Enhancing the Participation of Indigenous Peoples at the Intergovernmental Level to Strengthen Self-Determination: Lessons from the Arctic

2018 ◽  
Vol 87 (1) ◽  
pp. 26-55
Author(s):  
Dorothée Cambou
Keyword(s):  
Decision Making ◽  
Indigenous Peoples ◽  
State Level ◽  
The State ◽  
Regional Level ◽  
Self Determination ◽  
The Arctic ◽  
Policy Goal ◽  
The Future ◽  
The Right

With a focus on the right of indigenous peoples to self-determination, and an eye on Arctic practices, this article analyses the right of indigenous peoples to self-determination and its exercise at the intergovernmental level. While the exercise of self-determination necessarily implies the right of indigenous peoples to autonomy in their internal and local matters and their involvement in decision-making at the state level, this article argues that self-determination additionally includes the right of indigenous peoples to be represented and to participate in the international arena: the intergovernmental aspect of self-determination. Although this analysis determines that it is yet too early to indicate the existence of a fully-fledged right, this article also evidences that there is a new policy goal at the un level, accompanied by practices at the arctic regional level, which could support the emergence of such a right in the future.

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 ARKTISKE FOLK SOM STATISTER OG AKTØRER PÅ DEN GLOBALE SCENE

1996 ◽  
Author(s):  
Frank Sejersen
Keyword(s):  
Indigenous Peoples ◽  
Daily Life ◽  
Self Determination ◽  
The Arctic ◽  
Extreme Pressure ◽  
Political Work ◽  
The World ◽  
Cultural Processes ◽  
Arctic Communities ◽  
The Right

Frank Sejersen: Arctic people as by-standers and actors at the global stage For centuries, the indigenous peoples of the Arctic have been perceived as isolated from the rest of the world. The article argues that secluded Arctic communities do not exist and that Arctic peoples are integrated into numerous political, cultural and economic relations of a global extent. The pre-colonial inter-continental trade between Siberia and Alaska and the increased militarization the whole circumpolar region are but two examples. Throughout history, indigenous peoples of the Arctic have been players on the global stage. Today, this position has been strengthened because political work on this stage is imperative in order to secure the welfare and possibilities of local Arctic communities. To mention an example, Arctic peoples’ hunting activities have been under extreme pressure from the anti-harvesting movement. The anti-harvesting organizations run campaigns to ban hunting and stop the trade with products from whales, seals and furbearing animals. Thus, political and cultural processes far from the homeland of Arctic peoples, have consequences for the daily life of many Arctic families. The global stage has become an important comerstone in indigenous peoples’ strive to gain more control over their own future. The right to trade, development and self-determination are some of the rights they claim.

From Individual to Collective Consent: The Case of Indigenous Peoples and undrip

2019 ◽  
Vol 27 (2) ◽  
pp. 251-269
Author(s):  
Richard Healey
Keyword(s):  
Decision Making ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The State ◽  
Self Determination ◽  
Sexual Ethics ◽  
The Third ◽  
Collective Decisions

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.

The Right to Self-Determination under the Ethiopian Constitution: A Legal Tool for Indigenous Peoples’ Protection against Land Alienation?

2019 ◽  
Vol 63 (3) ◽  
pp. 359-383
Author(s):  
Tilahun Weldie Hindeya
Keyword(s):  
Decision Making ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Self Determination ◽  
Land Resources ◽  
Discretionary Power ◽  
The People ◽  
Constitutional Right ◽  
The Government ◽  
The Right

AbstractSince 2008 the Ethiopian government has allocated vast tracts of land, particularly in the Gambella and Benishangul-Gumuz regions, to agricultural commercial actors with little or no participation from indigenous communities. The marginalization of indigenous peoples in this process primarily emerges from the government's very wide legislative discretionary power regarding decision-making in the exploitation of land. The government has invoked constitutional clauses relating to land ownership and its power to deploy land resources for the “common benefit” of the people, to assert the consistency of this discretionary power with the Ethiopian Constitution. This article posits that the legislative and practical measures taken by the government that marginalize these indigenous peoples in decisions affecting the utilization of land resources are incompatible with their constitutional right to self-determination. Further, it posits that the government's use of the constitution to justify its wide discretionary power in the decision-making process relating to land exploitation is based on a misreading of the constitution.

Arctic indigenous peoples' internationalism: in search of a legal justification

Polar Record ◽  
2009 ◽  
Vol 45 (1) ◽  
pp. 51-58 ◽  
Author(s):  
Natalia Loukacheva
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
National Policy ◽  
Self Determination ◽  
The Arctic ◽  
Legal Personality ◽  
Evolution And Development ◽  
Legal Justification ◽  
The Right ◽  
International Representation

ABSTRACTThis paper focuses on the evolution and development of the legal scope of governance and the right to autonomy in the Arctic context by considering contemporary indigenous internationalism through a legal lens and by employing examples from the Arctic indigenous peoples of Greenland and Nunavut. It argues that depending on national policy, partnerships, and relations, there are possibilities for considering direct international representation, and the participation of autonomous sub-national units or indigenous peoples, as a part of the right to autonomy/self-government or internal self-determination. Since indigenous peoples have a limited legal personality and capacity in international law, the states of which they are a part can take special measures to accommodate their needs.

scholarly journals EVALUASI LAPORAN KINERJA INSTITUSI PADA BADAN PERENCANAAN PEMBANGUNAN DAERAH (BAPPEDA) PROVINSI SULAWESI UTARA

2020 ◽  
Vol 15 (3) ◽  
pp. 376
Author(s):  
Lucyana Aprillya Simanjuntak ◽  
Hendrik Manossoh ◽  
Sintje Rondonuwu
Keyword(s):  
Decision Making ◽  
Analytical Method ◽  
The State ◽  
Government Agencies ◽  
State Administration ◽  
The Future ◽  
Performance Report ◽  
Performance Reports ◽  
The Right ◽  
Descriptive Qualitative

The performance report of government agencies performance is a form of accountability in presenting, reporting and disclosing the mission of the agency in the form of activities and activities that are the responsibility of the stakeholders who have the right and authority to request such accountability. Performance Reports presented in accordance with applicable regulations can be utilized to make a decision and steps to be taken in the future in improving agency performance. This study aims to determine the performance report of BAPPEDA has been presented in accordance with the regulations and assess the work achievements of BAPPEDA. The analytical method used is descriptive qualitative. The results of this study indicate that the BAPPEDA performance report is in accordance with the guidelines of the State administration agency (LAN) and the BAPPEDA performance achievements are in good class so that the BAPPEDA performance report can be used for decision making.

Securing the Rights: A Human Security Perspective in the Context of Arctic Indigenous Peoples

2013 ◽  
Vol 5 (1) ◽  
pp. 493-522 ◽  
Author(s):  
Kamrul Hossain
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Human Security ◽  
Indigenous Communities ◽  
Self Determination ◽  
The Arctic ◽  
Policy Choices ◽  
Human Rights Regime ◽  
Right To Development ◽  
The Right

Abstract In today’s world the state-centric approach of security has been extended to includea human-centric approach. Since individuals are the ultimate victims of any securitythreats, a state is not secure if insecure inhabitants reside within it. The insecurityof individuals arises from various sources of threats, such as from “fear” aswell as from “want”. While often the concept is confused with that of human rights,the concept of human security embraces policy choices in order for the better implementationof human rights. In a sense therefore, it complements both the conceptsof traditional security and human rights. This article addresses the concept in thecontext of the Arctic and its people, particularly in the context of its indigenouspeoples. Obviously, because of differing meanings of the concept, the human securitythreats of the Arctic cannot be seen as similar to those of the other regions ofthe global south. This article nevertheless explores various human security concernsfaced by the Arctic indigenous communities. In addressing the concept of humansecurity in the context of the Arctic, the article affirms the normative developmentoccurred relatively recently in the human rights regime – which today includes a setof group rights called third generation human rights. These broadly include amongothers; the right to environment and the right to development. The presence of thesecategories of rights are therefore argued to ensure human security for which in theArctic perspective a right to self-determination plays a pivotal role, particularly forits indigenous communities.

Indigenous peoples as international political actors: presenting the INDIPO project

Polar Record ◽  
2006 ◽  
Vol 42 (2) ◽  
pp. 100-100 ◽  
Author(s):  
Monica Tennberg
Keyword(s):  
Indigenous Peoples ◽  
International Organizations ◽  
International System ◽  
Self Determination ◽  
The Arctic ◽  
The Political ◽  
Research Project ◽  
Political Actors ◽  
Political Consequences ◽  
The Right

Indigenous peoples have emerged as active participants in international relations. They claim the right to participation and to consultation in international political decision-making and to represent their interests based on principles of self-determination. Indigenous peoples' organizations in the Arctic have been in the forefront of the political mobilization of indigenous peoples in different international forums. The aim of the INDIPO project is to study the dynamics of interactions between states, international organizations, and indigenous peoples. This research project draws on theories and practices in international politics and international law in order to analyse how ‘indigenousness’ is used politically as a claim to self-determination and sovereignty in the international system and what the political consequences of this claim will be. The research objective consists in seeking answers to two interrelated questions. Firstly, how relations between states, international organizations and indigenous peoples have been and are currently constructed as legal and political practices? Secondly, how indigenous peoples, through different strategies, construct political agencies to further their political interest? The research project advances knowledge about the construction of the political agency of indigenous peoples and their participation in international policy-making. The researchers seek to establish a constructive dialogue with the representatives of major stakeholders and to organise two workshops with them in order to discuss the objectives and results of the project. The first one was held in Inari, Finland in January 2006.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

scholarly journals Environmental governance: Broadening ontological spaces for a more livable world

2021 ◽  
pp. 251484862110185
Author(s):  
Walker DePuy ◽  
Jacob Weger ◽  
Katie Foster ◽  
Anya M Bonanno ◽  
Suneel Kumar ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Environmental Governance ◽  
Policy Instruments ◽  
Self Determination ◽  
Ontological Pluralism ◽  
Cognitive Justice ◽  
Challenges And Opportunities ◽  
United Nations Declaration ◽  
The Right ◽  
Land Water

This paper contributes to global debates on environmental governance by drawing on recent ontological scholarship to ask: What would it mean to ontologically engage the concept of environmental governance? By examining the ontological underpinnings of three environmental governance domains (land, water, biodiversity), we find that dominant contemporary environmental governance concepts and policy instruments are grounded in a modernist ontology which actively shapes the world, making certain aspects and relationships visible while invisibilizing others. We then survey ethnographic and other literature to highlight how such categories and their relations have been conceived otherwise and the implications of breaking out of a modernist ontology for environmental governance. Lastly, we argue that answering our opening question requires confronting the coloniality woven into the environmental governance project and consider how to instead embrace ontological pluralism in practice. In particular, we examine what taking seriously the right to self-determination enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) could mean for acknowledging Indigenous ontologies as systems of governance in their own right; what challenges and opportunities exist for recognizing and translating ontologies across socio-legal regimes; and how embracing the dynamism and hybridity of ontologies might complicate or advance struggles for material and cognitive justice.

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