This book will provide a cutting-edge, theoretically innovative, and analytically detailed response to significant developments occurring in the fields of indigenous governance.

This paper examines the relationship between understandings of Indigenous government and the development of early-modern European, and especially British, political thought. It will be argued that a range of British political thinkers represented Indigenous peoples as being in want of effective government and regular conduct due to the absence of sufficiently developed property relations among them. In particular, British political thinkers framed the ‘deficiencies’ of Indigenous people by ideas of civilization in which key assumptions connected (...) ‘property’, ‘government’, and ‘society’ as the attainments of civilized polities and societies. Accordingly, Indigenous peoples in Australia and elsewhere were perceived to live in associations (rather than ‘societies’) bound by custom and tradition (rather than ‘government’). The paper will thus identify conceptual connections made between property, polity, and sovereignty in European and British political thought, and argue that such understandings provide a useful resource for understanding colonial attitudes to Indigenous people in Australia down to the present day. (shrink)

In this paper, I explore how theorists might navigate a course between the twin dangers of piety and excess cynicism when thinking critically about state apologies, by focusing on two government apologies to indigenous peoples: namely, those made by the Australian and Canadian Prime Ministers in 2008. Both apologies are notable for several reasons: they were both issued by heads of government, and spoken on record within the space of government: the national parliaments of both countries. (...) Furthermore, in each case, the object of the apology – that which was apologized for – comes closer to disrupting the idea both countries have of themselves, and their image in the global political community, than any previous apologies made by either government. Perhaps as a result, both apologies were surrounded by celebration and controversy alike, and tracing their consequences – even in the short term – is a difficult business. We avoid excessive piety or cynicism, I argue, when we take several things into account. First, apologies have multiple functions: they narrate particular histories of wrongdoing, they express disavowal of that wrongdoing, and they commit to appropriate forms of repair or renewal. Second, the significance and the success of each function must be assessed contextually. Third, when turning to official political apologies, in particular, appropriate assessment of their capacity to disavow or to commit requires that consider apologies both as performance and as political action. While there remain significant questions regarding the practice of political apology – in particular, its relationship to practices of reparation, forgiveness and reconciliation – this approach can provide a framework with which to best consider them. (shrink)

This article explores governance issues in an area of limited statehood characterized by the combination of state and indigenous institutions. This is done by adopting an institutional lens focusing on three factors—field structures, institutional logics, and actor agency—to analyze governance settlements. The results point to how complex governance settlements in areas of limited statehood hold together with a certain degree of alignment between institutional elements. However, as the field evolves, contestations and misalignments lead to changes in governance settlements. Analyzing (...) these transitions, this study identifies three key processes that have facilitated deeper state penetration in the field, namely, delocalization of field structures, hybridization of institutional logics, and diversification of actor agency. (shrink)

This article discusses indigenous rights within the context of global governance. I begin by defining the terms “global governance” and “indigenous peoples” and summarizing the rights that are most important to indigenous peoples. The bulk of this article studies the global governance of indigenous rights in three areas. The first example is the creation of the 2007 UN Declaration on the Rights of Indigenous Peoples. A second example involves violations of indigenous rights brought before (...) the Inter-American Court of Human Rights. A third case looks at a relatively new international regime created by indigenous peoples themselves—the Inuit Circumpolar Council. I conclude by using theories of sovereignty to assess the relative successes and failures of indigenous efforts to secure their rights. (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)

(2001). Reflexive governance and indigenous self‐rule: Lessons in associative democracy? Critical Review of International Social and Political Philosophy: Vol. 4, Associative Democracy: The Real Third Way, pp. 157-186.

Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: Canada, Australia, (...) Peru, and Guatemala. In each case, the reconciliation mechanism differentiated the goal of reconciliation from an indigenous self-determination agenda. The resulting state-centered strategies ultimately failed to hold states fully accountable for past wrongs and, because of this, failed to transform inter-group relations. (shrink)

This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in 2007. This (...) historic event may seem to exemplify the international legal human rights system’s ability to function as a truly global legal regime applicable cross-culturally to all well-ordered societies, whether liberal or nonliberal. The article argues, however, that the collective right to self-determination advocated by indigenous peoples for the sake of cultural integrity is inconsistent with the international legal human rights system founded on liberal individualism. By showing the plausibility of indigenous peoples’ defense of their cultural integrity, this article suggests that the international legal human rights system ought to be reconceptualized to reflect a genuine international consensus on human rights among all well-ordered societies if it is to function as a just mechanism for global governance. (shrink)

Within food systems governance spaces, civil society organizations (CSOs) play important roles in addressing power structures and shaping decisions. In Canada, CSO food systems actors increasingly understand the importance of building relationships among settler and Indigenous peoples in their work. Efforts to make food systems more sustainable and just necessarily mean confronting the realities that most of what is known as Canada is unceded Indigenous territory, stolen land, land acquired through coercive means, and/or land bound by treaty between (...) specific Indigenous groups and the Crown. CSOs that aim to build more equitable food systems must thus engage with the ongoing impacts of settler colonialism, learn/unlearn colonial histories, and build meaningful relationships with Indigenous peoples. This paper explores how settler-led CSOs engage with Indigenous communities and organizations in their food systems governance work. The research draws on 71 semi-structured interviews with CSO leaders engaged in food systems work from across Canada. Our analysis presents an illustrative snapshot of the complex and ongoing processes of settler-Indigenous engagement, where many settler-led CSOs aim to work more closely with Indigenous communities and organizations. However, participants also recognize that most existing engagements remain insufficient. We share CSOs’ practices, tensions, and lessons learned as reflections for scholars and practitioners interested in the continuous journey of building settler-Indigenous partnerships and reimagining more just and sustainable food systems, work which requires iterative and critically reflexive learning. (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.

Ethics, Policy & Environment, Volume 15, Issue 2, Page 172-187, June 2012.

This contribution explores correctives to several errors that Thomas Nagel seems to presuppose in his seminal defence of scepticism about global justice. I rely on lessons learned and conventions surviving in West African contemporary social and moral contexts, where people engage as a matter of course in divergent, historically antagonistic cultural and political traditions. On this view, global justice is a work in progress—not a fixed univocal formula but an on-going collaborative effort, a project in perpetual renovation and inter-cultural reconsideration (...) by successive generations which presupposes a diversity of values and ways of sanctifying human life. I consider ways in which an ethics of care, as suggested by Virginia Held, might have been anticipated by the time-honoured norms of governance and political culture surviving in complex African polities, cultures which have withstood the corrosion of external colonialism since early modernity. How might iconically African, universally fundamental moral notions of decency and fairness find their way back into the global marketplace of diplomatic discourse and economic policy design?To demonstrate the need to navigate towards some consensus within the diversity of indigenous concepts associated with justice and good governance in Africa, I discuss the fiasco displayed in a widely celebrated proposal for exercising globally principles of justice in the Western liberal political tradition applied to remedy Africans’ notorious resource curse. (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)

An essential motif of the Western is the frontier in which people of European descent encounter American Indians as other. Indians were viewed as bloodthirsty savages, despite the fact that Europeans were the primary aggressors. The bloodthirsty savage stereotype finds intellectual support in the political philosophy of Thomas Hobbes. Governance in most traditional North American Indian communities isn't about ruling over subordinates, but about forging consent among equals. Indigenous government was often based on equal respect for the values (...) and sovereignty of each member of the community. The Federation embodies Star Trek's vision of multicultural liberalism. The history of Western philosophy has placed masculinity in dominance and control over femininity. This breeds a culture of violence and disharmony and people in need of healing. People of European descent are infected by this history in need of the thawing warmth of the South and a vision that harmonizes masculinity with femininity. (shrink)

A history of colonization inflicts psychological, physical, and structural disadvantages that endure across generations. For an increasing number of Indigenous Australians, environmental epigenetics offers an important explanatory framework that links the social past with the biological present, providing a culturally relevant way of understanding the various intergenerational effects of historical trauma. In this paper, we critically examine the strategic uptake of environmental epigenetics by Indigenous researchers and policy advocates. We focus on the relationship between epigenetic processes and (...) class='Hi'>Indigenous views of Country and health—views that locate health not in individual bodies but within relational contexts of Indigenous ontologies that embody interconnected environments of kin/animals/matter/bodies across time and space. This drawing together of Indigenous experience and epigenetic knowledge has strengthened calls for action including state-supported calls for financial reparations. We examine the consequences of this reimagining of disease responsibility in the context of “strategic biological essentialism,” a distinct form of biopolitics that, in this case, incorporates environmental determinism. We conclude that the shaping of the right to protection from biosocial injury is potentially empowering but also has the capacity to conceal forms of governance through claimants’ identification as “damaged,” thus furthering State justification of biopolitical intervention in Indigenous lives. (shrink)

Within the last 20 years, the US has mounted amassive campaign against invasions bynon-indigenous species (NIS) such as zebramussels, kudzu, water hyacinths, and brown treesnakes. NIS have disrupted native ecosystemsand caused hundreds of billions of dollars ofannual damage. Many in the scientificcommunity say the problem of NIS is primarilypolitical and economic: getting governments toregulate powerful vested interests thatintroduce species through such vehicles asships' ballast water. This paper argues that,although politics and economics play a role,the problem is primarily one of (...) scientificmethod. Even if commercial interests werewilling to spend the necessary funds to controlNIS, and even if government were willing toregulate them, ecological theory is notadequate to provide clear direction for eithereffort. The paper argues there is nocomprehensive, predictive theory ofinvasibility, as part of a larger theory ofcommunity structure, that might guideecological decision making regarding NIS, andfor at least three reasons. (1) There is nofirm definition of NIS, native, exotic,and so on, and ecologists do not use the termsconsistently; as a result, biologists debatingvarious accounts of community structure andecological explanation often do not even makelogical contact with each other. (2) Thedominant theory used to understandinvasibility, island biogeography, has noprecise predictive power and is unable toclarify when NIS might promote biodiversity andwhen they might hinder it. (3) There are nofirm, empirical generalizations that revealwhen a colonizer or a NIS might be likely totake over a new environment, and when it mightnot succeed in doing so. As a result,scientists have only rough rules of thumb toshore up their arguments against NIS. Given theincompleteness of current ecological theory,the paper closes with several suggestions forways that study of NIS might enhanceunderstanding of basic commmunity structuresand vice versa. (shrink)

This article explores the meaning of inclusive participation in global conservation decision-making processes. It draws on data collected in collaborative ethnographic research of the latest World Conservation Congress (WCC) held in 2008 in Barcelona, Spain. We argue that despite a discernible shift towards the incorporation of indigenous rights and indigenous peoples' representatives within the conservation equation, many challenges to full participation still exist for both indigenous peoples and other local resource users who may be affected by conservation (...) governance decisions. Several conditions exist at a global scale that limit democratic participation, including the unequal power relations between indigenous peoples and the global north, which limits the space for indigenous inclusion, the democratic deliberation that is often treated as a checkbox item, the limited resources to facilitate broad inclusion (in terms of both monetary and cultural capital), and the political challenges of legitimacy for some at more local scales, such as the concern of who represents whom at the global scale. We recognise effort has been given to expanded participation in global conservation governance, but inclusive and deliberative participation is still limited within IUCN and among other conservation NGOs. (shrink)

This article explores the recurrent global claim by indigenous peoples for their spiritual concerns to be taken seriously and given appropriate effect in public policy. The secular liberal state's commitment to ideals of religious neutrality and equal treatment of all faiths and none is clearly tested to the degree it privileges traditional indigenous religion in the name of fostering indigenous culture. This dilemma has been acutely raised in New Zealand where Maori metaphysical concerns—the appeasement of taniwha (spiritual (...) monsters) and the evils of mingling the mauri (life-force) of human and non-human species in genetic engineering—have been subjected to judicial scrutiny. Quite apart from issues of justiciability, the legal acknowledgment of indigenous spirituality raises questions about the continued secularity of the state. This essay traverses the varying responses to indigenous spirituality, especially criticisms that such recognition constitutes government countenancing of primitive superstition, a fostering of paganism or naked religious favouritism. (shrink)

It is the nature of the earth to lie ‘wholly spread out under the sky’: hapasê hê hupo tô kosmô keimenê (Isocrates); and the sky determines the World. Indeed it is the same as the World, as Plato states in the final words of Timaeus: ‘the World was born: it is the Sky, which is one and alone of its race’ (ho kosmos … gegonen heis ouranos hode monogenês ôn). What is thus clearly ‘one and alone of its race’ dominates (...) by its very nature what is subjected to it: the earth. With the coming of the age of modernity, and today more than ever, the West has indeed subjected the Earth and its peoples by imposing its World on them. But it is the nature of worlds, as it is of heavens, to be limited by a horizon; and there is no sky, nor world, that is not supported by an earth. By the Earth, we mean to say nature. This ancient certainty, this primary metaphor, has been inscribed in us since the first creatures to become human, standing with both feet on the ground and head turned towards the sky, first saw the horizon. As paleo-anthropology tells us, it is in effect in the same movement that they began to create technical and symbolic systems from which the ecumene would spring; and this prime metaphor that was the basis for the ecumene and its worlds has continued to work on the generation of secondary metaphors that govern the history of human thought through the unconscious - from Aristotle when, inventing the notion of subject, he called it hupokeimenon, ‘what lies below’ (as the earth lies below the sky), to Heidegger when he imagined The Origin of the Work of Art as a ‘dispute’ (Streit) between a world and the earth. Indeed there is Streit because the earth denies itself and withdraws into its interior, in the very exteriorization that opens it into a world. (shrink)

Background Many indigenous people have died or been harmed because of inadequately monitored research. Strong regulations in Human Research Ethics (HRE) are required to address these injustices and to ensure that peoples’ participation in health research is safe. Indigenous peoples advocate that research that respects indigenous principles can contribute to addressing their health inequities. This scoping literature review aims to analyze existing peer reviewed and grey literature to explore how indigenous values and principles from countries of (...) Oceania are incorporated into HRE and the governance of research involving human participants. Methods A scoping literature review framework was used for this study. A search for peer reviewed and grey literature from Google, bibliographies, and electronic databases such as SCOPUS, SPRINGER, Medline (Ovid) and JBI Database of Systematic Reviews was conducted, limited to the years 2002–2020. Sixty (60) documents that focused on indigenous knowledge from Oceania region and HRE were included, from which key findings and themes were synthesized. Results Charting the data showed that more than half the eligible documents were peer-reviewed journal articles (54%). Other sources included: International Declarations on Human Research (8%); book chapters (8%); government documents (8%); HRE Guidelines or protocols (13%); news articles (7%) and PhD thesis (2%). The literature was from Australia, Cook Islands, Guam, New Zealand, Fiji, Samoa, Tonga and Vanuatu, some of which focused specifically on HREs in the Pacific Region. Issues emerging from the literature were grouped into five themes (i) indigenous and cultural principles of HRE; (ii) informed consent in indigenous settings in Oceania; (iii) vulnerability and minority status of indigenous populations exploited for research; (iv) research ethics governance for Oceania indigenous peoples; and (v) research ethics committees in Oceania. Respect, relationship building, and trust were priority indigenous HRE principles that encompass the principles of partnership, capacity building, reciprocity, and equality. Relationship building and trust imply the equal distribution of benefits for indigenous population and researchers. Conclusion Indigenous principles of HRE identified were interconnected and interdependent. Recommendations were to incorporate indigenous principles of research in HRE regulations and processes of all countries with indigenous populations. This is especially pertinent for emerging national research committees in LMIC countries, including Fiji and Tonga. Relationship building among researchers and indigenous populations is key to successful research with indigenous populations. HRE principles important for relationship building include respect that is reciprocal among researchers and indigenous people. Elements of the principle of respect highlighted are empathy, collaboration, sharing of benefits, reciprocity, appreciation, empowerment, protection, safety and awareness of culture and languages. Indigenous ontology from the Oceania region involves spirituality, connectedness to land, religious beliefs and a participatory approach to HRE and should be respected in research. An ethical governance mechanism of HRE is one that incorporates indigenous principles and applications for the purpose of maximizing the protection of the dignity and rights of indigenous peoples of Oceania. (shrink)

Social purpose initiatives rarely take place in one sector or policy domain. They are likely to cross sector, community, local, national and indigenous boundaries and, in so doing, require alternative governance arrangements that are responsive and sustainable. This article focuses on the process of forging cross boundary governance processes drawing on a case study characterised by complex cross sector demands. The subject of the case study is a paradigm-breaking primary health and well-being initiative for a region of New Zealand (...) with longstanding healthcare challenges but contemporary possibilities. We were invited by the owners of this initiative to record and reflect on the challenges and successes, and from this to identify what might be possible for future innovations. In doing so we draw on the adaptive governance literature to frame the governance challenges and offer five paradoxes requiring collective navigation. We recognise the importance of our need to engage with Indigenous scholarship in future analyses and conclude with a series of recommendations on how such paradoxes are navigated for those needing to build governance practice in innovative social purpose initiatives. (shrink)

Herbert, Michael Indigenous health is everybody's responsibility. This is true from the national policy level, to state governments and clinics on the ground. Whichever way a particular health issue is approached, and new perspectives are certainly needed, the bottom line is that the determinants of health always reflect back to the living conditions, education, past injustices, and socioeconomic circumstances of the Aboriginal population.

in canada, after the publication of the Truth and Reconciliation Commission’s final report on the Indian Residential Schools, universities and town halls have been flooded with questions about how they are going to implement its ninety-four calls to action and how they are going to promote reconciliation on stolen lands.1 Many universities have taken heed of the call to “Indigenize” their curricula.2 The worry remains, however, that the language of reconciliation is empty rhetoric that “metaphorizes” decolonization, rather than responding to (...) the demands of Indigenous communities for self-determination and land back. For example, we might be wary of the Canadian government’s language of... (shrink)

This research advocates a strategy to mitigate or prevent further anthropogenic climate change and preserve natural resources. The strategy takes into account mechanisms of social and moral norms, which are innate in humanity due to millions of years of evolution. Social norms themselves are not innate, but the mechanisms to acquire them and implement them are. To slow down anthropogenic climate change global forces, inclusive of governments, NGOs, and collective humanity, should help indigenous peoples to protect their territories and (...) property. Important to the moral argument is highlighting the murder of Berta Cáceres, a Honduran environmental activist, in 2015 by military members of Honduras at the instruction of the Honduran joint chiefs of staff as well as the likely involvement of an energy company. To conclude, if global forces were to enforce protection of indigenous communities affected by the negative effects of urbanization and globalization, then there would be a mitigating effect on anthropogenic climate change. (shrink)

More than a decade has passed since North American Indigenous scholars began a public dialogue on how we might “Indigenize the academy.” Discussions around how to “Indigenize” and whether it’s possible to “decolonize” the academy in Canada have proliferated as a result of the Truth and Reconciliation of Canada, which calls upon Canadians to learn the truth about colonial relations and reconcile the damage that is ongoing. Indigenous scholars are increasingly leading and writing about efforts in their institutions; (...) efforts include land- and Indigenous language-based pedagogies, transformative community-based research, Indigenous theorizing, and dual governance structures. Kim Anderson’s paper invites dialogue about how Indigenous feminist approaches can spark unique Indigenizing practices, with a focus on how we might activate Indigenous feminist spaces and places in the academy. In their responses, Elena Flores Ruíz uses Mexican feminist Indigenizing discourse to ask what can be done to promote plurifeminist indigenizing practices and North-South dialogues that acknowledge dynamic Indigenous pasts and diverse contexts for present interactions on Turtle Island. Georgina Tuari Stewart proceeds to describe Mana Wahine indigenous feminist theory from Aotearoa before proceeding to develop a “kitchen logic” of mana, which parallels Anderson’s understanding of tawow. Finally, Madina Tlostanova reflects on how several ways of advancing indigenous feminist academic activism described by Anderson intersect with examples from her own native Adyghe indigenous culture divided between the neocolonial situation and the post-Soviet trauma. (shrink)

Over the last 30 years, the self-determination efforts and objectives of Indigenous peoples in Canada have increasingly been cast in the language of 'recognition' — recognition of cultural distinctiveness, recognition of an inherent right to self-government, recognition of state treaty obligations, and so on. In addition, the last 15 years have witnessed a proliferation of theoretical work aimed at fleshing out the ethical, legal and political significance of these types of claims. Subsequently, 'recognition' has now come to occupy (...) a central place in our efforts to comprehend what is at stake in contestations over identity and difference in colonial contexts more generally. In this paper, I employ Frantz Fanon's critique of Hegel's master–slave dialectic to challenge the now hegemonic assumption that the structure of domination that frames Indigenous–state relations in Canada can be undermined via a liberal politics of recognition. Against this assumption, I argue that instead of ushering in an era of peaceful coexistence grounded on the Hegelian ideal of reciprocity, the contemporary politics of recognition promises to reproduce the very configurations of colonial power that Indigenous demands for recognition have historically sought to transcend. (shrink)

After World War II, various versions of cooperatives adapted to modern economies were begun by the Church and governments. They were considered central to development strategy, remain so in many places today. This article touches on the role of missionaries beginning cooperatives with the poor indigenous peoples of Bolivia and Kenya, showing how they have evolved into a successful and sustainable enterprise in today’s globalized economy. Indigenous traditional sacred cultural ties to the land and community are transformed into (...) a successful business model that may not be as efficient as the capitalist model from a production perspective, but they are more sustainable as forces for the greater well-being of the community and the earth. I will argue that they offer a new way to consider efficiency as sustainable management of their sacred heritage lands in a Trinitarian integral ecology that is an example of the kind of new thinking that Catholic social thought calls for to counter the threats posed by our current global economic system. (shrink)

North America and New Zealand were colonized by England under an international legal principle that is known today as the Doctrine of Discovery. When Europeans set out to explore and exploit new lands in the fifteenth through the twentieth centuries, they justified their sovereign and property claims over these territories and the Indigenous people with the Discovery Doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races (...) of the world. The Doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of Native people and gained political and commercial rights over the inhabitants. England was an avid supporter of the Doctrine and used it around the world. The English colonial governments and colonists in New Zealand and America, and later the American state and federal governments and New Zealand governments, all utilized Discovery and still use it today to exercise legal rights to Native lands and to control their Indigenous people. In this article, the authors, an American Indian and a New Zealand Maori, use a comparative law methodology to trace and compare the legal and historical application of Discovery in both countries. The evidence uncovered helps to explain the current state of United States Indian law and the New Zealand law relating to Maoris. While the countries did not apply the elements of Discovery in the exact same manner, and at the same time periods, the similarities of their use of Discovery are striking and not the least bit surprising since the Doctrine was English law. Viewing American and New Zealand history in light of the international law Doctrine of Discovery helps to expand one's knowledge of both countries and their Indigenous peoples. (shrink)

Over the last 30 years, the self-determination efforts and objectives of Indigenous peoples in Canada have increasingly been cast in the language of ‘recognition’ — recognition of cultural distinctiveness, recognition of an inherent right to self-government, recognition of state treaty obligations, and so on. In addition, the last 15 years have witnessed a proliferation of theoretical work aimed at fleshing out the ethical, legal and political significance of these types of claims. Subsequently, ‘recognition’ has now come to occupy (...) a central place in our efforts to comprehend what is at stake in contestations over identity and difference in colonial contexts more generally. In this paper, I employ Frantz Fanon's critique of Hegel's master–slave dialectic to challenge the now hegemonic assumption that the structure of domination that frames Indigenous–state relations in Canada can be undermined via a liberal politics of recognition. Against this assumption, I argue that instead of ushering in an era of peaceful coexistence grounded on the Hegelian ideal of reciprocity, the contemporary politics of recognition promises to reproduce the very configurations of colonial power that Indigenous demands for recognition have historically sought to transcend. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Seeing Red: Indigenous Land, American Expansion, and the Political Economy of Plunder in North America by Michael John WitgenGeronimo Barrera de la TorreSeeing Red: Indigenous Land, American Expansion, and the Political Economy of Plunder in North America BY MICHAEL JOHN WITGEN Williamsburg, Va., and Chapel Hill, N.C.: Omohundro Institute for the Study of Early American History and Culture and the University of North Carolina Press, 2022The (...) colonial projects of nation-states in the Americas have defined the relationship between states and Indigenous peoples by means of [End Page 138] dispossession, as Anishinaabeg thinker Leanne Betasamosake Simpson asserts.1 Seeing Red delves into the processes through which dispossession of Indigenous land became the ideology and systematic practice behind US expansion as Indigenous communities struggled to reshape their place in the new context. The book carefully details the settler- colonial ideology and logic of elimination that permeated US territorial expansion over the Northwest Territories at the end of the eighteen and the first decades of the nineteenth centuries. Seeing Red thoroughly examines the complex context of dispossession by the US colonial power, centering on Anishinaabeg communities, the “mix- race” population, and the different Indigenous people inhabiting this region. However, the book focuses on what the author names “unthinkable history,” following Michel- Rolph Trouillot’s argument that this region, and the whole continent, was conceived as an unsettled territory instead of belonging to many Indigenous peoples. Thus, the text explores Indigenous and mixed- raced communities’ political imaginaries and imagined futures to retain autonomy and territory.Author Michael John Witgen is a citizen of the Red Cliff Band of Lake Superior Ojibwe and a professor in the Department of History and the Center for the Study of Ethnicity and Race at Columbia University. His research centers on the complex relations between Indigenous people and settler colonizers in the Great Lakes and the Northwest Territories. Seeing Red expands his previous analysis of race, ethnicity, and citizenship intersections, bringing to the fore Indigenous people’s history to rethink the statemaking process in the United States.This book’s pages show that theft lies at the foundation of wealth transfer from Indigenous territories to the United States government and white citizens. The white settler ideology, based on a “doctrine of discovery,” established a stark division between the civilized and uncivilized to rationalize, among other things, the theft of Indigenous people. This is a central argument of the book that signals how the civili zation project underpinning the territorial expansion of the United States was based on the transformation of commons into private property. Indigenous land became critical in the “political economy of plunder” advanced by the state and the meaning of “native” as a racial categorization of exclusion. Chapter 1 explores this economy of plunder by detailing the advancement of the settler frontier through different [End Page 139] mechanisms, such as the treaty policy— subsequently violated by the state— and territory surveying to make land legible for the state and cheap for settlers. It is worth mentioning that the book contains historical and thematic maps that visually represent the ideology of wilderness behind the colonization project and evidence of the territorial extent of dispossession suffered by Indigenous communities. However, this crusade to dispossess Indigenous peoples from their territory also rested on the national mythology that strengthened the trope of Indigenous vanishing. The author shows how during the years of the study, the Indigenous population was not vanishing but immersed in an intricate social world and transregional trade networks. Chapter 2 explores such context, following the story of an Ojibwe man to evidence the context in which settlers and federal officials relied on Indigenous customs to profit from the fur trade while using ties with communities to further land cessions.Mix- race families played a crucial role in expanding the settler frontier through treaty negotiations but remained marginalized as they identified themselves as both Natives and US citizens. Chapter 3 examines the significance of mixed- raced families, particularly women, in establishing and expanding missions’ schools that relied on their domestic and linguistic labor. Moreover, it shows the intricate landscape of the civilization mission that depended on the complex networks that had created... (shrink)

In 1991, the Australian Commonwealth Parliament unanimously passed the Council for Aboriginal Reconciliation Act 1991. This Act implemented a 10-year process that aimed to reconcile Indigenous and non-Indigenous people by the end of 2000. One of the highest priorities of the reconciliation process was to address Indigenous socio-economic disadvantage, including health, education and housing. However, despite this prioritising, both the Keating Government (1991–1996) and the Howard Government (1996–2000) failed to substantially improve socio-economic outcomes for (...) class='Hi'>Indigenous people over the reconciliation decade. In this paper, I examine one of the most prominent socio-economic areas, that of Indigenous health. First, I discuss the appalling levels of Indigenous health throughout the reconciliation decade by analysing a number of health indicators, including life expectancy, infant mortality rate, standard mortality ratios, hospital rates and health Infrastructure. This analysis reveals significant and often worsening disadvantage in these health indicators. Second, I analyse a number of policies and programs concerning Indigenous socio-economic disadvantage that were developed by Commonwealth Governments in the 1990s. I argue that these policies and programs largely failed to address Indigenous socio-economic disadvantage. I also discuss alternative policies and programs that could reduce the significant levels of socio-economic disadvantage suffered by Indigenous people. (shrink)

The history of Russian social anthropology has long been best known for the work of three, late nineteenth‐century “exile ethnographers,” each sent to the Russian Far East for their anti‐tsarist activities as students. All three men—Vladimir Bogoraz, Vladimir Iokhel'son, and Lev Shternberg—produced voluminous and celebrated works on Russian far eastern indigenous life, but it was the young Shternberg who had perhaps the most profound effect on setting the agenda for the canonic evolutionist line soon to take hold in late (...) Russian imperial and early Soviet ethnography. This essay draws on archival, library, and field research to revisit the life and work of Shternberg in order to tell the story of “group marriage” that he documented for the life of one Sakhalin Island indigenous people, Gilyaks (or Nivkhgu, Nivkhi). Documented in this way by Shternberg, the Nivkh kinship system proved a crucial “missing link” for Friedrich Engels, who had long been eager to provide evidence of primitive communism as man's natural state. For Gilyaks, the die was cast. Their role as the quintessential savages of Engels’ favor made them famous in Russian and Soviet ethnographic literature, and significantly enhanced their importance to Soviet government planners. This essay tracks that episode and its aftermaths as a pivotal moment in the history of Russian social anthropology and of evolutionist thought more broadly. (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)

Tracing the political origins of the Mexican indigenous rights movement, from the colonial encounter to the Zapatista uprising, and from Chiapas to Geneva, Courtney Jung locates indigenous identity in the history of Mexican state formation. She argues that indigenous identity is not an accident of birth but a political achievement that offers a new voice to many of the world's poorest and most dispossessed. The moral force of indigenous claims rests not on the existence of cultural (...) differences, or identity, but on the history of exclusion and selective inclusion that constitutes indigenous identity. As a result, the book shows that privatizing or protecting such groups is a mistake and develops a theory of critical liberalism that commits democratic government to active engagement with the claims of culture. This book will appeal to scholars and students of political theory, philosophy, sociology, and anthropology studying multiculturalism and the politics of culture. (shrink)

Abstract In 1995, the constitution of the Mexican state of Oaxaca was reformed to recognise indigenous usages and customs for the election of municipal governments. This recognition is problematic from a normative perspective, as women, new?comers and dwellers in municipal sub?units are disenfranchised in a good number of indigenous municipalities of the state. Nevertheless, this article argues against a summary assessment of the (presumably illiberal) consequences of this recognition policy. Following James Tully, it advocates an intercultural, dialogical and (...) inclusive procedure to tackle the perils of the politics of recognition in Oaxaca and Mexico. However, this procedure?based approach raises problems of its own related to the issues of representation and intra?communal divisions. As a result, the ultimate role of substantive commitments, in particular to individual rights, needs to be recognised. Despite these shortcomings, though, an approach based on an intercultural, dialogical and inclusive conflict?solving procedure is the best option to deliver more just answers to indigenous demands for recognition. (shrink)

This article sets out an argument from legitimacy for the proposed Indigenous Voice to Parliament in Australia. The article first sets out an understanding of political legitimacy and of legitimacy deficits and argues that the Australian Government faces a legitimacy deficit with respect to its exercise of political power and authority over Indigenous Australians. The deficit arises, it is argued, because Indigenous Australians face significant structural injustice and there is little hope of redressing this injustice within (...) the prevailing governing conventions. The article then argues that the proposed Indigenous Voice to Parliament ought to be seen as part of a package to address this legitimacy deficit by resetting the governing conventions of Australian society. The argument from legitimacy is then compared favorably with more familiar arguments from sovereignty and the right to self-determination. (shrink)

In this introductory article we explore the relationship between statehood and governance, examining in more detail how non-state actors like MNCs, international NGOs, and indigenous authorities, often under conditions of extreme economic scarcity, ethnic diversity, social inequality and violence, take part in the making of rules and the provision of collective goods. Conceptually, we focus on the literature on Areas of Limited Statehood and discuss its usefulness in exploring how business-society relations are governed in the global South, and beyond. (...) Building on insights from this literature, among others, the four articles included in this special issue provide rich illustrations and critical reflections on the multiple, complex and often ambiguous roles of state and non-state actors operating in contemporary Syria, Nigeria, India and Palestine, with implications for conventional understandings of CSR, stakeholders, and related conceptualizations. (shrink)

This work presents the case of the Yanomami indigenous people from Brazil that were the object of US ethnography initiated in the 1960s. The research brought harmful repercussions to the life of the Indigenous people of Brazil for several decades, and it took more than 40 years until the beginning of a process of reparation involving the Brazilian government and American universities. Objective: to discuss the meaning of the return of Yanomami blood samples, as well as contributions (...) from the epistemologies of traditional Indigenous knowledge to the debate about research ethics and the structuring of means for the social control of researchers and the protection of participants in scientific studies, having as an example the Yanomami indigenous people from Brazil, subjected to noxious ethnography in the 1960s and the 1970s. This work used data reports recorded in secondary sources. In this article we argue that Bioethics needs to further diversify its epistemological foundations and to consider epistemologies and cosmologies beyond the frontiers of Western science, as the case of the abusive research involving the Yanomami indigenous people in Brazil reveals. We argue that traditional knowledge, such as those of indigenous and quilombolas, with their epistemologies and cosmologies, are fundamental for the election of less colonized and more efficient principles of research ethics, regarding the protection of the participants' rights in scientific studies. Traditional indigenous populations can teach us a great deal about doing research. (shrink)

Higher education institutions in the Arabian Gulf region today, which have mushroomed and proliferated in the past ten to fifteen years, have been constructing themselves along models of Western universities at the levels of governance, programs, and structure. At the outset of the twenty-first century, universities have globally experienced a drastic shift in their governance from ‘republics of scholars’ to stakeholder organizations. In this paper, we discuss and deconstruct some of the consequences of that drastic shift, paramount among which is (...) the downsizing and neglect of some sciences/fields. We discuss some of the major problems that the Market Model of the University is facing in the West through a literature review. We also explore the academic view on some problems and challenges facing University governance today in the globe at large and specifically in the Arabian Gulf Region. We believe that universities in this region in their present state face the serious challenge of generating indigenous knowledge that fulfills the needs of citizens within this region, knowledge that draws upon the culture, history, and geography of the area and responds to the specific needs of citizens in this area. (shrink)

Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 was passed by the Philippine Congress in order to address the concerns of the indigenous communities which had received marginal attention through the past decades. Indigenous communities have also been displaced from their lands due to armed conflicts between government soldiers and secessionist groups, particularly the Moro rebels and the communist-led New Peoples’ Army. The Philippines has been privy to peace initiatives with these two groups (...) for some time now. Political circumstances, however, and legal impediments have periodically stalled the peace processes. It is the author’s intention to focus on the predicament of indigenous communities as they seek a strategic role in shaping the content of peace agreements being negotiated by the Philippine government with the rebel groups. How have the indigenous communities made an impression on the two peace processes through the years? And, have the indigenous peoples’ rights been sufficiently protected in the context of the peace agreements? The author will draw from his own insights on the peace processes and agreements which have been negotiated and even tested before the Supreme Court of the Philippines. (shrink)

In 1996, the National Association of Salvadoran Indians participated in a UN-sponsored conference on the development of forest resources. Their involvement in the conference highlighted the growing international presence of Salvadoran indigenous organizations. Unfortunately, there is also very limited information available on these groups. As some have commented:The Salvadoran Indians … are an invisible or ghostly presence in the country: cautious in their public presence as an ethnic community, officially non-existent—yet still recognised by neighbours, local municipal governments and, most (...) importantly, by themselves as indios.As the country becomes more accessible to researchers and as indigenous Salvadorans gain a stronger foothold in the international forum, it is very likely indigneous peoples will emerge from the historical shadows to forcefully claim their rights as distinct members of Salvadoran society. The obstacles they face are not inconsequential. State opposition to indigenous organizations is strong and popular perceptions are often harder to dislodge than state policies. The widespread support gained by organizations like ANIS during the civil war proves that there is sympathy for indigenous rights. It remains to be seen to what extent ANIS and other organizations can use this support, and that of indigenous allies around the world, to promote the goals and aspirations of indigenous Salvadorans. While the issue of indigenous rights has long been discussed in other countries, it is only beginning to be addressed in El Salvador. (shrink)

This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of “tribalism,” regarding the language and laws of V. S. coh’ nialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U. S. government, which includes the state as well as federal level. The paper (...) proceeds to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as “indigenous kinship” in traditional communalism; today, these Native American societies are called “tribal nations” in contrast to the Supreme Court Marshall Decision which labeled them “domestic dependent nations.” This history up to the present state of affairs as it affects Native American women is contextualized as “patriarchal colonialism” and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a “trickle down patriarchy” that marks male dominance in tribal politics. A final statement calls for “Native Womanism” in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of "tribalism," regarding the language and laws of U. S. colonialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U. S. government, which includes the state as well as federal level. The paper proceeds (...) to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as "indigenous kinship" in traditional communalism; today, these Native American societies are called "tribal nations" in contrast to the Supreme Court Marshall Decision which labeled them "domestic dependent nations." This history up to the present state of affairs as it affects Native American women is contextualized as "patriarchal colonialism" and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a "trickle down patriarchy" that marks male dominance in tribal politics. A final statement calls for "Native Womanism" in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of "tribalism," regarding the language and laws of U. S. colonialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U. S. government, which includes the state as well as federal level. The paper proceeds (...) to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as "indigenous kinship" in traditional communalism; today, these Native American societies are called "tribal nations" in contrast to the Supreme Court Marshall Decision which labeled them "domestic dependent nations." This history up to the present state of affairs as it affects Native American women is contextualized as "patriarchal colonialism" and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a "trickle down patriarchy" that marks male dominance in tribal politics. A final statement calls for "Native Womanism" in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

This article examines the confluence of extractivism, violence, and their resistance in the context of left governance – specifically the case of Ecuador – through an engagement with the concept of populism. Alongside Bolivia and Venezuela, Ecuador has long been associated with the rise of radical populism and with it an ‘autocratic turn’ in Latin America. Dispensing with overdetermined accounts of populism as either the anti-thesis or essence of democracy, this article proposes a third lens – dual populisms – to (...) better grapple with the neocolonial turn toward intensified natural resource extraction and violence. That this intensification took place in the context of a left-in-power in Ecuador was initially surprising given previous alliances between President Correa’s party and Indigenous and environmental movements, and its rejection of capitalist and neoliberal developmentalism. With the expansion of extractive industries, and its accompanying violence increasingly becoming a global phenomenon, dual populism posits a third position – one that is at once top-down, state centered, and also bottom-up and social movement focused – to better account for the complex dynamics at work within this turn. (shrink)