Jurgen De Wispelaere and Lindsay Stirton point out that basic income must be designed in light of the features of the society in which the policy is to be implemented. Yet, in Canada, scholars and politicians have neglected one crucial aspect of the context in which basic income stands to be implemented – namely, a settler-colonial one. In a settler-colonial context, we must consider the compatibility of such a policy proposal with the worldviews of Indigenous peoples who continue to (...) assert, apply, and revitalize their laws on this land. As such, in this paper, I consider the compatibility of a basic income with Anishinaabe worldview and legality. Ultimately, I find that while dominant justifications for basic income are not compatible with Anishinaabe worldview, the implementation of the policy may nonetheless support the urgent imperative of Indigenous law revitalization. (shrink)

Law's Indigenous Ethics examines the revitalization of Indigenous peoples' relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to (...) bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law's Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures. (shrink)

In this paper, we explore challenges in conveying the culturally constructed meanings of local Indigenous musics and the worldviews they manifest to students in K-12 school music classes, when foundational aspects of the English language, historical and current discourse, and English language habits function to thwart the transmission of those meanings. We recount how, in settler colonial societies in North America, speakers of the dominant English language have historically misrepresented, discredited, and obscured cultural meanings that inhere in local (...) class='Hi'>Indigenous musics. First, we examine three ways in which the use of English has distorted the cultural meanings of those musics. Next, we explain how historical discourses in English have intentionally undervalued or discredited the values intrinsic to those musics, also describing how some current music education discourse in English might work against the embedding of Indigenous meanings in school music education settings. We then consider additional factors distinguishing Indigenous languages from European languages (especially English) to show how a people’s “language habits” influence their perception of and thus their relationship with their natural environment. We conclude by considering the role of music education in revitalizing local Indigenous languages and musics and advancing the cultural values of their originating communities. (shrink)

This work contributes to the philosophical debate on the normative dimension of postcolonial education in Zimbabwe. The work is a reaction to revelations made by the Commission of Inquiry into Education and Training of 1999 and its concomitant recommendations. Among its many observations, the Commission noted that there was a worrisome development concerning the normative dimension of the country's education, which needed to be addressed by the introduction and strengthening of an indigenous moral theory of unhu/ubuntu in the education (...) system. The work examines this recommendation in the light of developments brought about by modernity and their effects on value theory in modern education. It cautions, though without being pessimistic, that while the desire for what is one's own is indeed understandable, the changes in social ontology brought about by modernity render a successful revitalization of the traditional African values difficult. This work argues that the moral problem facing Zimbabwe could have very little, if anything, to do with the purported lack of an indigenous value theory in the education system, but is simply a manifestation of the effects of the ideological weight of Western modernity on the African communalistic value system. (shrink)

Indigenous communities have always cultivated social studies learning that is interactive, dynamic, and integrated with traditional knowledges. To confront the assimilative and deculturalizing education that accompanied European settlement of the Americas, Montana has adopted Indian Education for All (IEFA). This case study evaluates the Digital Storywork Partnership (DSP), which strives to advance the goals of IEFA within and beyond the social studies classroom through community-centered research and filmmaking. Results demonstrate the potential for DSP projects to advance culturally revitalizing education, (...) community connectedness, and identity-development. The DSP offers a model for social studies education that is not only culturally affirming and revitalizing for Indigenous communities, but also holds potential for use in all communities. We conclude with recommendations for educators, scholars, and community members engaged in similar efforts. (shrink)

This paper explores a colonial controversy: the imposition of state rules to limit salmon fishing in a Scandinavian subarctic river. These rules reflect biological fish population models intended to preserve salmon populations, but this river has also been fished for centuries by indigenous Sámi people who have their own different practices and knowledges of the river and salmon. In theory, the Norwegian state recognizes traditional ecological knowledge and includes this in its biological assessments, but in practice this does not (...) happen, so Sámi fishing practices and the realities that they enact are disappearing. This paper explores how to conceptualize colonial differences in knowing. Drawing on recent anthropology, it asks how “settler” and “nomadic” enact worlds and their realities, suggesting that, unlike the latter, the former create a single reality intolerant of alternatives. The focus is thus on a “politics of how” and the ways in which colonial realities and knowledges might intersect less destructively. (shrink)

Indigenous peoples often embrace different versions of the concept of food sovereignty. Yet some of these concepts are seemingly based on impossible ideals of food self-sufficiency. I will suggest in this essay that for at least some North American Indigenous peoples, food sovereignty movements are not based on such ideals, even though they invoke concepts of cultural revitalization and political sovereignty. Instead, food sovereignty is a strategy of Indigenous resurgence that negotiates structures of settler colonialism that (...) erase the ecological value of certain foods for Indigenous peoples. (shrink)

Postcolonial discourse is incredibly diverse and postcolonial art in Australia has numerous critical modes. This paper describes an approach in Contemporary Indigenous art that attempts a critique of the law from within the law rather than outside of it. It takes a radical form of over-proximity, rather than avant-garde distance, and finds the gap and failure in law’s attempt at creating legal subjects of us all. In the work of Gordon Bennett, Danie Mellor and the duo Adam Geczy and (...) Adam Hill, there is a working through the political and legal ramifications of the Indigenous subject in contemporary Australia. The focus on processes of initiation and subjectivization, or what Althusser called “interpellation” and show the effects of this interpellation in the Indigenous subject and offer modes of resistance. The artists are informed by Lacanian notions of subjectivization and utilise this approach to semiotics and power as the starting point for their critique. (shrink)

Waters aries that the demands of indigenous bio-prospecting programs need to be considered against the needs of indigenous communities. Issues of sovereignty and rights to self-determination need to be resolved in the context of negotiating bio-prospecting plans. By setting out clear guidelines and priorities, as determined through the eyes and values of indigenous peoples, indigenous communities may have an opportunity to participate in the global sharing of biomedical information and healing for all our relations. Before any (...) projects get underway, however, social, political, and legal issues ought to be settled so that informed decision can be made on the part of indigenous communities to partake of the invitation to bio-prospecting, or not. (shrink)

Researchers seeking to engage in projects related to Tribal communities and their citizens, lands, and non-human relatives are responsible for understanding and abiding by each Tribal nation’s research laws and review processes. Few studies, however, have described the many diverse forms of Tribal research review systems across the United States (US). This study provides one of the most comprehensive examinations of research review processes administered by Tribal Research Review Boards (TRRBs) in the US. Through a systematic analysis, we consider TRRBs’ (...) online presence, online documentation, and themes across documents, for five entity types: Tribal nations and Tribal consortiums, Tribal colleges and universities, Tribal health organizations, Indian Health Services, and other Tribal organizations. Results include an assessment of online presence for 98 potential TRRBs, identification of 118 publicly available online documents, and analysis of 41 themes across four document types: Tribal research codes and TRRBs’ guidelines, applications, and post-approval documents. Altogether, this research provides a macro-level analysis of the most common types of TRRBs in the US in an effort to increase researchers’ understanding of these important processes as they prepare to ethically engage Tribal communities in research. These results aim to empower Tribal decision makers as they align their TRRBs’ online visibility and documentation with community priorities and strengthen their protections for the rights and wellbeing of their citizens and community. Ultimately, by expanding our knowledge of TRRBs across the US, this contribution seeks to uphold Tribal sovereignty in research and promote ethical approaches to research with Indigenous communities. (shrink)

International law guarantees rights to indigenous peoples regarding traditional lands, knowledge, cultural preservation, and human security. This paper will examine the sources of these rights and legal remedies for violations of law. Protection of indigenous peoples’ cultures and resources contribute to the protection of the global environment.

The continuing existence and operation of the traditional law of Aboriginal and Torres Strait Islander peoples has – relatively recently – been explicitly acknowledged in Australian law. In emerging case law on the subject, the High Court of Australia has confirmed the common law recognition of the survival of Indigenous Australian law. However, in determining what it is that is recognized by the common law – in interpreting Indigenous Australian ‘traditional laws and customs’ – the High Court has (...) disregarded the knowledge reposed in those with authority or expertise in Indigenous Australian law, relying instead upon concepts and assumptions from the jurisprudence of English legal philosopher, HLA Hart. The influence of Hart’s theory in the Australian High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’ is problematic, because it contains an obvious pre-legal–legal dualism reminiscent of the ‘state of nature’ – ‘civil society’ mechanism that was instrumental in the application of terra nullius to Australia. At the heart of The Concept of Law lies the notion of progression from a ‘primitive community’ with only primary rules, to an advanced legal system with a combination of both primary and secondary rules. In this article, I investigate how Indigenous Australians are positioned in relation to Hart’s pre-legal–legal dualism. I examine the ‘primitive’, pre-legal society in The Concept of Law, and its counterpart, the advanced legal system, to analyze the position of Indigenous Australian societies and law in Hart’s scheme. Finally, I analyze the construction of the dualism and consider its impact on the High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’. (shrink)

This book explores aspects of indigenous Yoruba philosophy of law and relates this philosophy to the Yoruba indigenous traditions of governance. It is written with an appreciation of the relevance of the Yoruba traditions of law and governance to contemporary African experiments with imported Western democracy in the twenty-first century.

Philosophy & Social Criticism, Volume 48, Issue 6, Page 882-903, July 2022. Indigenous conservation through patrimonialization is the product of political and legal decisions made by a non-indigenous agent: the liberal state, using the law to retain a form of bios. We propose that patrimonialization is the device by which liberal states have processed and integrated indigenous claims into a form of bios ultimately designed to safeguard state legal structures. We argue that, to uphold the rule of (...) law in contexts of struggle and resistance that challenge the very understanding of the law, states respond by wielding the law in the form of the rule by law, that is, pushing the law to the limit to give normative content to the criteria by which the state conducts its affairs, without straying from the individual rights framework. We hold that the rule by law is an operation that defines the patrimonialization of indigenous peoples. It increases their visibility while imposing limits on political action to keep them from becoming sui juris subjects capable of breaching the distinction between zoe and bios. In this article, we try to understand the political–ideological intent of these decisions, the intentions beyond the letter of the law of patrimonialized peoples. (shrink)

Indigenous environmental movements have been important actors in twentieth- and twenty-first-century global environmental politics and environmental justice. Their explicit foci range from the protection of indigenous environmental stewardship systems to upholding and expanding treaty responsibilities to securing indigenous rights in law and policy. This chapter suggests that these movements open important intellectual spaces for thinking about the function of environmental governance institutions in addressing complex environmental issues such as clean water and forest conservation. Different from institutional functions (...) based on market mechanisms or appeals to human psychological tendencies, a variety of indigenous environmentalists suggest that institutions should function to convene reciprocal responsibilities across relatives as diverse as humans, non-human beings such as plants, entities such as water, and collectives such as forests. (shrink)

Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from discussions about state-Indigenous histories and interactions. (...) The normative narrowness of these arguments is explored alongside developments within Canadian law that purport to respond to the historic denial of substantive Indigenous interests in lands by colonial and Canadian authorities. While the analysis predominantly takes a bird’s-eye view of the interaction of varied normative systems, the conclusion advances a normatively charged argument, as I speculate about why courts – and academics writing about the passage of time – seem intent on developing arguments that displace Indigenous understandings. (shrink)

State and international laws have often been instruments of oppression against Indigenous peoples, enabling and casting a veil of legitimacy over state actions that dispossess, assimilate, and discriminate. In the contemporary setting such law has, at times, come to be harnessed to support or protect Indigenous interests, including addressing Indigenous health deficits and associated injustices.

In 2000, researchers from the Human Genome Project proclaimed that the initial sequencing of the human genome definitively proved, among other things, that there was no genetic basis for race. The genetic fact that most humans were 99.9% the same at the level of their DNA was widely heralded and circulated in the English-speaking press, especially in the United States. This pronouncement seemed proof that long-term antiracist efforts to de-biologize race were legitimized by scientific findings. Yet, despite the seemingly widespread (...) acceptance of the social construction of race, post-HGP genetic science has seen a substantial shift toward the use of race variables in genetic research and, according to a number of prominent scholars, is re-invoking the specter of earlier forms of racial science in some rather discomfiting ways. During the past seven years, the main thrust of human genetic research, especially in the realm of biomedicine, has shifted from a concern with the 99.9% of the shared genome — what is thought to make humans alike — towards an explicit focus on the 0.1% that constitutes human genetic variation. Here I briefly explore some of the potential implications of the conceptualization and practice of early 21st century genetic variation research, especially as it relates to questions of race. (shrink)

Contemporary notions of what constitutes tribal self government for Indigenous Peoples in the legal systems of the nation-states Canada, New Zealand and the United States of America have their origins in philosophies and theories developed by European nation-states generally, in relation to their colonial expansion into what is now called the Americas. This thesis examines the nature of these theories, and how they have formed the basis for legal precedent and public policy in the three nation-states. A representative analysis (...) of three contemporary issues will serve to illustrate the outcome of this legal/political history. I look at three sites. These are the British Columbia Treaty Process in Canada, the Waka Umanga legislation in New Zealand, and legal developments arising from the Indian Reorganization Act in the United States. Full sovereignty from an Indigenous Peoples worldview existed for Indigenous nations, and with it, self government. The notion of self government as a viable and contemporary public policy initiative is well grounded in law and history. It would seem that current initiatives to acknowledge this inherent right are more about preserving colonial hegemony rather then engaging in honest negotiation. Current initiatives are converging into a single public policy goal; namely the corporatisation of Indigenous Peoples legal personality and self governing capacity. What used to be distinct nation-state development now seems to be a four nation-state (CANZUS) unified plan being implemented on four different fronts. Clearly, from the legal history, self government is something fundamentally different from self-management. The advent of Legal Positivism has played a significant role in assumptions that inherent sovereignty and self government never existed under European legal systems. The framework of tribal self governance must be viewed in the context of the values of the specific People to be a true expression of an Indigenous Nation exercising self government. This fundamental distinction can be traced back to the legal history. The foundational laws regarding interactions with Indigenous Peoples were developed under theories of natural law. The contemporary state practice is conducted under positivist law, with a nod toward developing human rights standards. Only through continued advocacy for the legal recognition of inherent rights will the nation-states be challenged on their self management agenda. (shrink)

New institutions of indigenous governance will be the product of negotiations, negotiations that will take place against a background of colonial structures and relationships. Having examined the challenges of structuring a negotiation process that takes due account of pre-existing cultural and power differences between the parties, the author analyzes the significance of their choice of negotiation strategy on the negotiation process and outcome. In particular, this paper reflects on the promise and limitations of the parties’ adopting interest-based, or “integrative”, (...) negotiation strategies and the potential for fruitful entanglements between those strategies and indigenous diplomatic traditions. (shrink)

In the last two decades in Brazil, indigenous peoples have been struggling for their rights through the practice of what they call “retomada de terras” (reappropriation of lands), which consists of reoccupying ancestral lands that were invaded by farmers or other explorers. Inspired by indigenous perspectives, new social movements are struggling for land and territory. After years of reclaiming the legal demarcation of indigenous lands or agrarian reform without a resolution from the State, they decided to act (...) directly in the building of their territories. Within this process, there is also a production of another space, another ecology, another relationship to the land. If Carl Schmitt is right when he says that the original movement that makes law arise is the taking of land, which produces an ordering of space and defines borders that establish internal and external relations, what happens when lands are retaken and borders are reshaped? If we conceive of law in a very modern and technical conception, solely linked to an institutional image, it cannot help us to answer this question. The practice of “retomada” by the Tupinambá people and the agroecological experience of the Web of the People (Teia dos Povos) in Brazil can be an interesting path to investigate how the conditions of existence can be produced beyond abstract rights and more-than-human arrangements can change the way we live together. These practices produce justice spatially in a given territory and bring conceptions of rights rooted in the entanglements of bodies and their territories. (shrink)

The paper notes that whereas the issue of capital punishment is very old and not alien to any human society, and whereas there is an abundance of literature on Western philosophy of punishment, very little philosophical work on punishment from the African perspective can be cited. By way of filling a part of the lacuna in the literature, the paper examines the Yorùbá culture for its perspectives on the death penalty.The paper finds in the Ifá Literary Corpus, though implicit, a (...) strong philosophical argument against capital punishment. The argument, explicated and analyzed, turns out to be an introduction of a skeptical epistemological consideration into the debate over capital punishment in a unique way that raises some other jurisprudential issues relating to judicial administration.The paper concludes that although there may, as would be expected, be other positions on the issue of death penalty in Yorùbá culture, the particular argument examined validly makes its point for the abolition of capital punishment, especially when situated in the context of Yorùbá social ethic, which is essentially communal and humanistic. The enabling cultural context of the Ifá argument against capital punishment was extended beyond its immediate Yorùbá sociocultural context to the pan-African humanistic social ethic conceptualized in Bantu languages of Southern Africa as ‘Ubuntu’, thereby giving the argument a contemporary universal relevance and applicability. (shrink)

In colonial societies such as Canada the implications of colonialism and ethnocide (or cultural genocide) for ethical decision‐making are ill‐understood yet have profound implications in health ethics and other spheres. They combine to shape racism in health care in ways, sometimes obvious, more often subtle, that are inadequately understood and often wholly unnoticed. Along with overt experiences of interpersonal racism, Indigenous people with health care needs are confronted by systemic racism in the shaping of institutional structures, hospital policies and (...) in resource allocation decisions. Above all, racism is a function of state law – of the unilateral imposition of the settler society law on Indigenous communities. Indeed, the laws, including health laws, are social determinants of the ill‐health of Indigenous peoples. This article describes the problem of Indigenous ethnocide and explores its ethical implications. It thereby problematizes the role of law in health ethics. (shrink)

Increasingly, the role of health research in improving the discrepancies in health outcomes between Indigenous and non-Indigenous populations in developed countries is being recognised. Along with this comes the recognition that health research must be conducted in a manner that is culturally appropriate and ethically sound. Two key documents have been produced in Australia, known as The Road Map and The Guidelines, to provide theoretical and philosophical direction to the ethics of Indigenous health research. These documents identify (...) research themes considered critical to improving the health of the nation’s Indigenous peoples. They also provide values that, from an Indigenous perspective, are foundational to an ethical research process. This paper examines these research themes and values within the context of a current longitudinal birth cohort study of Indigenous infants and children in south-west Sydney: the Gudaga Study. Considerable time and effort have been invested in being true to the values stated in these documents: reciprocity; respect; equality; responsibility; survival and protection; and spirit and integrity. We have learnt that it is vital to be true to these values when conducting Indigenous health research—to quite literally “walk the talk”. (shrink)

This paper is emphatically focused in the analysis on the indigenous problem such as it had been ruled by law in the different Venezuelan Constitutions since the foundation of the Republic in 1811. Our purpose does not go as far as to treat the ancestral indigenous problem in Venezuela because this would exceeds the limits of our study; although, we will do some references in relation to this question.

The present paper examines conventional wisdom on the subject of the justification of indigenous peoples' intellectual property rights, and offers an alternative approach. The examination is achieved by a critique of two such conventional approaches in terms of the strength of each argument employed, and in terms of the efficacy of each in the roles allotted to them. The first such argument is Stenson and Gray's application of Kymlicka's individualist theory advocating national minority autonomy. The second argument is the (...) labour entitlement theory of property acquisition, as advanced by Locke and Nozick. These theories only explain how a liberal social contract theorist would construct justifications from the outside. That this is inadequate is shown by reference to a case study involving indigenous claims against Australian law based on indigenous customary law. There, appeals are not made to abstract theory, but to tribal imperative. This observation finds sympathetic support in a reading of Hegel's philosophy of history. Hegel finds spirit in all peoples at all times. To Hegel, non-state peoples are developmentally prior to states; this means that states have developed dialectically from such peoples and cannot therefore deny them without self-contradiction. This places an onus upon a state that has subsumed an indigenous people to accommodate its laws and ways. (shrink)

From the time of British colonial settlement, innumerable taonga (treasures) have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko ( Māori tattoo). This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, (...) so as to tease out the conflicts between intellectual property (IP, specifically copyright) laws and norms on one hand, and international frameworks for human and cultural rights on the other. It examines the implications of the case for tā moko as an indigenous artistic tradition, and the tension between human/artistic and cultural rights, before discussing potential remedial strategies, drawing on the findings of the Wai 262 (Waitangi Tribunal) report into claims concerning New Zealand law and policy affecting Māori culture and identity. Theoretically, it employs Manuel DeLanda’s assemblage theory as a framework for analysis, the benefit of DeLanda’s work being that it provides a novel approach circumventing the usual ontological terms of intellectual property laws and norms, which tend towards a kind of methodological individualism or micro-reductionism. (shrink)

Despite the United Nations Declaration of the Rights of Indigenous Peoples, assimilationist policies continue, whether official or effective. Such policies affect more than the right to group choice. The concern is whether indeed genocide or “only” ethnocide (or culturecide)—the elimination of a traditional culture—is at work. Discussions of the distinction between the two terms have been inconsistent enough that at least one commentator has declared that they cannot be used in analytical contexts. While these terms, I contend, have distinct (...) senses, yet in cases of governmental and other institutional assimilationist policy for indigenous peoples, such ethnocide effectively entails genocide. Insofar as any people’s cultural practices and beliefs are essential for life and health, individuals in groups value, if tacitly, their culture as highly as their language or any artifact: Thus, attempts to eradicate a culture through assimilation in fact eradicate individuals’ lives and health and so are effectively murderous. Acknowledgement by worldwide organizations that assimilationist ethnocide is effectively genocide should affect policy concerning indigenous peoples and thus has significance for international law. (shrink)

Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa’s Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic (...) justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. The chapters were originally published as a special issue in the Journal of Global Ethics, with one addition from The Round Table.”. (shrink)

The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state (...) with wide degrees of autonomy and participation for indigenous nationalities. A part of those demands was the double strategy to fight for legal pluralism while already installing it at the local level. Even if some degrees of legal pluralism have been recognized in Ecuador since the mid-1990s, in practice, the local de facto practice prevails until today. Another central part of the demand for plurinationality is the representation of indigenous peoples in the legislative organs of the state, developing since their first appearance in the 1940s in a complex way. This article will analyze the development of right-based demands within the discourse of the indigenous movement in Ecuador, the visions of the implied state-reform and the organizational and political background and implication they have. Based on an analysis of the central texts of the indigenous organizations, conceptualizations of rights and laws and their appropriation within an autonomist discourse and a local practice will be highlighted. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both (...) peoples and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

Wil Waluchow’s notion of Community’s Constitutional Morality (CCM) was developed as a tool for the identification of moral norms and considered judgments that are in some way tied to a community’s constitutional law and practices. In this paper I first argue that even though the tool was conceived under a state-based paradigm, it also works on a global scale. Then, I show how by relying on this tool we can achieve two important and clearly differentiable goals. The first goal relates (...) to efforts regarding the construction of global theories of justice. By using Waluchow’s CCM we can overcome what I call the problem of adjudication among differentexisting moral intuitions. That is, the need to choose between different and competing fundamental moral commitments that ought to guide our moral deliberations. Instead, by using CCM, we can identify Embodied Moral Intuitions that hold an epistemic advantage over Personal Moral Intuitions, which are commonly used to ground normative projects. The second goal relates to contemporary efforts to decolonize our perspectives about justice, domestic and global. By relying on Waluchow’s notion of CCM, the reality that Indigenous knowledge, despite it not having been properly acknowledged in most philosophical academic debates, is already a part of our debates about global justice becomes undeniable and a call for action to further expand our understanding of global political morality. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such (...) as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

In our global neocolonial and neoliberal present, so-called solutions to settler-Indigenous conflict are often framed as a reconciliation achieved through a multicultural democratic society. However, this conception of resolution frequently adopts a superficial understanding of culture that ultimately understands cultural difference as reconcilable in the sense that other cultures can be folded into or made compatible with dominant cultural norms. On Turtle Island (North America), especially within the settler colonial context, such reconciliation as resolution becomes a differently fashioned form (...) of domination as assimilation especially from the vantage points of Indigenous nations and Afro-descended peoples. This essay explores the ontological incommensurabilities of cultural difference that resist assimilation or translation into dominant Euro-Western cultural frameworks. It does this through examining the way culture and ontological orientation, or world-senses, are made and live on through various modes of cultural preservation and practice. I examine these ideas through Indigenous practices of orality, origin stories, ceremony, and cultural revitalization. (shrink)

Brazil is a geographically large country with a significant indigenous population. Although these tribes strive to maintain their traditional way of life, they have undergone cultural changes over time due to interactions with the modern world. In recent years, especially in the Amazon rainforest, indigenous tribes have been forced to contend with deforestation and environmental threats. Consequently, preserving indigenous peoples and their cultural heritage has become an urgent task in the context of our multicultural world. The Amazon (...) rainforest is crucial for global biodiversity. However, under former President Jair Bolsonaro, deforestation accelerated, leading to the destruction of natural habitats for indigenous peoples and complicating efforts to combat climate change. As a result, Brazil’s indigenous peoples faced serious threats to their land rights, cultural heritage, and shared habitat during his administration. Attacks on indigenous lands caused not only physical damage but also cultural and linguistic harm. Local communities struggled to maintain their traditional way of life and pass on their language and culture to future generations. Environmental groups, human rights activists, and other countries criticized Brazil’s policies and practices on this issue, demanding change. The article highlights the main reasons behind the threats faced by the local population during J. Bolsonaro's presidency. To preserve their existence, solutions such as raising public awareness within civil society, securing national and international support, revitalizing the economy, monitoring to stop encroachment on local lands, and further strengthening environmental protection were considered. (shrink)

The two major schools of thought in Indigenous−settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self- determination and cultural renewal. Reconciliation refers to practices of reconciliation between Indigenous and settler nations as well as efforts to strengthen the relationship between Indigenous and settler peoples with the living earth and making that relationship the basis for both resurgence and Indigenous−settler reconciliation. (...) -/- Critically and constructively analyzing these two schools from a variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is a truly multidisciplinary work, blending law, political science, political economy, women’s studies, history, anthropology, ecology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. -/- By using “earth teachings” to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world’s most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate. (shrink)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the (...) two Australian cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

Although international law grants a distinct juristic personality to indigenous peoples, this subjecthood is premised on a hierarchical reading of ethnicity and indigeneity. Through illustrations of Adivasi experiences in India, this article interrogates the prejudices of the global juridical discourse that are reproduced by the domestic jurisdiction, exposing the voyeuristic performance of legality in constructing indigenousness.

Much has been written about indigenous knowledge and intellectual property rights in fields like anthropology and law. However, it remains an under-examined topic in business and management literature. In this article, we review the emerging contentious discourse, definitional issues and underlying assumptions of the western IPR and indigenous knowledge management systems. We highlight the similarities and differences between the two approaches. We argue that adopting a view that law is socially constructed with ethical underpinnings helps sort out the (...) thorny issues related to indigenous knowledge ‘expropriation’. To do this, we draw on the role of ethical norms in the historical evolution of IPRs regimes. Finally, grounded in Stakeholder Theory, we conclude with a discussion of managerial implications. (shrink)