cultural-survival-reports-no29-land-rights-and-indigenous-peoples-the-role-of-the-interamerican-commission-on-human-rights-shelton-h-davis-1988-127-pp

2016 ◽  
Vol 1 (1) ◽  
pp. 5-30 ◽  
Author(s):  
Rita Kaur Dhamoon

AbstractIn settler societies like Canada, United States, and Australia, the bourgeoning discourse that frames colonial violence against Indigenous people as genocide has been controversial, specifically because there is much debate about the meaning and applicability of genocide. Through an analysis of the Canadian Museum for Human Rights, this paper analyzes what is revealed about settler colonialism in the nexus of difficult knowledge, curatorial decisions, and political debates about the label of genocide. I specifically examine competing definitions of genocide, the primacy of the Holocaust, the regulatory role of the settler state, and the limits of a human rights framework. My argument is that genocide debates related to Indigenous experiences operationalize a range of governing techniques that extend settler colonialism, even as Indigenous peoples confront existing hegemonies. These techniques include: interpretative denial; promoting an Oppression Olympics and a politics of distancing; regulating difference through state-based recognition and interference; and depoliticizing claims that overshadow continuing practices of assimilation, extermination, criminalization, containment, and forced movement of Indigenous peoples. By pinpointing these techniques, this paper seeks to build on Indigenous critiques of colonialism, challenge settler national narratives of peaceful and lawful origins, and foster ways to build more just relations between Indigenous and non-Indigenous peoples.


2008 ◽  
Vol 15 (1) ◽  
pp. 117-131
Author(s):  
Stephen Allen

AbstractThe recent adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples has reinvigorated the discourse on indigenous rights. This essay reviews three books – Xanthaki's Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land; Gilbert's Indigenous Peoples' Land Rights Under International Law: From Victims to Actors; and Rodriguez-Pinero's Indigenous Peoples, Postcolonialism and International Law: The ILO Regime (1919–1989) – that illustrate the way in which indigenous rights have evolved at the supranational level. Moreover, in their different ways, these important books highlight the conditions of possibility for indigenous peoples at a critical stage in the development of indigenous rights in international law.


2017 ◽  
Vol 111 (1) ◽  
pp. 147-154
Author(s):  
Lucas Lixinski

On November 25, 2015, the Inter-American Court of Human Rights (Court) held that the state of Suriname had violated the rights of two indigenous groups by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. In Kaliña and Lokono Peoples v. Suriname, the Court also considered the impact of nature reserves on indigenous land rights, as well as the legitimacy of private titling of property that encroaches on land for which collective title has not been attained. The decision pushes the Court's previous jurisprudence significantly—and somewhat controversially—by asserting that under the American Convention on Human Rights, indigenous peoples are entitled, as collective entities, to recognition of their legal personality. In so doing, the Court challenged ordinary assumptions about the individualized character of most adjudication regarding international human rights and made the possibility of enforcing collective rights more palpable.


Author(s):  
Thomas Cooper ◽  
Alex Faseruk

This article explores the role of the private sector and financial services companies in respecting, protecting and particularly advancing the human rights of Indigenous peoples. Using the results from a participatory research based project with an Indigenous group in Canada, it makes the argument that firms in the financial sector have an obligation to respect and advance the rights of Indigenous peoples.


2018 ◽  
Vol 25 (1) ◽  
pp. 111-133 ◽  
Author(s):  
Anne-Laura Kraak

Abstract:This article considers the role of recently adopted human rights-based policies in the context of preparations for the world heritage nomination of Bagan in Myanmar. Several conceptual, political, and practical factors influence the way in which such policies can be implemented. Conceptually, conflicting interpretations of the meaning of certain categories of human rights—most notably, cultural, development, and land rights—create ambiguity about who has rights to what. Politically, multilateral and bilateral negotiations between states parties inform whether and how human rights-based policies are enforced. On a practical level, implementation of such policies may be challenged by the low legal and administrative capacity of the state of Myanmar. Taking account of these factors, it is argued that human rights-based approaches can provide certain valuable insights but remain subject to serious limitations.


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