Utilizing social semiotic approaches, this article addresses how genetic researchers’ organizing narratives have involved extensive ontological and epistemological violence in their objectification Karitiana Indigenous people of Western Brazil. The paper analyses how genetic researchers have represented the Karitiana in the US and Canadian courts, post-9/11 forensic identification technology development, and patents. It also considers disputes over the sale of Karitiana cell lines by the US National Institutes of Health-funded Coriell Cell Repositories. These case studies reveal how the prominent population (...) geneticist Kenneth K. Kidd of Yale University and other genetics researchers have constituted the Karitiana as Extreme Other; liminal figures who define the boundaries of humanity. Originally sampled in 1987 by a Yale University epidemiologist, forensic genetic researchers have since utilized Karitiana cell lines to metonymically represent the Karitiana. The practices of objectification have imposed a genetically distinct special status upon the Karitiana that restricts recognition of their self-determination, rights and dignity, and which imposes onerous obligations to serve as research objects for the greater good of Humanity. The Karitiana are included as biological labour, but excluded from decision-making or asserting any other claims. Scientists have organized and maintained biotechnologically-mediated colonial relationships in which they and their institutions extract nearly all immediate and tangible benefits. The fusing of genetic research’s ontological and epistemological violence with the violence of state legal institutions raises important questions about the scope and practices of sovereignty, particularly in determining and enforcing states of exception through violence. (shrink)

The objective of this article was to gain insight into the community health practices of the Awá-Camawari indigenous people of the Vegas Chagüi Chimbuza reservation, situated within the Ricaurte municipality of the Nariño Department. The methodology was qualitative, with a review of the literature supported by the hermeneutical historical approach. Interviews were conducted with 16 informants and two petition rights holders. The findings indicate that there has been minimal progress in the community-differential health model. There are shortcomings in public (...) health policies for indigenous peoples, which have weaknesses and intermittencies that hinder changes. The practices are based on traditional medicine. In conclusion, there are routes that can be taken to guarantee the right to community health, with alliances and strategies that can be used to build collective interest plans that overcome the status quo. (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)

In this paper, Waters introduces American Indians who hold a Ph.D. in philosophy. Waters explains that because American Indians are unable to garner the financial, collegial, and academic support needed to rise to inclusive positions in the philosophical profession, most of our colleagues and students remain uneducated and ignorant about indigenous people and our philosophies that are still alive today on this shared American continent. America’s indigenous philosophers have important contributions to make to philosophy and culture; yet our (...) conceptual nonexistence exacerbates our veridical non- integration. It is a cultural luxury for the APA to not address these problems. In some moral worlds, the APA Board might have a positive obligation to address the status of American Indian philosophy with all due haste. Three possible ways of indexing American Indian philosophy for inclusion in the discipline are presented, each raising unique and particular problems for the profession. It is suggested a field of Indigenous philosophy (global) could emerge over time, having subfields of diverse cultural philosophies, not necessarily linked to nation states or current geopolitical regions. Concluding, given issues of invisibility, alliances, and responsibility, the APA remains historically morally bound to address and perhaps even redress American Indian exclusionism in the profession upon which it acts, and in the culture it complicitly creates. (shrink)

Background Many indigenous people have died or been harmed because of inadequately monitored research. Strong regulations in Human Research Ethics (HRE) are required to address these injustices and to ensure that peoples’ participation in health research is safe. Indigenous peoples advocate that research that respects indigenous principles can contribute to addressing their health inequities. This scoping literature review aims to analyze existing peer reviewed and grey literature to explore how indigenous values and principles from (...) countries of Oceania are incorporated into HRE and the governance of research involving human participants. Methods A scoping literature review framework was used for this study. A search for peer reviewed and grey literature from Google, bibliographies, and electronic databases such as SCOPUS, SPRINGER, Medline (Ovid) and JBI Database of Systematic Reviews was conducted, limited to the years 2002–2020. Sixty (60) documents that focused on indigenous knowledge from Oceania region and HRE were included, from which key findings and themes were synthesized. Results Charting the data showed that more than half the eligible documents were peer-reviewed journal articles (54%). Other sources included: International Declarations on Human Research (8%); book chapters (8%); government documents (8%); HRE Guidelines or protocols (13%); news articles (7%) and PhD thesis (2%). The literature was from Australia, Cook Islands, Guam, New Zealand, Fiji, Samoa, Tonga and Vanuatu, some of which focused specifically on HREs in the Pacific Region. Issues emerging from the literature were grouped into five themes (i) indigenous and cultural principles of HRE; (ii) informed consent in indigenous settings in Oceania; (iii) vulnerability and minority status of indigenous populations exploited for research; (iv) research ethics governance for Oceania indigenous peoples; and (v) research ethics committees in Oceania. Respect, relationship building, and trust were priority indigenous HRE principles that encompass the principles of partnership, capacity building, reciprocity, and equality. Relationship building and trust imply the equal distribution of benefits for indigenous population and researchers. Conclusion Indigenous principles of HRE identified were interconnected and interdependent. Recommendations were to incorporate indigenous principles of research in HRE regulations and processes of all countries with indigenous populations. This is especially pertinent for emerging national research committees in LMIC countries, including Fiji and Tonga. Relationship building among researchers and indigenous populations is key to successful research with indigenous populations. HRE principles important for relationship building include respect that is reciprocal among researchers and indigenous people. Elements of the principle of respect highlighted are empathy, collaboration, sharing of benefits, reciprocity, appreciation, empowerment, protection, safety and awareness of culture and languages. Indigenous ontology from the Oceania region involves spirituality, connectedness to land, religious beliefs and a participatory approach to HRE and should be respected in research. An ethical governance mechanism of HRE is one that incorporates indigenous principles and applications for the purpose of maximizing the protection of the dignity and rights of indigenous peoples of Oceania. (shrink)

The study aims to investigate indigenous communities’ socio-economic impacts as a result of the COVID-19 pandemic and to explore coping strategies to aid in the socio-economic recovery of indigenous communities. -/- The COVID-19 pandemic has had a negative impact on indigenous people's livelihoods, including employment and income, education, the migration of people, health, and natural resources. As a result of COVID-19, the indigenous people have lost their employment and income. The price of fish has decreased, which (...) has lowered their ability to make money from selling fish. Migrant workers returned home because they were concerned about their health security and many lost their jobs. Schools were closed because of COVID-19 and this increased education inequality. Health was impacted because it was difficult to access health services due to restrictions on travel. Returning migrants have pressured forest and fishery resources through increases in the number of fishers, which include the migrants who have returned to their own village. -/- The RGC, rural communities and indigenous communities have taken a number of measures to cope with the issues stemming from COVID-19. Migrant workers tried to look for local employment, used fishing to supplement household consumption and income needs, and often borrowed money from neighbors. Students attempted to use e-learning that was facilitated by the government; teachers visited some students’ homes, and older students supported younger students in their school lessons. In terms of health, home visits were facilitated for pregnant women, and people sought permission to travel to health centers. After giving birth, families were visited and offered a small amount of money to support their basic needs. To deal with natural resources, some coping strategies included smaller groups of patrolling teams, support grants from CSOs for forest and fishery resource patrolling, drone delivery to community fishery committees, and requesting community members to report illegal fishing or logging. And to minimize the spread of COVID-19, a mandatory 14-day quarantine at home was imposed on all people returning to the village. (shrink)

Environmental displacement is a global phenomenon affecting millions of people. Due to climate change and the corresponding sea-level rise, it is estimated that about eight million of indigenous people of Pacific Islands will be forced to settle elsewhere by 2050. This is one of many examples confirming the need to ascertain the legal status of environmental refugee in international law. The term ‘environmental refugee’ is controversially discussed and internationally not recognised. First, this article discusses the reasons for reluctance (...) of international organisations to accept this term. Second, noting the cold reception of this term at the regional and state levels, a discussion on whether fears associated with this term are based on solid arguments becomes pertinent. Third, this article outlines the possibility of granting refugee status under international law, especially under human rights and environmental law. Fourth, academic discourses will be examined as they play a crucial role in the conceptual development of ‘environmental refugee’ and, to some academics, the existing refugee definition already encompasses ‘environmental refugees’. Taking into account the developments of the environmental and human rights regime, this article concludes that time is ripe for international law to provide refugee status to environmentally displaced people. (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)

The Western world is experiencing a resurgence of interest in the therapeutic potential of psychedelics, most of which are derived from plants or fungi with a history of Indigenous ceremonial use. Recent research has revealed that psychedelic compounds have the potential to address treatment‐resistant depression and anxiety, as well as post‐traumatic stress disorder and addictions. These findings have contributed to the decriminalization of psychedelics in some jurisdictions and their legalization in others. Despite psychedelics’ opaque legal status, numerous companies (...) and individuals are profiting from speculative investments with few, if any, benefits accruing to Indigenous Peoples. In this paper, we suggest that the aptly named “psychedelic renaissance,” like the European Renaissance, is made possible by colonial extractivism. We further suggest that Indigenous philosophical traditions offer alternative approaches to reorient the “psychedelic renaissance” towards a more equitable future for Indigenous Peoples, psychedelic medicines, and all our relations. (shrink)

Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations (...) within the states now ruling them, he starts at a more basic level, interrogating fundamental justifications for political authority itself. He shows that historical claims of land ownership and prior sovereignty cannot provide a sufficient basis for challenging the authority of existing states, but that our natural moral duties to aid other persons in danger can justify rights to political separation from states that fail to protect their citizens as they should. -/- Actual attempts at political separation must be carefully managed through well-defined procedural mechanisms, however, to foster extensive democratic deliberation about the nature of the political changes at stake. Using such procedures, Hendrix argues, indigenous peoples should be able to withdraw politically from the states currently ruling them, even to the point of choosing full independence. (shrink)

The United States Fish and Wildlife Service in Alaska, USA, conducted a species status assessment for a petition to list the Alexander Archipelago wolf (Canis lupus ligoni) under the Endangered Species Act in 2020-2022. This federal undertaking could not be adequately prepared without including the knowledge of Indigenous People who have a deep cultural connection with the subspecies. Our objective is to communicate the authoritative expertise and voice of the Indigenous People who partnered on the project by (...) demonstrating how their knowledge contributed to the species status assessment. The Indigenous knowledge applied in the assessment is the cultural and intellectual property of those who have shared it. We employed rapid appraisal research to expeditiously develop a preliminary and qualitative understanding of Indigenous People's cultural and ecological knowledge of Alexander Archipelago wolves. We used semi-directed interviewing and inductive coding from grounded theory for text analysis. Indigenous knowledge contributed to the agency's understanding of the Alexander Archipelago wolf in Southeast Alaska and helped the agency with their classification decision. Indigenous research partners explained the rich cultural significance and position of wolves in Tlingit society and described human–wolf relationships and ecological interactions. The agency used a single-species assessment approach based in species ecology and conservation biology, whereas the Indigenous wolf experts applied a multi-species, community ecology approach based in a sociocultural context of balance and respect. The Indigenous wolf experts successfully addressed knowledge gaps identified by the agency. The partners were challenged by a short regulatory timeframe that did not allow for comprehensive study of Indigenous knowledge and constrained review and feedback by Indigenous experts. The United States Fish and Wildlife Service learned that its assessment framework was not designed to account for an Indigenous worldview. To level the playing field, the agency and Indigenous experts should discuss how to co-develop an assessment framework that equitably applies both perspectives. (shrink)

Thanks to mounting discussion about projected technologies’ possibly altering the species mentally and physically, philosophical investigation of what human beings are proceeds robustly. Many thinkers contend that whatever we are has little to do with how we should behave. Yet, tampering with what the human being is may tread upon human rights to be whatever one is. Rights given in widely recognized documents such as the U.N. Declaration of the Rights of Indigenous Peoples assume what humans are and (...) need depends upon ontological assumptions about human existence. Godman turns to human ontology—just what kind of beings humans are (from an angle distinct from the other two books) and how these play into rights. She is concerned with how well the social sciences accord with what we are. Gunkel homes in on a more specific moral topic than Godman's general concern with identity’s role in rights: automata moral status and rights. He enjoins us to inquire into what human rights are before we take on the new technologies’ challenge to it. Schneider’s Artificial You, while not explicitly about rights, poses a rights quandary. Certain individuals with reputable resources and practical backing explicitly seek to evolve the species as they see fit. The urgency among these works concerns how we need a sharper idea of what we are, how we should act and be treated, and how our rights fare among potential human improvements. (shrink)

This article examines the political anthropology developed by the Danish philosopher Jens Kraft in his study of Indigenous peoples and their institutions, customs, and opinions. Kraft aims to reconstruct human history by amalgamating insights on man, nature, and society from scholars like Wolff and Rousseau with empirical knowledge on Indigenous cultures worldwide. Through comparative analysis of diverse Indigenous groups, Kraft seeks to identify institutions, customs, and opinions that are identical and thus universal to human nature and (...) history. This examination not only allows Kraft to formulate general laws governing humanity’s progress but also to deduce fundamental natural principles – specifically, natural liberty and charity – against which ‘civilised’ society should be measured and improved. The article argues that, for Kraft, human history is the history of intellectual advancement, driven by humanity’s pursuit for rational solutions to challenges arising from external circumstances such as population growth and the emergence of property. In his work, Kraft, much like Rousseau, criticises contemporary ‘enlightened’ European society as morally debased, but maintains that humans are capable of rectifying their deficiencies and improving their imperfect civil societies through the use of progressively developed right reason. (shrink)

Governance of biomedical research in the United States has been characterized by ethical individualism, a mode of reasoning that treats the individual person as the center of moral concern and analysis. However, genomics research raises ethics issues that uniquely affect certain genetically related communities as collectives, not merely as aggregates of individuals. This is especially true of identifiable populations—including Indigenous Peoples—that are often minoritized, socially marginalized, or geographically isolated. We propose an alternative, complementary framework based on the United (...) Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) (2007), which explicitly recognizes both individual and collective rights. We use the CARE Principles for Indigenous Data Governance as a case study to show how this UNDRIP‐based framework can complement the individual‐focused national standard for research oversight represented by the Belmont principles, thereby better protecting Indigenous Peoples’ rights and interests in genomic data. (shrink)

The paper describes the unique health ethics challenges of working with Indigenous peoples. It explores the distorting impacts of colonial law and economic policy on clinical ethics decision making and makes some practical recommendations for overcoming or subverting them.

Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 (IPRA) was passed by the Philippine Congress in order to address the concerns of the indigenous communities which had received marginal attention through the past decades. Indigenous communities have also been displaced from their lands due to armed conflicts between government soldiers and secessionist groups, particularly the Moro rebels and the communist-led New Peoples’ Army. The Philippines has been privy to peace initiatives with these (...) two groups for some time now. Political circumstances, however, and legal impediments have periodically stalled the peace processes. It is the author’s intention to focus on the predicament of indigenous communities as they seek a strategic role in shaping the content of peace agreements being negotiated by the Philippine government with the rebel groups. How have the indigenous communities made an impression on the two peace processes through the years? And, have the indigenous peoples’ rights been sufficiently protected in the context of the peace agreements? The author will draw from his own insights on the peace processes and agreements which have been negotiated and even tested before the Supreme Court of the Philippines. (shrink)

Objectives To characterize recruitment approaches to research on the brain and mind that involves Indigenous peoples. Methods We conducted a secondary analysis of a Harding et al. (2021) scoping review. Reviewers screened studies (_n_ = 66) for sampling methods, recruitment and engagement, positionality statements, and details on ethics approvals. Synthesis We identified twenty-nine (29) English-language articles relevant to the analysis. Of these, 52% (_n_ = 15/29) reported a mix of sampling methods; 45% (_n_ = 13/29) contained statements or (...) information about author positionalities. While, overall, 24% (_n_ = 7/29) of the studies were missing information about ethics protocols, we observe an improvement over time in the reporting of approvals and use of community-engaged participant recruitment methods. Current brain research studies demonstrate ways of collaborating with Indigenous communities that meet existing ethics guidelines. To be wholly responsive to the needs of Indigenous peoples, however, researchers may need to exceed existing ethical benchmarks.. Positionality statements successfully detailed the relationships of the research teams with the communities with which they work, and contextualized recruitment methods. Conclusion Improved quality and meaningfulness of brain research with Indigenous peoples and trust in the research process and public health will be enhanced when remaining gaps in protecting and reporting of participant recruitment methods are closed. (shrink)

This paper focuses on Elizabeth Anderson’s application of the epistemological idiom of mētis to the debate over the equal status of indigenous knowledge and scientific knowledge in the academic curriculum. Against the denial of this equal status by critics of indigenous knowledge or science, Anderson defends what one might term a conciliatory view, the view, roughly, that indigenous knowledge meets the criteria of scientific knowledge presupposed by the critics of the equal status of (...) class='Hi'>indigenous knowledge and scientific knowledge in the academic curriculum, and it is continuous with agroecological form of mainstream scientific inquiry. I argue that the conciliatory view does not rest substantively on mētis as an epistemological idiom since the view is based on the direct conceptual relation between the notion of indigenous knowledge and the notion of scientific knowledge or inquiry. More importantly, the view amounts to appealing to the critics of the equal status of indigenous knowledge on the terms of those critics and leaves unchallenged those very core assumptions that ground their denial of the equal status of indigenous knowledge in the first place. Building on her fruitful analysis of mētis, I attempt a sketch of an alternative view that vindicates the equal status of indigenous knowledge and scientific knowledge in the academic curriculum, but which avoids those drawbacks. (shrink)

International law guarantees rights to indigenous peoples regarding traditional lands, knowledge, cultural preservation, and human security. This paper will examine the sources of these rights and legal remedies for violations of law. Protection of indigenous peoples’ cultures and resources contribute to the protection of the global environment.

Law's Indigenous Ethics examines the revitalization of Indigenous peoples' relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to (...) bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law's Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures. (shrink)

In addition to the aim of mapping and sequencing one human's genome, the Human Genome Project also intends to characterise the genetic diversity of the world's peoples. The Human Genome Diversity Project raises political, economic and ethical issues. These intersect clearly when the genomes under study are those of indigenous peoples who are already subject to serious economic, legal and/or social disadvantage and discrimination. The fact that some individuals associated with the project have made dismissive comments about (...) indigenous peoples has confused rather than illuminated the deeper issues involved, as well as causing much antagonism among indigenous peoples. There are more serious ethical issues raised by the project for all geneticists, including those who are sympathetic to the problems of indigenous peoples. With particular attention to the history and attitudes of Australian indigenous peoples, we argue that the Human Genome Diversity Project can only proceed if those who further its objectives simultaneously: respect the cultural beliefs of indigenous peoples; publicly support the efforts of indigenous peoples to achieve respect and equality; express respect by a rigorous understanding of the meaning of equitable negotiation of consent, and ensure that both immediate and long term economic benefits from the research flow back to the groups taking part. (shrink)

Culture, livelihoods and political-economic status all influence people's perception of introduced and invasive species, shaping perspectives on what sort of management of them, if any, is warranted. Indigenous voices and values are under-represented in scholarly discourse about introduced and invasive species. This paper examines the relationship between the Xeni Gwet'in First Nation (one of six Tsilhqot'in communities) and wild or free-roaming horses in British Columbia, Canada. We outline how Xeni Gwet'in people value horses and experience management actions, contextualising (...) the controversy over wild horses amidst power imbalances in the expression of environmental values. We suggest that Indigenous voices are vital to include when evaluating impacts of controversial species and developing management strategies. (shrink)

In the article the features of the state policy on repatriation of the Crimean Tatars to their historical homeland in 1956-2014. The process of repatriation and attempt to create conditions for life in their historic homeland of the Crimean Tatars - a long and complicated process, the result of a long struggle of the Crimean Tatar people for their rights in the face of fierce discrimination on the part of the party and the Soviet leadership. Economic problems and inconsistent government (...) policies have a negative impact on many aspects of resolving the repatriation after the Soviet collapse in independent Ukraine. Repatriation of deported peoples of Crimea was made possible by the liberalization of political life in the Soviet Union after Stalin's death and condemnation in 1956 deportations policy at the Twentieth Congress of the Soviet Communist Party. However, the legal framework that was established in 1956, included the release of Crimean Tatars from special settlements residence without the right to return to Crimea, without the return of seized property. Active political actions in 1967 Crimean Tatars have provided them political rehabilitation. However, the discriminatory restrictions on returning to their historic homeland were not removed. The contents of the official of government policy towards Crimean Tatars changing only in the late 1980s. It was considered illegal and criminal repression of the peoples affected by forced deportation. To compensate for their loss of property during deportation have developed special state programs. However, spontaneous and massive return of Crimean Tatars in the early 1990s created serious social and economic difficulties. The failed coup in August 1991 and the subsequent collapse of the Soviet Union led to the denunciation of state and inter-republican agreements on implementation of joint programs of repatriation. Ukraine and Crimea were left alone with this problem. In the 1991-2014 years authorities of Ukraine are trying to solve problems of socio-economic, ethnic and humanitarian plan for the improvement and integration into Ukrainian society of the Crimean Tatars. Official conceptual approach regarding the status of the Crimean Tatars as to the object of national policy in Ukraine in 1991-2013 years was based on the recognition of ethnic group that has the same rights as other ethnic groups of Ukraine, but because of the "special reason" require additional support of the government as a guarantee of preservation and development of ethnic group. Ukraine had changed its position on this issue after the annexation of Crimea by Russia in March 2014: Crimean Tatars received the status of "indigenous people" who have the right to political self-determination in their ethnic territory as part of Ukraine. (shrink)

Much of the debate around requirements for the free, prior, and informed consent of indigenous peoples has focused on enabling indigenous communities to participate in various forms of democratic decision-making alongside the state and other actors. Against this backdrop, this article sets out to defend three claims. The first two of these claims are conceptual in nature: (i) Giving (collective) consent and participating in the making of (collective) decisions are distinct activities; (ii) Despite some scepticism, there is (...) a coherent conception of collective consent available to us, continuous with the notion of individual consent familiar from discussions in medical and sexual ethics. The third claim is normative: (iii) Participants in debates about free, prior, and informed consent must keep this distinction in view. That is because a group’s ability to give or withhold consent, and not only participate in making decisions, will play an important role in realising that collectives’ right to self-determination. (shrink)

Despite government policy and initiatives for remote areas, indigenous people are amongst the most disadvantaged and do exhibit higher levels of unemployment in the Australian community. A number of commentators have suggested that better educational opportunities for this minority group will considerably improve their socio-economic status and employment opportunities. This myth is exposed in this article, which reports evidence from an educational–vocational programme for Yolngu who are the indigenous people of East Arnhem Land in the Northern Territory (...) of Australia. The Arnhem Learning Education and Regional Training (ALERT) programme is conducted, mainly at Nhunlunbuy, in partnership with Rio Tinto Alcan and the Charles Darwin University, with the primary objective of preparing indigenous people for mainstream sustainable jobs. The presented content suggests that while higher educational status is important, this sole strategy is unlikely to comprehensively address outstanding issues that are confronting indigenous people and their labour market concerns. (shrink)

It has been known for quite a while that traditional ethical theories have very counterintuitive and paradoxical implications for questions concerning procreation and our moral duties to future generations. Classical Utilitarianism, for example, seems to imply that we have a moral duty to procreate and that we should try to have as many off-springs as possible. More disturbingly, it implies Derek Parfit’s well-known Repugnant Conclusion.

In this paper I appropriate the philosophical critique of Michel Foucault as it applies to the engagement of Western science and indigenous peoples in the context of biomedical research. The science of population genetics, specifically as pursued in the Human Genome Diversity Project, is the obvious example to illustrate the contraposition of modern science and ‘indigenous science’, the tendency to depreciate and marginalize indigenous knowledge systems, and the subsumption of indigenous moral preferences in the juridical (...) armature of international human rights law. I suggest that international bioethicists may learn from Foucault’s critique, specifically of the need for vigilance about the knowledge/power relation expressed by the contraposition of modern science and ‘indigeneity’. (shrink)

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. By this is meant that securing individuals in their human rights requires limits on the rights of their peoples, and vice versa. In contrast, the Draft UN Declaration on the Rights of Indigenous Peoples (the Draft Declaration) treats the two as not only mutually supporting but mutually necessary. In the Draft Declaration, the right of peoples to self-determination (...) is more than a principle that constrains states in their behavior towards other states and territories “outre-mer”; it also constrains states within their domestic realm. This view of self-determination reflects the experience of many indigenous groups, for whom refusal to respect the integrity of their group and failure to respect the integrity of their persons have gone hand in hand. In this chapter, I argue that the Draft Declaration’s treatment of self-determination is right: self-determination is a human right and this human right is the same right that underpins the rights of states. Treating an interest of peoples like self-determination as a constitutive element of human dignity raises practical worries about the stability of the international system, and philosophical worries about potential conflicts between individuals and peoples. But it also casts state sovereignty itself in a different light. This new light has interesting consequences both for international law and for philosophical debates about minorities within minorities. In particular, it allows one to think about questions about internal minorities as ultimately questions about legitimacy and representation. (shrink)

Resource extraction companies worldwide are involved with Indigenous peoples. Historically these interactions have been antagonistic, yet there is a growing public expectation for improved ethical performance of resource industries to engage with Indigenous peoples. (Crawley and Sinclair, Journal of Business Ethics 45, 361–373 (2003)) proposed an ethical model for human resource practices with Indigenous peoples in Australian mining companies. This paper expands on this work by re-framing the discussion within the context of sustainable development, (...) extending it to Canada, and generalizing to other resource industries. We argue that it is unethical to sacrifice the viability of Indigenous cultures for industrial resource extraction; it is ethical to engage with indigenous peoples in a manner consistent with their wishes and needs as they perceive them. We apply these ideas to a case study in the coastal temperate rainforest of Clayoquot Sound, British Columbia, Canada. In this case a scientific panel comprised of Nuu-Chah-Nulth elders, forest scientists and management professionals, achieved full consensus on developing sustainable forest practice standards by drawing equally on Indigenous traditional ecological knowledge and Western science in the context of one of the most heated and protracted environmental conflicts in Canadian history. The resulting sustainable forest practice standards were later adopted by leading forestry firms operating on the coast. Our analysis of this scientific panels success provides the basis for advancing an ethical approach to sustainable development with Indigenous peoples. This ethical approach is applicable to companies working in natural resource industries where the territories of Indigenous peoples are involved. (shrink)

Advocacy of an indigenous right to isolation in the Latin American context responds to multiple depredations, above all to plundering by extractivists. Two prominent international instruments declare a human right to indigenous self-isolation and articulate a principle of no contact between indigenous peoples and the non-indigenous majority population: Indigenous Peoples in Voluntary Isolation and Initial Contact in the Americas and Guidelines on the Protection of Indigenous Peoples. In analyzing both, I argue (...) against the notion of a human right to indigenous isolation and for limited, controlled contact between the indigenous peoples and a narrow segment of the larger society. I propose relational human rights as rights that connect people, as rights-bearers, across borders and differences. They would allow for limited outside observation for possible human rights violations within indigenous communities. I then articulate relational human rights of indigenous peoples in voluntary isolation as rights to agency, health, territory, and identity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Disturbances and Dislocations: Understanding Teaching and Learning Experiences in Indigenous Australian Women’s Music and DanceSarah H. WattsElizabeth Mackinlay. Disturbances and Dislocations: Understanding Teaching and Learning Experiences in Indigenous Australian Women’s Music and Dance (Bern: Peter Lang, 2007).Elizabeth Mackinlay, a lecturer in the Aboriginal and Torres Strait Islander Studies Unit at the University of Queensland, documents her unique pedagogical approaches and ways of thinking about the teaching (...) and learning of music and dance in her book, Disturbances and Dislocations: Understanding Teaching and Learning Experiences in Indigenous Australian Women’s Music and Dance. A university-level anthropology course dealing with the music and dance traditions of Australia’s Yanyuwa women was the setting for this “ethnographic case study” (p. 17). Through this course, Mackinlay sought to help students connect Indigenous Australian performance practices to social and political issues while fostering awareness of gender issues and learning processes within Indigenous Australian music and dance performance contexts. These objectives were met through a distinctive approach—by disposing of the strict lecture class format and bringing the field into the classroom. Disturbances and Dislocations documents the experiences of Mackinlay, her students, and several Yanyuwa women who come together as part of the course to engage in hands-on, authentic music and dance exchanges that bring the Yanyuwa women’s voices to the fore. [End Page 90]From the very beginning of the book, Mackinlay highlights her unique point of view as author of this work. She is a “white, middle class, educated woman” (p. 15) researching the experiences of and teaching university-level courses relating to Indigenous Australian and Torres Strait Islander peoples, a cultural background that is not her own. She is a political, educational, and ethnic outsider to the groups of peoples she studies. The wife of an Aboriginal man and mother to Aboriginal children, she is afforded links to the Yanyuwa people that provide her with a measure of status as a family member within the community. The dichotomy of being at once an insider and an outsider in the Yanyuwa community lends a fascinating level of complexity to Mackinlay’s exploration and analysis of the presence and impact of Yanyuwa culture-bearers in her classroom. The warmth, honesty, and openness with which she addresses her unique role in this learning exchange is engaging to the reader, and allows her personal situation to add humanity and life to the words on the page.The eight-chapter book commences with an introductory section that reflects upon her personal experiences in engaging in scholarship relating to Indigenous Australian issues. Additionally, the reader is introduced to the site of the ethnography, her classroom, in which her personal and professional lives intertwine. The next chapter further establishes the context of the ethnography by discussing a pilot project that laid foundations for the main study presented in the book. In this 1999 pilot project, a group of Mackinlay’s students, largely white women, participated in hands-on music and dance workshops under the guidance of Mackinlay and several Yanyuwa women. Student responses from this pilot project indicated that they felt awkward at times, but valued the time spent with the Yanyuwa guests and wished for more of these types of class sessions. Mackinlay determined that this cultural exchange could be even richer if more class time could be dedicated to it, an important observation for her own work, and also for others who seek to furnish cultural encounters for students.The fourth chapter delves into a theoretical discussion of the meanings of the inclusion of the study of Aboriginal and Torres Strait Islander peoples in contemporary classroom settings. Issues of political positioning, representation of Indigenous voices, identity, and “speaking from and of in-between spaces” (p. 64) as one with a foothold in both white and Indigenous worlds are all addressed, engaging the reader in Mackinaly’s own complex journey of coming to terms with her own teaching and scholarly pursuits. It is refreshing to the reader that Mackinlay acknowledges her unique viewpoint as facilitator of this course and this research study. While she is an authority in this realm, she highlights her own backgrounds and biases, her individual lens... (shrink)

Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue that (...) they are not remedial. Sovereignty rights are a necessary part of establishing perpetual peace. By failing to acknowledge the sovereignty of native groups, states once guilty of imperialism leave open the in principle possibility for future violence, even though no current conflict exists. Only in recognizing self-government rights can states truly commit to the cosmopolitan ideal. (shrink)

The article provides an overview of arts-based research within social work and general healthcare practice in Canada, and how it can be used to uncover racism within vulnerable populations, particularly youth, women, immigrants and refugees, the lesbian, gay, bisexual, transgender, queer, and intersex community, and Indigenous peoples. This is a general review of the literature. A literature search was conducted using the University of Western Ontario’s Summons database, with coverage from January 2000 to February 2019. Data exploring participant (...) experiences, personal identity, voice, and invisible powers were extracted, and analyzed using a critical race lens to examine the intersection of societal and cultural practice with race and power.Results indicate that ABR can support therapeutic recovery from oppression by enhancing self-expression of feelings and thoughts, and affording participants the agency to reclaim and reframe their personal narrative. ABR can further generate a sense of community by creating connections between participants with similar oppressions to overcome disconnection and marginalization. Within a broader community context, ABR permits the sharing of stories and insights with others, which can generate dialogue on important social issues to expose areas of social inequity and oppression alongside potential solutions for transformative social action. This dialogue can also extend to discussions with policy makers on the impact of social inequities to guide recommendations that address system gaps for broader community-level change. The paper concludes that ABR can move beyond merely reflecting on social conditions toward actively addressing them by promoting sustainable social change. The voices expressed through ABR illustrate possible solutions to overcome racism through inclusive social practice, deconstruction of the racial status quo, and movement toward an equitable distribution of power. (shrink)

This challenging book focuses on the problem of justice for indigenous peoples – in philosophical, legal, cultural and political contexts – and the ways in which this problem poses key questions for political theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonisation in these countries raise (...) common problems and questions for contemporary political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the ongoing processes of 'decolonisation' of relations between indigenous and non-indigenous peoples. (shrink)

I argue that Bartolomé de las Casas and Juan Ginés de Sepúlveda differed in their conclusions regarding the status of Indigenous persons at least partly because las Casas had significant, yet incomplete, understanding of Indigenous persons, culture and societies and Sepúlveda had mere knowledge of them. To this end, I show that the epistemic state of understanding explains why Las Casas properly concluded that Indigenous persons deserve the same moral status afforded to Europeans. And I (...) show how las Casas’ understanding of Indigenous persons, culture and societies related to what he got wrong about Indigenous persons. (shrink)

Over the last 30 years, the self-determination efforts and objectives of Indigenous peoples in Canada have increasingly been cast in the language of ‘recognition’ — recognition of cultural distinctiveness, recognition of an inherent right to self-government, recognition of state treaty obligations, and so on. In addition, the last 15 years have witnessed a proliferation of theoretical work aimed at fleshing out the ethical, legal and political significance of these types of claims. Subsequently, ‘recognition’ has now come to occupy (...) a central place in our efforts to comprehend what is at stake in contestations over identity and difference in colonial contexts more generally. In this paper, I employ Frantz Fanon's critique of Hegel's master–slave dialectic to challenge the now hegemonic assumption that the structure of domination that frames Indigenous–state relations in Canada can be undermined via a liberal politics of recognition. Against this assumption, I argue that instead of ushering in an era of peaceful coexistence grounded on the Hegelian ideal of reciprocity, the contemporary politics of recognition promises to reproduce the very configurations of colonial power that Indigenous demands for recognition have historically sought to transcend. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises (...) that upset Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

Images of Native Americans and of aspects of Native American culture are common in advertisements in the United States. Three such images can be distinguished — the Noble Savage, the Civilizable Savage and the Bloodthirsty Savage images. The aim of this paper is to argue that the use of such images is not morally acceptable because these images depend upon an underlying conception of Native Americans that denies that they are human beings. By so doing, it also denies to them (...) any moral standing and thus any claim to moral consideration and treatment. I begin by arguing that the traits which are distinctively human are fostered only within a cultural framework consisting of the accumulated knowledge and activities of a group of human beings. I then argue that savages are conceptualized as natural and cultureless beings. Furthermore, within the traditional Western conceptualization of the world mere natural objects have no moral standing. Thus, it follows that Native Americans insofar as they are also merely natural objects would have no standing or status as moral beings. The conception of Native Americans as savages undercuts the very conditions for the possibility of moral respect. I then turn to an application of these principles to some current commercial uses of images of Native Americans and other indigenous peoples. (shrink)

Biofuels development has assumed an important role in integrating Indigenous peoples and other marginalized populations in the production of biofuels for global consumption. By combining the theories of commoditization and the environmental sociology of networks and flows, the author analyzed emerging trends and possible changes in institutions and behaviors brought about by the introduction of biofuels as a development option on ancestral lands. Using the Indonesian oil palm and the Philippine Jatropha experiences, the author argues that although there (...) are efforts to integrate smallholder systems to the global integrated biofuels network, the effects of commoditization continue to undermine the more sustainable, less commoditized agricultural practices of Indigenous peoples. Indigenous peoples and their traditional agricultural practices are at risk of being either phased out from or eventually transformed by the global integrated biofuels network to accommodate large-scale, consolidated biofuel plantation systems. However, there are also indications that persistent criticisms of and enduring reforms in the global integrated biofuels network challenge the future of highly commoditized biofuels. This suggests that the coevolutionary trajectory of both highly commoditized biofuels and noncommoditized Indigenous agricultural practices remains uncertain. (shrink)

Human genomics research with indigenous peoples has often been characterised by tension between the ‘western’ science ideologies and indigenous peoples’ cultural beliefs in relation to their human genetic resources and data. This article explores this tension from the lens of the concept of indigenous peoples’ human genomic sovereignty and tests the applicability of the concept in Africa. The article achieves this by first highlighting the tension between ‘western’ science and indigenous peoples through (...) three case studies from Canada, the USA, and South Africa. It then analyses indigenous peoples’ human genomic sovereignty in the USA and Canada and compares it with the notion of indigenous peoples’ sovereignty in Africa. The article concludes by highlighting lessons that indigenous groups in Africa can draw from the USA and Canada in their quest for human genomic sovereignty. (shrink)