studies of island exclusion of prisoners, people with disability, and refugees in the Global North and South. It also offers reflections on practices of re-inclusion and the larger issues of inclusive education.
Critical Perspectives on the Accommodation of Religious Diversities
The accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.
The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.
Karabagh, Nakhichevan and Azerbaijan in Contemporary Geopolitical Conflict
This is the first multidisciplinary volume whose focus is on the barely accessible highlands between Armenia and Azerbaijan, and their invaluable artistic heritage. Numerous ancient and mediaeval monuments of Artsakh/Karabagh and Nakhichevan find themselves in the crucible of a strife involving mutually exclusive national accounts. They are gravely endangered today by the politics of cultural destruction endorsed by the modern State of Azerbaijan.
This volume contains seventeen contributions by renowned scholars from eight nations, rare photographic documentation and a detailed inventory of all the monuments discussed. Part 1 explores the historical geography of these lands and their architecture. Part 2 analyses the development of Azerbaijani nationalism against the background of the centuries-long geopolitical contest between Russia and Turkey. Part 3 documents the loss of monuments and examines their destruction in the light of international law governing the protection of cultural heritage.
The series A Commentary on the United Nations Convention on the Rights of the Child, provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. Each volume in the series covers an article of the CRC. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. Volumes are authored by experts in the topic under review. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non-governmental and international officers. It was originally sponsored by the Belgian Federal Science Policy Office and is currently edited by the Child Law Department of the University of Leiden Law School.

Format
The Commentary is published as a part-work, and when completed, aims to offer the subscriber the most comprehensive, in-depth and practical reference work currently available on the United Nations Convention on the Rights of the Child.
Each chapter is produced as a separate fascicle consisting of (on average) 40 pages, and follows a clear and standard layout; fascicles are produced in paperback form, and are published and sent to subscribers on a regular basis.

In: International Journal on Minority and Group Rights
Series Editors: and
Increasing legal integration and interdependency places comparative studies at the heart of legal analysis. Research identifying the converging elements and principles in view of a common legal culture of diversity is necessary. This is particularly true for its territorial and socio-cultural dimensions as these regard the organization of living-together.
Regarding territorial diversity, the interaction of multiple levels of government in addressing complex governance issues and its regulation is of utmost interest. Comparative federal and autonomy studies shall explore theoretical perspectives and foundations, as well as specific policy areas, exploring in depth pluralistic governance and decision-making. Social and cultural diversity implies a modern understanding of the accommodation of multiple groups’ claims sharing the same territory. Going beyond traditional studies on minorities and their rights, new challenges in the accommodation of differences have to be addressed, including the accommodation of non-traditional forms of diversity. Moreover, often the same instruments can be used for the management of territorial as well as for social and cultural diversities. While privileging a comparative constitutional approach, the series faces new methodological demands and includes trans-disciplinary studies in order to meet the contemporary challenge of diversity in an integrated legal space, in Europe and beyond.

Abstract

This study aims to analyse the emerging need to change customary law (adat law in Indonesia) and identify the role of adat functionaries. The experience of the Mollo adat law community (indigenous people) from the south-eastern part of Indonesia, Timor Island, shows that the sudden and massive collection of haukonof (Usnea barbata), a non-timber forest product, has caused forest destruction. How do the adat functionaries respond to the situation? Is adat law sufficient to respond to the sudden change of their livelihood? If it is not, then what to do? Furthermore, what are the impacts on the functionaries? What are their difficulties, and how do they solve them? This article is based on an in-depth ethnographic study held in July—September 2021. Data are collected through interviews and observation. The adat functionaries want to restrict the people from picking and collecting haukonof, but there is no adat law specifically ruling on it. Only the adat functionaries should protect the environment. The pickers and the collectors of haukonof are the members of the communities. The kinship relation between the functionaries and the members complicates legal enforcement. The adat functionaries’ authority and the sustainability of the livelihoods are in danger. The immediate solution is borrowing state law which obliges a person who utilises non-timber forest products in the Protection Forest to hold a valid permit. It effectively reduces the number of haukonof picking and collection by the community members. Adat’s law-making process does not work in isolation. It is an interactive process that needs continuous foresight observation from the adat functionaries to find the appropriate solution to protect the environment and the people.