indigenous autonomy
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2021 ◽  
Vol 23 (2) ◽  
pp. 169-175
Author(s):  
Sakshi

The recent case by Girija Sámeby against the Swedish State, asserting its exclusive right to hunt and fish, has ignited many conversations. While the favourable treatment of the Sámi claim by the Supreme Court has elicited celebratory responses, the case has been considered a moment of reckoning for the broader Indigenous rights framework in Sweden. The initial claim by the Girija reindeer herding community that it had the exclusive right not only to hunt and fish but also to lease such a right to others has made its way to the Supreme Court and is now affirmed. Unsurprisingly, the court, faced with an unprecedented challenge of determining the remit of rights in the commercial realm, has fallen back on known doctrines, such as ‘immemorial prescription’, to resolve the case. Nonetheless, the underlying concerns for Indigenous rights over land, self-determination, sovereignty, and the postcolonial reconciliation process remain to be examined within and outside juridical spaces. Although recognition of Indigenous voice has witnessed some progress in the realm of the executive and the legislature, the judiciary is yet to develop a progressive jurisprudence concerning Indigenous culture, economic, and social rights. The Girija Sámeby case may well be the first of its kind where the judiciary is proactive in recognising the changing nature of Indigenous autonomy, self-determination, and economy.


Author(s):  
Kimiora Raerino ◽  
Alex Macmillan ◽  
Adrian Field ◽  
Rau Hoskins

In settler countries, attention is now extending to the wellbeing benefits of recognising and promoting the Indigenous cultural identity of neighbourhoods as a contributing factor to more equitable and healthier communities. Re-indigenisation efforts to (re)implement cultural factors into urban design can be challenging and ineffective without the leadership and collaboration of local-Indigenous peoples. Undertaken in Aotearoa New Zealand, Te Ara Mua — Future Street project, demonstrated that co-design has critical potential in the reclamation of Indigenous autonomy, increased local-Indigenous presence and revitalisation of cultural identity. Employing a Kaupapa Māori (Māori-centred) research approach, we focused on the workings and perspectives of mana whenua (local-Indigenous peoples) and community stakeholder engagement in Te Ara Mua. An Indigenous theoretical framework, Te Pae Mahutonga, was utilised in the data analysis to explore perspectives of Indigenous collective agency, empowerment, and wellbeing. Our research demonstrates that developing capacity amongst Indigenous communities is integral for effective engagement and that the realisation of autonomy in urban design projects has broader implications for Indigenous sovereignty, spatial justice and health equity. Significantly, we argue that future community enhancement strategies must include not only re-designing and re-imagining initiatives, but also re-indigenising.


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