Terra Nullius
A blog on housing, land and property (HLP) issues related to:
-human rights law and humanitarian policy,
-transitional justice and rule of law,
-early recovery and development, and
-self-determination and minority rights.
Open and notorious since February 2010.
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Suggested citation: Author's Name, "Name of Post", TerraNullius Weblog (posted on [date]), available at [URL], accessed on [date].
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Antipodean caveat: The author does not condone imperialist land-grabbing under cover of obscure latin phrases.-
Recent Posts
- Minority self-determination in China and the demolition of Kashgar
- In search of a duty-bearer: No remedy for destruction of property during Kosovo’s international supervision
- FAO global guidelines on tenure of land, forests and fisheries adopted
- Redress without fault? UN to promote ‘automatic’ state reparations for terrorist attacks
- Sustainable but inconvenient – Two more folkways slide closer to the edge
Recent Posts (roll over for more info)
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ACHPR admin Africa bosnia Cambodia China Colombia compensation development disaster durable solutions ECHR europe FAO forced evictions Haiti hlp housing humanitarian aid human rights IDPs indigenous groups Iraq Kenya Kyrgyzstan land-grabbing land-rush land disputes land reform land rights Libya minorities natural resources pastoralists Pinheiro Principles reconstruction reparations resettlement restitution return self-determination shelter Sudan UN World BankCategories
Blogs I (aspire to) read
- African Arguments
- Blood and Milk
- CAPRi blog
- Chris Blattman blog
- ECHR Blog
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- Forced Migration Current Awareness Blog
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Int'l law & standards
- "Pinheiro principles" on housing and property restitution for refugees and displaced persons
- African Development Bank Involuntary Resettlement Policy
- Asian Development Bank Involuntary Resettlement Policy
- CEDAW
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- Nairobi Declaration on Women's and Girls' Right to Reparations
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- UN Audiovisual Library of International Law
- UN Declaration on the Rights of Indigenous Peoples
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- UN Guiding Principles on Internal Displacement
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- UNHCR Exec Comm Conclusion No. 109 (LXI) – 2009 – Protracted Refugee Situations
- Van Boven/Bassiouni Principles
- World Bank Involuntary Resettlement Policy
- World Bank OP on Indigenous Peoples
My recent work
- 7th Course on the Law of Internal Dislacement
- IDMC Overview on Displacement in Serbia, Dec. 2010
- Incorporating the Guiding Principles on Internal Displacement into Domestic Law: Issues and Challenges
- Land and Natural Disasters: Guidance for Practitioners
- Post-Conflict Land Guidelines
- Post-Conflict Natural Resource Management Project
- Protecting Internally Displaced Persons: A Manual for Law and Policymakers
- Report on Solving Property Issues of Refugees and Displaced Persons, CoE PACE
- Second Expert Seminar on Protracted Internal Displacement: Is Local Integration a Solution?
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Top Posts
- The African Commission "Endorois Case" - Toward a Global Doctrine of Customary Tenure?
- Minority self-determination in China and the demolition of Kashgar
- FAO Voluntary Guidelines on land, fisheries and forestry governance near approval
- The ADB involuntary resettlement policy: Fifteen years on, the poorest still bear the brunt of development
- Redressing the 'Endorois Case' violations or replicating them?
- Addressing systemic obstacles to restitution in Kosovo: Legal aid as a fact finding tool
- Waking from a dream in Bolivia: The TIPNIS victory that never was
- The Body Shop drops Colombian palm oil supplier for alleged land grabbing
- About Rhodri C. Williams
- Guest blogger Peter van der Auweraert on Iraq restitution
We are here! post-Thanksgiving musings on minority conflicts and political participation
by Rhodri C. Williams
Just like last year, I spent the previous week celebrating Thanksgiving with relatives in northern Virginia and, just like last year, the curious nature of the holiday got me thinking about all the people that used to live there and may now find themselves west of the Mississippi in the best case. This year I found some inspiration in both the Economist I brought on the plane and the Dr. Seuss book I read my daughter. You, gentle reader, can be the judge of whether it all adds up or I just put a little too much gravy on the stuffing.
The Economist got me thinking with an apparently unconscious pairing of articles on natural resource conflicts in the Americas (hurry up if you are interested, both are sliding fast toward the paywall). The first focuses on Peru, where newly anointed President Ollanta Humala has found his newly minted ministry of ‘development and social inclusion’ outflanked by a brushfire of protest movements against large-scale gold mining concerns in the highlands.
The article implies that by passing new legislation requiring consultation with local indigenous peoples on extractive projects, Mr. Humala has opened a floodgate of dissent stifled under previous, more business-friendly regimes. However, as in nearby Bolivia, the real political and economic power that flows from meaningful consultation also appears to have highlighted unresolved tensions between indigenous peoples that may range from identity politics to competing political and economic agendas:
The second article focuses on Canada, where the socio-economic status of the country’s ‘First Nations’ remains far below the national average and natural resources exploitation represent a grave threat to traditional ways of life. Recently, First Nations have apparently responded by resisting the historic pattern of woefully low representation in the national government bodies that are dominated by the majority but take many of the important decisions regarding the fate of minorities:
Without either minimizing or exaggerating the undoubted historical, socio-economic and cultural differences that complicate any attempt to compare Peru and Canada, I found the second article encouraging. ‘Consult’ and ‘participate’ are both transitive verbs but in the former case (consultation), indigenous peoples are the object, the recipient. Participation, on the other hand, is something that peoples – and people – do as active subjects. As with Mr. Saganash, who aspires to be Canada’s first aboriginal prime minister, you take it to the majority on the ‘best defense is a good offense’ theory.
So where does Theodor Geisel come into the picture? Continue reading →
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Posted in Commentary
Tagged Canada, consultation, indigenous groups, mining, minorities, natural resources, participation, Peru, self-determination