Indigenous Environmental Justice


Book Description

This volume clearly distinguishes Indigenous environmental justice (IEJ) from the broader idea of environmental justice (EJ) while offering detailed examples from recent history of environmental injustices that have occurred in Indian Country. With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying land held in a place of exceptional reverence for Indigenous peoples. With focused essays on important topics such as the uranium mining on Navajo and Hopi lands, the Dakota Access Pipeline dispute on the Standing Rock Indian Reservation, environmental cleanup efforts in Alaska, and many other pertinent examples, this volume offers a timely view of the environmental devastation that occurs in Indian Country. It also serves to emphasize the importance of self-determination and sovereignty in victories of Indigenous environmental justice. The book explores the ongoing effects of colonization and emphasizes Native American tribes as governments rather than ethnic minorities. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed and state indifference.







Crime and Social Justice in Indian Country


Book Description

In Indigenous America, human rights and justice take on added significance. The special legal status of Native Americans and the highly complex jurisdictional issues resulting from colonial ideologies have become deeply embedded into federal law and policy. Nevertheless, Indigenous people in the United States are often invisible in discussions of criminal and social justice. Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. The contributors come from the growing wave of Native American as well as non-Indigenous scholars who employ these methods. They reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Topics include stalking, involuntary sterilization of Indigenous women, border-town violence, Indian gaming, child welfare, and juvenile justice. These issues are all rooted in colonization; however, the contributors demonstrate how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination. Thanks to its focus on community responses that exemplify Indigenous resilience, persistence, and innovation, this volume will be valuable to those on the ground working with Indigenous communities in public and legal arenas, as well as scholars and students. Crime and Social Justice in Indian Country shows the way forward for meaningful inclusions of Indigenous peoples in their own justice initiatives. Contributors Alisse Ali-Joseph William G. Archambeault Cheryl Redhorse Bennett Danielle V. Hiraldo Lomayumptewa K. Ishii Karen Jarratt-Snider Eileen Luna-Firebaugh Anne Luna-Gordinier Marianne O. Nielsen Linda M. Robyn




Covered with Night: A Story of Murder and Indigenous Justice in Early America


Book Description

WINNER • 2022 PULITZER PRIZE IN HISTORY Finalist • National Book Award for Nonfiction Best Books of the Year • TIME, Smithsonian, Boston Globe, Kirkus Reviews The Pulitzer Prize-winning history that transforms a single event in 1722 into an unparalleled portrait of early America. In the winter of 1722, on the eve of a major conference between the Five Nations of the Haudenosaunee (also known as the Iroquois) and Anglo-American colonists, a pair of colonial fur traders brutally assaulted a Seneca hunter near Conestoga, Pennsylvania. Though virtually forgotten today, the crime ignited a contest between Native American forms of justice—rooted in community, forgiveness, and reparations—and the colonial ideology of harsh reprisal that called for the accused killers to be executed if found guilty. In Covered with Night, historian Nicole Eustace reconstructs the attack and its aftermath, introducing a group of unforgettable individuals—from the slain man’s resilient widow to an Indigenous diplomat known as “Captain Civility” to the scheming governor of Pennsylvania—as she narrates a remarkable series of criminal investigations and cross-cultural negotiations. Taking its title from a Haudenosaunee metaphor for mourning, Covered with Night ultimately urges us to consider Indigenous approaches to grief and condolence, rupture and repair, as we seek new avenues of justice in our own era.




Traditional, National, and International Law and Indigenous Communities


Book Description

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.




Indigenous (In)Justice


Book Description

The indigenous Bedouin Arab population in the Naqab/Negev desert in Israel has experienced a history of displacement, intense political conflict, and cultural disruption, along with recent rapid modernization, forced urbanization, and migration. This volume of essays highlights international, national, and comparative law perspectives and explores the legal and human rights dimensions of land, planning, and housing issues, as well as the economic, social, and cultural rights of indigenous peoples. Within this context, the essays examine the various dimensions of the “negotiations” between the Bedouin Arab population and the State of Israel. Indigenous (In)Justice locates the discussion of the Naqab/Negev question within the broader Israeli-Palestinian conflict and within key international debates among legal scholars and human rights advocates, including the application of the Declaration on the Rights of Indigenous Peoples, the formalization of traditional property rights, and the utility of restorative and reparative justice approaches. Leading international scholars and professionals, including the current United Nations Special Rapporteur on Violence against Women and the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, are among the contributors to this volume.




Reconciliation, Transitional and Indigenous Justice


Book Description

Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.




Why Indigenous Literatures Matter


Book Description

Part survey of the field of Indigenous literary studies, part cultural history, and part literary polemic, Why Indigenous Literatures Matter asserts the vital significance of literary expression to the political, creative, and intellectual efforts of Indigenous peoples today. In considering the connections between literature and lived experience, this book contemplates four key questions at the heart of Indigenous kinship traditions: How do we learn to be human? How do we become good relatives? How do we become good ancestors? How do we learn to live together? Blending personal narrative and broader historical and cultural analysis with close readings of key creative and critical texts, Justice argues that Indigenous writers engage with these questions in part to challenge settler-colonial policies and practices that have targeted Indigenous connections to land, history, family, and self. More importantly, Indigenous writers imaginatively engage the many ways that communities and individuals have sought to nurture these relationships and project them into the future. This provocative volume challenges readers to critically consider and rethink their assumptions about Indigenous literature, history, and politics while never forgetting the emotional connections of our shared humanity and the power of story to effect personal and social change. Written with a generalist reader firmly in mind, but addressing issues of interest to specialists in the field, this book welcomes new audiences to Indigenous literary studies while offering more seasoned readers a renewed appreciation for these transformative literary traditions.




Returning to the Teachings


Book Description

In his bestselling book Dancing with a Ghost, Rupert Ross began his exploration of Aboriginal approaches to justice and the visions of life that shape them. Returning to the Teachings takes this exploration further still. During a three-year secondment with Justice Canada, Ross travelled from the Yukon to Cape Breton Island, examining--and experiencing--the widespread Aboriginal preference for "peacemaker justice." In this remarkable book, he invites us to accompany him as he moves past the pain and suffering that grip so many communities and into the exceptional promise of individual, family and community healing that traditional teachings are now restoring to Aboriginal Canada. He shares his confusion, frustrations and delights as Elders and other teachers guide him, in their unique and often puzzling ways, into ancient visions of Creation and our role with it. Returning to the Teachings is about Aboriginal justice and much more, speaking not only to our minds, but also to our hearts and spirits. Above all, it stands as a search for the values and visions that give life its significance and that any justice system, Aboriginal or otherwise, must serve and respect.




Subjects of Intergenerational Justice


Book Description

This book challenges mainstream Western IEJ (intergenerational environmental justice) in a manner that privileges indigenous philosophies and highlights the value these philosophies have for solving global environmental problems. Divided into three parts, the book begins by examining the framing of Western liberal environmental, intergenerational and indigenous justice theory and reviews decolonial theory. Using contemporary case studies drawn from the courts, film, biography and protests actions, the second part explores contemporary Māori and Aboriginal experiences of values-conflict in encounters with politics and law. It demonstrates the deep ontological rifts between the philosophies that inform Māori and Aboriginal intergenerational justice (IJ) and those of the West that underpin the politics and law of these two settler states. Existing Western IEJ theories, across distributional, communitarian, human rights based and the capabilities approach to IJ, are tested against obligations and duties of specific Māori and Aboriginal iwi and clans. Finally, in the third part, it explores the ways we relate to time and across generations to create regenerative IJ. Challenging the previous understanding of the conceptualization of time, it posits that it is in how we relate—human to human, human to nonhuman, nonhuman to human—that robust conceptualization of IEJ emerges. This volume presents an imagining of IEJ which accounts for indigenous norms on indigenous terms and explores how this might be applied in national and international responses to climate change and environmental degradation. Demonstrating how assumptions in mainstream justice theory continue to colonise indigenous people and render indigenous knowledge invisible, this book will be of great interest to students and scholars of environmental and intergenerational philosophy, political theory, indigenous studies and decolonial studies, and environmental humanities more broadly.