Customary Law and Indigenous Peoples' Rights: Challenges in the Age of Globalisation
DOI:
https://doi.org/10.59065/jissr.v4i2.165Keywords:
Customary Law, Indigenous Rights, Globalisation, National Law, MarginalisationAbstract
Customary law and the rights of indigenous peoples have an important role in maintaining cultural identity and local wisdom, especially in Indonesia, which has a diversity of customs. However, in the era of globalisation, customary law faces various challenges, from the legal, economic and social aspects. This article explores how customary law and the rights of indigenous peoples are trying to remain relevant amidst the influences of modernisation, globalisation, and harmonisation with national law. The research uses a qualitative approach by analysing several cases in different regions, which shows that the process of globalisation often results in the erosion of customary law, marginalisation of indigenous peoples, and exploitation of natural resources in indigenous territories. The findings also highlight the importance of recognising and protecting customary law in state regulations, as well as the need to strengthen the rights of indigenous peoples in order to adapt and remain resilient in the face of global challenges. Thus, strengthening customary law in the national legal system is essential to create a balance between modernity and tradition.Downloads
References
Acosta García, M. N. (2018). Law and Globalization: The’Multi-Sited’Uses of Transitional Justice by Indigenous Peoples in Colombia (2005-2016). Oñati Socio-Legal Series, 8(5).
Bunikowski, D. (2015). The right of indigenous peoples to their own law. Available at SSRN 2725398.
Byrnes, A., Hayashi, M., & Michaelsen, C. (2013). International law in the new age of globalization. Martinus Nijhoff Publishers.
Coombe, R. J., & Turcotte, J. F. (2012). Indigenous cultural heritage in development and trade: perspectives from the dynamics of cultural heritage law and policy. International Trade in Indigenous Cultural Heritage, 272–305.
Daytec-Yañgot, C. L. (2017). Transcending Aboriginality and Minority: Indigeneity in Asia as a Construct of Structural Oppression Under the Economic Globalization Regime. APLPJ, 19, 21.
Diala, A. C., & Kangwa, B. (2019). Rethinking the interface between customary law and constitutionalism in sub-Saharan Africa. De Jure Law Journal, 52(1), 189–206.
Mantilla, Y. (2020). The Rights of Indigenous Peoples of the Andean Region, International Law, and Global Economic Integration. Suffolk Transnat’l L. Rev., 43, 39.
McAuslan, P. (2015). Property and empire: From colonialism to globalization and back. Social & Legal Studies, 24(3), 339–357.
O guamanam, C. hidi. (2004). Localizing intellectual property in the globalization epoch: The integration of Indigenous knowledge. Indiana Journal of Global Legal Studies, 11(2), 135–169.
Sikora, K. (2021). The Right to Cultural Heritage in International Law, with Special Reference to Indigenous Peoples’ Rights. Santander Art and Culture Law Review, 7(2), 149–172.
Stewart-Harawira, M. (2006). A Two-edged Sword: A perspective from Indigenous peoples. National Perspectives on Globalization: A Critical Reader, 187–203.
Stewart-Harawira, M. (2018). Indigenous resilience and pedagogies of resistance: Responding to the crisis of our age. Available at SSRN 3185625.
Thornberry, P. (2013). Indigenous peoples and human rights. In Indigenous peoples and human rights. Manchester University Press.
Tsosie, R. (2012). International trade in indigenous cultural heritage: An argument for indigenous governance of cultural property. In International Trade in Indigenous Cultural Heritage (pp. 221–245). Edward Elgar Publishing.
Ullah, A. (2016). Globalization and the health of Indigenous peoples: From colonization to self-rule. Routledge.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Muh Bakri
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish in this journal agree to the following conditions:
- Authors retain the copyright of their work while granting the journal the right of first publication. The published work is licensed under the Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license (https://creativecommons.org/licenses/by-sa/4.0/). This license permits others to share and adapt the work, provided that proper credit is given to the original author(s) and the journal as the initial publisher.
- Authors may establish separate, additional agreements for the non-exclusive distribution of their published work (e.g., depositing it in an institutional repository or including it in a book), as long as they acknowledge its original publication in this journal.
- Authors must sign a copyright transfer agreement once they have reviewed and approved the final proof provided by JISSR before publication.
