Land Rights of Indigenous Peoples in South-East Asia
![handle is hein.journals/meljil4 and id is 473 raw text is: LAND RIGHTS OF INDIGENOUS PEOPLES IN
SOUTH-EAST ASIA
ALEXANDRA XANTHAKI*
[Very little has been written on indigenous rights in South-East Asia. This article attempts to
address issues concerning indigenous land rights in the region, arguing that there is a clear gap
between the existing situation and the relevant standards of the international human rights
system. After a short overview of the international human rights framework currently binding
South-East Asian states, the article analyses issues of indigenous land ownership and control by
indigenous peoples over matters affecting their land rights. The article then discusses traditional
economic activities, natural resources, indigenous environmental management and finally to
issues of relocation and compensation. In each of the aforementioned areas, indigenous land
rights are generally non-existent or very weak. Even on occasions when national legislation has
recognised strong indigenous land rights, the lack of political motivation to properly enforce
these rights impedes their full realisation. The article demonstrates that this inadequacy is
inconsistent with international standards on the prohibition of discrimination, protection of
minority cultures and more specifically on indigenous land rights, as are recognised in
international instruments, interpreted by international bodies and transferred into national
practices.]
CONTENTS
I In tro d uction ........................................................................................................... 4 6 7
II T he G eneral Fram ew ork ........................................................................................ 469
IllI Collective Ow nership and Possession ................................................................... 470
IV C onsultation and Participation .............................................................................. 478
V Traditional Activities and Natural Resources ....................................................... 483
V I R elo catio n .............................................................................................................. 4 89
V II R estitution and C om pensation ............................................................................... 493
V III C onclusions ........................................................................................................... 4 9 5
I INTRODUCTION
Recent reports suggest that indigenous peoples in South-East Asia face
serious problems, some of which endanger their very survival in a rapidly
changing environment.1 Despite the gravity of the indigenous peoples' situation,
indigenous rights in South-East Asia have attracted relatively little interest from
the international legal community. Voices from Australia, New Zealand and
North America have been more prominent within the transnational indigenous
movement. Although their perspectives have given voice to needs that are similar
to those of indigenous peoples in other regions, by virtue of their prominence
* Ptychion (Athens), LLM (Queen's University Belfast), PhD (Keele); Lecturer, Department
of Law, University of Liverpool. The author would like to thank Professor Patrick
Thomberry, Professor Rodolfo Stavenhagen, Dr Marcus Colchester and Francesca
Thomberry as well as the anonymous referees for their helpful comments on this article. All
errors, of course, remain those of the author.
See, eg, Suhas Chakma, 'Behind the Bamboo Curtain: Racism in Asia' in Suhas Chakma
and Marianne Jensen (eds), Racism against Indigenous Peoples (2001) 176, 180; Christian
Emi (ed), '... Vines That Won't Blind... 'Indigenous Peoples in Asia (1996) 34-5; Minority
Rights Group International (ed), Forests and Indigenous Peoples of Asia (1999); Diana
Vinding et al (ed), The Indigenous World 2002-2003 (2003) 8.](ViewImageLocal?handle=hein.journals/meljil4&div=24&collection=&method=preview&ext=.png&size=3)
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Land Rights of Indigenous Peoples in South-East Asia
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