scholarly journals ‘Another Tool in the Kete’: Māori Engaging with the International Human Rights Framework

2021 ◽  
Author(s):  
◽  
Hannah Mackintosh
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Local Level ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Development Project ◽  
Methodological Foundation ◽  
Rights Discourse ◽  
The Way

<p>In this study, I consider how the universal concept of human rights is being engaged with and interpreted by Māori communities in Aotearoa/New Zealand. The rights of indigenous peoples have recently been formally defined within United Nations forums and cemented in the United Nations Declaration on the Rights of Indigenous Peoples. This research argues that the indigenous rights movement indicates a shift in many of the debates that have dominated the global rights rhetoric to a more evolutionary concept of human rights. It suggests that engaging with these debates has the potential to open up new dialogue within the human rights discourse for alternative ways of considering human rights at the global level. This will impact the way that rights-based approaches to development are implemented, engaged with and utilised at the local level. However, currently little is known about the ways in which indigenous communities are using human rights at the local level. This work focuses on a successful rights-based community development programme as a case study. Through this exploration, I consider the levels of empowerment and the positive impacts that resulted from increased knowledge of human rights in the region. I further present some of the principles inherent in the successful application of a rights-based development project. From a methodological perspective, it provides an exploration into the way that research involving indigenous communities is conducted. As a Pākehā researcher working with Māori communities I had to take extra care to ensure that this research had an ethically sound methodological foundation. Taking a critical perspective, I consider some of the political and social implications of being a non-indigenous researcher working with indigenous communities. This work illustrates that highly ethical, critical methodological approaches are essential to any development work. Overall, the research proposes that Māori concepts of human rights are placed within a distinct cultural framework. Human rights are understood and given meaning through Kaupapa Māori, tikanga and whakapapa. They are also framed within the experiences of a colonial history. This research provides an example of how this universal framework is localised to fit particular historical, local and cultural contexts increasing its potential to be a tool for positive social change. It provides a conceptual, methodological and practical inquiry into rights-based approaches as a way of delivering development.</p>

scholarly journals ‘Another Tool in the Kete’: Māori Engaging with the International Human Rights Framework

2021 ◽  
Author(s):  
◽  
Hannah Mackintosh
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Local Level ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Development Project ◽  
Methodological Foundation ◽  
Rights Discourse ◽  
The Way

<p>In this study, I consider how the universal concept of human rights is being engaged with and interpreted by Māori communities in Aotearoa/New Zealand. The rights of indigenous peoples have recently been formally defined within United Nations forums and cemented in the United Nations Declaration on the Rights of Indigenous Peoples. This research argues that the indigenous rights movement indicates a shift in many of the debates that have dominated the global rights rhetoric to a more evolutionary concept of human rights. It suggests that engaging with these debates has the potential to open up new dialogue within the human rights discourse for alternative ways of considering human rights at the global level. This will impact the way that rights-based approaches to development are implemented, engaged with and utilised at the local level. However, currently little is known about the ways in which indigenous communities are using human rights at the local level. This work focuses on a successful rights-based community development programme as a case study. Through this exploration, I consider the levels of empowerment and the positive impacts that resulted from increased knowledge of human rights in the region. I further present some of the principles inherent in the successful application of a rights-based development project. From a methodological perspective, it provides an exploration into the way that research involving indigenous communities is conducted. As a Pākehā researcher working with Māori communities I had to take extra care to ensure that this research had an ethically sound methodological foundation. Taking a critical perspective, I consider some of the political and social implications of being a non-indigenous researcher working with indigenous communities. This work illustrates that highly ethical, critical methodological approaches are essential to any development work. Overall, the research proposes that Māori concepts of human rights are placed within a distinct cultural framework. Human rights are understood and given meaning through Kaupapa Māori, tikanga and whakapapa. They are also framed within the experiences of a colonial history. This research provides an example of how this universal framework is localised to fit particular historical, local and cultural contexts increasing its potential to be a tool for positive social change. It provides a conceptual, methodological and practical inquiry into rights-based approaches as a way of delivering development.</p>

Recent Books on Human Rights and Groups Review Essays International Law and the Evolution of Indigenous Rights

2008 ◽  
Vol 15 (1) ◽  
pp. 117-131
Author(s):  
Stephen Allen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Land Rights ◽  
Self Determination ◽  
Critical Stage ◽  
Conditions Of Possibility ◽  
Supranational Level

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.

Part I The UNDRIP’s Relationship to Existing International Law, Ch.3 Relationship to Human Rights, and Related International Instruments

2018 ◽  
Author(s):  
Scheinin Martin ◽  
Åhrén Mattias
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Indigenous Rights ◽  
Specific Reference ◽  
Political Rights ◽  
Rights Discourse ◽  
United Nations Declaration ◽  
Human Rights Norms ◽  
International Instruments

This chapter analyses how the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) fits within the broader picture of international legal instruments, with specific reference to related human rights norms. In many respects, the general approach the UNDRIP takes towards indigenous rights is natural. Largely from the very day indigenous peoples' representatives started to address the UN in order to claim recognition of and respect for their rights, the focus of such claims has been on allowing indigenous peoples the possibility to preserve, maintain, and develop their own distinct societies, existing side by side with the majority society. In other words, political rights — or sovereign rights — have always been at the forefront of the indigenous rights regime. In that way, indigenous peoples' rights distinguish themselves from those that apply to minority groups that are primarily individual rights. Thus, when placing emphasis on peoples' rights, the UNDRIP follows in the tradition of the indigenous rights discourse in general, as reflected in Article 3 of the Declaration.

III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

2011 ◽  
Vol 60 (1) ◽  
pp. 245-270 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Working Group ◽  
Indigenous Communities ◽  
Indigenous Populations ◽  
Advisory Opinion ◽  
African Charter ◽  
The United Nations ◽  
African Commission

The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa.2While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy.3At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Indigenous Peoples in 2007 (UNDRIP).4At a national level, most of the States in Africa are still reluctant to recognize the specific rights of indigenous peoples.5Until recently, the African Commission on Human and Peoples' Rights (the Commission), the leading human rights institution for the continent,6had kept a low profile on the issue and had ‘not always interpreted indigenous peoples’ rights favourably'.7From this perspective Commission regarding the communication submitted by the indigenous Endorois community against Kenya casts new light on the rights of indigenous peoples in Africa.8The decision, which has already been hailed as a ‘landmark,’9touches on several crucial issues regarding the development of indigenous peoples' human rights in Africa. This groundbreaking decision did not materialize unexpectedly but is part of a wider evolution of the Commission regarding indigenous peoples' human rights in Africa. It echoes the work of the Commission's own Working Group of Experts on Indigenous Populations/Communities (Working Group) which was established in 2001 with the mandate to focus specifically on the promotion and protection of the rights of indigenous peoples in Africa.10The mandate of the Working Group is to examine the concept of indigenous communities in Africa, as well as to analyse their rights under the African Charter on Human and Peoples' Rights (African Charter).11In 2003 the Commission adopted the report of the Working Group which proposes several avenues for the recognition and promotion of indigenous rights in Africa.12The adoption of an Advisory Opinion by the Commission to support the adoption of UNDRIP marked another step toward the affirmation of indigenous peoples' rights in Africa.13The Advisory Opinion not only participated in unlocking the reluctance of the group of African States to adopt the UNDRIP, but also reflected developments taking place at the international level on the rights of indigenous peoples as well as their connection to the continent. Remarkably, in recent years, the Commission has started to refer to indigenous peoples' rights in its examination of States' periodic reports.14All these factors and the recent decision of the Commission in the Endorois case indicate the emergence of a consistent jurisprudence on indigenous peoples' rights in Africa.

scholarly journals Concrete Lessons: Policies and Practices Affecting the Impact of COVID-19 for Urban Indigenous Communities in the United States and Canada

2021 ◽  
Vol 6 ◽  
Author(s):  
Heather A. Howard-Bobiwash ◽  
Jennie R. Joe ◽  
Susan Lobo
Keyword(s):  
United States ◽  
Human Rights ◽  
United Nations ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The United States ◽  
The United Nations ◽  
The Impact ◽  
Policies And Practices

Throughout the Americas, most Indigenous people move through urban areas and make their homes in cities. Yet, the specific issues and concerns facing Indigenous people in cities, and the positive protective factors their vibrant urban communities generate are often overlooked and poorly understood. This has been particularly so under COVID-19 pandemic conditions. In the spring of 2020, the United Nations High Commissioner Special Rapporteur on the Rights of Indigenous Peoples called for information on the impacts of COVID-19 for Indigenous peoples. We took that opportunity to provide a response focused on urban Indigenous communities in the United States and Canada. Here, we expand on that response and Indigenous and human rights lens to review policies and practices impacting the experience of COVID-19 for urban Indigenous communities. Our analysis integrates a discussion of historical and ongoing settler colonialism, and the strengths of Indigenous community-building, as these shape the urban Indigenous experience with COVID-19. Mindful of the United Nations Declaration on the Rights of Indigenous Peoples, we highlight the perspectives of Indigenous organizations which are the lifeline of urban Indigenous communities, focusing on challenges that miscounting poses to data collection and information sharing, and the exacerbation of intersectional discrimination and human rights infringements specific to the urban context. We include Indigenous critiques of the implications of structural oppressions exposed by COVID-19, and the resulting recommendations which have emerged from Indigenous urban adaptations to lockdown isolation, the provision of safety, and delivery of services grounded in Indigenous initiatives and traditional practices.

scholarly journals Respecting and recognising Indigenous rights when challenged by commercial activities

2017 ◽  
Vol 10 (1) ◽  
pp. 1-17
Author(s):  
Valmaine Toki
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Extractive Industries ◽  
Reference Guide ◽  
Commercial Activities ◽  
Basic Rights ◽  
The United Nations ◽  
United Nations Declaration

The United Nations Declaration on the Rights of Indigenous Peoples was hailed as a triumph among Indigenous peoples, signalling a long-awaited recognition of their fundamental human rights. Despite this, many violations of these basic rights continue, particularly in relation to extractive industries and business activities. In response, a business reference guide seeks to inform industries of their responsibilities. This article examines the tenuous relationship between Indigenous rights, state responsibilities and business expectations.

scholarly journals Neo-extractivist controversies in Bolivia: indigenous perspectives on global norms

2018 ◽  
Vol 15 (1) ◽  
pp. 88-102
Author(s):  
Jessika Eichler
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Fundamental Rights ◽  
Self Determination ◽  
Collective Rights ◽  
Implementation Processes ◽  
Indigenous Perspectives ◽  
Increasing Demand

AbstractEver since Evo Morales Ayma became Bolivia's first indigenous president in 2006 and the promulgation of a human-rights-enhancing Constitution (2009) thereafter, indigenous peoples’ rights were gradually recognised. Yet, with the increasing demand for natural resources, indigenous communities have been adversely affected by the state's neo-extractivist policies. While global indigenous rights norms protect their fundamental rights, legal-implementation processes in the country's lowlands reveal dilemmas in terms of the value of laws in practice as well as its reinterpretation on the ground. Namely, in the communities, different positions and camps have emerged in terms of the role and functions of participatory rights. Despite the potential of the latter in strengthening collective-rights regimes and self-determination, community leaders, advisers and other members report how such processes fracture and weaken decision-making mechanisms and human rights claims.

scholarly journals Indigenous Rights

2019 ◽  
Author(s):  
Sarah Sargent
Keyword(s):  
United States ◽  
Human Rights ◽  
Native American ◽  
United Nations ◽  
American Indian ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
The United States ◽  
The United Nations ◽  
The Impact

The attention given to indigenous rights has increased since the approval of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007. Although it is a soft law declaration and technically not binding, it serves as the cornerstone of much of the contemporary research on indigenous rights. Four states that initially voted in opposition to the UNDRIP—Australia, Canada, New Zealand, and the United States—have now endorsed it. Despite the attention it garners, the UNDRIP is not the only international instrument that has been utilized to establish and protect indigenous rights and interests. The regional inter-American human rights system has also been key in the development and protection of indigenous rights. Another important facet of the UNDRIP is that it took twenty-two years of drafting effort before it was approved by the United Nations General Assembly. During those twenty-two years, many discussions, debates, and analyses were undertaken over the meaning of rights and principles included in the drafts of the declaration. Research and scholarship from the era before passage of the declaration is helpful in understanding the content of the document. But the approval of the declaration did not end the controversies over indigenous rights. Debate and examination of the evolving body of indigenous rights continues during the period after passage of the declaration. As well, indigenous rights are not simply “human rights”; rather, they are a complex set of rights that can impact a broad swath of other legal doctrines. Intersections of indigenous rights with laws regarding economic development, the environment, and land claims can give rise to new interpretations and understandings of the impact of indigenous rights. While the four “no states” might be what most readily comes to mind when thinking about where many indigenous peoples live, indigenous peoples are, in fact, scattered throughout the world, including Europe. Research on indigenous rights is not carried out only from a legal perspective. Indigenous rights cover many different kinds of rights. Some have an emphasis in international law doctrines, such as the right to self-determination and issues about indigenous and tribal sovereignty. Other rights emphasize the importance of culture and heritage, and it can be useful to consider research in other disciplines, including history, political science, and anthropology. This article includes research and resources in related disciplines as well as legal research and law-based resources. (A note about language: American references to indigenous peoples are inclusive of the words “American Indian” or “Indian.” “Indian” is a legal term of art used in federal and state statutes. Indigenous peoples in the United States refer to themselves as “Indians” rather than Native Americans. For these reasons, where appropriate, the article makes use of the terms American Indian and Indian in preference to Native American. This usage may be confusing to non-American readers and so a clarification is offered).

Energy, Environment and Indigenous Rights: Arctic Experiences Compared

2015 ◽  
Vol 7 (1) ◽  
pp. 317-351
Author(s):  
Mauro Mazza
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Cultural Values ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Point Of View ◽  
The Other ◽  
The Arctic ◽  
Economic Activities

Indigenous peoples of the Arctic are currently faced with a dilemma. On the one hand, the preservation of their customs, the traditional lifestyles and cultural values is closely related to the maintenance of the environmental characteristics of the territories inhabited since time immemorial. On the other hand, the needs of the development of economic activities, represented primarily by the extraction of minerals and exploitation of energy resources, pose new challenges with respect to which the decisions are not taken – as is obvious – only by Arctic indigenous communities, and that may also be important for the natives as a chance to better their overall living conditions (in terms of labor, employment and education, for example). Arctic states have addressed these issues with different legal tools. The latter range from US land claims settlements to recognition of ‘ancestral’ and treaty rights in the constitutional order of Canada, to the creation of Sámi Parliaments in the Nordic countries, or the peculiar rules for the county of Finnmark in Northern Norway, approved in 2005, which give broad powers to the indigenous communities. In turn, the Greenlandic statute of autonomy in force since 2009 did not prevent tensions between the Inuit communities in Greenland and the Danish central authorities regarding the exploitation of natural resources and energy, including uranium. Less adequate, in comparison with the other Arctic states, appears the protection of Sámi in northern Russia, not so much in terms of regulation, but from the point of view of the effective application of existing rules. Anyway, useful legal instruments for effective protection of specific minorities represented by Arctic indigenous peoples can come also from the provisions of the international law of human rights, both that specifically dedicated to the natives and the rules of general human rights. In the light, therefore, of the tensions, but also the opportunities, offered by the exploitation of natural resources, the article examines the legal systems of the Arctic states, with particular attention to the situation of indigenous peoples.

scholarly journals Indigenous Nations’ Rights in the Balance

2014 ◽  
Vol 7 (1) ◽  
pp. 1-3
Author(s):  
Marcelle Burns
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Indigenous Nations ◽  
White Face ◽  
Indigenous Human Rights ◽  
The United Nations ◽  
United Nations Declaration

The United Nations’ Declaration on the Rights of Indigenous Peoples (2007) received a mixed reception. Some commentators viewed it as setting important normative standards for the recognition of Indigenous human rights within the international law framework, whilst others have been critical of the declaration for unduly limiting the nature and scope of Indigenous rights (Anaya 2004; Churchill 2011; Davis 2008; Moreton-Robinson 2011; Pitty 2001; Watson and Venne 2012). Indigenous Nations’ Rights in the Balance: An Analysis of the Declaration on the Rights of Indigenous Peoples by Charmaine White Face (2013) makes an important contribution to this debate by methodically charting the key changes made during the passage of the declaration through the United Nations process and highlighting the significance of these changes for the recognition and realisation of Indigenous rights.

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