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)

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

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)

In recent years, healthcare ethics, international law, and political philosophy have been moving closer together. The previously missing links are considerations of justice and their recognition through legal instruments. The most obvious example to date is the topic of benefit sharing.

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)

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)

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)

Calls for justice and reconciliation in response to political catastrophes are widespread in contemporary world politics. What implications do these normative strivings have in relation to colonial injustice? Examining cases of colonial war, genocide, forced sexual labor, forcible incorporation, and dispossession, Lu demonstrates that international practices of justice and reconciliation have historically suffered from, and continue to reflect, colonial, statist and other structural biases. The continued reproduction of structural injustice and alienation in modern domestic, international and transnational orders (...) generates contemporary duties of redress. How should we think about the responsibility of contemporary agents to address colonial structural injustices and what implications follow for the transformation of international and transnational orders? Redressing the structural injustices implicated in or produced by colonial politics requires strategies of decolonization, decentering, and disalienation that go beyond interactional practices of justice and reconciliation, beyond victims and perpetrators, and beyond a statist world order. (shrink)

For the peoples who have inhabited, since time immemorial, the lands within the external borders of the U.S., remediation of genocide, land theft, and ethnocide is a pressing issue. However, monetary reparations would frustrate the reacquisition of the American Indian capacity to self-determine on ancestral lands. Because the injustice at the core of U.S. history is neither broadly acknowledged nor deeply understood, Part I provides historical foundation and sketches the factual predicate to the American Indian claim for redress. Part (...) II presents and evaluates theories of justice with respect to this claim. Part III counters the shortcomings of these theories with a theory, Justice as Indigenism, that propounds a program of land restoration and legislative reform that will accord the full measure of relief to American Indians consistent with the requirements of justice for all peoples. (shrink)

Transitional justice is positioned as an emergent discourse to grapple with the aim, and subsequent practices, of moving societies mired in violent political relations to more stable, democratic political relations. Increasingly, precepts of transitional justice are being applied to political reconciliatory processes in so- called liberal democratic states. This article examines limitations to transitional justice paradigms especially when applied to Indigenous-state reconciliatory processes by centering Indigenous scholarly discourse critical of both transitional justice and reconciliation (...) processes that position Indigenous peoples, Indigenous lands, and the landed violence of colonialism as fixed in the past. The article offers an analysis of the limitations of neoliberal transitional justice and reconciliation processes that do not realize justice for Indigenous peoples and Indigenous lands by highlighting Indigenous-centered accounts of justice that promote collective capacities of Indigenous nations rooted in the ability of Indigenous peoples to experience themselves in the world in ways that center relations to land, world, and relatives (human and non-human). (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 281-296.

Cultural norms and values, as well as historical, social, and legal contexts shape the public uses and expressions of particular emotions, including anger. In the settler states of Aotearoa New Zealand, Australia, and Canada, indigenous peoples and those who came later negotiate the unfinished business of empire. Their exchanges are framed in terms of ethnic identity and difference. It is argued here that anger plays a significant part in the legal and political processes of claim, denial, and response (...) through which these differences are articulated and transacted. This article examines situations where people whose very naming is a product of European thought engage in the struggles of decolonization. The very different occasions and forms of anger over justice claims described illustrate the extent to which meanings are not shared in these societies. (shrink)

This article seeks to advance connecting the two societal priorities of environmental protection and what has been called ‘Indigenous reconciliation’ through arts-based communication (and particularly arts-based research), to help engage and inspire people towards sustaining a healthy planet and a just society. Through lenses of social justice, decolonizing critique and holistic environmental ideologies, this work explores theoretical and practical, real-world intersections of environmentalist, Indigenous and arts-based imperatives and ways of knowing. The goal is twofold: first, to seek (...) to engage readers in viewing the colonization of the planet and its First Peoples as intimately related, and ultimately, to bring together diverse literatures to suggest ideas, language and a model to foster communication aimed at redressing both of those colonialist evils. To acknowledge this intersection of environmental and Indigenous approaches in arts-based settings, the term ‘environmental conciliation’ is proposed and defined as ‘environmental protection in ways that acknowledge, address, and aim to redress imbalances in power among Indigenous people and non-Indigenous settlers honestly, respectfully, openly, creatively and positively. (shrink)

The term “Native Hawaiian” is often used to refer to the indigenous people of the Hawaiian islands; however, the term is itself non-Hawaiian, as is its pronunciation. The Kānaka Maoli, the “true or real persons,” are the indigenous people of Ka Pae ‘Āina O Hawai‘i (the Hawaiian archipelago). After living for centuries in these islands as a sovereign people, with a relationship to the land that is both familial and reciprocal, the last Hawaiian government was overthrown in 1893 (...) with the help of military personnel from the United States of America. Five years after the overthrow the USA annexed the islands, in spite of clear and overwhelming opposition by the Kānaka Maoli. In 1959 the majority of non-Hawaiian residents of Hawai‘i voted in the affirmative for statehood. The aim of this article is to show that the overthrow of the sovereign Hawaiian nation, the annexation of Hawai‘i by the USA, and the incorporation of these islands into the USA as its fiftieth state, are both illegal and unjust. Moreover, justice requires the restoration of a sovereign Hawaiian nation. (shrink)

In colonial nations, such as the land called Australia, the two registers of settler and Indigenous jurisdictions compete at the level of symbolic certainty. In Lacanian psychoanalytic theory neither can arrive at perfect symbolisation but the struggle and the proximity to their arrival can evoke anxiety. What insists to keep this anxiety at bay, in non-Indigenous Australia, is what Jacques Derrida calls justice. As an impossible object, similar to the Lacanian object petit a, justice must be (...) interminably animated to hold this object of desire in play. Humiliation of Indigenous people in Australia is, I argue in this article, one mode of this play. I interrogate the psychoanalytic discussions of anxiety by Freud and Lacan to consider firstly what might be the cause of anxiety for contemporary non-Indigenous Australians and secondly how this anxiety is ‘played out’ on the bodies of Indigenous people through practices of humiliation. As one example of this work of humiliation I consider several scenes of police practice in the Sydney suburb of ‘Redfern’ from the 1991 documentary Cop it Sweet. (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)

The political and legal perspectives on and understanding of the process of land reform in South Africa differ from the church's vision and understanding on what land reform entails. Currently, land reform through the restitution of church land to indigenous people is still not solved to all party's satisfaction, although this issue is on the table since 1994. The research focuses on the actions by the Roman Catholic Church that argued that 'society ensures justice when it provides the (...) conditions that allow associations or individuals to obtain what is their due, according to their nature'. The church also suggests that land is an arable resource that gives people access to certain basic needs necessary for them to lead a dignified life. This article discusses and evaluates the outcomes of the restitution of Catholic Church land since 1994-2014. It also addresses the contribution by the Catholic Church to land restitution during the period of 1994 -2014 to advocate and encourage further participation in the land reform programme. In light of this reality, one can ask whether the Catholic Church can bring about positive influence to the present challenges facing the land reform programme. Positive examples of the trainings and workshops conducted by the church within different communities are showcased to note possible future structures for dealing with land restitution from the church's perspective. (shrink)

Human rights declarations are instruments used to introduce universal standards of ethics. The UN’s Protect, Respect, and Remedy Framework (Ruggie, Protect, respect, and remedy: A Framework for business and human rights. UN Doc A/HRC/8/5, 2008; Guiding principles on business and human rights: Implementing the United Nations “Protect, Respect, and Remedy” framework. UN Doc A/HRC/17/31, 2011) intends to provide guidance for corporate behavior in regard to human rights. This article applies concepts from the field of organizational justice to the arena (...) of business and human rights for the purpose of operationalizing the UN Framework. This approach facilitates the recognition of gaps between perceptions of justice held by stakeholders versus businesses and/or the State. Such recognition raises the potential for addressing issues that lead to divergent perceptions of justice, thus potentially improving the human rights performance of businesses. The research also shows the potential for complicity of businesses in human rights abuses and exposes a fundamental weakness in the UN Framework, which attempts to draw a sharp distinction between duties of States versus responsibilities of business. We illustrate this approach through analysis of the case of Goldcorp’s Marlin Mine in Guatemala; an extractive industry project that affects indigenous communities. (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)

In 2016, Taiwan’s President Tsai Ing-wen officially apologised to the island’s indigenous peoples. This national apology not only plays a persuasive role in informing the general public about the historical wrongdoings inflicted on the Taiwanese aborigines, but also constitutes a therapeutic and restorative role in the process of reconciliation with the indigenous victims. This article provides a critical discourse analysis of President Tsai’s apology. In particular, it examines the power and ideology embedded in both the speech and (...) the related ceremony, and is supplemented with extracts from interviews with a cross-section of key stakeholders, such as a former Constitutional/supreme Court Justice, indigenous/tribal leaders and members/staff/advisers from the Presidential Office Indigenous Historical Justice and Transitional Justice Committee. The analysis reveals that, despite President Tsai’s apology and reconciliation policies, instead of facilitating reconciliation, the apology appears to exacerbate the long-standing latent tension between indigenous and non-indigenous groups. While the apology opens a window for reconciliation, a higher level of commitment is required to promote structural and systemic changes, such as land restitution, before the apology can be deemed adequate. (shrink)

The modern environmental movement has a tradition of respect for indigenous cultures and many environmentalists believe that there are important ecological lessons to be learned from studying the traditional life styles of indigenous peoples. More recently, however, some environmentalists have become more sceptical. This scepticism has been sharpened by current concerns with the cause of indigenous rights. Indigenous peoples have repeatedly insisted on their rights to pursue traditional practices or to develop their lands, even (...) when the exercise of these rights has implications in conflict with environmentalist values. These conflicts highlight some important questions in environmental ethics, particularly about the degree to which global environmental justice should be constrained by therecognition of indigenous rights. I explore some of these issues and argue for the relevance of the “capability approach” to environmental justice. (shrink)

In February 2012, Canada's Truth and Reconciliation Commission released an interim report that detailed its findings based on extensive testimony by former students of the nation's residential school system, a system designed to forcibly assimilate aboriginal peoples. The report concludes that the state must play an active role in the restoration of indigenous culture and knowledge. It is against this background that Christopher Martin analyzes the idea of aboriginal educational rights. The concern here is not so much with (...) aboriginal persons' right to a fair share of educational provision, but with the aboriginal person's right to reassert authority over his or her developmental interests, including an interest in culture and identity. The specific role of educational rights in such debates remains an important one, especially since such discussions impinge on difficult issues of state sovereignty and cultural rights. In this essay Martin examines various justifications of aboriginal educational rights and develops a Habermasian justification that remains consistent with individual rights. (shrink)

This paper considers the environmental justice issues presented by the proposed open-pit lithium mine in Thacker Pass, Nevada (Peehee mm’huh). Unlike the environmental destruction wrought from fossil fuel extraction, lithium is used to create lithium-ion batteries for storing and using electricity from “green energy” sources. Can the potential reduction in carbon emissions resulting from the lithium mined morally and politically justify the destruction of the Pass’s sagebrush sea – a critical wildlife habitat and sacred land to the People of (...) Red Mountain? Justice issues of this kind (e.g., clashes between the “renewable energy” industry and indigenous rights) are likely to become more prevalent as the industrial economy transitions from fossil fuels to vastly more spatially extensive forms of energy production (e.g., wind and solar farms, hydroelectric dams, and biofuels). I consider the case through the concept of ecocide and explore how liberal political respect for eco-relational pluralism offers grounds on which ecocide ought to be prohibited in a fair and just society. The goal of this paper is to ensure that states, in the pursuit of environmental justice, proceed in a manner aligned with their commitment to liberalism, by refraining from prioritizing economic growth and development at the expense of other reasonable conceptions of the good. (shrink)

The purpose of this article is to understand how historical oppression has undermined health through environmental injustices that have given rise to food insecurity. Specifically, the article examines ways in which settler colonialism has transformed and contaminated the land itself, impacting the availability and quality of food and the overall health of Indigenous peoples. Food security and environmental justice for Gulf Coast, state-recognized tribes has been infrequently explored. These tribes lack federal recognition and have limited access to (...) recourse and supplemental resources as a result. This research fills an important gap in the literature through exploring the intersection of environmental justice and food insecurity issues for this population. Partnering with a community-advisory board and using a qualitative descriptive methodology, 31 Gulf Coast Indigenous women participated in semi-structured interviews about their healthcare experiences and concerns. Through these interviews, participants expressed concerns about (a) the environmental impacts of pollution on the contamination of food and on the health of tribal members; and (b) the impact of these changes on the land, such as negatively impacting gardening practices. The authors of this study document how environmental changes have compounded these concerns and contribute to the overall pollution of food and water sources and unviability of subsistence practices, severely effecting tribal members’ health. In conclusion, we show how social and environmental justice issues such as pollution, industry exploitation, and climate change perpetuate the goals of settler colonialism through undermining cultural practices and the overall health of Indigenous peoples. (shrink)

The primary objective of this anthology is to make intergenerational justice an issue for intercultural philosophy, and, conversely, to allow the latter to enrich the former. In times of large-scale environmental destabilization, fair- ness between generations is an urgent issue of justice across time, but it is also a global issue of justice across geographical and nation-state borders. This means that the future generations envisioned by the currently living also cross these borders. Thus, different philosophical cultures and (...) traditions of thought should converse to re ect on what is fair to future people. In the remainder of this introduction, we will detail these claims and give an overview of the volume’s chapters. (shrink)

As political theorists address the parochial foundations of their field, engagement with the Indigenous traditions of Turtle Island is overdue. This article argues that theorists should approach such engagement with caution. Indigenous nations’ politics of knowledge production may differ from those of de-parochializing political theorists. Some Indigenous communities, in response to violent histories of knowledge extraction, have developed practices of refusal. The contemporary movement of resurgence engages Indigenous traditions of political thought toward the end of promoting (...) Indigenous intellectual and political sovereignty and self-determination. These practices demonstrate a commitment to epistemic justice that is imperfectly aligned with, and potentially opposed to, inclusion-oriented projects like comparative political theory. If political theorists are to de-parochialize political theory by incorporating Indigenous traditions, they must do so in ways that are respectful of Indigenous peoples’ own struggles for epistemic justice. This can be achieved by drawing on and deepening practices of reflexivity exhibited in leading comparative political theory scholarship, and by allowing Indigenous treaty relationships to set the terms of the encounter. (shrink)

Amitav Ghosh’s The Nutmeg’s Curse (2021) is an insightful deliberation on the layered inequities and asymmetries created by the intersection of colonialism and anthropogenic activities. In The Nutmeg’s Curse, Ghosh conceives the present-day climate and ecological crisis as fallouts of colonial thinking and its manifestations in dominant epistemic and ethical constructions. This article underscores Ghosh’s critique of the Eurocentric discourses for their instrumentality in producing the totalitarian binaries of human and non-human, in which the ‘human’ was always the whites and (...) the ‘non-human’ comprised all ‘others’—the non-whites, indigenous people, nature and ecology. In attributing agency and signifying authority to the white capitalist, this dualistic thinking has always conceived of the ‘others’ as non-humans—those who could be objectified, commodified and tampered with. This article explores how Ghosh repudiates this colonialist monolithic demarcation, which, in compliance with the discourse of the Anthropocene, had annihilated non-Western forms of signification, knowledge and ethics. The article focuses on how the systemic othering of Western modernity’s episteme had been incremental, leading to occurrences of ‘testimonial injustices’ and ‘hermeneutical injustices’—which had culminated in severe forms of epistemicide and unleashed, what Boaventura de Sousa Santos terms ‘cognitive injustice’—relegating indigeneity and ecology to precarious conditions. In accordance with this, this article argues that Ghosh envisages a critical necessity to dismantle the matrix of Western capitalist modernity and its associated narrative of the Anthropocene and claims for a conceptualization of decolonial ecological ethics that would prioritize an encompassing of the episteme produced by the ‘other’. An engagement with the indigenous voices and a restoration of non-Western modes of knowledge production are crucial, as they can offer new ethical dimensions to envision ecology and life with its multiplicities and facilitate ‘cognitive justice’ for the oppressed and unrepresented ‘other’. (shrink)

Conflict revolves around communication and culture intersections. This interplay has historical antecedents and contemporary applications. Conflicts involving Indigenous Peoples and colonizers appear in literary representations, and contests between communities and cultures in historical, political and social settings. Amnesty International reports Indigenous Peoples’ realities and efforts to lobby for social justice. One effort is in becoming visible and seeking meaningful recognition examined in media coverage of the First Peoples’ holiday in Trinidad and Tobago, and resonates (...) in conflicts reported elsewhere between Indigenous Peoples and others. Using media reports, interviews and other texts, this article employs a critical discourse studies approach to trace narrative elements and themes of communication, culture and conflict interplay, and interpret the contested expression and meaning of these texts to describe, understand, explain and construct a theoretical and applied account of resistance against unequal treatment. (shrink)

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

The multi-faceted ecological crisis—combining problems of ecology, society, and religion—is tied to the ideologies implicit in Western thinking. In this essay, I outline an ecofeminist theology which addresses how the current ecological crisis we face—including but not limited to, climate change, mass species extinction, ocean acidification, the rise in wildfires and superstorms, glacial melt, pollution—are tied to problematic and incorrect ideologies. To do this, I utilize Val Plumwood’s robust ecofeminist philosophy to revealing harmful dualisms implicit in all forms of oppression. (...) I critique transcendental monotheism for extracting life, God, and agency from the natural world. If God exists over and above the Earth, and this God is omnipotent, omnipresent, and omniscient, this justifies the problematic lagged response to our urgent ecological crisis. In short, my ecofeminist theology affirms intersectionality. It considers racial injustice and systemic racism are intertwined with the ecological crises. We cannot address our ecological crisis without also addressing racial injustice. It critiques a transcendental monotheistic God as this reinforces irresponsible and apathetic responses to our multi-faceted ecological crisis. And it affirms Plumwood’s “philosophical animism” as a way to retrieve nature in the active voice. By retrieving nature in the active voice, we retrieve a sense of groundedness in place through relationships with non-humans. Her “philosophical animism” affirms agency in the natural world without culturally appropriating Indigenous cultures. It is a way for Westerners to enter into dialogical relationship with the natural world. It is both political—affirming the rights of Black, Indigenous, and other people of color—and it is personal—engaging in a practice of the wild. (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)

A collection of essays that examine how discussions of justice are most usefully shaped in our world, rethinking how we theorize justice and principles of justice.

A value-packed bundle for value-conscious seniors! Digital photography and cameras is a must-have for the over-55 set, but the technology can be intimidating. This book-and-DVD bundle provides all the plain-English guidance of Digital Photography For Seniors For Dummies along with a one-hour DVD filled with tips for using various camera settings, getting terrific photos, and working with images after they're shot. With advice on choosing and using a digital camera, secrets for super shots, getting images onto the computer and enhancing (...) them, and making prints or sharing pictures online, this value-priced bundle has what seniors want to know. People over 55 are one of the fastest-growing markets for digital cameras; they want to learn to use the equipment quickly and without being intimidated by technology This book-and-DVD bundle provides plenty of information in plain English and at a no-nonsense price Covers choosing a digital camera, understanding the lingo, using the controls, working with different settings, downloading and organizing pictures, performing basic edits, and sharing your photos Easy-to-read type and plenty of colorful illustrations make Digital Photography For Seniors For Dummies a great way to get up to speed The Digital Photography For Seniors For Dummies bundle provides exactly what seniors want-no-frills explanations, the visual aspect of DVD instruction, and a great value. (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...

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)

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)

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)

Abstractabstract:The United Nations Environment Program (UNEP) Faith for Earth initiative calls for religiously inspired social action on local and global levels, focused on the seventeen interdependent sustainable development goals toward a just and peaceful world. Environmental justice must include an intersectional human rights approach to these issues by addressing the multiple and intersecting nature of lived experience, including gender, race, and socioeconomic status. My paper takes as its point of departure the UNEP Faith for Earth's recognition that environmental conditions (...) have different impacts on the lives of men and women due to existing gender inequality. As both UN and UN Women have confirmed in their reports, women disproportionately suffer the impacts of climate change and environmental degradation, especially in the global South. Environmental justice must address the critical link between environmental problems, and the rights of women and girls. Sustainable Development Goal five on gender equality includes addressing violence against women, sexual health and reproductive rights, and peace and security. I discuss how faith-based initiatives, specifically Buddhist and African Indigenous Christian, have a positive role in grassroots environmental justice in the global South. My discussion includes the work of African Indigenous Christian, Nobel Laureate, and founder of the Greenbelt Movement, Dr. Wangari Muta Maathai, and the Theravada Thai lay Buddhist teacher and founder of the International Network of Engaged Buddhists, Sulak Sivaraksa. Their faith-based grassroots initiatives for environmental justice anticipate and are exemplary models for the UNEP Faith for Earth call to action. They emphasize a 'think global, act local' approach to environmental justice, by drawing on the wisdom and teachings of the people. I focus specifically on how religion has a critical role in these faith-based initiatives. (shrink)

This paper interrogates the challenges and potentials for solidarity between refugees and Indigenous peoples by bringing decolonial, anti-colonial and anti-imperialist critiques in different parts of the world, including in white settler colonies and in the Third World, into conversation with each other and with Refugee Studies. The first section of the paper offers two analytical steps towards decolonizing mainstream Refugee Studies. The first step involves identifying, analyzing and problematizing what we may call “an elephant in the room,” a (...) parallax gap between Refugee Studies and studies of International Politics. The second analytical step is problematizing and challenging the popular discourses of charity and gratitude that dominate refugee discourses and narratives in the Global North. The second section of the paper engages in a more direct and detailed discussion about challenges to and possibilities for solidarity between refugees and Indigenous peoples. Articulating historical and contemporary parallels between refugee displacement from land and Indigenous dispossession of land, this section demonstrates that there are nevertheless no guarantees for political solidarity. It argues that potentials for solidarity are contingent on a politics of place, as articulated by Indigenous and non-Indigenous scholars; and also possibly on a reconceptualization and reorientation of refugee identity different from the ways it has been constituted in colonial discourses. (shrink)

Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to unbundle (...) property rights into rights of benefit, control, use, and access and to distinguish between different forms of attachment. This strategy allows for a third option of restitution and supersession, namely partial restitution. Partial restitution grants current land holders those rights that they need to satisfy their attachments and basic distributive justice claims. At the same time, rights that are not needed for either purpose will revert back to indigenous peoples as the original owners. The article argues that the notion of partial restitution allows for far more extensive land rights than a less nuanced application of the supersession thesis. (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)

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)

Focusing on contemporary social issues-- the environmental crisis, population growth and demographic change, and the question of whether reparations are owed to indigenous peoples--this study presents a theory of intergenerational justice that gives citizens duties to past and future generations, and explains what relationships between contemporary generations count as fair.

(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.

ABSTRACTThe conclusion of the Truth and Reconciliation Commission launched a new chapter in Indigenous-state relationships in Canada. Despite many resulting ‘reconciliation initiatives’, there remains considerable discussion as to what form reconciliation should take and for what end. Reconciliation processes must involve Indigenous peoples from the outset and should be founded on Indigenous intellectual and legal traditions. Indigenous peoples’ conceptions of reconciliation differ markedly from state-sponsored views, particularly the view that reconciliation must be achieved among (...) all beings of Creation, including all living things and entities that broader society does not consider to be alive. Indigenous concepts of reconciliation extend discussions beyond human dimensions to encompass reconciliation with the natural world as a path forward to achieve justice. As such, reconciliation must also include discussion of Indigenous environmental justice, as both Indigenous and non-Indigenous peoples need to heal their damaged relationships with each other and to the land. The Anishinaabe concept of Mino-bimaatisiwin the ‘good life’, or ‘living well’) offers guidance for ensuring that balanced relationships among all beings of Creation are maintained. Concepts such as these could provide significant guidance as we work towards achieving a more sustainable and just society through reconciliation efforts. (shrink)

This volumes argues that it is essential for political theorists to think carefully about the political circumstances of indigenous groups facing persistent injustice, and about the political methods that these groups may adopt in seeking to improve their condition, particularly focusing on indigenous communitities in the US and Canada.