Resistance and Reclamation

2019 ◽  
pp. 101-112
Author(s):  
Michael J. Kral
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
The United States ◽  
The Philippines ◽  
Self Determination ◽  
Collective Agency ◽  
Land Claims ◽  
International Human Rights ◽  
Human Rights Movement ◽  
Indigenous Social Movements

After many years, and for some peoples centuries, of colonial/imperial dispossession of their lives and cultures, indigenous peoples are increasingly gaining momentum in self-determination and collective agency. A spirit is moving, however slowly but strongly, through Indigenous country. It is called indigenism, the international human rights movement for indigenous peoples. This chapter examines how indigenous peoples and Inuit are reclaiming their lives after colonialism. Self-determination and human rights are discussed, as are indigenous social movements. These movements are seen in Canada, the United States, Ecuador, the Philippines, South America, Australia, New Zealand, Norway, Sweden, and other countries. The chapter concludes with a focus on Inuit self-determination, including land claims and self-government.

scholarly journals Ibaloys “Reclaiming” Baguio: The Role of Intellectuals

Plaridel ◽  
2017 ◽  
Vol 14 (2) ◽  
pp. 49-73
Author(s):  
Jimmy Balud Fong
Keyword(s):  
Indigenous Peoples ◽  
United States Supreme Court ◽  
The United States ◽  
The Philippines ◽  
Educational Systems ◽  
Land Claims ◽  
Hill Station ◽  
National Heritage ◽  
The Government

The recognition of the United States Supreme Court of “native title” in 1909 has been recognized as a landmark decision for indigenous peoples all over the world. Also called the Cariño doctrine, the ruling honors a Baguio Ibaloy whose ancestral land would eventually be expropriated for the construction of Baguio as an American hill station, later as the Philippines’ unofficial summer capital. Fast-forward to 2014. Descendants of an Ibaloy family reclaim the land on which Casa Vallejo stands. Built in 1909, the building was originally Dormitory 4 for American soldiers. Salvador Vallejo converted it into a hotel in 1923. Persons with fond memories of the hotel claim the refurbished building is a ‘national heritage’ and should not be the subject of ancestral land claims. The year 2014 also saw the largest turnout of Ibaloys in and around Baguio for the celebration on February 23 of Ibaloi Day, at the government-designated Ibaloi Heritage Garden in Burnham Park. Products of colonial and national educational systems, Ibaloy professionals and intellectuals played key roles in the institutionalization and implementation of such activities. Despite their breakthroughs for recognition nationally through certain constitutional provisions, and internationally, are indigenous peoples now trapped in the discourse of nation?

scholarly journals Indigenous Peoples and the Jurisgenerative Moment in Human Rights

2017 ◽  
Author(s):  
Angela R. RIley ◽  
Kristen Carpenter
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Postcolonial Theory ◽  
Indigenous Rights ◽  
International Human Rights Law ◽  
Paradigm Shifts ◽  
International Human Rights ◽  
Human Rights Movement ◽  
International Human ◽  
United Nations Declaration

As indigenous peoples have become actively engaged in the human rights movement around the world, the sphere of international law, once deployed as a tool of imperial power and conquest, has begun to change shape. Increasingly, international human rights law serves as a basis for indigenous peoples’ claims against states and even influences indigenous groups’ internal processes of decolonization and revitalization. Empowered by a growing body of human rights instruments, some as embryonic as the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous peoples are embracing a global “human rights culture” to articulate rights ranging from individual freedom and equality to collective self-determination, property, and culture. Accordingly, this Essay identifies and provides an account of what we see as an unprecedented, but decidedly observable, phenomenon: the current state of indigenous peoples’ rights—manifesting in tribal, national, and international legal systems—reflects the convergence of a set of dynamic, mutually reinforcing conditions. The intersection of the rise of international human rights with paradigm shifts in postcolonial theory has, we argue, triggered a “jurisgenerative moment” in indigenous rights. Bringing indigenous norms and values to their advocacy, indigenous peoples have worked to assert their voices in, and indeed to influence, the human rights movement. Indigenous peoples are now using the laws and language of human rights, shaped by indigenous experiences, not only to engage states but also as a tool of internal reform in tribal governance. This is, in our view, a jurisgenerative moment in indigenous rights—a moment when both the concept and practice of human rights have the potential to become more capacious and reflect the ways that individuals and peoples around the globe live, and want to live, today.Published: Angela R. Riley and Kristen A. Carpenter, "Indigenous Peoples and the Jurisgenerative Moment in Human Rights," 102 California Law Review 173 (2014).

Part II Group Identity, Self-Determination, and Relations with States, Ch.7 Equality and Non-Discrimination in the UNDRIP: Articles 2, 6, and 7(1)

2018 ◽  
Author(s):  
Gover Kirsty
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Full Spectrum ◽  
International Human ◽  
United Nations Declaration

This chapter analyses the rights to equality and non-discrimination in Articles 2, 6, and 7(1). The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) covers the full spectrum of rights contained in international and regional instruments, adapted to the circumstances of indigenous peoples. Because the UNDRIP has an exceptionally wide substantive scope, debates about equality and non-discrimination were a central part of the negotiations leading to its adoption. Where provisions of the UNDRIP were thought to deviate from rights already expressed in international law, they were perceived in some states to compromise the fundamental principles of equality and non-discrimination that underpin existing human rights' instruments. In this way, the extensive discussions about equality and indigeneity that characterized the development of UNDRIP are also debates about the continuity and coherency of international human rights' law.

scholarly journals Evolving Legal Protections for Indigenous Peoples in Africa: Some Post-UNDRIP Reflections

2018 ◽  
Vol 26 (3) ◽  
pp. 339-365
Author(s):  
Derek Inman ◽  
Dorothée Cambou ◽  
Stefaan Smis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Regional Level ◽  
Self Determination ◽  
African Continent ◽  
African Context ◽  
United Nations Declaration ◽  
Human Rights Norms ◽  
The Right

Prior to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) many African states held a unified and seemingly hostile position towards the UNDRIP exemplified by the concerns outlined in the African Group's Draft Aide Memoire. In order to gain a better understanding of the protections offered to indigenous peoples on the African continent, it is necessary to examine the concerns raised in the aforementioned Draft Aide Memoire and highlight how these concerns have been addressed at the regional level, effectively changing how the human rights norms contained within the UNDRIP are seen, understood and interpreted in the African context. The purpose of this article is to do just that: to examine in particular how the issue of defining indigenous peoples has been tackled on the African continent, how the right to self-determination has unfolded for indigenous peoples in Africa and how indigenous peoples' right to free, prior and informed consent has been interpreted at the regional level.

scholarly journals Aboriginal women in Australia: from domestic workers to big politics. Part 2. Political arena

2020 ◽  
pp. 426-440
Author(s):  
N.S. Skorobogatykh ◽  
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Domestic Workers ◽  
Political Life ◽  
The Political ◽  
Main Character ◽  
Political Arena ◽  
Aboriginal Women ◽  
Human Rights Movement

In this part of the article analyzes the participation of aboriginal women in the political life of their country and their activity on the parliamentary arena. The main character is Linda Burney, whose life and work vividly embodies the main features of the modern stage in the Australian indigenous peoples’ human rights movement

Sign in / Sign up

Export Citation Format

Share Document