scholarly journals Indigenizing International Law and Decolonizing the Anthropocene: Genocide by Ecological Means and Indigenous Nationhood in Contemporary Colombia

Maguaré ◽  
2019 ◽  
Vol 33 (2) ◽  
pp. 139-169
Author(s):  
Paulo Ilich Bacca

This article displays the idea of indigenizing international law by recognizing indigenous law as law. Transforming international law becomes possible by directing indigenous jurisprudences to it —I call this process inverse legal anthropology—. Based on inverse legal anthropology, i present a case study on the ongoing genocide of Colombian indigenous peoples in the age of the global ecology of the Anthropocene. I also explain the political consequences of valuing indigenous cosmologies regarding their territories. While mainstream representations of indigenous territories include the topographic and biologic dimensions of the earth’s surface, they forget the pluriverse of organic and inorganic beings that make and negotiate their social living together with indigenous peoples, and their ecological and spiritual relationships.

Author(s):  
Ericka A. Albaugh

This chapter examines how civil war can influence the spread of language. Specifically, it takes Sierra Leone as a case study to demonstrate how Krio grew from being primarily a language of urban areas in the 1960s to one spoken by most of the population in the 2000s. While some of this was due to “normal” factors such as population movement and growing urbanization, the civil war from 1991 to 2002 certainly catalyzed the process of language spread in the 1990s. Using census documents and surveys, the chapter tests the hypothesis at the national, regional, and individual levels. The spread of a language has political consequences, as it allows for citizen participation in the political process. It is an example of political scientists’ approach to uncovering the mechanisms for and evidence of language movement in Africa.


2021 ◽  
Vol 17 (1) ◽  
pp. 71-82
Author(s):  
Rashwet Shrinkhal

It is worth recalling that the struggle of indigenous peoples to be recognised as “peoples” in true sense was at the forefront of their journey from an object to subject of international law. One of the most pressing concerns in their struggle was crafting their own sovereign space. The article aims to embrace and comprehend the concept of “indigenous sovereignty.” It argues that indigenous sovereignty may not have fixed contour, but it essentially confronts the idea of “empire of uniformity.” It is a source from which right to self-determination stems out and challenges the political and moral authority of States controlling indigenous population within their territory.


FACETS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 534-537
Author(s):  
Kyle A. Schang ◽  
Andrew J. Trant ◽  
Sara A. Bohnert ◽  
Alana M. Closs ◽  
Megan Humchitt ◽  
...  

The relationship between Indigenous peoples and the functioning of terrestrial ecosystems has received increased attention in recent years. As a result, it is becoming more critical for researchers focusing on terrestrial ecosystems to work with Indigenous groups to gain a better understanding of how past and current stewardship of these lands may influence results. As a case study to explore these ideas, we systematically reviewed articles from 2008 to 2018 where research was conducted in North America, South America, and Oceania. Of the 159 articles included, 11 included acknowledgement of Indigenous stewardship, acknowledged the Indigenous Territories or lands, or named the Indigenous group on whose Territory the research was conducted. Within the scope of this case study, our results demonstrate an overall lack of Indigenous acknowledgement or consideration within the scope of our review. Given the recent advancements in our understanding of how Indigenous groups have shaped their lands, we implore researchers to consider collaboration among local Indigenous groups as to better cultivate relationships and foster a greater understanding of their ecosystems.


2020 ◽  
Vol 61 (1) ◽  
pp. 251-271
Author(s):  
Salo de Carvalho ◽  
David R Goyes ◽  
Valeria Vegh Weis

Abstract There is a dearth of criminological scholarship on how the political persuasions of governments affect Indigenous people as it relates to human rights and environmental consequences, whether positive or negative, for Indigenous peoples. To address this gap, we develop a comparative instrumental case study of the policies concerning Indigenous peoples implemented during two political periods in Brazil: the administrations of presidents Silva (2003–2010) and Rousseff (2011–2016) and the administrations of Temer (2016–2018) and Bolsonaro (2019–). We explore the consequences for Indigenous peoples of these leftist and the right-wing governments. We argue that governments of both political leanings victimize Indigenous populations, with leftist governments using structural violence and right-wing governments engaging additionally in symbolic and direct violence.


2018 ◽  
Vol 25 (3) ◽  
pp. 431-457 ◽  
Author(s):  
Sylvanus Gbendazhi Barnabas

There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.


Author(s):  
Rachel Sieder

This chapter reviews the principle debates on the juridification of politics, discussing anthropological analysis of the juridification of Indigenous politics. While much of the broader debate refers principally to the diffusion and vernacularization of state and international law, and the subjectivities generated by engagements with dominant norms and institutions, here I turn the lens on the complex dialectics involved in Indigenous Peoples’ juridification of their own forms of law or what in Spanish is referred to as derecho propio. Drawing on my ethnographic work in Guatemala, I trace the different ways in which Mayan rights activists and their allies have analysed, systematized, and defended their own forms of law in the context of battles for state recognition of legal pluralism in the post-war period. I point to the potentialities inherent in the juridification and auto-juridification of Mayan law, arguing that different legal engagements can be read as exchanges that also contain and transmit a politics of what Audra Simpson (2015) has termed ‘indigenous refusal’. By articulating claims and narratives that assert the sovereignty of their specific time-space over territories, peoples, and practices in the past, present, and future, Indigenous Peoples reject the sovereign jurisdictional claims and specific temporalities and ontologies of state legality and international human rights law, envisioning alternative futures. I also reflect on the challenges for anthropologists involved in the juridification and auto-juridification of Indigenous law, advocating critical engagement that furthers an intercultural epistemological dialogue aimed at radically transforming racialized structures of dispossession.


2017 ◽  
Vol 25 (2) ◽  
pp. 303
Author(s):  
Ismail Suardi Wekke ◽  
Hasbi Hasbi ◽  
M Mawardin ◽  
Suyatno Ladiqi ◽  
Mohd Afandi Salleh

<p>The discrimination suffered by Rohingya Muslims is increasingly blewed up in media in last decade. The peak of the discriminatory treatment against Rohingya Muslim by Myanmar government is the unavailability of shelter from Myanmar government. In the perspective of international law, Myanmar government's actions constitute a serious violence, because it ignores the rights of its citizens. Even a series of massacres and inhumane treatment became a major offense committed by Myanmar government in terms of humanity. This attracted international attention in solving the problem. This article illustrated the fate of Rohingyas who are not given citizenship rights by Myanmar government. It also revealed the irony of Muslims of Rohingya life who are discriminated by the government of Myanmar, both in the practical as well as in the political context.</p><p>Diskriminasi yang diderita oleh Muslim Rohingya semakin mengemuka di media dalam dekade terakhir. Puncak perlakuan diskriminatif terhadap Muslim Rohingya adalah tidak tersedianya tempat tinggal dari pemerintah Myanmar. Dalam perspektif hukum internasional, tindakan pemerintah Myanmar ini merupakan bentuk kekerasan yang serius, karena mengabaikan hak warganya. Selain itu serangkaian pembantaian dan perlakuan tidak manusiawi menjadi pelanggaran besar yang dilakukan oleh pemerintah Myanmar dalam hal kemanusiaan. Hal ini menarik perhatian dunia internasional dalam upaya memberikan solusi atas permasalahan-permasalahan tersebut. Artikel ini selain menggambarkan nasib warga Rohingya yang tidak diberikan hak kewarganegaraan oleh pemerintah Myanmar, juga mengungkap ironi Muslim dari kehidupan Rohingya yang didiskriminasi oleh pemerintah Myanmar, baik dalam praktik maupun dalam konteks politik.</p>


Author(s):  
Brian Thom

This chapter reflects on the work happening at the intersection of anthropology and law in Canada with respect to Indigenous peoples’ rights, title, governance, and legal orders. Indigenous legal scholars have ignited an important new engagement with Indigenous legal orders that are reshaping mainstream Canadian legal discourses. The chapter reviews how this work has profound implications for the direction of the recognition of Indigenous land title, territorial rights, and Indigenous jurisdictions. It argues that anthropologists have the opportunity to shift their engagement with Indigenous law from essentialized production of traditional cultures to ethnographically engaging with the logics and practices of Indigenous legal orders. The chapter develops a brief ethnographic case-study involving several closely related Island Hul’q’umi’num’ (Coast Salish) communities on the east coast of Vancouver Island (British Columbia) as they work to mobilize longstanding Indigenous principles and understandings of land tenure and harvest rights among themselves in a complex, state-regulated environment of shellfish harvesting. The purpose of the case-study is to highlight a path of anthropological engagement with contemporary Indigenous law, working both to appreciate the ways Indigenous and state legal orders are brought to life concurrently over time, and to reflect on the on-the-ground ways legal pluralism is experienced. The case also offers conceptual opportunities to transcend problematic state discourses of ‘overlapping claims’ and makes space for workable principles of co-existence through Indigenous legal sensibility.


Author(s):  
Edana Beauvais

Abstract Understanding the legacy of settler colonialism requires understanding the nature and scope of anti-Indigenous attitudes. But what, exactly, are the political consequences of anti-Indigenous attitudes? Answering this question requires recognizing that attitudes toward Indigenous peoples are distinct from White racial attitudes toward other disempowered groups. In this paper, I introduce a novel measure of Indigenous resentment. I then show that Indigenous resentment is an important predictor of policy attitudes using data collected from an original survey of White settlers. I estimate the effect of both Indigenous resentment and negative affect on policy attitudes—opposition to welfare and support for pipeline developments—to make the case that Indigenous resentment is a better measure of anti-Indigenous attitudes than affective prejudice, and that Indigenous resentment is an important omitted variable in the study of public opinion in settler societies.


2021 ◽  
Vol 7 (1) ◽  
pp. 42-57
Author(s):  
Rafał Leśniczak

Abstract The aim of the article was to determine the degree of political involvement of the most important representatives of the Polish Catholic press, i.e. “Gość Niedzielny”, “Niedziela”, “Idziemy”, and “Przewodnik Katolicki” in the 2020 presidential campaign in Poland. The periodicals took into account the important context of the campaign, i.e. the coronavirus pandemic, the lockdown and its social and political consequences, as well as the problem of polarisation of the Polish political scene. “Gość Niedzielny”, “Niedziela” and “Idziemy” gave clear support to Andrzej Duda. The political involvement of the above press titles should be assessed as going beyond Catholic social science. “Przewodnik Katolicki” was the only one to point out both the strengths and weaknesses of the incumbent’s programme and political activity.


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