Traditional Customary Laws and Indigenous Peoples in Asia

· Minority Rights Group
Ebook
36
Pages
Eligible
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About this ebook

For years, traditional laws – or customary laws – in Asia have been eroded. This report argues that remaining customary laws should be retained and discusses the extent to which their erosion can be reversed.

Traditional Customary Laws and Indigenous Peoples in Asia focuses primarily on two types of customary law systems – personal or family law, and land and resource rights law – and considers the complex situation, which is far from uniform throughout Asia. For example, in some areas customary law systems and procedures are generally respected, while in other parts of Asia, customary law has been so eroded that it is virtually nonexistent and unrecognized by governments. There are also many examples that fall between these two situations.

The author discusses the many challenges facing indigenous peoples in the pursuit of their customary law rights and many of the issues that have yet to be resolved within customary law systems. These include the occasional conflict between women’s rights and customary rights.

The report focuses on the situation in the Chittagong Hill Tracts of Bangladesh, as well as including numerous examples from the Cordilleras in the Philippines; Jharkhand, Mizoram and Nagaland in India; northern Thailand; and Sabah and Sarawak in Malaysia, among others.

Traditional Customary Laws and Indigenous Peoples in Asia is essential reading for indigenous peoples, nonindigenous government and political leaders and officials, staff of donor and development institutions and NGOs, and international bodies such as the United Nations.

About the author

Minority Rights Group (MRG) is the leading international human rights organization working to secure the rights of ethnic, religious and linguistic minorities, and indigenous peoples, and to promote understanding between communities. We are guided by the needs expressed by our worldwide network of over 300 partner organizations in more than 60 countries. Together, we challenge power structures that exclude and silence those who are different. We understand how age, class, gender, sexuality and disability can have multiplying impacts on discrimination for minorities.

MRG is an international non-governmental organization with an international governing Council that meets twice a year. We have consultative status with the United Nations Economic and Social Council and observer status with the African Commission for Human and Peoples’ Rights. MRG is also registered with the Organization of American States. MRG is registered as a charity and a company limited by guarantee under English law: registered charity no. 282305, limited company no. 1544957.

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