Moving human rights jurisprudence to a higher gear: rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (IACtHR)

Author(s):  
Lieselot Verdonck ◽  
Ellen Desmet
2018 ◽  
Vol 28 (1) ◽  
Author(s):  
Lindiwe Ndlovu ◽  
Faith Sibanda

Indigenous African societies have, for a long time, been using their knowledge for the betterment of their lives. They have also demonstrated an ability to manipulate their immediate or remote surroundings to live sustainably. Those who claim to fight for equal and human rights in Africa do so under the misconception that they, and the developing world, have historically and inherently violated, and continue to violate, human rights in numerous ways. While this might not be completely dismissed, there is a plethora of evidence from African folktales to demonstrate that Africans have not only respected human rights, but have also encouraged equal opportunities for every member of their society. This article cross-examines Ndebele folktales with the intention of demonstrating that African indigenous knowledge exhibited through folktales was a well-organised system, which ensured respect for human rights for all members, regardless of their physical or social stature. Central to this discussion are the folktales which focus on the role played by the vulnerable members of the animal community, who replicate their human counterparts. Folktales are unarguably a creation by the indigenes and emanate from their socio-political experiences, as well as their observations of the surroundings. This suggests that indigenous people already had an idea about human rights as well as the need for equal opportunities since time immemorial. 


Author(s):  
Giulia Sajeva

The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.


Author(s):  
Karen Fog Olwig

Karen Fog Olwig: When culture is to be „preserved“: perspectives from a West Indian research project At the same time as anthropology has begun to apply a more processual perspective to the study of culture as fluid and changing, many of the „fourth world“ peoples studied by anthropologists have become preoccupied with codifying their culture in the form of aboriginal, authentic traditions which can be preserved from change. This concem with cultural traditions is tied to the struggle for human rights by indigenous people. The concept of culture as unchanged traditions is not only in conflict with current anthropological thinking, it is also ill suited to the struggles of peoples who cannot claim this form of ancient indigenous status, but who nevertheless share with „fourth world“ peoples the same need to defend their cultural autonomy. Among this latter group is the people of the Caribbean, who are indigenous to Africa, but came to the islands as part of a process of colonization. This article is based upon a study of the difficulties faced by such a non-indigenous, but nevertheless „native“ community of several centuries standing, in their efforts to defend their cultural and economic autonomy. In the West Indian case modem anthropological theory and the population studied by anthropologists need not be in conflict.


2019 ◽  
Vol 06 (03) ◽  
pp. 446-465
Author(s):  
Imamulhadi Imamulhadi ◽  
Nia Kurniati

The Development Plan of Sibisa Lake Toba Tourism Area as The National Strategic Area for Tourism by performing a land conversion on protected forests and communal lands had stirred up a problem dilemma regarding the resistance from indigenous people around Toba Lake. It is crucial to be questioned, whether the conversion policy of protected forests and communal lands by the Indonesian Government to develop Sibisa Danau Toba Tourism Area is in accordance with related laws and regulations? As the answer, it can be concluded that the mentioned policy opposes: Article 18b of the 1945 Constitution; Article 15 of the Law of 2009 Number 32 on Environmental Protection and Management; Presidential Regulation Number 81 of 2014 on The Spatial Planning of Lake Toba Area; The Law of 1999 Number 39 on Human Rights; The Law of 2016 Number 6 on Village Government, and lastly, the United Nation Declaration on Human Rights of Indigenous People (UNDHRIP).


2019 ◽  
Vol 26 (3) ◽  
pp. 373-408
Author(s):  
M. Ya’kub Aiyub Kadir

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.


Anthropology ◽  
2018 ◽  
Author(s):  
Paulette F. Steeves

There are minimally 370 million Indigenous people in the world. The term Indigenous was not used to identify human groups until recently. Indigenous people are often identified as the First People of a specific regional area. Indigeneity as applied to First People came into use in the 1990s, as many colonized communities fought against erasure, genocide, and forced acculturation under colonial regimes. An often-cited definition of Indigenous peoples is one by Jose Martinez Cobo, special rapporteur for the UN Sub-Commission. Cobo’s 1986 report was completed for the United Nations Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention and Discrimination and Protection of Minorities, thirty-fifth session, item 12 of the provisional agenda, titled, “Study of the Problem of Discrimination against Indigenous Populations.” Cobo described Indigenous people, communities, and nations as groups that have a “historical continuity with pre-colonial societies” within territories they developed, and as communities that “consider themselves distinct from other sectors of societies” now in their territories. Cobo further stressed that Indigenous people and communities are minorities within contemporary populations that work to preserve their ethnic identities and ancestral territories for future generations. It is important to include displaced people whom prior to colonization identified with specific land areas or regional areas as homelands, as well as Indigenous communities that have for decades been in hiding in areas away from their initial homeland areas. Many descendants of Indigenous people were forced to hide their identities for their own safety due to colonization and genocidal policies focused on physical and cultural erasure. That does not make them non-Indigenous. It makes them survivors of genocide, erasure, and forced acculturation. Many Indigenous people are just coming to terms with the impact of ethnic cleansing and the work to reclaim and revive their identities and cultures. Indigenous is both a legal term, and a personal, group, and pan-group identity. Scholars have argued there are at least four thousand Indigenous groups, but that number is likely very low. Indigeneity is not as simple as an opposition to identity erasure or a push back against colonization. Indigeneity is woven through diverse experiences and histories and is often described as a pan-political identity in a postcolonial time. However, that can be misleading, as the world does not yet exist in a postcolonial state, despite ongoing concerted efforts by Indigenous people and their allies in political and academic spheres to decolonize institutions and communities. Diverse Indigenous communities weave Indigeneity through a multifaceted array of space and time to revive identities and cultural practices and to regain or retain land, human rights, heritage, and political standing.


Focaal ◽  
2019 ◽  
Vol 2019 (85) ◽  
pp. 37-50 ◽  
Author(s):  
Lindsay Ofrias ◽  
Gordon Roecker

This article examines how the world’s arguably largest oil disaster, in the heart of Ecuador’s Amazon rainforest, has become a testing ground for new global forms of corporate power and the criminalization of dissent. Following the ongoing “trial of the century” between Chevron Corporation and plaintiffs representing tens of thousands of smallholder farmers and indigenous people affected by the disaster, we look at how the Racketeer Influenced and Corrupt Organizations Act has been applied against the affected people and their lawyers to sidestep the norm of international comity and alter the parameters for pursuing environmental justice. Specifically, we point to how the case—and a new crop of cases following suit—has threatened to criminalize the use of “lawfare” as a “weapon of the weak.”


Author(s):  
Enyinna Sodienye Nwauche

This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and the recognition that customary law is a manifestation of the right to culture; an expanded understanding of the substantive content of the article 15(1) of the International Covenant for Economic, Social and Cultural Rights as part of the right to culture; and the recognition of the rights of indigenous peoples marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People. The paper demonstrates how a human rights regime may assist in overcoming some of the deficiencies in the national protection of expressions of folklore in Africa.


M/C Journal ◽  
2001 ◽  
Vol 4 (1) ◽  
Author(s):  
Paul Newman ◽  
Tseen Khoo ◽  
Kathryn Goldie

The issue of a national apology to the Stolen Generations by the Federal Government has for some time been central to cultural and political debate in Australia. Responses to the Bringing them Home report-the text that generated a national audience for narratives of child removal-including the mechanics of apology, have come to substantially generate the terms of the Australian reconciliation debate. The desire for the performance of official sorrow has come to dominate arguments about racial atonement to the extent, as several of our contributors note, that more material achievements may have been neglected. This is not to endorse Prime Minister Howard's prioritisation of 'practical' reconciliation, in which the only specific policy the government is prepared to advocate is the provision of basic rights to Indigenous people, but to recognise some of the limitations of the apology focus. The continuation of deliberations about whether or not non-indigenous Australians should express sorrow has the potential to feed into a lengthy history of anxious white Australian self-definition. Reconciliation, and the sorrow which may or may not constitute it, therefore becomes the latest in an endless series of attempts to ascertain Australia's national identity - this time informed by a moral responsibility for historical wrongdoing. In his article, Jen Kwok suggests the potential for the concept of reconciliation to become safely amorphous, expressing the fear that an interest in reconciliation can be acquired for the sake of appearance. In this way, the narrative of a nation reconciled through a governmental process helps to inform ongoing constructions of whiteness. While Australia's initial ten-year period of reconciliation has officially ended, the issue of a Federal Government apology has not. Prime Minister Howard's version of an apology-the personal sorrow that never becomes official-seems part of the conservative parties' deliberate obfuscation of the importance of official recognition of indigenous concerns, in the same way that a treaty is dismissed as unnecessary. In this issue, Lynette Hughes takes the conservatives' refusal to acknowledge the need to apologise as a starting point for deliberations on the worth of the concept, with a timely focus on Pauline Hanson's unapologetic re-entry onto the centre of the political stage. If Hanson's emergence in 1996 was notable for her grouping of otherness-'Aborigines' and 'Asians'-as threat, this was a simple identification of two forms of difference, in indigeneity and non-white migration, that have been historically constructed as imperilling white Australia. Guy Ramsay takes up an historical connection between two such groups: Chinese and Indigenous peoples of North Queensland during the latter half of the nineteenth century. This community of Others was seen as a significant threat to the 'codes' and 'norms' of white behaviour, as legislation was introduced to restrict the immorality and vice necessarily attached to racial mixing. In our feature article, Peta Stephenson also analyses the reasons why the common experience of Australian racism by immigrant and Indigenous people has not forged significant bonds between the two groups. Beginning with a letter written by members of the Vietnamese community in response to the Federal Government's ongoing refusal to apologise to the Stolen Generations, Stephenson traces some of the current reasons for the lack of interaction between those theorised as Other in settler-indigene and Anglo-Ethnic conceptions. Despite, or perhaps because of, the historical proofs of the mistreatment of migrant groups, there is reason to suggest continuity in the behaviour of settler nations towards non-white peoples. Rita Wong's examination of the Canadian government's treatment of recent refugees to Canada provides similarities with Australia's own human rights record in this area. This impulse to criminalise refugee seekers is certainly one shared by both nations. The racialisation of the refugees in the media and government rhetoric implies that the persecution of Asians in Canada is not only an historical event. A further relevant international comparison to the Australian situation is evident in South Africa, where issues of reconciliation and apology for historical misdeeds have gained great societal prominence. Despite the limitations of South Africa's Truth and Reconciliation Commission, there was an intimacy to the discourses of apology made possible by the presence of 'perpetrator' and 'victim' in the same room: institutional space was provided by the Commission for the confessions of the perpetrators of human rights violations. These personal reconciliations intensify the focus on the apology to the 'victims' of human rights violations, and emphasise the personal accountability of those who perpetrated such acts. From her article on the workings of the South African Truth and Reconciliation Commission, Andie Miller's conclusion suggests that the official impulse to reconcile-a feature of both Australia's and South Africa's version of national redemption-cannot produce results that are acceptable to all elements of society. Likewise, an emphasis on personal investment in an 'apology' is apparent in the contributions of Kwok and Hughes in this issue. Even now, the reconciliation issue remains the locus of much angst and self-reflection. Having a gathering such as Australia Deliberates: Reconciliation for the 21st Century -- which was screened mid-February 2001 by the ABC -- aptly demonstrates the range of complex societal changes which need to take place. More to the point, the concept of reconciliation must move, as Jackie Huggins argues, from being a deed to becoming a plan ("Australia Deliberates"). References "Australia Deliberates: Reconciliation for the 21st Century". ABC. 17 February 2001.


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