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)

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)

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 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 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)

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 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)

Despite the tremendous progress in the development of scientific knowledge, the understanding of the causes of poverty and inequality, and the role of politics and governance in addressing modern challenges, issues such as social inclusion, poverty, marginalization and despair continue to be a reality across the world - and most often impact Indigenous Peoples. At the Margins of Globalization explores how Indigenous Peoples are affected by globalization, and the culture of individual choice without responsibility that (...) it promotes, while addressing what can be done about it. Though international trade and investment agreements are unlikely to go away, the inclusion of Indigenous rights provisions has made a positive difference. This book explains how these provisions operate and how to build from their limited success. (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)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

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)

The norms and ideals of human rights are increasingly invoked by civil society organisations to construct claims related to land tenure and access to food, particularly to challenge a massive expansion of agricultural investment in a developing country. While this has facilitated negotiations on rights and the formulation of claims, studies that investigate to what extent such endeavours achieve the transformational goals advocated by human rights proponents or in particular whether they have been successful in instigating any institutional reform in (...) the governance of massive agricultural modernisation projects are scanty. After discussing a national agricultural modernisation project, the Merauke Integrated Food and Energy Estate , set up in Merauke, Papua, the article concludes that the analysis of the transformative role of human rights requires a prudent examination of the role of the State in the negotiation process, the patterns of socio-cultural interactions signifying the political setting and the pressure experienced and perceived by actors that affect the issues selected and omitted. (shrink)

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 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)

In rural Cambodia the rampant allocation of state land to political elites and foreign investors in the form of “Economic Land Concessions (ELCs)”—estimated to cover an area equivalent to more than 50 % of the country’s arable land—has been associated with encroachment on farmland, community forests and indigenous territories and has contributed to a rapid increase of rural landlessness. By contrast, less than 7,000 ha of land have been allotted to land-poor and landless farmers under the pilot project for (...) “Social Land Concessions (SLCs)” supported by various donor agencies. Drawing on fieldwork conducted in two research sites in Kratie Province, this article sheds light on the mechanisms and discourses surrounding the allocation of ELCs and SLCs. Our findings suggest that large-scale and non-transparent land leases in the form of ELCs are discursively justified as land policy measures supporting national development, creating employment opportunities in rural areas, and restoring “degraded” and “non-use” land, while SLCs are presented by the government and its international donors as a complementary policy to reduce landlessness, alleviate rural poverty, and ensure a more equitable land distribution. We argue that the SLC pilot project is a deliberate strategy deployed by the Cambodian ruling elite to instrumentalize international aid agencies in formalizing displacement and distributional injustices, in smoothing the adverse social impacts of their very own land policies and in minimizing resistance by dispossessed rural people. (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)

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 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 (The Cherokee Cases, 1831-1882) 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)

James Tully's Strange Multiplicity uses the example of indigenous minorities in the white settler colonies of North America to develop a remarkably powerful critique of liberal constitutionalism's rule of uniformity. In proclaiming the identity of all persons before the law, he insists, liberal constitutional arrangements commonly discriminate against indigenous and other minorities. While the force of this critique is undeniable, it nevertheless takes at face value one of the central claims of liberal consitutionalism, namely, its claim to be (...) based on the rule of uniformity. Examination of liberal reflections on the government of subject peoples, most of whom were regarded as being, in Mill's words, “not sufficiently advanced for representative government“, suggests a rather different picture. In place of the rule of uniformity we find a variety of alternatives but, most commonly, an insistence, first, that the government of such peoples should focus on their welfare and eventual improvement rather than on their liberty and, second, that they should be governed as far as possible through their own institutions and structures of authority. The result was a highly differentiated form of rule in which what were believed to be indigenous arrangements were adapted to the joint requirements of improvement and administrative convenience. Thus, what seems to be a powerful commitment to individual liberty on the part of liberal political reason should be seen as simply one element in a broader liberal perspective on the government of populations. At least as important in this perspective as the rule of uniformity is the presumption that some cultures are more advanced than others and a corresponding view of many cultural differences in historical and developmental terms. (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)

Although the birth and early life of an infant is similar throughout the world, meanings ascribed to infants differ according to cultural values and beliefs. This essay describes how scholars and healers have come to see the infant as distinct from other types of people, and what implications this distinction carries for how health care is practiced. The first portion of this essay explores how understanding of the infant, particularly the well-accepted notion of “normal” infant growth and development, came to (...) prominence. Drawing from the history of medicine, philosophical thought and colonial practice, this essay demonstrates that the roots of thinking about the infant in terms of his growth are deep and well-defined in North American and European ideologies. The second portion of this essay describes the practical applications and political implications of beliefs about the “normal” infant. In the arena of applied health, policy makers measure infant growth in light of assumptions about the “normal.” A case study of indigenous populations in Irian Jaya, Indonesia, shows that these measurements are highly political. Here government health officials create and manipulate statistics to ensure that indigenous infant health is represented as being below “normal.” The “normal” infant can thus be understood as a subtle and effective construct which, in Irian Jaya, at the least, is used to assimilate indigenous people into the nation-state. (shrink)

Fairness has long been denied for African-Americans and other people of color when it comes to environmental injustices, or crimes committed by state governments and polluting industries/corporations. Unfortunately, polluting companies often go unpunished for their environmental misdeeds, particularly if what they do is in minority or marginalized communities. Furthermore, environmental biases in American courts, unfortunately, are still prevalent in our society today—that is, when it comes to vulnerable groups, who continue to seek environmental justice, but cannot fight back. Environmental injustice, (...) therefore, should be considered unjust acts when it comes to polluting communities of color. Also, environmental issues are always problematic, especially in regard to climate change. In a certain sense, there is an urgent need to protect these disadvantaged communities of color from polluting corporations. Indeed, can we end this environmental cruelty? More importantly, how can we stop polluters from burying hazardous material in landfills on lands owned by Indigenous people or Native Americans? Polluting industries must also be put on notice, and we must question anyone in the energy business who is deceptive about their nasty pollution. It should be obvious that nothing will change anytime soon regarding the environmental injustice issue if we do not get involved and fight the polluters head-on, and without reservation. (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)

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)

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)

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

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (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)

This article argues that the definition of land grabs in public debate is a politically contested process with profound normative consequences for policy recommendations regarding the future of the family farm model. To substantiate this argument, I first explore how different definitions of land grabbing bring into focus different kinds of actors and briefly survey the history of land grabbing in Canada. I then introduce the public debate about land grabbing in Québec and discuss its evolution from its beginning in (...) 2009 up until the provincial public inquiry on land grabs in March 2015. Here, I make critical observations regarding each participant’s position, showing how different definitions of land grabbing has significant implications for policy recommendation and the promotion of different agricultural business models. More specifically, I emphasize how these discussions crucially fail to consider indigenous people’s land rights and ignore the constraints imposed by the corporate food regime on family farms. I conclude by suggesting that the adoption of a food sovereignty approach to land governance helps redirect attention to these important issues and provide insight into imagining more sustainable alternative models of agriculture. (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)

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The (...) Wik Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co‐exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co‐existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about‐turn from the recognition of native title to land in Mabo. We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights. (shrink)

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)

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)

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

This special issue is the outcome of a collaborative venture – a three-day workshop between La Trobe University and Ateneo de Manila University, held in Manila. It brought together indigenous and non-indigenous researchers from both the Philippines and Australia and included aboriginal researchers in business studies, history, literature and anthropology, and non-indigenous researchers working on themes of indigenous history, material culture, film studies, literature, the visual arts, law and linguistics. The ‘indigenous’ peoples of the (...) Philippines are very different to Australian Aborigines or Torres Strait Islanders. Nevertheless, they have common quests for political autonomy, protection of indigenous customary laws, traditions and knowledge, biodiversity, and development of independent self-governance structures for health, education and community development. These concerns involve analogous and overlapping political struggles with nation-states and in the forums of the UN, regional associations, global consortia, and the international courts. The papers in this issue are based on a roundtable in which the participants showcased their own research projects and interests on indigenous pathways, cultural pluralism and national identities; socio-economic development; and representation of indigenous identities in creative and visual arts. (shrink)

Abstract:While self-determination is a cardinal principle of international law, its meaning is often obscure. Yet international law clearly recognizes decolonization as a central application of the principle. Most ordinary people also agree that the liberation of colonial peoples was a moral triumph. This essay examines three philosophical theories of self-determination’s value, and asks which one best captures the reasons why decolonization was morally required. The instrumentalist theory holds that decolonization was required because subject peoples were unjustly governed, the (...) democratic view holds that decolonization was required because subject peoples lacked democratic representation, and the associative view holds that decolonization was required because subject peoples were unable to affirm the political institutions their colonial rulers imposed on them. I argue that the associative view is superior to competing accounts, because it better reflects individuals’ “maker” interests in participating in shared political projects that they value. The essay further shows that if we accept the associative view, self-determination is not a sui generis value that applies to decolonization alone. Ultimately, our intuitions about decolonization can be justified only by invoking an interest on the part of persistently alienated groups in redrawing political boundaries. The same interest may justify self-determination in additional cases, such as autonomy for indigenous peoples, or greater independence for Scotland or Quebec. (shrink)

Businesses and governments in postcolonial countries frame investments in wind energy as efforts to address climate change and sustainable development. However, when wind energy projects encroach on indigenous peoples’ lives and land, there is often a lack of recognition and participation of these peoples and an unequal distribution of cost and benefits of such projects toward them, which leads to opposition against wind energy projects and often triggers conflicts for justice. Worryingly, such conditions have repeatedly resulted in (...) the assassination of human rights defenders, which further inflames the conflict. Herein, I discuss these concepts based on a longitudinal study centered on a wind energy project in Oaxaca, Mexico, with the aim of exploring and understanding the conditions under which wind energy investments fail to respect current laws and norms, as well as the consequences of such negligence. My in-depth analysis of the actions of the government, businesses, and indigenous peoples revealed a phenomenon that is less discussed in environmental justice research: the gradual and continuous transformation of indigenous peoples’ norms and behaviors away from their traditional economic and cultural livelihoods. This phenomenon helps to extend the conceptual understanding of environmental justice with regard to social turbulence, which is defined as the unpredictable behavior of political and social systems in contexts in which existing laws, regulations, and norms regarding environmental justice are not observed. The concept of social turbulence of environmental justice helps to explain how indigenous peoples sacrifice their territories, norms, and traditions to a technical solution to climate change and sustainable development. (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)

Struggles over precious resources such as oil, water, and land are increasingly evident in the contemporary world. States, indigenous groups, and corporations vie to control access to those resources, and the benefits they provide. These conflicts are rapidly spilling over into new arenas, such as the deep oceans and the Polar regions. How should these precious resources be governed, and how should the benefits and burdens they generate be shared? Justice and Natural Resources provides a systematic theory of natural (...) resource justice. It argues that we should use the benefits and burdens flowing from these resources to promote greater equality across the world, and share governance over many important resources. At the same time, the book takes seriously the ways in which particular resources can matter in peoples lives. It provides invaluable guidance on a series of pressing issues, including the scope of state resource rights, the claims of indigenous communities, rights over ocean resources, the burdens of conservation, and the challenges of climate change and transnational resource governance. It will be required reading for anyone interested in natural resource governance, climate politics, and global justice. (shrink)

Settler colonialism is structured in part according to the principle of civilizational progress yet the roots of this doctrine are not well understood. Disparate ideas of progress and practices related to colonial dispossession and domination can be traced back to the Enlightenment, and as far back as ancient Greece, but there remain unexplored logics and continuities. I argue that civilizational progress and settler colonialism are structured according to the opposition between politics governed by reason or faith and the figure (...) of the child as sinful or bestial. Thus, it is not contingent, but rather necessary that justificatory frameworks of European empire and colonialism depict Indigenous peoples as children. To illustrate how the theoretical link between Indigenous peoples and children emerges not as a simple analogy, but rather, as the source of the premodern/modern and savage/civilized binaries, I trace the various historical iterations of the political/childhood opposition through the classical, medieval, enlightenment, and modern eras. I show how the model of civilizational progress from a premodern and savage state of childhood continues to serve as the model for settler colonial exclusion and domination of Indigenous peoples. (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)

Durante las últimas dos décadas las culturas de los pueblos originarios del país quedan inscritas en el corazón de las movilizaciones étnicas y de la política indígena de los recientes gobiernos democráticos y, con ello, experimentan una nueva dinámica e importantes transformaciones. La cultura es a la vez el fundamento y objeto estratégico de acción en la emergencia indígena desarrollada en el periodo. Su conformación como sujetos colectivos se establece desde el recurso a la cultura propia, que les otorga especificidad. (...) También se constituye en objeto de una política cultural y de diversos cursos de acción. Participan de ello agentes culturales indígenas, agencias públicas especializadas y grupos e instituciones de la sociedad civil. De su concurrencia se gesta un proceso nuevo de construcción social de lo cultural indígena, cuya estructuración toma la forma de un dominio o campo de lo cultural indígena en Chile. Cultural issues in Chile are undergoing new dynamics and important transformations. During the past two decades, Chilean indigenous people’s cultures have been circumscribed in the core of ethnical mobilizations and indigenous policies deployed by recent democratic governments. Cultural issues are both the basics and the strategic action object within the indigenous ethnogenesis developed during this period. Their formation as collective subjects rises up from access to their culture, which bestows upon them specificity. It also set itself up as an object of cultural policy and diverse ways of action. Indigenous cultural agents, specialized public agencies and civil society groups and institutions participate in this phenomenon. From this concurrence, a new process of social construction of indigenous cultural issues rises. Its structure takes the shape of a scope or a field of indigenous cultural issues in Chile. (shrink)

This book is open access under a CC BY-NC 2.5 license. This book offers a devastating look at deeply flawed development processes driven by international finance, African governments and the global consulting industry. It examines major river basin development underway in the semi-arid borderlands of Ethiopia, Kenya and South Sudan and its disastrous human rights consequences for a half-million indigenous people. The volume traces the historical origins of Gibe III megadam construction along the Omo River in Ethiopia-in turn, enabling (...) irrigation for commercial-scale agricultural development and causing radical reduction of downstream Omo and (Kenya's) Lake Turkana waters. Presenting case studies of indigenous Dasanech and northernmost Turkana livelihood systems and Gibe III linked impacts on them, the author predicts agropastoral and fishing economic collapse, region-wide hunger with exposure to disease epidemics, irreversible natural resource destruction and cross-border interethnic armed conflict spilling into South Sudan. The book identifies fundamental failings of government and development bank impact assessments, including their distortion or omission of mandated transboundary assessment, cumulative effects of the Gibe III dam and its linked Ethiopia-Kenya energy transmission 'highway' project, key hydrologic and human ecological characteristics, major earthquake threat in the dam region and widespread expropriation and political repression. Violations of internationally recognized human rights, especially by the Ethiopian government but also the Kenyan government, are extensive and on the increase-with collaboration by the development banks, in breach of their own internal operational procedures. A policy crossroads has now emerged. The author presents the alternative to the present looming catastrophe-consideration of development suspension in order to undertake genuinely independent transboundary assessment and a plan for continued development action within a human rights framework-forging a sustainable future for the indigenous peoples now directly threatened and for their respective eastern Africa states. Claudia Carr's book is a treasure of detailed information gathered over many years concerning river basin development of the Omo River in Ethiopia and its impact on the peoples of the lower Omo Basin and the Lake Turkana region in Kenya. It contains numerous maps, charts, and photographs not previously available to the public. The book is highly critical of the environmental and human rights implications of the Omo River hydropower projects on both the local ethnic communities in Ethiopia and on the downstream Turkana in Kenya. David Shinn Former Ambassador to Ethiopia and to Burkina Faso Adjust Professor of International Affairs, The George Washington University, Washington D.C. (shrink)

From 1922 to 1924, the Iroquois Confederacy — a federal union of six aboriginal nations — sought resolution of a dispute between themselves and Canada at the League of Nations. In this paper, the historical events of the 1920s League are employed as a case study to explore the development of the international society of states in the early 20th century as it relates to the indigenous peoples of North America. Specifically, it will be argued that the early (...) modern practice of excluding Amerindians from international political forums is related to the negative representation of indigenous peoples in the dominant theoretical discourse of the time: social contract theory. The diplomatic activities of the Iroquois, and the members of the League during this time period, demonstrate exactly how social contract theory has relied on presenting indigenous peoples as residing in a non-political and non-sovereign form, thus denying them the right to participate at the international level on par with other peoples. (shrink)

Larry Temkin draws on the work of Angus Deaton to argue that countries with poor governance sometimes rely on charitable giving and foreign aid in ways that enable them to avoid relying on their own citizens; this can cause them to be unresponsive to their citizens’ needs and thus prevent the long-term alleviation of poverty and other social problems. I argue that the implications of this “lack of government responsiveness argument” (or LOGRA) are both broader and narrower than they might (...) first appear. I explore how LOGRA applies more broadly to certain types of charitable giving in developed countries, with a focus on medical crowdfunding. I then highlight how LOGRA does not apply to charitable giving aimed at alleviating the suffering of the absolutely politically marginalized, or those especially vulnerable people to whom governments are never responsive. (shrink)

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

Trust and Governance asks several important questions: Is trust really essential to good governance, or are strong laws more important? What leads people either to trust or to distrust government, and what makes officials decide to be trustworthy? Can too much trust render the public vulnerable to government corruption, and if so what safeguards are necessary? In approaching these questions, the contributors draw upon an abundance of resources to offer different perspectives on the role of trust in government. Enriched by (...) perspectives from political science, sociology, psychology, economics, history, and philosophy, Trust and Governance opens a new dialogue on the role of trust in the vital relationship between citizenry and government. (shrink)