Indigenous Peoples and Cultural Survival

Author(s):  
Jay T. Johnson ◽  
Michael Yellow Bird
Author(s):  
Hohmann Jessie

This chapter focuses on the rights to identity, existence, and non-assimilation in Articles 7(2), 8, and 43, which together enshrine rights to the protection of indigenous peoples' continued survival and existence, both physically as individuals and as cultural entities in accordance with levels of human dignity and well-being. Indigenous peoples pressed for the inclusion of such principles in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the recognition that pre-existing international, regional, and national laws had failed to protect their survival as communities with distinct cultures, or recognise them as distinct peoples. The three provisions studied in this chapter reflect this central concern of indigenous group/cultural survival and flourishing as peoples. As such, the final agreed text of Articles 7(2), 8, and 43 must be seen as containing norms aimed at the development of existing international law, which would protect and confirm indigenous collectivities in ways not currently recognised or only now emerging.


2014 ◽  
Vol 39 (02) ◽  
pp. 334-360 ◽  
Author(s):  
Diana Bocarejo

This article examines the different legal articulations between indigenous typologies and topologies, that is, the relationship between someone classified as an indigenous subject, a grantee of minority rights, and the spatial arrangements such as reservations or ancestral territories considered necessary for indigenous “cultural survival.” I analyze how the jurisprudence of the Colombian Constitutional Court manifests and rests on the diverse combinations of these two factors. The typology/topology binary characterizes the manner in which these legal discourses portray indigeneity and culture. This binary also offers insight into a broad range of issues, including the access that indigenous peoples have to minority rights, the use of customary law, and the spatial delimitations that frame indigenous legal jurisdictions. Some of the complexities that arise from this binary are: the conceptualization of indigenous places as habitats, the idea of culture as a list of traits, and the concept of “degrees” of indigeneity that determine these peoples' access to minority rights.


2011 ◽  
Vol 9 (1-2) ◽  
pp. 241-248 ◽  
Author(s):  
The Hi‘iaka Working Group

This policy brief explores the use and expands the conversation on the ability of geospatial technologies to represent Indigenous cultural knowledge. Indigenous peoples’ use of geospatial technologies has already proven to be a critical step for protecting tribal self-determination. However, the ontological frameworks and techniques of Western geospatial technologies differ from those of Indigenous cultures, which inevitably lead to mistranslation and misrepresentation when applied to cultural knowledge. The authors advocate the creation of new technologies that are more conducive to Indigenous ontologies and epistemologies in an effort to break down the barriers to the expression and preservation of cultural heritage and cultural survival.


2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Miriam Zacharia Matinda

The UN General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007, marking the culmination of thorough negotiations, lobbying and advocacy involving indigenous peoples’ representatives as key actors. Among other rights, the UNDRIP affirms the right to self-determination for indigenous peoples. Also referred to as the right to self-determined development, the right to self-determination, as stated in the UNDRIP, encompasses indigenous communities’ rights to determine their development trajectories. To indigenous peoples, the significance of the right to self-determination includes the promotion of cultural distinctiveness, which is central to their survival as communities. However, women’s rights scholars and activists are sceptical about the emancipatory potential of realising the right to self-determination for indigenous women. In contrast, exercising this right might also entail the perpetuation of gender-based violence and other forms of discrimination, thus heightening women’s fragility and subordination among indigenous communities and beyond. Using UNDRIP and other relevant international and regional human-rights instruments as vantage points, this paper seeks to juxtapose the implementation of the right to self-determination and the realisation of indigenous women’s rights in Tanzania. The article posits that the protection of indigenous women’s rights should form the central pillar of the enjoyment of the right to self-determination. This is because the cultural survival, vitality and continuity of indigenous peoples’ distinctiveness largely hinges on respect for the rights of indigenous women.


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