Despite the United Nations Declaration of the Rights of Indigenous Peoples, assimilationist policies continue, whether official or effective. Such policies affect more than the right to group choice. The concern is whether indeed genocide or “only” ethnocide (or culturecide)—the elimination of a traditional culture—is at work. Discussions of the distinction between the two terms have been inconsistent enough that at least one commentator has declared that they cannot be used in analytical contexts. While these terms, I contend, have distinct senses, (...) yet in cases of governmental and other institutional assimilationist policy for indigenous peoples, such ethnocide effectively entails genocide. Insofar as any people’s cultural practices and beliefs are essential for life and health, individuals in groups value, if tacitly, their culture as highly as their language or any artifact: Thus, attempts to eradicate a culture through assimilation in fact eradicate individuals’ lives and health and so are effectively murderous. Acknowledgement by worldwide organizations that assimilationist ethnocide is effectively genocide should affect policy concerning indigenous peoples and thus has significance for international law. (shrink)

Contemporary notions of what constitutes tribal self government for Indigenous Peoples in the legal systems of the nation-states Canada, New Zealand and the United States of America have their origins in philosophies and theories developed by European nation-states generally, in relation to their colonial expansion into what is now called the Americas. This thesis examines the nature of these theories, and how they have formed the basis for legal precedent and public policy in the three nation-states. A representative analysis (...) of three contemporary issues will serve to illustrate the outcome of this legal/political history. I look at three sites. These are the British Columbia Treaty Process in Canada, the Waka Umanga legislation in New Zealand, and legal developments arising from the Indian Reorganization Act in the United States. Full sovereignty from an Indigenous Peoples worldview existed for Indigenous nations, and with it, self government. The notion of self government as a viable and contemporary public policy initiative is well grounded in law and history. It would seem that current initiatives to acknowledge this inherent right are more about preserving colonial hegemony rather then engaging in honest negotiation. Current initiatives are converging into a single public policy goal; namely the corporatisation of Indigenous Peoples legal personality and self governing capacity. What used to be distinct nation-state development now seems to be a four nation-state (CANZUS) unified plan being implemented on four different fronts. Clearly, from the legal history, self government is something fundamentally different from self-management. The advent of Legal Positivism has played a significant role in assumptions that inherent sovereignty and self government never existed under European legal systems. The framework of tribal self governance must be viewed in the context of the values of the specific People to be a true expression of an Indigenous Nation exercising self government. This fundamental distinction can be traced back to the legal history. The foundational laws regarding interactions with Indigenous Peoples were developed under theories of natural law. The contemporary state practice is conducted under positivist law, with a nod toward developing human rights standards. Only through continued advocacy for the legal recognition of inherent rights will the nation-states be challenged on their self management agenda. (shrink)

In 1991, the Australian Commonwealth Parliament unanimously passed the Council for Aboriginal Reconciliation Act 1991. This Act implemented a 10-year process that aimed to reconcile Indigenous and non-Indigenous people by the end of 2000. One of the highest priorities of the reconciliation process was to address Indigenous socio-economic disadvantage, including health, education and housing. However, despite this prioritising, both the Keating Government (1991–1996) and the Howard Government (1996–2000) failed to substantially improve socio-economic outcomes for Indigenous people over the reconciliation decade. (...) In this paper, I examine one of the most prominent socio-economic areas, that of Indigenous health. First, I discuss the appalling levels of Indigenous health throughout the reconciliation decade by analysing a number of health indicators, including life expectancy, infant mortality rate, standard mortality ratios, hospital rates and health Infrastructure. This analysis reveals significant and often worsening disadvantage in these health indicators. Second, I analyse a number of policies and programs concerning Indigenous socio-economic disadvantage that were developed by Commonwealth Governments in the 1990s. I argue that these policies and programs largely failed to address Indigenous socio-economic disadvantage. I also discuss alternative policies and programs that could reduce the significant levels of socio-economic disadvantage suffered by Indigenous people. (shrink)

Many aquatic invasive species (AIS) management programs are doing important work on preventing non-indigenous species movement to our wild places. Attitudes and perspectives on aquatic non-indigenous species and their management by ecologists and the public are fundamentally a question of human values. Despite eloquent philosophical writings on treatment of non-indigenous species, management agency rhetoric on ‘invasive’ species usually degenerates to a good versus evil language, often with questionable results and lost conservation dollars. We assess and learn from an established AIS (...) program. We discuss an ethic framework and operational directives to minimise the trap of a binary classification of species into bad or good, and we advocate for a principled pragmatic approach to minimise conflicts. We make a case for not labelling species and instead focusing on managing nuisance conditions and protecting ecosystem health. (shrink)

Culture is a key resource for tourism. Any destabilisation of a local culture makes a destination less attractive for visitors. It is therefore in the interest of tour providers to protect and re-stabilise culture. There is great need for such efforts with regard to indigenous cultures, which are endangered worldwide. In this chapter, it is being elaborated why tourism needs to employ policies that ensure the maintenance of indigenous cultures. In their idiosyn-cratic physical appearance, which, in tropical areas, is often (...) unclothed, indigenous persons would have a slim chance to be acknowledged as citizens. This situation contrasts sharply with some basic claims of the global culture. (shrink)

Indigenous language bilingual schooling, introduced in Australia's Northern Territory (NT) in 1973, was a reality for over twenty-five schools at the program's height. Today, the language-of-instruction in these same settings is English only, with only 7 state schools operating bilingual programs. Overt Government hostility began with an attempt to defund Indigenous bilingual education in 1998-99. This paper argues that the discursive techniques used to justify these cuts were crucial to developing key themes in ‘mainstreaming discourses’ in Indigenous politics, which has (...) rehabilitated assimilationist thinking in a neoliberal context through the 2000s and since. Using a discourse-historical method, this paper elucidates how mainstreaming discourses were constructed against bilingual education in the 1998–99 debate, and how they emphasized English-only education geared towards neoliberal assimilation for remote Indigenous communities. Indigenous bilingual education was conceived as part of ‘failed’ self-determination in remote Australia. This paper enhances understanding of the patterns and themes of mainstreaming discourses by tracing their genealogical development in this debate. (shrink)

Indigenous environmental movements have been important actors in twentieth- and twenty-first-century global environmental politics and environmental justice. Their explicit foci range from the protection of indigenous environmental stewardship systems to upholding and expanding treaty responsibilities to securing indigenous rights in law and policy. This chapter suggests that these movements open important intellectual spaces for thinking about the function of environmental governance institutions in addressing complex environmental issues such as clean water and forest conservation. Different from institutional functions based on (...) market mechanisms or appeals to human psychological tendencies, a variety of indigenous environmentalists suggest that institutions should function to convene reciprocal responsibilities across relatives as diverse as humans, non-human beings such as plants, entities such as water, and collectives such as forests. (shrink)

Indigenous peoples are referenced at various times in communication, debates, and academic and policy discussions on geoengineering. The discourses I have in mind f...

Indigenous Sustainable Wisdom: First Nation Know-How for Global Flourishing’s contributors describe ways of being that reflect a worldview that has guided humanity for 99% of human history; they describe the practical traditional wisdom stemming from Nature-based relational cultures that were or are guided by this worldview. Such cultures did not cause the kinds of anti-Nature and de-humanizing or inequitable policies and practices that now pervade our world. Far from romanticizing Indigenous histories, Indigenous Sustainable Wisdom offers facts about how human beings, (...) with our potential for good and evil behaviors, can live in relative harmony again. Contributions cover views from anthropology, psychology, sociology, leadership, native science, native history, native art. (shrink)

This article argues that thinking about entrepreneurship as a potential instrument for relief from endemic poverty and disadvantage, especially among the Indigenous, has all too often been captive to a concept of entrepreneurship that is built out of constrained economic and cultural assumptions. The authors develop this argument from a critical discussion of contributions by Karl Polanyi and Robert Heilbroner. The result is that approaches to venture have been encouraged that are sometimes a poor fit for the circumstances of those (...) they are meant to benefit, and other forms that could have considerable promise have gone unexplored. This article outlines some features of Indigenous culture and build on the analysis of David Harper to construct an improved notion of entrepreneurship that allows for these distinctive features. The article concludes that research and policy making concerning entrepreneurship as an instrument of development among the Indigenous need to be undertaken with this reconstructed understanding of entrepreneurship that is a better fit for the realities of Indigenous culture. (shrink)

This article explores the recurrent global claim by indigenous peoples for their spiritual concerns to be taken seriously and given appropriate effect in public policy. The secular liberal state's commitment to ideals of religious neutrality and equal treatment of all faiths and none is clearly tested to the degree it privileges traditional indigenous religion in the name of fostering indigenous culture. This dilemma has been acutely raised in New Zealand where Maori metaphysical concerns—the appeasement of taniwha (spiritual monsters) and (...) the evils of mingling the mauri (life-force) of human and non-human species in genetic engineering—have been subjected to judicial scrutiny. Quite apart from issues of justiciability, the legal acknowledgment of indigenous spirituality raises questions about the continued secularity of the state. This essay traverses the varying responses to indigenous spirituality, especially criticisms that such recognition constitutes government countenancing of primitive superstition, a fostering of paganism or naked religious favouritism. (shrink)

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications (...) for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case. -/- While much of the focus is on bioprospecting and natural product development, Indigenous Peoples, Consent and Benefit-Sharing also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. -/- ‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University . (shrink)

David Hollenbach, working within the context of human rights theory, has developed the notion of "indigenous pluralism" as a means of coping with the problems that arise when different religious traditions hold distinct or incompatible interpretations of human rights. It will be argued that indigenous pluralism is a theoretically and practically useful concept for bioethics as well and hence should be incorporated into bioethical methodology and processes of bioethical policy formation. Subsequently, the notion of indigenous pluralism will be discussed (...) in relation to determinations of death as a means of illustrating this concept's applicability to bioethical inquiry. (shrink)

This article proposes a multidisciplinary alternative framework to the classical model of the diffusion of innovations, to analyze the potential uses of microcomputers for development. The emphasis on the indigenous knowledge systems translates a paradigm shift in the analysis of technology transfer. This shift requires the integration of the user’s knowledge as the condition of the adoption of the innovation. Expert systems based on indigenous knowledge can help make this shift possible if they are used to understand the cognitive processes (...) of the indigenous knowledge, rather than to mimic their performance. (shrink)

Herbert, Michael Indigenous health is everybody's responsibility. This is true from the national policy level, to state governments and clinics on the ground. Whichever way a particular health issue is approached, and new perspectives are certainly needed, the bottom line is that the determinants of health always reflect back to the living conditions, education, past injustices, and socioeconomic circumstances of the Aboriginal population.

Considerable attention has focussed on the potential of indigenous agricultural knowledge for sustainable development. Drawing upon fieldwork on the soil and water management principles of rice farming systems in Senegambia, this paper examines the potential of the traditional system for a sustainable food security strategy. Problems with pumpirrigation are reviewed as well as previous efforts in swamp rice development. It is argued that sustainability depends on more than ecological factors and in particular, requires sensitivity to socio-economic parameters such as the (...) labor demands of the food security strategy, the sexual division of labor, and food pricing policies. (shrink)

Research ethics regulation in parts of the Global North has sometimes been initiated in the face of biomedical scandal. More recently, developing and recently developed countries have had additional reasons to regulate, doing so to attract international clinical trials and American research funding, publish in international journals, or to respond to broader social changes. In Taiwan, biomedical research ethics policy based on ‘principlism’ and committee- based review were imported from the United States. Professionalisation of research ethics displaced other longer-standing (...) ways of conceiving ethics connected with Taiwanese cultural traditions. Subsequently, the model and its discursive practices were extended to other disciplines. Regulation was also shaped by decolonizing dis- courses associated with asserting Indigenous peoples’ rights. Locating research ethics regulation within the language and practices of public policy formation and transfer as well as decolonization, allows analysis to move be- yond the self-referential and attend to the social, economic and political context within which regulation operates. 研究倫理規範甚至法制化的濫觴,過去在有些北美國家是為了回應其國內發生的醫學研究倫 理醜聞。但近年來,無論是發展中或已開發國家,往往是為了爭取國際醫學臨床試驗計畫能在 其國內執行、爭取美國相關研究經費、能在英語的國際期刊發表文章、或是因應國內相關社會變化。 以台灣來說,基於「原則主義」的醫學領域之研究倫理政策及規範,以及在研究機構內成立 委員會專責倫理審查的運作模式,可說完全移植自美國。這種運作模式及研究倫理的專業化, 不但逐漸取代過去已融合台灣文化的研究倫理觀쳀,且在這種運作模式下的倫理論述及實作, 更從醫學領域擴展至其他研究領域。在此同時,台灣的研究倫理規範之發展,也受到台灣原住 民族的去殖民化及群體權主張等影響。. (shrink)

Bio‐banking in research elicits numerous ethical issues related to informed consent, privacy and identifiability of samples, return of results, incidental findings, international data exchange, ownership of samples, and benefit sharing etc. In low and middle income (LMICs) countries the challenge of inadequate guidelines and regulations on the proper conduct of research compounds the ethical issues. In addition, failure to pay attention to underlying indigenous worldviews that ought to inform issues, practices and policies in Africa may exacerbate the situation. In this (...) paper we discuss how the African context presents unique and outstanding cultural thought systems regarding the human body and biological materials that can be put into perspective in bio‐bank research. We give the example of African ontology of nature presented by John Samwel Mbiti as foundational in adding value to the discourse about enhancing relevance of bio‐bank research in the African context. We underline that cultural rites of passage performed on the human body in majority of communities in Africa elicit quintessential perspective on beliefs about handling of human body and human biological tissues. We conclude that acknowledgement and inclusion of African indigenous worldviews regarding the human body is essential in influencing best practices in biobank research in Africa. (shrink)

A history of colonization inflicts psychological, physical, and structural disadvantages that endure across generations. For an increasing number of Indigenous Australians, environmental epigenetics offers an important explanatory framework that links the social past with the biological present, providing a culturally relevant way of understanding the various intergenerational effects of historical trauma. In this paper, we critically examine the strategic uptake of environmental epigenetics by Indigenous researchers and policy advocates. We focus on the relationship between epigenetic processes and Indigenous views (...) of Country and health—views that locate health not in individual bodies but within relational contexts of Indigenous ontologies that embody interconnected environments of kin/animals/matter/bodies across time and space. This drawing together of Indigenous experience and epigenetic knowledge has strengthened calls for action including state-supported calls for financial reparations. We examine the consequences of this reimagining of disease responsibility in the context of “strategic biological essentialism,” a distinct form of biopolitics that, in this case, incorporates environmental determinism. We conclude that the shaping of the right to protection from biosocial injury is potentially empowering but also has the capacity to conceal forms of governance through claimants’ identification as “damaged,” thus furthering State justification of biopolitical intervention in Indigenous lives. (shrink)

Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.

Despite challenges for U.S.-Mexico border Indigenous activists in their efforts to counter dominant discourses about both border policy and Native rights, Indigenous activists assert their rights as they advocate for public policies and actions that affirm and protect these rights. This article explores some of the discursive strategies used by Indigenous activists to index Indigenous identities and lifeways and to counter mainstream conceptualizations of Native identity and Indigenous rights on the U.S.-Mexico border. Through such semiotic strategies, Indigenous border activists (...) create indigenized and legitimized political spaces for the assertion of their beliefs. Indigenous border activists achieve this through metasemiotic constructs that draw from stereotypes about Native people and their use of language as well as through the active mobilization of schemas for conceptualizing both Native American experiences and the U.S.-Mexico border. (shrink)

The controversy over the possibility of an indigenous Latin American Philosophy might be understood as dealing with an older question about the nature of philosophy itself: Is the nature of philosophy purely speculative, practical, or both? For the sake of argument, I am using the term “Latin American Philosophy” in a normative sense as referring to social and political philosophy written by Latin Americans to change oppressive conditions and policies affecting their societies. I am assuming that liberation philosophers fall under (...) the above description. Unlike liberationists, I argue that universalist philosophers can present illuminating and hence persuasive arguments for their position. Of course, liberationists might argue that I am begging the question. But if they could successfully demonstrate that I am doing so, they would be compelled to appeal to at least some nonarbitrary principle of adjudication. If they were to do so, they would be supporting rather than undermining my argument in favor of a universalist conception of philosophy. (shrink)

Brazil is a geographically large country with a significant indigenous population. Although these tribes strive to maintain their traditional way of life, they have undergone cultural changes over time due to interactions with the modern world. In recent years, especially in the Amazon rainforest, indigenous tribes have been forced to contend with deforestation and environmental threats. Consequently, preserving indigenous peoples and their cultural heritage has become an urgent task in the context of our multicultural world. The Amazon rainforest is crucial (...) for global biodiversity. However, under former President Jair Bolsonaro, deforestation accelerated, leading to the destruction of natural habitats for indigenous peoples and complicating efforts to combat climate change. As a result, Brazil’s indigenous peoples faced serious threats to their land rights, cultural heritage, and shared habitat during his administration. Attacks on indigenous lands caused not only physical damage but also cultural and linguistic harm. Local communities struggled to maintain their traditional way of life and pass on their language and culture to future generations. Environmental groups, human rights activists, and other countries criticized Brazil’s policies and practices on this issue, demanding change. The article highlights the main reasons behind the threats faced by the local population during J. Bolsonaro's presidency. To preserve their existence, solutions such as raising public awareness within civil society, securing national and international support, revitalizing the economy, monitoring to stop encroachment on local lands, and further strengthening environmental protection were considered. (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)

Finland is currently undergoing a fundamental structural transformation in the forestry sector, with factories closing in the Global North and production being shifted to the Global South (see also Carrere & Lohmann 1996; Cossalter & Pye-Smith 2003). This is accompanied by Finnish mass movements protesting unemployment and demanding corporate social responsibility (CSR) from theforest industry. The difficult domestic situation, however, seems to overshadow the circumstances of the new production regions in the South. What do we actually know about the impacts (...) of the Finnish forestry sector in those societies? The branches of global forest companies may be located in regions that are experiencing various societal conflicts – like in the case of indigenous communities in northeastern Brazil, where the question of land ownership remains unsolved. The aim of our paper is to bring out the perspective of these traditional communities and the legitimacy problems of the Finnish forest industry in Brazil. We also scrutinize the corporate tactics by which companies seek to gain societal acceptability in the region. These range from social programs and campaigns to violent confrontations, even to attempts to deconstruct the identities of indigenous communities. Our general argument is that while companies have outlined their CSR policies in theory, the situation in actual practice is quite different. Companies often fail to take into account the prevailing socioeconomic conditions in the region and some of the more marginal stakeholders like indigenous peoples, who obviously have no economic importance to the company. (shrink)

The Peoples of the Arctic and Arctic health and sustainability are highly interconnected and essentially one and the same. An appropriate path to a sustainable Arctic involves a shift away from individual learning and achieving toward community leadership and the betterment of society. This article draws upon mindset theory from Western psychology and Indigenous relational accountability to propose and outline a model for achieving sustainability in the Arctic. The geographic focus is the North American Arctic. The principles of the argument (...) and the foundations of the model may apply across the Circumpolar North. The paper is a call to action for social scientists and policy makers in the Arctic to implement an Indigenous-led and self-determined social science. Empowering and supporting Indigenous leaders and scholars to direct and conduct autonomous social science research would inherently produce well-being and sustainability for Indigenous communities and regions. The arguments are supported by an inductive analysis of peer-reviewed literature, and the model is organized and illustrated using a schematic of concentric circles. The foundational elements of the model include: Indigenous sovereignty, Indigenous ontology, Indigenous models of sustainability, and Indigenous scholarship. Environmental scientists, resource managers, and policy makers are directed to better understand, accept, and support Indigenous science as a comprehensive and valid knowledge system; change how they use key terminology in research; rethink research roles; and amend processes and timelines for research development and funding. To achieve the desired outcomes for community well-being and Arctic sustainability, Arctic social scientists should seriously consider centering Indigenous science, especially in Indigenous communities. (shrink)

In colonial societies such as Canada the implications of colonialism and ethnocide (or cultural genocide) for ethical decision‐making are ill‐understood yet have profound implications in health ethics and other spheres. They combine to shape racism in health care in ways, sometimes obvious, more often subtle, that are inadequately understood and often wholly unnoticed. Along with overt experiences of interpersonal racism, Indigenous people with health care needs are confronted by systemic racism in the shaping of institutional structures, hospital policies and in (...) resource allocation decisions. Above all, racism is a function of state law – of the unilateral imposition of the settler society law on Indigenous communities. Indeed, the laws, including health laws, are social determinants of the ill‐health of Indigenous peoples. This article describes the problem of Indigenous ethnocide and explores its ethical implications. It thereby problematizes the role of law in health ethics. (shrink)

This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release of such (...) organisms. To address those challenges, it is proposed that nations considering the environmental release of GE animals must take into account the underlying circumstances and policy failures that motivate arguments for the use of the modified animals. Moreover, countries must recognize that the UN International Covenant on Civil and Political Rights and the UN International Covenant on Economic, Social and Cultural Rights place on them an obligation to ensure that GE animals with patented heritable traits are not released without the substantive consent of the nations or indigenous peoples that could be affected. (shrink)

Natural resource management agencies in the United States have a legal responsibility to represent Indigenous Peoples and federally recognized Tribes in environmental stewardship. This comment article is a call to action that argues for genuine representation of Tribes and other Indigenous Peoples through adherence to existing, formal consultation policies and coproduction of knowledge. Agencies must recognize and respect the differences between public involvement and government-to-government consultation with federally-recognized Tribes. Sovereign tribal nations are not the public and have a unique relationship (...) with federal agencies based in the federal trust responsibility. Coproduction of knowledge is an emerging enterprise that has potential for meaningfully engaging and genuinely and equitably representing Indigenous Peoples and Tribes and should be codeveloped and implemented as policy. Agencies should build capacity to properly represent tribal nations in decisions. Agency employees and Indigenous Peoples must spend more time together to increase cultural awareness and build meaningful relationships to facilitate genuine consultation and coproduction of knowledge. (shrink)

In 1914, Francis E. Leupp, former commissioner of the Bureau of Indian Affairs, presented an answer to the so-called Indian Problem that some have called pluralist. This paper examines the development of Leupp’s pluralism as part of the policies and practices of the genocide of American Indians as it was carried out in the years following the US Civil War. Rather than being a singular event in the history of US-Indian relations, I argue that Leupp’s pluralism is part of the (...) settler colonial system that persists and finds present expression in contemporary liberal pluralism. I consider two examples of recent pluralist theory, those of Charles Taylor and William Galston. I conclude by arguing that what both forms of pluralism—Leupp’s and recent liberal varieties—have in common is a conception of agency that rejects the American Indian conception and conserves structural genocide as a central part of present-day society. (shrink)

The two major schools of thought in Indigenous−settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self- determination and cultural renewal. Reconciliation refers to practices of reconciliation between Indigenous and settler nations as well as efforts to strengthen the relationship between Indigenous and settler peoples with the living earth and making that relationship the basis for both resurgence and Indigenous−settler reconciliation. -/- Critically and constructively (...) analyzing these two schools from a variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is a truly multidisciplinary work, blending law, political science, political economy, women’s studies, history, anthropology, ecology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. -/- By using “earth teachings” to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world’s most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate. (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)

: This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of "tribalism," regarding the language and laws of U. S. colonialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U.S. government, which includes the state as well as federal level. The paper proceeds (...) to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as "indigenous kinship" in traditional communalism; today, these Native American societies are called "tribal nations" in contrast to the Supreme Court Marshall Decision (The Cherokee Cases, 1831-1882) which labeled them "domestic dependent nations." This history up to the present state of affairs as it affects Native American women is contextualized as "patriarchal colonialism"and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a "trickle down patriarchy" that marks male dominance in tribal politics. A final statement calls for "Native Womanism" in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

This paper examines the normative justification for special rights for Indigenous peoples whose traditional territories straddle contemporary international borders. Examining the Mohawks of Akwesasne (Quebec, Ontario, and New York state) and the Tohono O’odham (Arizona and Sonora, Mexico) as cases, I demonstrate how state claims to territorial jurisdiction and border regulation often interfere with the lives of Indigenous people whose social, cultural, economic, spiritual and political practices and relationships cluster across contemporary international boundaries. Through the concept of group occupancy interests, (...) I argue that members of Indigenous nations whose territories straddle borders possess special rights to access and use lands presently claimed by states of which they are not recognized citizens. Moreover, I demonstrate how border-straddling Indigenous nations challenge the unlimited sovereignty of contemporary states with respect to border policy: the occupancy and self-determination interests of Indigenous peoples may ground the moral rights of their communities to co-manage international border crossings with states. Finally, I argue that collective interests in cross-border political identities and self-determination can ground the rights of Indigenous peoples to form unified cross-border jurisdictional units that demand recognition by states, alongside the rights of Indigenous peoples to regulate group membership. (shrink)

Epidemiology for and by Indigenous peoples uses quantitative and statistical methods to better document Indigenous health concerns, and is oriented around providing data for use in advocacy to promote Indigenous health equity. This advocacy-oriented, technoscientific work bridges the often distinct social worlds of Indigenous communities, professional public health research, and public policy-making. Using examples from a multisited ethnographic study in three settings, this paper examines the forms of expertise that researcher/practitioners enact as they conduct research that simultaneously harnesses epidemiology’s (...) persuasive power in social worlds like public health and public policy, while also critically challenging legacies of colonialist erasures and misrepresentations of Indigenous health in population statistics. By demonstrating how these continual translations across multiple social worlds enact expertise, this analysis offers a new integration of discussions about both coloniality and expertise within science and technology studies. By focusing on the experiences of technoscientific professionals themselves, this study’s findings also pose new questions for broader STS conversations about how activism is shaping the production of knowledge about health in the twenty-first century. (shrink)

Deliberative scholars have suggested that citizens should be able to exchange arguments in public forums. A key element in this exchange is the rational mode of communication, which means speaking through objective argumentation. However, some feminists argue that this mode of communication may create or intensify epistemic injustices. Furthermore, we should not assume that everyone is equally equipped to take part in deliberation. Certain groups, such as Indigenous peoples, for instance, who may not be versed in rational forms of argumentation, (...) may not be listened to or involved sufficiently in the deliberative process. Therefore, it seems we need an alternative mode of communication, such as storytelling, which is a first-person or collective narrative. Given this, how should we pursue this goal? This article aims to answer this question by analysing a local conflict involving an Indigenous tribe and a neighbouring community in Brazil and exploring the underlying testimonial and hermeneutical injustices. I argue that storytelling has an important normative and institutional role in public deliberation and show that its applied version could overcome epistemic injustices and lead to better public policies. (shrink)

Ethics, Policy & Environment, Volume 15, Issue 2, Page 172-187, June 2012.

This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of "tribalism," regarding the language and laws of U. S. colonialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U. S. government, which includes the state as well as federal level. The paper proceeds (...) to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as "indigenous kinship" in traditional communalism; today, these Native American societies are called "tribal nations" in contrast to the Supreme Court Marshall Decision which labeled them "domestic dependent nations." This history up to the present state of affairs as it affects Native American women is contextualized as "patriarchal colonialism" and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a "trickle down patriarchy" that marks male dominance in tribal politics. A final statement calls for "Native Womanism" in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

Abstract In 1995, the constitution of the Mexican state of Oaxaca was reformed to recognise indigenous usages and customs for the election of municipal governments. This recognition is problematic from a normative perspective, as women, new?comers and dwellers in municipal sub?units are disenfranchised in a good number of indigenous municipalities of the state. Nevertheless, this article argues against a summary assessment of the (presumably illiberal) consequences of this recognition policy. Following James Tully, it advocates an intercultural, dialogical and inclusive (...) procedure to tackle the perils of the politics of recognition in Oaxaca and Mexico. However, this procedure?based approach raises problems of its own related to the issues of representation and intra?communal divisions. As a result, the ultimate role of substantive commitments, in particular to individual rights, needs to be recognised. Despite these shortcomings, though, an approach based on an intercultural, dialogical and inclusive conflict?solving procedure is the best option to deliver more just answers to indigenous demands for recognition. (shrink)

In this essay Troy Richardson works to develop a conceptual framework and set of terms by which a diplomatic reception of different forms of law can be developed in multicultural education. Taking up the trope of the door in multiculturalist discourse as a site in which a welcoming of the difference of others is organized, Richardson interrogates the complex nature of receptivity to Indigenous customary law, in particular. He argues that, within this trope, a metonymic structure operates in relation to (...) the deployment of “policy” that maintains a perspective of customary law as premodern and primitive. This structure leads to an impoverished set of terms and a lack of diplomacy toward difference. Richardson proceeds by considering the notion of extraterritoriality and the metonyms that organize Emmanuel Levinas's discourse of “doors” in conceptualizing a welcoming receptivity. The term “extraterritoriality” anticipates the law of the other as it approaches the door and implies a diplomatic moment of reception of such difference. Richardson concludes by highlighting Jacques Derrida's evaluation of Levinas's discourse of receptivity and by considering the possibilities for a diplomatic engagement with the laws of others toward a mutation in the current geopolitical moment. (shrink)

In 1996, the National Association of Salvadoran Indians participated in a UN-sponsored conference on the development of forest resources. Their involvement in the conference highlighted the growing international presence of Salvadoran indigenous organizations. Unfortunately, there is also very limited information available on these groups. As some have commented:The Salvadoran Indians … are an invisible or ghostly presence in the country: cautious in their public presence as an ethnic community, officially non-existent—yet still recognised by neighbours, local municipal governments and, most importantly, (...) by themselves as indios.As the country becomes more accessible to researchers and as indigenous Salvadorans gain a stronger foothold in the international forum, it is very likely indigneous peoples will emerge from the historical shadows to forcefully claim their rights as distinct members of Salvadoran society. The obstacles they face are not inconsequential. State opposition to indigenous organizations is strong and popular perceptions are often harder to dislodge than state policies. The widespread support gained by organizations like ANIS during the civil war proves that there is sympathy for indigenous rights. It remains to be seen to what extent ANIS and other organizations can use this support, and that of indigenous allies around the world, to promote the goals and aspirations of indigenous Salvadorans. While the issue of indigenous rights has long been discussed in other countries, it is only beginning to be addressed in El Salvador. (shrink)

From the time of British colonial settlement, innumerable taonga (treasures) have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko ( Māori tattoo). This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, so (...) as to tease out the conflicts between intellectual property (IP, specifically copyright) laws and norms on one hand, and international frameworks for human and cultural rights on the other. It examines the implications of the case for tā moko as an indigenous artistic tradition, and the tension between human/artistic and cultural rights, before discussing potential remedial strategies, drawing on the findings of the Wai 262 (Waitangi Tribunal) report into claims concerning New Zealand law and policy affecting Māori culture and identity. Theoretically, it employs Manuel DeLanda’s assemblage theory as a framework for analysis, the benefit of DeLanda’s work being that it provides a novel approach circumventing the usual ontological terms of intellectual property laws and norms, which tend towards a kind of methodological individualism or micro-reductionism. (shrink)

This syllabus engages dialogue about indigenous philosophical ideas and issues that frame contemporary global indigenous thought, perspective, and worldview. We explore how presuppositions of indigenous philosophy, including epistemology (how/what we know), metaphysics (what is), science (stories), and ethics (practices), affect global research programs, intellectual cultural property, economic policies, ecology, biodiversity, taxonomy, health, housing, food, employment, economic sustainability, peace negotiations, climate justice, human/treaty rights, colonial law, refugees and incarceration, self-determination, sovereignty, nation building, and digital information. Readings provide an understanding of traditional (...) and contemporary indigenous philosophical frameworks of interpretation, developments of the 1994-2004 United Nations Decade of Indigenous Peoples, the UN Permanent Forum of Indigenous Peoples, and the recent Indigenous Conference in Cancun (philosophical importance of the World Trade Organization [WTO], the World Bank [WB], the International Monetary Fund [IMF], and NAFTA). (shrink)

Communities, scientists, policy-makers and industries are requiring farmers to address environmental and wellbeing challenges in their on-farm management, transitioning away from a productivity dominated focus towards a multi-faceted system focus that includes environmental and social values. This paper analyses how Miraka Ltd., an Aotearoa-New Zealand indigenous owned and operated milk company, has taken on the role of institutional entrepreneur to enable and support change towards a multi-faceted system amongst its supply farmers. Observations and interviews were carried out to: (i) (...) identify farmers’ changes in practices, beliefs and values over the last ten years; and (ii) identify how Miraka functions as an indigenous entrepreneur in the agricultural sector. Findings show that interviewees were initially guided by business and family-oriented values, beliefs and practices, but in response to the institutional entrepreneurship by Miraka, approximately half of the interviewees changed these values, beliefs and practices, by internalising people and environmental values. The main strategies employed by Miraka were mobilisation of material resources such as incentives and awards, creation of a rationale addressing environmental and social concerns in the dairy sector, and proactive connection with new actors. The research shows an indigenous owned small-medium enterprise can make changes in values, beliefs and practices amongst its supply farmers, but requires a stronger shared base of values to contribute to a wider economic change. The discussion connects these findings to wider literature on diverse economies and indigenous entrepreneurship to identify to what extent an indigenous small-medium enterprise can contribute to a system change. (shrink)

The Truth and Reconciliation Commission of Canada made it clear that understanding the historical, social, cultural, and political landscape that shapes the relationships between Indigenous peoples and social institutions, including the health care system, is crucial to achieving social justice. How to translate this recognition into more equitable health policy and practice remains a challenge. In particular, there is limited understanding of ways to respond to situations in which conventional practices mandated by the state and regulated by its legal (...) apparatus come into direct conflict with the values and autonomy of Indigenous individuals, communities, and nations. In this paper, we consider two cases of conflict between Indigenous and biomedical perspectives to clarify some of the competing values. We argue for the importance of person‐ and people‐centered approaches to health care. These value conflicts must be understood at multiple levels to clarify their personal, social, cultural, and political dimensions. Taking into account the divergence between epistemic cultures and communities allows us to understand the multiple narratives deployed in decision‐making processes in clinical, community, and juridical contexts. Recognizing the knowledge claims of Indigenous peoples in health care can help clinicians avoid reinforcing the divides created by the structural and institutional legacy of colonialism. This analysis also provides ways to adjudicate conflicts in health care decision‐making by disentangling cultural, political, medical, and pragmatic issues to allow for respectful dialogue. Insofar as the engagement with cultural pluralism in health care rights is conducted with reciprocal recognition, the medical community and Indigenous peoples can address together the difficult question of how to integrate different epistemic cultures in the health care system. (shrink)

Over the past few years, intercultural health has become an emerging issue in health policy. Intercultural health is an approach in health that aims at reducing the gap between indigenous and western health systems, on the basis of mutual respect and equal recognition of these knowledge systems. This article questions the applicability of such a concept in the context of Chile. Here, conflicting interests between the Mapuche and the Chilean state are related to aspects of economic development, modernity processes, (...) integration, intercultural relations, and indigenous rights and are deeply reflected also in projects for an intercultural health system. By analysing the experience of the intercultural practice of Makewe Hospital, this article argues that effective and equitable intercultural health practices will not take place unless there will be an integral valorisation of the Mapuche culture from a broader perspective. (shrink)

Unlike mainstream Western ethics, African environmental ethics has recognized the inter­connectedness and interdependence of all beings and the more-than-human world. To be an object of moral concern, rationality, intelligence, and language are not required, although different beings have different mental capacities and roles. The unity of the whole estab­lishes an ethical obligation for human beings toward nature. Africa has different cultures that have helped to shape positive moral attitudes toward the natural environment and its human and nonhuman components. Although African (...) environmental ethics is increasingly being marginalized by educational establishments and policy makers in Africa, it has the potential to contribute to human well-being and environmental sustainability. However, it is not a panacea for all global environmental challenges, as it has its own limitations and needs improvement. The solution of environmental problems requires multidisciplinary approaches and the cooperation of all nations. African and other concerned scholars should critically study African environmental ethics and identify its positive elements that can en­able humanity to save Mother Earth and its inhabitants. (shrink)