Cultural Genocide and Key International Instruments: Framing the Indigenous Experience

2012 ◽  
Vol 19 (2) ◽  
pp. 175-194 ◽  
Author(s):  
Shamiran Mako
Keyword(s):  
Indigenous Peoples ◽  
Ad Hoc ◽  
International Criminal Tribunal ◽  
The United States ◽  
Indigenous Populations ◽  
Genocide Convention ◽  
Cultural Rights ◽  
Cultural Genocide ◽  
Indigenous Social Movements ◽  
International Instruments

Since its introduction by Raphael Lemkin during the Second World War, cultural genocide has served as a conceptual framework for the non-physical destruction of a group. Following a vigorous debate over the legitimacy of the concept by states fearing prosecution for ethnocidal acts, namely Australia, the United States, Sweden and Canada, cultural genocide/ethnocide was abrogated from the 1948 Genocide Convention. This pivotal move has shifted the frame of analysis and has sparked a contentious debate about the distinguishing elements of the physical destruction of a people and their cultural dissipation. The achievements of the indigenous peoples’ movement throughout the 1980s reignited the debate surrounding cultural genocide within the international arena. This article is both a survey of cultural genocide of indigenous populations of North America, South America and Australia, as well as the role of indigenous social movements within the international arena. It analyzes the development of cultural genocide within international law by Raphael Lemkin, its subsequent debate by the United Nations’ Ad Hoc Committee on Genocide, its omission from the Genocide Convention, and its reintroduction by indigenous peoples’ mobilization to the international arena. The Declaration on the Rights of Indigenous Peoples, the Indigenous Peoples Rights Act (Philippines), the International Covenant on Economic, Social, and Cultural Rights, the various findings of the International Criminal Tribunal for the former Yugoslavia relating to cultural genocide, the conference findings of the Organization for Security and Co-operation in Europe relating to minorities, along with Lemkin’s original reference to the term will be used as frameworks for illuminating the extent and gravity of such crimes.

scholarly journals Traditional Food Energy Intake Among Indigenous Populations in Select High-Income Settler Colonized Countries: A Systematic Literature Review

2020 ◽  
Author(s):  
Julia McCartan ◽  
Emma van Burgel ◽  
Isobelle McArthur ◽  
Sharni Testa ◽  
Elisabeth Thurn ◽  
...  
Keyword(s):  
Energy Intake ◽  
Indigenous Peoples ◽  
Primary Outcome ◽  
The United States ◽  
Outcome Data ◽  
High Income ◽  
Indigenous Populations ◽  
Traditional Food ◽  
Food Energy ◽  
Settler Colonization

Abstract The traditional diets of Indigenous Peoples globally have undergone major transition due to settler colonization. This systematic review aims to provide a perspective of traditional food intake of Indigenous populations in high-income countries with a history of settler colonization. For inclusion, studies reported the primary outcome of interest: traditional food contribution to total energy intake (%E) and occurred in Canada, the United States (including Hawaii and Alaska), New Zealand, Australia and/or Scandinavian countries. Primary outcome data were reported and organized by date of data collection by country. Forty-nine articles published between 1987 and 2019 were identified. Wide variation in contribution of traditional food to energy was reported. A trend for decreasing traditional food energy intake over time was apparent; however, heterogeneity in study populations and dietary assessment methods limited conclusive evaluation of this. This review may inform cross-sectoral policy to protect the sustainable utilization of traditional food for Indigenous Peoples.

International Criminal Law

2019 ◽  
pp. 466-490
Author(s):  
Hirad Abtahi ◽  
Philippe Kirsch
Keyword(s):  
Dispute Settlement ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
Genocide Convention ◽  
Criminal Courts ◽  
Common System ◽  
Substantive Law ◽  
Judicial Assistance

By virtue of its longevity, territorial scope, mandate, and resources, the UN has been pivotal in the development of international criminal justice. While its contribution has been mostly institutional, in terms of genesis, establishment, and functioning of international and hybrid criminal courts, the UN has also shaped their procedural and substantive law. Starting with the first to be established—the ad hoc tribunals—the UN Security Council, acting under Chapter VII, adopted the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) statutes and fully managed them. To a lesser extent, the same could be said of Timor Leste’s Special Panel for Serious Crimes. Regarding the creation of hybrid criminal courts, that is, the Extraordinary Chambers in the Courts of Cambodia (ECCC), Special Court for Sierra Leone (SCSL), and Special Tribunal for Lebanon (STL), the UN served as a bilateral treaty-making forum for the negotiation and conclusion of UN-member states’ agreements. Through the ICTY completion strategy and rule 11bis, the UN also internationalized domestic courts (War Crimes Chambers) to enhance national judicial capacity building to prosecute international crimes. Finally, the UN served as the ultimate multilateral treaty-making body in the ICC’s half-century-long creation; starting with the Genocide Convention, and continuing with the ILC and subsequent negotiations leading to the adoption of the ICC Statute, which created a complex institutional and jurisdictional relationship with the UN. Institutionally, this has included cooperation and judicial assistance, dispute settlement functions, UN treaty functions, and adherence to the UN common system. Jurisdictionally, this has involved Chapter VII referrals and deferrals and jurisdiction over a range of crimes close to other UN created tribunals.

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 Wellbeing of Indigenous Peoples in Canada, Aotearoa (New Zealand) the United States: A Systematic Review

2021 ◽  
Vol 18 (11) ◽  
pp. 5832
Author(s):  
Alana Gall ◽  
Kate Anderson ◽  
Kirsten Howard ◽  
Abbey Diaz ◽  
Alexandra King ◽  
...  
Keyword(s):  
United States ◽  
New Zealand ◽  
Indigenous Peoples ◽  
The United States ◽  
Indigenous Populations ◽  
Mortality And Morbidity ◽  
Health And Wellbeing ◽  
Search Terms ◽  
Aotearoa New Zealand ◽  
Full Text Screening

Despite the health improvements afforded to non-Indigenous peoples in Canada, Aotearoa (New Zealand) and the United States, the Indigenous peoples in these countries continue to endure disproportionately high rates of mortality and morbidity. Indigenous peoples’ concepts and understanding of health and wellbeing are holistic; however, due to their diverse social, political, cultural, environmental and economic contexts within and across countries, wellbeing is not experienced uniformly across all Indigenous populations. We aim to identify aspects of wellbeing important to the Indigenous people in Canada, Aotearoa and the United States. We searched CINAHL, Embase, PsycINFO and PubMed databases for papers that included key Indigenous and wellbeing search terms from database inception to April 2020. Papers that included a focus on Indigenous adults residing in Canada, Aotearoa and the United States, and that included empirical qualitative data that described at least one aspect of wellbeing were eligible. Data were analysed using the stages of thematic development recommended by Thomas and Harden for thematic synthesis of qualitative research. Our search resulted in 2669 papers being screened for eligibility. Following full-text screening, 100 papers were deemed eligible for inclusion (Aotearoa (New Zealand) n = 16, Canada n = 43, United States n = 41). Themes varied across countries; however, identity, connection, balance and self-determination were common aspects of wellbeing. Having this broader understanding of wellbeing across these cultures can inform decisions made about public health actions and resources.

scholarly journals Genocide Against Indigenous Peoples: The Experiences of the Truth Commissions of Canada and Guatemala

2019 ◽  
Vol 10 (2) ◽  
pp. 1-23
Author(s):  
Emmanuel Guematcha
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Truth Commissions ◽  
Aboriginal Peoples ◽  
Truth Commission ◽  
Genocide Convention ◽  
Cultural Genocide

The truth commission of Guatemala stated that a genocide was committed against Indigenous Peoples in Guatemala. The truth commission of Canada concluded that a cultural genocide was committed against Aboriginal Peoples in Canada. The article questions the contribution of the truth commissions of Guatemala and Canada to the recognition of a genocide. Their contribution is analyzed in two areas. The article argues that the work of the two truth commissions shows that the context of a country and the perception of the crime influence the findings on genocide. It also states that the work of the two truth commissions on genocide is part of a movement towards an evolution of the 1948 United Nations Genocide Convention.

scholarly journals The Decolonization of Bolivia's Antinarcotics Policy?

2016 ◽  
Vol 21 ◽  
pp. 59-99 ◽  
Author(s):  
Alba Hesselroth
Keyword(s):  
Indigenous Peoples ◽  
Social Economic ◽  
The United States ◽  
Internal Colonialism ◽  
Cultural Rights ◽  
Peculiar Form ◽  
The Us ◽  
The Government ◽  
The One ◽  
Siglo Xx

This paper argues that a peculiar form of colonization developed during the 20th century in Bolivia's antinarcotics policy, comprised of features that resemble both external and internal colonialism. On the one hand, international institutions and the United States were able to impose a system of control and prohibition on the growing and consumption of coca leaf in the country. On the other hand, the governing elite supported by the US imposed their power and domination over coca farmers, introducing US-sponsored prohibition of the growing of coca leaf and promoting forced coca eradication, severely jeopardizing coca farmers’ rights. In contrast to previous administrations that passively accepted decisions taken in international forums regarding coca leaf classification as an illegal drug, and rigorously followed instructions issued by the US with respect to eradication of coca, the government of Evo Morales is acting to change this situation in a twofold effort in both international and national arenas. Through the analysis of policies issued by this government between 2006-2014, this paper argues that in its management of antinarcotics policy is pursuing a particular process of decolonization to defend traditional uses of coca leaf, protect social, economic and cultural rights of Andean indigenous peoples involved in its production and/or consumption, and promote economic development of areas where coca is grown.Este artículo sostiene que, en el siglo XX, se desarrolló una forma peculiar de colonización en la política antinarcótica de Bolivia, compuesta por rasgos parecidos a los del colonialismo externo e interno. Por una parte, las instituciones internacionales y los Estados Unidos lograron imponer en el país un sistema de control y prohibición del cultivo y consumo de la hoja de coca. Por otra parte,  la élite gobernante apoyada por los EE.UU. impuso su poder y dominio sobre los cocaleros al introducir esta prohibición  y promover la erradicación forzosa de la coca con el auspicio de EE.UU., poniendo en severo peligro los derechos de los  cocaleros. A diferencia de anteriores gobiernos que aceptaron pasivamente las decisiones tomadas en foros internacionales acerca de la clasificación de la hoja de coca como droga ilegal y siguieron con rigor las instrucciones de los EE.UU. acerca de la erradicación de la coca, el gobierno de Evo Morales está actuando para cambiar la situación  en un doble esfuerzo internacional y nacional. Analizando las políticas de este gobierno entre 2006-2014, este artículo sostiene que en el manejo de la política antinarcótica está siguiendo un proceso particular de descolonización para defender los usos tradicionales de la hoja de coca y proteger los derechos sociales, económicos y culturales de las poblaciones andinas involucradas en su producción y/o consumo, y promover el desarrollo económico de las áreas donde se cultiva.

scholarly journals Apologies to Indigenous Peoples in Comparative Perspective

2014 ◽  
Vol 5 (4) ◽  
Author(s):  
Michael Tager
Keyword(s):  
United States ◽  
Indigenous Peoples ◽  
The United States ◽  
Indigenous Populations ◽  
Comparative Perspective ◽  
National Elections ◽  
The Impact ◽  
Focusing Event ◽  
The U.S

Australia, Canada, and the United States formally apologized to their Indigenous peoples in February 2008, June 2008, and December 2009, respectively. The Indigenous peoples in these countries are relatively small in size and Indigenous issues usually lack salience in national elections, so these near simultaneous apologies appear somewhat surprising. All three came after years of pressure and incompletely realized apologies. The presence of a focusing event and the level of Indigenous mobilization help explain the variation among the apologies, with Canada and Australia’s apologies stronger than the U.S. one. However, the impact of the apologies on the three governments’ efforts to reconcile with their Indigenous populations remains unclear.

scholarly journals Making the Case for Genocide, the Forced Sterilization of Indigenous Peoples of Peru

2020 ◽  
Vol 14 (2) ◽  
pp. 90-103
Author(s):  
Ñusta P Carranza Ko
Keyword(s):  
Indigenous Peoples ◽  
Health Program ◽  
Reproductive Rights ◽  
Minority Group ◽  
The State ◽  
Indigenous Women ◽  
Indigenous Populations ◽  
Genocide Convention ◽  
Related Services ◽  
Forced Sterilization

Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy as victims of genocide, considering the effects the health malpractice had on victims’ reproductive rights and the prevention of births of future indigenous populations. In doing so, this study proves the genocidal intent from the state to destroy in whole or in part, an ethnic minority group.

Migration to the United States from Indigenous Communities in Mexico

2019 ◽  
Vol 684 (1) ◽  
pp. 120-145 ◽  
Author(s):  
Asad L. Asad ◽  
Jackelyn Hwang
Keyword(s):  
United States ◽  
Indigenous Peoples ◽  
Multilevel Models ◽  
Indigenous Communities ◽  
The United States ◽  
Social Disadvantage ◽  
Indigenous Populations ◽  
Mexican Migration ◽  
Hispanic Populations ◽  
Migratory Process

Research on Mexican migration to the United States has long noted how the characteristics of sending communities structure individuals’ opportunities for international movement. This literature has seldom considered the concentration of indigenous residents (those with origins in pre-Hispanic populations) in migrant-sending communities. Drawing on data from 143 communities surveyed by the Mexican Migration Project, and supplemented with data from the Mexican Census, this article uses multilevel models to describe how the share of indigenous residents in a migrant-sending community relates to different aspects of the migratory process. We focus on (1) the decision to migrate to the United States, and (2) the documentation used on migrants’ first U.S. trip. We do not find that the concentration of indigenous residents in a sending community is associated with the decision to migrate to the United States. However, we do find that people in communities with relatively high indigenous populations are more likely to migrate as undocumented rather than documented migrants. We conclude that the concentration of indigenous peoples in communities likely indicates economic and social disadvantage, which limits the residents’ possibilities for international movement.

Indigenous people's experiences at the end of life

2015 ◽  
Vol 13 (6) ◽  
pp. 1721-1733 ◽  
Author(s):  
Wendy Duggleby ◽  
Samantha Kuchera ◽  
Rod MacLeod ◽  
Paul Holyoke ◽  
Tracy Scott ◽  
...  
Keyword(s):  
Qualitative Research ◽  
End Of Life ◽  
Indigenous Peoples ◽  
Life Experiences ◽  
The United States ◽  
Indigenous Populations ◽  
Future Research ◽  
Significant Finding ◽  
Inclusion Criteria ◽  
Comprehensive Search

ABSTRACTObjective:The primary purpose of this metasynthesis study was to explore the end-of-life experiences of Indigenous peoples by synthesizing the findings of qualitative research.Method:Sandelowski and Barroso's methodology for synthesizing qualitative research was used and included (a) a comprehensive search, (b) appraising reports of qualitative studies, (c) classification of studies, and (d) synthesis of the findings. Research team members guided this process. This team was multidisciplinary and included Indigenous and non-Indigenous researchers from Canada, Australia, New Zealand, and the United States. Following a comprehensive search, 2255 studies were reviewed and assessed against five inclusion criteria: (a) studies on the experiences of Indigenous populations (all genders, 18 + years of age) at the end of life, (b) studies published in English from any country, (c) studies using qualitative and mixed-methods designs, and (d) studies published between 1993 and 2013.Results:Some 18 studies met the inclusion criteria, and their findings were synthesized. “Preparing the spirit” for transition to the next life was the overarching theme. “Preparing the spirit” occurred within the context of “where we come from.” Processes involved in “preparing the spirit” were healing, connecting, and protecting; through these processes, “what I want at the end of life” was realized. Although not the focus of the metasynthesis, a significant finding was that the studies reviewed identified very clear barriers within healthcare systems and current healthcare provider practices to “preparing the spirit.”Significance of results:The findings provide a beginning understanding of the end-of-life experiences of Indigenous peoples and a foundation for future research. More interpretive qualitative research is critical if palliative care services, the healthcare system, and healthcare providers are to reduce current barriers to “preparing the spirit” for the journey at the end of life.

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