scholarly journals Replacing Rights with Indigenous Relationality to Reclaim Homelands

2021 ◽  
pp. 261-306
Author(s):  
Joshua L. Reid

Indigenous peoples have had and continue to have contested relations with protected spaces of nature, many of which nation states have carved from Indigenous homelands and waters. Usually in the name of the common good, governments and their officials prohibit or limit Native peoples from exercising their rights in these spaces. This gives rise to conflicts and tensions that emerge from a Western rights framework that white settlers and elites have used to prioritize the rights of nature over Indigenous peoples. This chapter seeks to provide some historical context for the way that three problematic and closely related “white-settler social constructs”—wilderness, preservation, and the ecological Indian—came to shape the emergence and management of protected spaces of nature, particularly under a Western rights framework. Overall, the chapter argues that a relationality framework offers an Indigenous-based counterpoint to the rights framework, in which white settlers and elites privilege the rights of nature over those of Native peoples.

2018 ◽  
Vol 19 (2) ◽  
pp. 403-434 ◽  
Author(s):  
Vlad Perju

It has become a standard critique of European integration that the upward transfer of sovereignty in market-related matters leads to the fragmentation of statehood between the supranational, European level and the largely incapacitated nation-states that retain jurisdiction over social and distributive policies. My article takes up this critique in the elaborate version of one of Germany's leading post-war constitutional theorists, Ernst-Wolfgang Böckenförde, whose approach has been influential in how German constitutionalism relates to the project of European unification. In this account, vertical integration uses law to sever economics from democratic politics, fragments the concern for the common good of citizens and undermines the unity of statehood. I contrast this account to instances of horizontal fragmentation of statehood, such as those underway in member-states such as Hungary or Poland where the nation state's constitutional structures are coming undone at the hands of authoritarian populists. The European Union's role of defending the rule of law within its constitutive states seeks to restore their normative integrity and, as such, is best understood as a role of verticalde-fragmentationof political and constitutional transformations at the domestic level. The question if statehood can be established at the European level gains greater urgency and complexity in light of these developments.


2009 ◽  
Vol 11 (1) ◽  
pp. 103-118 ◽  
Author(s):  
René Kuppe

AbstractIndigenous peoples experience three levels of injustice: they are the trans-generational victims of historic colonisation; they are politically disenfranchised and their cultural diversity is not officially recognized. Indigenous peoples struggle for the recognition of their specific rights in order to overcome the injustice they are currently experiencing. This article explains how the recognition of these rights conflicts with some of the basic principles of modern constitutional democracy: the declared equality of all citizens; the legitimization of the state for the common good of all and the legal fiction of one homogenous people making up the state.


2021 ◽  
Vol 24 ◽  
Author(s):  
Angela Mendes ◽  
Claudelice Santos ◽  
Edel Moraes ◽  
Sônia Bone Guajajara

Abstract This narrative is the result of the round of talks “Chico Mendes Vive”, held during the III Latin American Congress of Political Ecology. It is a living experience of four Amazonian women, Angela Mendes, Claudelice Santos, Edel Moraes and Sônia Guajajara, whose speeches emerge from the experience of indigenous, black, cabocla, agro-extractivist women, who make of their lives a struggle in defense of Mother Earth and of the “common good”, which aggregates, welcomes and feeds all the other forms of being in the universe. This narrative expresses the continuity of the re-existence of native and indigenous peoples, the reconnection of the peoples of the forest, water and countryside, through the legacy left by Chico Mendes, a son of the Amazon, who was assassinated for defending and fighting for life.


2013 ◽  
Vol 9 (4) ◽  
Author(s):  
The-Community-Informatics-Community . .

Effective use of the Internet will benefit everyone. Currently the benefits of the Internet are distributed unequally: some people gain power, wealth and influence from using the Internet while others struggle for basic access. In our vision, people in their communities and everywhere - including the poor and marginalized in developing and developed countries, women and youth, indigenous peoples, older persons, those with disabilities -- will use the Internet to develop and exercise their civic intelligence and work together to address collective challenges.


Author(s):  
Brendan W. Rensink

On July 27, 1882, a group of at least seventy-five “Turtle Mountain Indians from Canada” crossed the US–Canada border near Pembina, Dakota Territory, ordered white settlers off the land, and refused to pay customs duties assessed against them. “We recognize no boundary line, and shall pass as we please,” proclaimed their leader, Chief Little Shell. Native to the Red River region long before the Treaty of 1818 between the United States and Great Britain drew imaginary cartographies across the region or the 1872 International Boundary Survey left physical markers along the 49th parallel, Little Shell’s Chippewas and Métis navigated expansive homelands bounded by the natural environment and surrounding Native peoples, not arbitrary latitudinal coordinates. Over a century later, Indigenous leaders from the United States, Canada, and Mexico formed the Tribal Border Alliance and hosted a “Tribal Border Summit” in 2019 to assert that “Tribes divided by international borders” had natural inherent and treaty-bound rights to cross for various purposes. These Indigenous sentiments, expressed over centuries, reveal historic and ongoing conflicts born from the inherent incongruity between Native sovereignty and imposed non-Native boundaries and restrictions. Issues of land provide a figurative bedrock to nearly all discussion of interactions between and boundary making by non-Native and Native peoples in North America. Indigenous lands and competing relations to it, natural resources and contest over their control, geography and territoriality: these issues underpin all North American history. Adjacent to these more familiar topics are complex stories of boundaries and borders that were imposed, challenged, ignored, violated, or co-opted. Native histories and experiences at the geographic edges of European empires and nation-states uncover rough and untidy processes of empire-building and settler colonial aspirations. As non-Natives drew lines across maps, laying claim to distant Indigenous lands, they also divided the same in arbitrary manners. They rarely gave serious consideration to Native sovereignty or rights to traditional or evolving relationships to homelands and resources. It is a wonder, therefore, that centuries of non-Natives have been surprised when Indigenous peoples refused to recognize the authority of imposed borders or co-opted their jurisdictional “power” for their own uses. Surveying examples of Indigenous peoples and their histories across imposed boundaries in North America forces historians to ask new questions about intercultural exchange, geopolitical philosophies, and the histories of nations, regions, and peoples. This is a worthy, but complex, pursuit that promises to greatly enrich all intersecting topics and fields.


2019 ◽  
Vol 135 (3) ◽  
pp. 137-161
Author(s):  
Marcin Płotek ◽  
Marzena Przetak

The text concerns the names of Polish police forces, their symbols, semantics, etymology and the way they are written down (spelling). The article contains historical and linguistic content. The reconstruction of the Polish state in 1918 made it possible to establish the police as a typical organisation. The Seym passed an act establishing a new, uniform police force (the State Police) on 24 July 1919. It was the fi rst Polish police organisation to survive formally until 1944. In post-war Poland, the traditional functions (tasks) of the police were taken over (performed) by the Citizens’ Militia. Contrary to its own name, the militia did not have the status of civic activism for the common good, but was a state body, centralised, hierarchical, rejecting the principle of nonpoliticality and linked to the security apparatus. The modern police are the heir not only of the State Police, but also of all previous Polish police forces. To sum up, the article brings closer and commemorates the important moments of our history, giving an idea of the changing reality of everyday service and the role of police in the various forms of the political system.


1966 ◽  
Vol 28 (2) ◽  
pp. 129-143 ◽  
Author(s):  
Otto Pflanze

NINETEENTH-CENTURY Europe produced two major concepts for the reorganization of society: those of Marxian socialism and liberal nationalism. Each was regarded by its exponents as a liberating force. Marxian socialists wished to free mankind from the economic exploitation of the capitalistic system, while liberal nationalists wished to free the peoples of Europe from the oppression of authoritarian empires. Both had a strong admixture of utopianism. The socialists envisioned a classless society in which men would work in equality and harmony for the common good, while liberal nationalists envisioned a world composed of nation-states based on democratic constitutions. Both sought to banish war. To the socialists war was a function of capitalism and would disappear with its abolition. To the liberal nationalists war was the product of autocratic monarchical governments, whose liquidation would introduce a new era of international peace.


2011 ◽  
Vol 3 (1) ◽  
pp. 29
Author(s):  
Soili Buska

This essay will examine the process of boundary dispute and definition between Guatemala and Mexico after 1821. The disagreement and negotiations over limits between countries revealed the wide-reached interest in delineation of national territories, fundamental for the formation of independent nation-states. Several ideological and economic factors affected the dispute and the final boundary treaty between Guatemala and Mexico. An important ideological influence played the nineteenth-century romantic nationalism, which made the Creole elites to establish particular and unique national entities. Moreover, the worldwide drive to map the earth‘s surface by using tools of the modern cartographic science played an important role in the process of Mexican-Guatemalan boundary definition. The postcolonial expansion of agro-export economy in Central America, and especially the coffee boom starting in the Mexican southeastern and Guatemalan western borderlands from the second half of the nineteenth century onward became an economic stimulus for boundary definition process. This is the historical context, in which Mexican and Guatemalan elites were engaged in a long-running debate and negotiations over the common border.


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