At the Edge of the State: Indigenous Peoples and Self Determination


Book Description

Focusing on issues raised by the U.N. Working Group on Indigenous Peoples, this study reveals the obstacles to self-determination for these peoples in all parts of the world. The author argues, using both legal and social theory, that the right of self-determination can be available to indigenous peoples, and proposes measures that the UN might institute to oversee the realization of this right. Published under the Transnational Publishers imprint.







Restructuring Relations


Book Description

Adopted in 2007, the UN Declaration on the Rights of Indigenous Peoples establishes self-determination--including free, prior, and informed consent--as a foundational right and principle. Self-determination, both individual and collective, is among the most important and pressing issues for Indigenous women worldwide. Yet Indigenous women's interests have been overlooked in the formulation of Indigenous self-government, and existing studies of Indigenous self-government largely ignore issues of gender. As such, the current literature on Indigenous governance conceals patriarchal structures and power that create barriers for women to resources and participation in Indigenous societies. Drawing on Indigenous and feminist political and legal theory--as well as extensive participant interviews in Canada, Greenland, and Scandinavia-- this book argues that the current rights discourse and focus on Indigenous-state relations is too limited in scope to convey the full meaning of "self-determination" for Indigenous peoples. The book conceptualizes self-determination as a foundational value informed by the norm of integrity and suggests that Indigenous self-determination cannot be achieved without restructuring all relations of domination nor can it be secured in the absence of gender justice. As a foundational value, self-determination seeks to restructure all relations of domination, not only hegemonic relations with the state. Importantly, it challenges the opposition between "self-determination" and "gender" created and maintained by international law, Indigenous political discourse, and Indigenous institutions. Restructuring relations of domination further entails examining the gender regimes present in existing Indigenous self-government institutions, interrogating the relationship between Indigenous self-determination and gender violence, and considering future visions of Indigenous self-determination, such as rematriation of Indigenous governance and an independent statehood.




In Pursuit of the Right to Self-determination


Book Description

In today's world, there are more than 2000 thousand ethnic groups but only 192 states. When dominant ethnic groups ignore the socio-economic and cultural identity needs and rights of other peoples within the same state, demands for self-determination arise. Wars that threaten the stability of whole regions often result. This book - the collected papers of the historic First International Conference on the Right to Self-Determination & the United Nations held in Geneva in August, 2000 - is unique in that the issue of the right to self-determination is explored within the context of just demands by those to whom it means the most. It presents the views of minority members of various parliaments, UN experts and distinguished scholars, as well as interventions from NGO attendees from all corners of the globe expressing the self-determination needs and struggles of a wide range of indigenous populations, minorities, and internal nations: Kashmiris, QuebeÇois, Irish, Tamils, Native Americans, African Americans, Saamis, South Moluccans, Roma, Dalits of India, Canadian First Nations, Khmer Krom of Vietnam, Chechens, Mon of Burma, Puerto Ricans, Native Hawaiians, the Quichua indigenous nation of Ecuador, the Zanzibaris, etc. The Collected Papers address such questions as: The role of the UN in implementing just demands for self-determination Self-determination as a form of collective restorative justice The relationship between policies of forced assimilation and racism, ethnocide and armed conflict Self-determination through minority rights, internal autonomy or Secession Self-determination as a means of further democratization of the UN and the international system




Self-Determination


Book Description

This book compares and contrasts historical and contemporary Canadian and U.S. Native American policy. The contributors include economists, political scientists, and lawyers, who, despite analyzing a number of different groups in several eras, consistently take a political economy approach to the issues. Using this framework, the authors examine the evolution of property rights, from wildlife in pre-Columbian times and the potential for using property rights to resolve contemporary fish and wildlife issues, to the importance of customs and culture to resource use decisions; the competition from states for Native American casino revenues; and the impact of sovereignty on economic development. In each case, the chapters present new data and new ways of thinking about old evidence. In addition to providing a framework for analysis and new data, this book suggests how Native American and First Nation policy might be reformed toward the end of sustainable economic development, cultural integrity, and self-determination. For these reasons, the book should be of interest to scholars, policy analysts, and students of Native American law, economics, and resource use, as well as those interested in the history of Native Americans and Canada’s First Nations.




Sovereignty Matters


Book Description

Sovereignty Matters investigates the multiple perspectives that exist within indigenous communities regarding the significance of sovereignty as a category of intellectual, political, and cultural work. Much scholarship to date has treated sovereignty in geographical and political matters solely in terms of relationships between indigenous groups and their colonial states or with a bias toward American contexts. This groundbreaking anthology of essays by indigenous peoples from the Americas and the Pacific offers multiple perspectives on the significance of sovereignty.




Sovereignty in the Exercise of the Right to Self-Determination


Book Description

Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.




Indigenous Peoples in the International Arena


Book Description

This book provides a definitive account of the creation and rise of the international Indigenous Peoples’ movement. In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation – especially at the United Nations, an institution centered on states – meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall – now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources. Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues.




The Politics of Self-Determination


Book Description

Since the formation of the UN in 1945 the international community has witnessed a number of violent self-determination conflicts such as the disintegration of Yugoslavia, Chechnya, Kashmir, and South Sudan that have been a major cause of humanitarian crises and destruction. This book examines the scope and applicability of political self-determination beyond the decolonisation process. Explaining the historical evolution of self-determination, this book provides a theoretical examination of the concept and background. Taking an interdisciplinary approach, the author analyses self-determination in relation to contemporary conflicts, which inform and drive a coherent theoretical framework for international responses to claims for self-determination. Built upon an examination of the conceptual foundations of self-determination, this book presents a new understanding and application of self-determination. It addresses the important question of whether self-determination claims legitimate armed violence, either by the self-determining group’s right to rebel, or by the international community in the form of humanitarian intervention. The Politics of Self-Determination will be of interest to students and scholars of political science, international relations, security studies and conflict studies.