Resource extraction companies worldwide are involved with Indigenous peoples. Historically these interactions have been antagonistic, yet there is a growing public expectation for improved ethical performance of resource industries to engage with Indigenous peoples. (Crawley and Sinclair, Journal of Business Ethics 45, 361–373 (2003)) proposed an ethical model for human resource practices with Indigenous peoples in Australian mining companies. This paper expands on this work by re-framing the discussion within the context of sustainable development, (...) extending it to Canada, and generalizing to other resource industries. We argue that it is unethical to sacrifice the viability of Indigenous cultures for industrial resource extraction; it is ethical to engage with indigenous peoples in a manner consistent with their wishes and needs as they perceive them. We apply these ideas to a case study in the coastal temperate rainforest of Clayoquot Sound, British Columbia, Canada. In this case a scientific panel comprised of Nuu-Chah-Nulth elders, forest scientists and management professionals, achieved full consensus on developing sustainable forest practice standards by drawing equally on Indigenous traditional ecological knowledge and Western science in the context of one of the most heated and protracted environmental conflicts in Canadian history. The resulting sustainable forest practice standards were later adopted by leading forestry firms operating on the coast. Our analysis of this scientific panels success provides the basis for advancing an ethical approach to sustainable development with Indigenous peoples. This ethical approach is applicable to companies working in natural resource industries where the territories of Indigenous peoples are involved. (shrink)

In addition to the aim of mapping and sequencing one human's genome, the Human Genome Project also intends to characterise the genetic diversity of the world's peoples. The Human Genome Diversity Project raises political, economic and ethical issues. These intersect clearly when the genomes under study are those of indigenous peoples who are already subject to serious economic, legal and/or social disadvantage and discrimination. The fact that some individuals associated with the project have made dismissive comments about (...) indigenous peoples has confused rather than illuminated the deeper issues involved, as well as causing much antagonism among indigenous peoples. There are more serious ethical issues raised by the project for all geneticists, including those who are sympathetic to the problems of indigenous peoples. With particular attention to the history and attitudes of Australian indigenous peoples, we argue that the Human Genome Diversity Project can only proceed if those who further its objectives simultaneously: respect the cultural beliefs of indigenous peoples; publicly support the efforts of indigenous peoples to achieve respect and equality; express respect by a rigorous understanding of the meaning of equitable negotiation of consent, and ensure that both immediate and long term economic benefits from the research flow back to the groups taking part. (shrink)

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, (...) environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case. -/- While much of the focus is on bioprospecting and natural product development, Indigenous Peoples, Consent and Benefit-Sharing also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. -/- ‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University . (shrink)

This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release (...) of such organisms. To address those challenges, it is proposed that nations considering the environmental release of GE animals must take into account the underlying circumstances and policy failures that motivate arguments for the use of the modified animals. Moreover, countries must recognize that the UN International Covenant on Civil and Political Rights and the UN International Covenant on Economic, Social and Cultural Rights place on them an obligation to ensure that GE animals with patented heritable traits are not released without the substantive consent of the nations or indigenous peoples that could be affected. (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)

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)

In this essay, we will discuss the lessons that we have learned in a course titled “Indigenous Peoples and Climate Change” regarding Indigenous efforts and epistemologies to cope with stresses and plights induced by global climate change. Primarily informed by humanistic perspectives, we examine how Indigenous peoples, especially those of North America, process climate change through their cultural values and social priorities, with a particular focus on human emotions or feelings associated with their homeland, which (...) often called sense of place or belonging, in contrast to the abstract concepts that originate from the natural sciences. (shrink)

In what follows we present group rights as portrayed in contemporary theoretical debates; compare this portrayal with some of the claims actually advanced by various indigenous groups throughout the world; and give reasons for preferring the practical to the theoretical treatments. Our findings suggest that liberal-individualist and corporatist accounts of group rights actually agree on the kind of importance that group interests have for persons and on what it is that groups who claim rights are concerned about. Both liberal-individualists (...) and corporatists locate the importance of group interests in the personal psychology of individual group members. As a result, both treat group interests (such as cultural integrity) as not only different in kind from individualized interests such as freedom of expression but as potentially in competition with them. In contrast, the real-world demands of indigenous groups place emphasis on concrete ways in which the preserving of communal life can be important to individuals’ well-being, in addition to the various spiritual and symbolic resources which such life may provide. These practical aspects of communal life make individuals’ group interests a lot like their individualized ones, and so suggest that group rights do not introduce new or distinctive theoretical questions. Instead, group rights are raise familiar questions about how individuals’ interests ought to be balanced against one another when they are in competition; what counts as an adequate institutional structure for the instantiation of a right; and who ought to be recognized as an authoritative judge of whether a right has been respected. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises (...) that upset Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

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)

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)

Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.

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 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)

In this paper we examine the epistemic treatment of Indigenous peoples by the Inter-American Court and Commission on Human Rights, two institutions that have sought to affirm the rights of Indigeno...

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)

The position that I seek to defend in this article is that the epistemological hegemony that is presently one of the defining characters of the relationship between Africa and the global North is a form of injustice which makes the talk of ‘global justice’ illusory. In arguing thus, I submit that denying the indigenous people of Africa an epistemology that is comparable to epistemologies from other geopolitical centres translates to questioning their humanity which is a form of injustice. I (...) thus proceed to argue that, as a precondition to an authentic discourse on the possibility of ‘global justice’; epistemic injustice must first be challenged and rejected. In so doing, I am defending the position that the acceptance and respect for the diversity of the peoples of this world and their epistemologies is imperative if genuine justice at global level is to be realised. (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.

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 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)

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He (...) examines how the claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

Objectives To characterize recruitment approaches to research on the brain and mind that involves Indigenous peoples. Methods We conducted a secondary analysis of a Harding et al. (2021) scoping review. Reviewers screened studies (_n_ = 66) for sampling methods, recruitment and engagement, positionality statements, and details on ethics approvals. Synthesis We identified twenty-nine (29) English-language articles relevant to the analysis. Of these, 52% (_n_ = 15/29) reported a mix of sampling methods; 45% (_n_ = 13/29) contained statements or (...) information about author positionalities. While, overall, 24% (_n_ = 7/29) of the studies were missing information about ethics protocols, we observe an improvement over time in the reporting of approvals and use of community-engaged participant recruitment methods. Current brain research studies demonstrate ways of collaborating with Indigenous communities that meet existing ethics guidelines. To be wholly responsive to the needs of Indigenous peoples, however, researchers may need to exceed existing ethical benchmarks.. Positionality statements successfully detailed the relationships of the research teams with the communities with which they work, and contextualized recruitment methods. Conclusion Improved quality and meaningfulness of brain research with Indigenous peoples and trust in the research process and public health will be enhanced when remaining gaps in protecting and reporting of participant recruitment methods are closed. (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)

In the first half of the twentieth century the attention of American and European researchers was drawn to the area of ‘extreme physiology’, partly because of expeditions to the north and south poles, and to high altitude, but also by global conflicts which were fought for the first time with aircraft, and involved conflict in non-temperate zones, deserts, and at the freezing Eastern front. In an attempt to help white Euro-Americans survive in extreme environments, physiologists, anthropologists, and explorers studied (...) class='Hi'>indigenous people’s bodies, cultures, and technologies. This paper will sketch an outline of the science of white survival in three ‘extreme’ environments: the Antarctic and Arctic; high-altitude; and the Australian desert, with a particular focus on the ways in which indigenous populations were studied, or in some cases ignored, by Western biomedical scientists—despite their crucial and systematic contributions to the success of experiments and expeditions. Particularly focusing on altitude, and on blood in both its symbolic and literal sense, the article shows how assumptions about race, indigeneity, civilisation, and evolution shaped the ways White Westerners understood their own bodies as well as those of the people they encountered in cold, high and hot places on the earth. Despite new discoveries in physiology and evolutionary science, old racialised assumptions were maintained, especially those that figured the temperate body as civilised and the tropical body as primitive; and in at least one case it will be shown that these racialised assumptions significantly altered, if not retarded, the science of respiratory physiology. (shrink)

The paper describes the unique health ethics challenges of working with Indigenous peoples. It explores the distorting impacts of colonial law and economic policy on clinical ethics decision making and makes some practical recommendations for overcoming or subverting them.

While the linguistic influence of India’s indigenous languages on the Indo- Aryan language is well understood, the cultural impact of the autochthonous Munda, Dravidian and Tibeto-Burman speaking peoples is much harder to evaluate, due to the lack of indigenous coeval records, and later historicization of the Buddha’s life and teachings. Nevertheless, there are cultural remnants of the indigenous belief systems discoverable in the Buddhist scriptures. In this article we examine 1) The longstanding hostility between the IA (...) immigrants and the eastern ethnic groups, especially the Buddha’s Sakya clan. 2) The Sakyas’ socio-political organization, religious and cultural values which differ significantly from those of the immigrants. 3) The concept of the Mah?puru?a which was likely an historicization of an indigenous Indian belief. 4) Indigenous belief structures like serpent- and tree-worship and the culture of sacred groves, and 5) Indigenous funeral rites in the story of the Buddha’s parinibb?na. (shrink)

We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the (...) trusteeship model. Whereas the interaction between states and foreign nationals is the locus of cosmopolitan law, the relationship between states and indigenous peoples is distinctive. In the ordinary cosmopolitan case, foreign nationals do not purport to possess legal authority. Indigenous peoples often do make such a claim, pitting their claim to authority against the state’s. We discuss how international law has attempted to come to grips with indigenous sovereignty by requiring states to include indigenous peoples in decision-making processes that affect their historical lands and rights. A crucial fault line in the jurisprudence, however, separates a duty to consult indigenous peoples from a duty to acquire their free, prior and informed consent. The latter but not the former recognizes that indigenous peoples possess a veto over state projects on their lands, in effect recognizing in them a limited co-legislative power. We focus on recent jurisprudence from the Inter-American Court of Human Rights, and consider whether either the duty to consult or FPIC are enough to dispel the shadow of the trusteeship model’s colonial past. We suggest that they are a move in the right direction, and that implicitly they represent international law’s recognition that states are no longer the sole bearers of sovereignty at international law. In limited circumstances, international law recognizes indigenous peoples as sovereign actors. (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)

Conflict is inevitable in the workplace and manifests in different ways. It is a common dysfunction when working in teams. A diversity of thoughts, ideologies, and beliefs always creates a risk of disagreement and misalignment. When examining identity and positionality in the workplace, conflict is usually resolved in favor of those who have identities within the dominant White culture. In light of this common reality, an opportunity is created to examine and determine how conflict can be resolved from an inclusive (...) and equitable approach. This case study is designed to outline the tools and resources the Center for Equity and Inclusion uses with its clients when guiding organizations to resolve conflict, advance equity, and center Black, Indigenous, People of Color (BIPOC) in the workplace. (shrink)

For many years, indigenous peoples, their rights, culture and identity have been neglected. This depressing statement also refers to the Sami who reside in the Arctic. This paper presents the understanding of the term “indigenous peoples” and a number of their rights, including the right to selfdetermination. Their implementation is necessary for human security as they empower indigenous peoples to make decisions in matters that affect them. The author examines the concept of human security (...) and the threats to this security in the Arctic in particular to the Sami as well as the most important provisions in international legal documents regarding the rights of indigenous peoples which include references to human security. (shrink)

(2000). The Boundaries of Belief: territories of encounter between indigenous peoples and Western philosophies. Educational Philosophy and Theory: Vol. 32, No. 1, pp. 15-24.

Health equity is a global concern. Although health equity extends far beyond the equitable distribution of healthcare, equitable access to healthcare is essential to the achievement of health equity. In Canada, Indigenous Peoples experience inequities in health and healthcare access. Cultural safety and trauma‐ and violence‐informed care have been proposed as models of care to improve healthcare access, yet practitioners lack guidance on how to implement these models. In this paper, we build upon an existing framework of equity‐oriented (...) care for primary healthcare settings by proposing strategies to guide nurses in operationalizing cultural safety and trauma‐ and violence‐informed care into nursing practice at the individual level. This component is one strategy to redress inequitable access to care among Indigenous Peoples in Canada. We conceptualize barriers to accessing healthcare as intrapersonal, interpersonal, and structural. We then define three domains for nursing action: practicing reflexivity, prioritizing relationships, and considering the context. We have applied this expanded framework within the context of Indigenous Peoples in Canada as a way of illustrating specific concepts and focusing our argument; however, this framework is relevant to other groups experiencing marginalizing conditions and inequitable access to healthcare, and thus is applicable to many areas of nursing practice. (shrink)

Biofuels development has assumed an important role in integrating Indigenous peoples and other marginalized populations in the production of biofuels for global consumption. By combining the theories of commoditization and the environmental sociology of networks and flows, the author analyzed emerging trends and possible changes in institutions and behaviors brought about by the introduction of biofuels as a development option on ancestral lands. Using the Indonesian oil palm and the Philippine Jatropha experiences, the author argues that although there (...) are efforts to integrate smallholder systems to the global integrated biofuels network, the effects of commoditization continue to undermine the more sustainable, less commoditized agricultural practices of Indigenous peoples. Indigenous peoples and their traditional agricultural practices are at risk of being either phased out from or eventually transformed by the global integrated biofuels network to accommodate large-scale, consolidated biofuel plantation systems. However, there are also indications that persistent criticisms of and enduring reforms in the global integrated biofuels network challenge the future of highly commoditized biofuels. This suggests that the coevolutionary trajectory of both highly commoditized biofuels and noncommoditized Indigenous agricultural practices remains uncertain. (shrink)

Finland is currently undergoing a fundamental structural transformation in the forestry sector, with factories closing in the Global North and production being shifted to the Global South (see also Carrere & Lohmann 1996; Cossalter & Pye-Smith 2003). This is accompanied by Finnish mass movements protesting unemployment and demanding corporate social responsibility (CSR) from theforest industry. The difficult domestic situation, however, seems to overshadow the circumstances of the new production regions in the South. What do we actually know about the impacts (...) of the Finnish forestry sector in those societies? The branches of global forest companies may be located in regions that are experiencing various societal conflicts – like in the case of indigenous communities in northeastern Brazil, where the question of land ownership remains unsolved. The aim of our paper is to bring out the perspective of these traditional communities and the legitimacy problems of the Finnish forest industry in Brazil. We also scrutinize the corporate tactics by which companies seek to gain societal acceptability in the region. These range from social programs and campaigns to violent confrontations, even to attempts to deconstruct the identities of indigenous communities. Our general argument is that while companies have outlined their CSR policies in theory, the situation in actual practice is quite different. Companies often fail to take into account the prevailing socioeconomic conditions in the region and some of the more marginal stakeholders like indigenous peoples, who obviously have no economic importance to the company. (shrink)

Inequities in access to oncology care among Indigenous peoples in Canada are well documented. Access to oncology care is mediated by a range of factors; however, emerging evidence suggests that healthcare providers, including nurses, play a significant role in shaping healthcare access. The purpose of this study was to critically examine access to oncology care among Indigenous peoples in Canada from the perspective of oncology nurses. Guided by postcolonial theoretical perspectives, interpretive descriptive and critical discourse analysis (...) methodologies informed study design and data analysis. Oncology nurses were recruited from across Canada to complete an online survey (n = 78). Nurses identified a range of barriers experienced by Indigenous peoples when accessing oncology care, yet located these barriers primarily at the individual and systems levels. Nurses perceived themselves as mediators of access to oncology care; however, their efforts to facilitate access to care were constrained by the dominance of biomedicine within healthcare. Nurses' constructions of access to oncology care highlight the embedded narrative of individualism within nursing practice and the relative invisibility of racism as a determinant of equitable access to care among Indigenous peoples. This suggests a need for oncology nurses to better understand and incorporate structural determinants of health perspectives. (shrink)

As nursing professionals, we believe access to healthcare is fundamental to health and that it is a determinant of health. Therefore, evidence suggesting access to healthcare is problematic for many Indigenous peoples is concerning. While biomedical perspectives underlie our current understanding of access, considering alternate perspectives could expand our awareness of and ability to address this issue. In this paper, we critique how access to healthcare is understood through a biomedical lens, how a postcolonial theoretical lens can extend (...) that understanding, and the subsequent implications this alternative view raises for the nursing profession. Drawing on peer‐reviewed published and gray literature concerning healthcare access and Indigenous peoples to inform this critique, we focus on the underlying theoretical lens shaping our current understanding of access. A postcolonial analysis provides a way of understanding healthcare as a social space and social relationship, presenting a unique perspective on access to healthcare. The novelty of this finding is of particular importance for the profession of nursing, as we are well situated to influence these social aspects, improving access to healthcare services broadly, and among Indigenous peoples specifically. (shrink)

This challenging book focuses on the problem of justice for indigenous peoples – in philosophical, legal, cultural and political contexts – and the ways in which this problem poses key questions for political theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonisation in these countries raise (...) common problems and questions for contemporary political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the ongoing processes of 'decolonisation' of relations between indigenous and non-indigenous peoples. (shrink)