Top PDF Legal Protection on Indigenous Peoples in the Utilization of Coastal Area and Small Islands

Legal Protection on Indigenous Peoples in the Utilization of Coastal Area and Small Islands

Legal Protection on Indigenous Peoples in the Utilization of Coastal Area and Small Islands

Jl. Perintis Kemerdekaan KM.10 Tamalanrea Makassar. 90245. Indonesia Abstract The main purpose of this scientific paper is to know in which extent the State of Indonesia as a sovereign country, able to provide legal protection against indigenous peoples in coastal areas and small islands in the utilization of its territory. During this time, the State's concern in establishing maritime is still pulling out, due to renewal and development in various sectors still tend to be centralized, centered on the land and urban areas. This makes the coastal areas and small islands vulnerable to various obstacles and challenges, including in accommodating the interests of indigenous peoples who are acknowledged to exist in the Basic Agrarian Law. Meanwhile, the existing legislation concerning the use of coastal areas and small islands is more oriented to the exploitation regardless of the sustainability of natural resources. In this case, the existence of indigenous peoples of coastal areas and small island islands play an important role in the management of marine areas throughout Indonesia. The feature of the traditional lives and the behavioral patterns of indigenous peoples that respect nature and the sea which can help its management to be better, maintain ecological balance and sustainable principles. In fact, there are still many indigenous peoples in the coastal areas and small islands that form a legal alliance, far from accessibility. The establishment of various regulations governing the utilization and management of coastal areas and small islands, as well as the limited reference and information of indigenous peoples on the subject, is feared to cause problems and irregularities in the implementation. Therefore, in this matter it is necessary to have further regulation as supervision and control measures. The regulation is expected to engage indigenous peoples in a participatory manner in order to be able to produce inclusive legal products, hence the birth of regulation is no longer tend to overlap or be understood as a paradoxical rule.
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Strengthening Indigenous Law to Make a Sustainable Development of the Coastal Area and Small Islands in Indonesia

Strengthening Indigenous Law to Make a Sustainable Development of the Coastal Area and Small Islands in Indonesia

Abstract. Law no. 27 of 2007 on Management of Coastal Areas and Small Islands has the basis of consideration dimension of economic prosperity. The Act obtained Judicial Review to the Constitutional Court due to the rights of Coastal Waters Concession (HP-3). This article examines how the existence of indigenous and tribal peoples who have the right to be protected by the state constitution and how the legal analysis of the Judicial Review of the Act is reviewed. This research was conducted by a normative juridical method. The results show that indigenous and tribal peoples have not fully existed in the regulation and legal politics of Indonesia, particularly in the management of coastal areas and small islands. Judicial Review conducted to the Constitutional Court through Decision No. 3/ PUU-VIII / 2010 states that in certain articles in Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands is contrary to the state constitution and has no binding power, which relates to Coastal Waters Rights which tend to be more liberal/capitalist because it can only be utilized by the owner of capital.
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Reconstruction of Spatial Planning Model of Marine and Small Islands Based Area as a Conflict Resolution Tool for Coastal and Marine Area Exploitation in Maluku

Reconstruction of Spatial Planning Model of Marine and Small Islands Based Area as a Conflict Resolution Tool for Coastal and Marine Area Exploitation in Maluku

sometimes they do the development of shrimp processing industry without paying attention to the interests of local communities or indigenous peoples, in two locations in this study. According to the theory of state welfare law, one of the duties of the state or government and local government is as the organizer of the public interest. This general interest becomes very widespread, the possibility of violating the interests of the people by the state or regional apparatus also becomes very widespread. In carrying out the task, the state administration requires independence, namely independence to be able to act on its own initiative, especially in resolving the critical issues that arise where the regulation does not yet exist. Because of the wide function of the government and local government in the context of the modern legal state or state welfare law, it is of course the broader role of administrative law in it, as well as in the affairs of the formation of Provincial RTRW of Maluku Province which aims to welfare maluku community in the field of territorial arrangement especially coastal and small islands.
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Legal Protection on Indigenous Herbs of Madura through Geographical Indications

Legal Protection on Indigenous Herbs of Madura through Geographical Indications

Based on the above discussion, the model of legal protection for the Indigenous Herbs of Madura through Geographical Indication can be done through the registration of geographical indication application towards the Ministry of Law and Human Rights of the East Java Provincial Government or by the institution or association or the organization of the Indigenous Herbs of Madura entrepreneurs whose membership covers the four districts in Madura. The registration of geographical indication is submitted about the types of the Indigenous Herbs of Madura. In the event that the Geographical Indication Certificate has been obtained, the holder of the geographical indication rights shall be authorized to grant a utilization permit to a local entrepreneur in Madura or to a non-local entrepreneur in Madura or to a foreign entrepreneur. The grant of such utilization permit ought to be coupled by the requirement of not violating the provisions of laws and regulations, not harming the interests of the local community in Madura, and can ensure the reputation, quality and characteristics of the Indigenous Herbs of Madura. In terms of the utilization permit of the Indigenous Herbs of Madura given to other than local entrepreneur in Madura or to foreign company, it must be coupled with the consent of the local society in Madura (prior informed consent) and also must be enclosed with the benefit sharing agreement for the local society in Madura.
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The Protection of Māori Cultural Heritage: Post-Endorsement of the UN Declaration on the Rights of Indigenous Peoples

The Protection of Māori Cultural Heritage: Post-Endorsement of the UN Declaration on the Rights of Indigenous Peoples

Stephen  Allen  is  another  academic  who  does  not  believe  that  Articles  of  the  Declaration  are  inherently  customary  international  law  merely  from  their  presence  in  the  text.  Though  he  concedes  that  the  Declaration’s  provisions  are  substantially  informed  by  international  law, 142  Allen  argues  that  participation  in  a  standard‐setting  exercise is not evidence of consent to be bound by the resultant instrument 143  and that it  is wrong to assume that because the Declaration is consistent with general international  law  it  thereby  has  direct  legal  effect. 144  Rather,  it  is  important  to  look  beyond  the  contents of instruments and to assess what it is that states actually intend to be bound  by  in  order  to  determine  what  positive  law  is. 145  It  is  clear  that  neither  states  nor  the  Indigenous partakers intended to create or declare hard Indigenous rights through the  Declaration. 146  Moreover, the assessment of whether practice is uniform and consistent  over  most  states  requires  more  than  looking  only  at  the  most  “enlightened”  states. 147   However, Allen does not view the Declaration as without potential legal implications,  but  rather  that  the  Declaration  was  developed  as  “a  model  for  the  legal  regulation  of  indigenous  issues  at  the  municipal  level”. 148  By  endorsing  the  Declaration,  states  acknowledged  the  legitimacy  of  the  rights  therein,  but  left  their  legal  status  to  be  determined  by  states  themselves. 149  In  other  words,  the  Declaration  should  be  viewed  as a normative source for the development of national laws and only then do the rights  become legally enforceable. 150   
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Indigenous Peoples Framed. How contemporary documentaries on the archaeology of Central America (re)present Indigenous Peoples and the Indigenous perspective.

Indigenous Peoples Framed. How contemporary documentaries on the archaeology of Central America (re)present Indigenous Peoples and the Indigenous perspective.

His goal is to find out who the people were that lived in Costa Rica in Pre-Columbian times. He wants to answer the question of how the civilisations of the ancient Costa Ricans rose, flourished and eventually fell, and why that story is still a mystery. He does so by visiting several experts (characters) on several sites. They can tell him specifics about that site, the people that were there in the past and what that site was used for by those people. At every site he answers questions, but also gains new questions which lead him to the next expert on the next site. The movie ends with him visiting possible descendants from the ancient Costa Ricans. An Indigenous Peoples, where he speaks with the shaman and gains answers to the movies big question. According to this shaman the ancient civilisations fell because of the invading Spaniards and the diseases they brought with them. Jago, however, gives an alternate possible explanation. He says it is possible when communities grew, the once bountiful resources became more scarce, leading to conflict about the resources and causing downfall of those
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The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts

The Rationale for the Duty to Consult Indigenous Peoples: Comparative Reflections from Nordic and Canadian Legal Contexts

5. Short Conclusions A common denominator among the Nordic countries is an understanding that the duty to consult the Sami stems from obligations under international law and various treaties, which in turn leads to an elevated role for the Sami Parliaments as the rep- resentative bodies for all Sami. As we have seen above, in Canadian law, the State’s duty to consult Aboriginal right-bearing communities stems from a constitutional background and is built around the principle of the honour of the Crown. Never- theless, as Dwight Newman has said, the duty to consult in Canada does not exist in isolation, but is situated within the context of a larger set of international law norms which interact with domestic Canadian law concerning consultation with Aboriginal peoples. 88 Whether the concept of FCIP in the UNDRIP will evolve in Canadian case
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The Inuit Tapiriit Kanatami II Case and the Protection of Indigenous Peoples’ Rights: A Missed Opportunity?

The Inuit Tapiriit Kanatami II Case and the Protection of Indigenous Peoples’ Rights: A Missed Opportunity?

Overall, the Inuit Tapiriit Kanatami II case reveals under many respects a lack of sensitivity of the EU judiciary towards advancing the rights of indigenous peoples and favouring the observance and progressive development of international law in this field. As said above, particularly regrettable is the statement, in the Advocate General’s Opin- ion, that the UN Declaration does not codify general international law. This stance is not in line neither with the duty of sincere cooperation of member States, nor with the prin- ciple requiring the EU to bolster its founding values as stated in Art. 2 of the Treaty on European Union (TEU) on the international scene: “democracy, the rule of law, the uni- versality and indivisibility of human rights and fundamental freedoms, respect for hu- man dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law”. 40 Of course, currently EU values also
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Decolonization,  Indigenous Internationalism,  and the World Council of Indigenous Peoples

Decolonization, Indigenous Internationalism, and the World Council of Indigenous Peoples

3 The six observers from Canada were Victor Adolph (Union of British Columbia Indian Chiefs), Forrest Walkem (Union of British Columbia Indian Chiefs), Dr. Ahab Spence (Manitoba Indian Brotherhood), Andrew Delisle (Indians of Quebec Association), Rev. Ernest Willie (Anglican Church of Canada), and Mrs. Jean Goodwill (Nēhiyaw; working with Canadian Secretary of State; daughter of John Tootoosis, a prominent Nēhiyaw political leader). Canadian observers came at their own expense, in some cases paying out of their own pockets. It appears that some participated in both formal and informal discussions to some degree, but their comments are generally not recorded in the transcripts. The seven observers from Guyana were the Honourable Philip Duncan, (from the Wapishiana tribe of the Rupununi, member of Parliament since 1964 at the age of 21, Parliamentary secretary for Amerindian Affairs for some time, now Regional Minister for Rupununi Region); Dick Laurentino (a Macushi village councillor from St. Ignatius Village); Theresa La Rose (an Arawak Catholic nun and welfare officer for Amerindian Affairs from the Moruca reserve); David Brooks, (Indigenous village captain or Touchaus, from Panima); Gertrude Fitzpatrick (Guyana's only female Touchaus, from Kwebanna in the North West District); Patrick Norton (Touchaus from River's View, and community development worked attached to the Ministry of Co-operatives and National Mobilization); and Eugene Stoby, (an Arawak Member of Parliament, also from the Moruca reserve). Guyanese government attendees included Dr. Ptolemy Reid (Deputy Prime Minister), and Miss Sheila King a Senior Liaison Officer and organizing secretary for the Council on the Affairs and Status of Women in Guyana. It seems there was some controversy over the meeting within the Guyanese
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Indigenous Peoples and Intellectual Property

Indigenous Peoples and Intellectual Property

I. S PECIAL I NTERESTS , THE P UBLIC D OMAIN , AND I NDIGENOUS P EOPLES Brown raises concern for the “public domain, which is squeezed on one side by the privatizing logic of the world’s corporations and on the other by native-rights activists promoting novel forms of collective copyright.” 7 He thus places the calls for intellectual property protection of indigenous cultures within the larger context of intellectual property law. Recent intellectual property law public debate and scholarship has indeed recognized that the public domain is threatened by the increasing reach of patent, copyright, trademark, trade secret, and related bodies of law. 8 Framed this way, calls for the use of intellectual property law to protect native cultures would appear to lead to new incursions on the threatened public domain. This has considerable resonance in a time of increasing public awareness of the privatization of abstractions. 9 Brown is right in suggesting that any proposals to increase the reach of intellectual property protection should consider the effect on freedom to transmit ideas, to innovate, and to express oneself. Framing the overall issue in this way, however, overlooks some key distinctions between special interests, the public domain, and indigenous peoples’ claims to heritage protection.
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The Current Social and Economic Data on the Indigenous Small-Numbered Peoples of the North as of 2012

The Current Social and Economic Data on the Indigenous Small-Numbered Peoples of the North as of 2012

The Nganasans have traditionally lived in the settlement of Volochanka, in Ust’-Avam of the settlement of urban type Dudinka and in the settlement of Novaya of the rural settlement Khatanga. This ethnic group has always been characterized by a small number of people but negative dynamics denotes a change for the worse in the social-economic conditions of the Nganasans. It is connected with the problems in traditional occupations and trades. The reindeer breeding was lost in the 1980s. Professor K.B. Klokov considers that the reason for the decline of the reindeer breeding was a change of specialization of the gospromkhoz “Taimyrskiy” and the sovkhoz “Volochansky”, which started the shooting of wild reindeer for the needs of Noril’sk industrial region. The economic effect of the shooting lead to change of priorities, which resulted in insufficient financing of reindeer breeding and its disappearing. But the decline of reindeer-breeding took place 25 years ago and is of secondary influence on the current demographic processes. The most influential factor is hunting and fishing. Here, too, the Nganasans have problems, which the Commissioner repeatedly talked about at different public events (meetings, conferences) and wrote about in his annual reports. These problems are the result of the drawbacks in the policy of the governing institutions of Taimyr. These are the mistakes which were systematically pointed out by public figures and the specialists of the Scientific Research Institute of agriculture of the Far North, and also by the Commissioner. It is still worth repeating: the problem is in the inaccessibility of fishing and hunting areas for traditional occupations and lifestyle. For example, near the posyolok of Ust’-Avam practically all lands suitable for hunting and fishing have been given to LLC “PH Pyasino”, where there is only a handful of indigenous people.
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Challenges in the utilization and circularity of renewable energy : the case of small islands in Greece

Challenges in the utilization and circularity of renewable energy : the case of small islands in Greece

A good example of the challenges that such a shift to renewable energy include is the attempt of Greece to become a leading country in the production and export of solar energy. In 2010, right in the peak of the debt crisis, an ambitious project by the name of “project Helios” aimed at building an enormous (800 MW) solar power plant in the exhausted lignite mine areas and export the energy to central Europe, mainly Germany. (Hellenic Ministry of Environment & Energy, 2011). The project had such visibility that was a part of the agenda of the top summit of the EU leaders in 2011. Unfortunately, the project was frozen as the costs of upgrading the grid capacity for the export was more than expected and none of the countries where the connection would pass through had the funds to upgrade their corresponding transfer networks. (Energypress.gr, 2013). Greece is a country with more than 6000 islands, with around 90 of them inhabited (2011 census, n.d.). Several of them are of a small scale (<3000 pop). These islands are facing plenty of challenges because of their rough natural landscape (rocky, windy, dry) as well as because of their isolation especially during the winter months when sea conditions can make islands inaccessible for days.
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GMOs, International Law and Indigenous Peoples

GMOs, International Law and Indigenous Peoples

In order to fully comprehend the struggle of Amazonian indigenous peoples against mono-cropping and genetically modified soy, one must first analyze a brief history of Brazil’s political structure and agriculture. Chapter VIII of the Brazilian Constitution guarantees that indigenous peoples “shall have their social organization, customs, languages, creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.” 73 The Constitution goes on to afford “Indians” further protections, such as the right to the resources of their tradition lands and protections against exploitation of those lands by outsiders, exceptions only to be granted with indigenous consent by the National Congress. 74 Other protections include safety from forced removal and occupation, and standing to sue in their own defense. 75 Although on paper these rights seem even more protective than the American Constitution—which only mentions Native Americans for tax and commerce purposes—in practice this chapter of the Brazilian Constitution is largely ignored.
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Epistemology, feminism and indigenous peoples knowledge

Epistemology, feminism and indigenous peoples knowledge

Palabras clave: Epistemologías; Feminismos; Aborígenes; Experiencias. Abstract: e categoy of experience is what articulates the different epistemologies. Within feminists, it is consider as one that builds but it is constructed by the kwonledge of contextualized and sexed subjects. Linked to this conception are clarified at first some terms that will be used, such as decolonization issue and the reactions of the aborigines and the enslaved against the imperialist colonization, beacuse as Tuhieai Smith says, we cannot talk about scientific research and indigenous people without making an analysis of imperialism and colonial practices. With regard to epistemologies of indigenous people, fundamental points will be dealt witth in the Maori and Mapuche agendas. Finally, its relationship with feminism and the need for decolonization will be considered. Keywords: Epistemologies; Feminisms; Indigenous People; Experiences.
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Access to Justice for Indigenous Peoples in Africa

Access to Justice for Indigenous Peoples in Africa

The first challenge to access to justice for Indigenous Peoples in Africa is simple recognition of indigenousness as a valid identifier for communities with unique histories and relationships to territories. The existence of Indigenous Peoples in Africa remains a contested notion. An unstudied, yet common, refrain is that all black Africans are Indigenous to Africa. Accordingly, the concept of Indigenousness loses any meaning because it includes every black African. Scholars have presented a more nuanced critique identifying the risk of using the notion of Indigenousness in the contexts of ethnically diverse and divided societies. As Felix Ndahinda, a Rwandan scholar, points out, the “[i]mplications of indigenous identification for other groups in multi-ethnic countries remains one feature of indigenous rights discourse in need of further clarification.” 4 Indeed, in regions where tribalism remains a major threat to peace and stability, the idea of Indigenousness can appear to feed such divisive notions.
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Sovereignty and Indigenous Peoples in North America

Sovereignty and Indigenous Peoples in North America

Hoffman, in his book, Sovereignty, takes issue with Hinsley's "statist" definition of sovereignty, 49 arguing instead for a conception of sovereignty that can a[r]

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Protected Areas and Indigenous Peoples in Chile

Protected Areas and Indigenous Peoples in Chile

XQGHUVWRRG ³DV DQ HFRQRPLF UHVRXUFH WR EH PDQDJHG HIILFLHQWO\ DQG SURILWDEO\´ LELG 1998,  p.  13).     These   rationales   associated   with   the   control   and   use   of   state   forest   reserves   influenced  Federico  Albert,  head  of  the  Water  and  Forests  section  within  the  Ministry  of   Industry  and  Public  Works  in  the  early  1900s.  Albert,  of  German  origin  and  with  formal   WUDLQLQJLQIRUHVWU\VFLHQFHHVWDEOLVKHGWKHEDVLVIRUZKDWZRXOGEHFRPH&KLOH¶VQDWLRQDO forest   policy   throughout   the   twentieth   century   (Camus,   2003).   According   to   Klubock,   $OEHUW³was  a  pivotal  figure  in  efforts  both  to  regulate  the  destruction  of  the  forests  and  to   promote   commercial   forHVWU\´  S     His   regular   trips   to   Europe   to   study   advances  in  scientific  forestry  techniques  led  to  their  subsequent  application  to  Chile  in   the   early   1900s. 4   Following   one   particular   trip   to   Europe,   Albert   returned   to   Chile   resolute  about  the  need  to  protect  state  forest  reserves.  The  following  statement  reflects   KLV YLVLRQ ³7R JHW DQ LGHD RI WKH LPSRUWDQFH RI RXU QDWLRQDO IRUHVWV LQ WKH WHUULWRULHV located  south  of  Bío-­Bío,  we  should  operate  under  the  forestry  regime  in  all  lands  that  are   unfit   or   unsuitable   for   agriculture   crops.   It   is   therefore   urgently   needed   that   the   state   should   establish   reserves   in   forestlands   under   the   jurisdiction   of   the   Ministry   of   Colonization,  Finance  and  the  Interior´(Albert,  1911:  8). 5  $VVWDWHGE\.OXERFN³Albert   linked  the  development  of  forest  management  to  the  reassertion  of  state  control  over  the   IURQWLHUDQGWKHHVWDEOLVKPHQWRIDVWDEOHVRFLDORUGHU´ S   The  protection  of  
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The representation of minorities and indigenous peoples in parliament

The representation of minorities and indigenous peoples in parliament

5.5 Institutional responsibility of parliaments In terms of parliamentary procedures, challenges of organizing consultation and outreach efforts feature prominently in survey responses. In less developed countries, the lack of material resources available for parliamentarians interested in doing outreach work with minority/indigenous communities, some of which tend to reside in remote areas, was fre- quently reported. While parliaments in countries with higher levels of economic development do not face similar shortages of material resources, the respondents from these countries report that their parliaments have difficulties in finding time for organizing consultation and outreach efforts. Parliamentary internal rules and procedures, across countries from different regions and different levels of development, also appear to only very rarely include special measures for the consideration and passage of minority/indigenous-related initiatives. Significant progress has to be made in terms of awareness of minority/indigenous issues among parliamentarians and parliamentary staff. The issue of inclusiveness of parliamentary staff does not seem to receive significant attention in the workings of legislatures either. Overall, survey responses sug- gest that parliaments as institutions can do more to learn about minority/indigenous groups and the issues they face, to reach out to these groups, and to extend some procedural accommodation of their participation in legislative process.
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Indigenous Peoples of Australia and New Zealand

Indigenous Peoples of Australia and New Zealand

their habits. Even prostitution appeared and Maori women were usually paid by alcohol or tobacco. All these factors reducer Maori population by 25%. This led to creation of Treaty of Waitangi (see picture 5) in 1840 which was created by 45 Maori chiefs and British. This treaty promised that Maori can keep their land and they will be under the protection of Crown. Unfortunately not so long after it many of the parts and rules of the Treaty were broken which was probably caused by misunderstanding and there was even proved that there were differences between Maori and British version if the treaty. Maori recall to this treaty till now. The values of Maori and whites were and are different. Maori did not think the way Pakehas did, they were not that materialistic and held more on the traditions and spiritual values. There were also wars between Pakeha and Maori those times, usually the reason was land. From the modern history can be mentioned for example that during WWII Maori people were excluded from fighting but many of them went voluntary into the war. A big wave if urbanization came in the second half of 20 th century and also Maori protests against confiscation of their land and many organization supporting different Maori issues were founded. Since that Maori have been experiencing many problems described more specifically and in detail in practical part of this thesis but also their culture started to be supported more and there are efforts to maintain and revive the culture, language and traditions.
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Spanish: A Language of Indigenous Peoples of the Americas

Spanish: A Language of Indigenous Peoples of the Americas

Native learners in both contexts express emotional and affective connec- tions to their native cultures and languages and often wish to establish strong links to their heritage, families and communities. An additional reason for in- cluding both Spanish speakers and Indigenous speakers in a similar category when it comes to language preservation efforts is that both groups, when asked about the importance of their language and their culture, express emotional and affective connections and reasons for maintaining them. They often choose to continue to learn their languages so that they can establish or maintain links to their heritage, families and communities. Luis Ruan (Personal communication, May 29, 2002), a California Chicano youth counselor, informed us of that his knowledge of Spanish allowed him to gain entry into his grandparents’ Indig- enous Purepecha bilingual community in a remote area of Michoacán, Mexico. Because of his Spanish, he was able to discover his Indigenous roots. He even began the formal study of Purepecha while in Mexico. A Chicana student, in an intermediate Spanish Composition for Native Speakers, reported how her newly acquired Spanish language skills led her to communicate with her monolingual grandfather in Mexico, allowing her to reconnect with her Indigenous cultural roots.
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