Political Theory and the Rights of Indigenous Peoples

Political Theory and the Rights of Indigenous Peoples
Author: Duncan Ivison
Publisher: Cambridge University Press
Total Pages: 340
Release: 2000-10-12
Genre: Political Science
ISBN: 9780521779371

This 2001 book focuses on the problem of justice for indigenous peoples and the ways in which this poses key questions for political theory: the nature of sovereignty, the grounds of national identity and the limits of democratic 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 colonization in these countries nevertheless raise common problems and questions for 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 'decolonisation' of relations between indigenous and non-indigenous peoples.

Global Indigenous Politics

Global Indigenous Politics
Author: Sheryl Lightfoot
Publisher: Routledge
Total Pages: 301
Release: 2016-05-20
Genre: Political Science
ISBN: 1317367782

This book examines how Indigenous peoples’ rights and Indigenous rights movements represent an important and often overlooked shift in international politics - a shift that powerful states are actively resisting in a multitude of ways. While Indigenous peoples are often dismissed as marginal non-state actors, this book argues that far from insignificant, global Indigenous politics is potentially forging major changes in the international system, as the implementation of Indigenous peoples’ rights requires a complete re-thinking and re-ordering of sovereignty, territoriality, liberalism, and human rights. After thirty years of intense effort, the transnational Indigenous rights movement achieved passage of the UN Declaration on the Rights of Indigenous Peoples in September 2007. This book asks: Why did movement need to fight so hard to secure passage of a bare minimum standard on Indigenous rights? Why is it that certain states are so threatened by an emerging international Indigenous rights regime? How does the emerging Indigenous rights regime change the international status quo? The questions are addressed by exploring how Indigenous politics at the global level compels a new direction of thought in IR by challenging some of its fundamental tenets. It is argued that global Indigenous politics is a perspective of IR that, with the recognition of Indigenous peoples’ collective rights to land and self-determination, complicates the structure of international politics in new and important ways, challenging both Westphalian notions of state sovereignty and the (neo-)liberal foundations of states and the international human rights consensus. Qualitative case studies of Canadian and New Zealand Indigenous rights, based on original field research, analyse both the potential and the limits of these challenges. This work will be of interest to graduates and scholars in international relations, Indigenous studies, international organizations, IR theory and social movements.

Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State

Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State
Author: Dominic O'Sullivan
Publisher: Springer Nature
Total Pages: 220
Release: 2020-12-21
Genre: Political Science
ISBN: 9813341726

This book explains how recognition theory contributes to non-colonial and enduring political relationships between Indigenous nations and the state. It refers to Indigenous Australian arguments for a Voice to Parliament and treaties to show what recognition may mean for practical politics and policy-making. It considers critiques of recognition theory by Canadian First Nations’ scholars who make strong arguments for its assimilationist effect, but shows that ultimately, recognition is a theory and practice of transformative potential, requiring fundamentally different ways of thinking about citizenship and sovereignty. This book draws extensively on New Zealand’s Treaty of Waitangi and measures to support Maori political participation, to show what treaties and a Voice to Parliament could mean in practical terms. It responds to liberal democratic objections to show how institutionalised means of indigenous participation may, in fact, make democracy work better.

The Moral Force of Indigenous Politics

The Moral Force of Indigenous Politics
Author: Courtney Jung
Publisher: Cambridge University Press
Total Pages: 366
Release: 2008-06-09
Genre: Political Science
ISBN: 9780521878760

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

Handbook of Indigenous Peoples' Rights

Handbook of Indigenous Peoples' Rights
Author: Damien Short
Publisher: Routledge
Total Pages: 673
Release: 2016-02-05
Genre: Law
ISBN: 1136313850

This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

European Conquest and the Rights of Indigenous Peoples

European Conquest and the Rights of Indigenous Peoples
Author: Paul Keal
Publisher: Cambridge University Press
Total Pages: 284
Release: 2003-08-28
Genre: History
ISBN: 9780521531795

Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. He argues that, paradoxically, law and political theory can now underpin the recovery of indigenous rights. At the heart of contemporary struggles is the core right of self-determination, and Keal argues for recognition of indigenous peoples as 'peoples' with the right of self-determination in constitutional and international law, and for adoption of the Draft Declaration on the Rights of Indigenous Peoples by the General Assembly. He asks whether the theory of international society can accommodate indigenous peoples and considers the political arrangements needed for states to satisfy indigenous claims. The book also questions the moral legitimacy of international society and examines notions of collective guilt and responsibility.

Between Consenting Peoples

Between Consenting Peoples
Author: Jeremy H. A. Webber
Publisher: UBC Press
Total Pages: 280
Release: 2010
Genre: History
ISBN: 0774818832

Consent has long been used to establish the legitimacy of society. But when one asks - who consented? how? to what type of community? - consent becomes very elusive, more myth than reality. In Between Consenting Peoples, leading scholars in legal and political theory examine the different ways in which consent has been used to justify political communities and the authority of law, especially in indigenous-nonindigenous relations. They explore the kind of consent - the kind of attachment - that might ground political community and establish a fair relationship between indigenous and nonindigenous peoples.

Red Skin, White Masks

Red Skin, White Masks
Author: Glen Sean Coulthard
Publisher: U of Minnesota Press
Total Pages: 319
Release: 2014-08-15
Genre: Social Science
ISBN: 1452942439

WINNER OF: Frantz Fanon Outstanding Book from the Caribbean Philosophical Association Canadian Political Science Association’s C.B. MacPherson Prize Studies in Political Economy Book Prize Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term “recognition” shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples’ right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics—one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a “place-based” modification of Karl Marx’s theory of “primitive accumulation” throws light on Indigenous–state relations in settler-colonial contexts and how Frantz Fanon’s critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.

The Inherent Rights of Indigenous Peoples in International Law

The Inherent Rights of Indigenous Peoples in International Law
Author: Antonietta Di Blase
Publisher: Roma TrE-Press
Total Pages: 331
Release: 2020-02-24
Genre: Law
ISBN: 8832136929

This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.