Cambridge Catalogue  
  • Help
Home > Catalogue > Indigenous Rights in the Age of the UN Declaration
Indigenous Rights in the Age of the UN Declaration

Details

  • Page extent: 370 pages
  • Size: 229 x 152 mm
  • Weight: 0.49 kg

Paperback

 (ISBN-13: 9781107417014)

Indigenous Rights in The Age of The UN Declaration
Cambridge University Press
9781107022447 - Indigenous Rights in The Age of The UN Declaration - Edited by Elvira Pulitano
Index

Index

Aboriginal and Torres Strait Islander Commission (ATSIC) 88 n 1

advocacy interventions 329–32

African Commission on Human and Peoples’ Rights 54

Agard, Michael Keoni 285

agroecological knowledge

See food sovereignty

Akaka Bill (US) 286, 323

alcohol abuse in indigenous communities 123–26

Alfonso Martínez, Miguel 67, 82, 186

Alfred, Gerald R. (Taiaiake) 57–58, 60, 88, 156–59, 158 n 13

Allen, Stephen 16

Almanac of the Dead (Silko) 241

American Indian, use of term 5 n 6

American Indian Movement 38–39

Anaya, S. James

application of UNDRIP in UN system 333

development of international law 254–55

on difficulty of the task 114

and evaluation of state conduct 43 n 74, 43–44

Hawaiians and international law 304–05

human rights approach 146–47

on importance of UNDRIP 2

imposition of statehood in Hawaii 315

individual/groups’ rights 8 n 12

and limited self-determination 81

NTER as incompatible with human rights and UNDRIP 133

self-determination, understanding of 13–14

self-determination and state sovereignty tension 8

on US attitude to UNDRIP 256–57

annexation charges at Peoples’ International Tribunal in Hawaii 312–14

anthropology, attitudes toward indigenous culture in 258–59

See also museum collections

Anzaldúa, Gloria 229–30, 236–37, 238, 239–40

Apio, Alani 282–83

archeology, attitudes toward indigenous culture in 258–59

See also museum collections

articulation theory 161–62

Assessing the International Decade: Urgent Need to Review Mandate and Improve the UN Standard-Setting Process on Indigenous Peoples’ Human Rights (Grand Council of the Crees) 330

assimilation

in Australia 127–29

effect of 38

Atkinson, Judy 111–12, 120

Aubid, Charles 307–08

Australia

Aboriginal and Torres Strait Islander Commission (ATSIC) 88 n 1

Aborigines’ relations to the land 201–02

assimilation in 127–29

cavalier commitment to human rights legislation 135

children, Acts, and policies regarding 94, 94 n 8–95

colonial nature of Acts and policies 87–88, 88 n 1

endorsement by 2, 40, 89–90

“Little Children Are Sacred” report 110–11

National Congress of Australia’s First People 88 n 1

non-binding, UNDRIP seen as 115

nuclear waste in 112

resistance to assimilation 128–29

UNDRIP as providing no risk to 89–90

uranium mining 112

See also Northern Territory Emergency Response (NTER)

awareness raising around land issues, need for 221–23

Awas Tingni decision 33, 53–54

Banyacya, Thomas 15

Barker, J. 158

Barlow, Maude 247

Barsh, Russel 255, 256

Bear Butte State Park 218

Behrendt, Larissa 113

Belgian thesis 77–78

Belize 54–55

bilingual education, scrapping of under NTER 131–33

biopiracy 237, 243–44

biotechnology

See genetic engineering of crops

Blaisdell, Kekuni 306

blood quantum distinctions

border-crossing rights in United States 176, 190, 196

Hawaii 281–83, 288, 310–12

Boldt Decision 234

Bolivia 25

“Bone Courts: The Natural Rights of Tribal Bones” (Vizenor) 272

border-crossing rights

blood quantum distinctions 176, 190, 196

context of treaties 185–88

domestic courts as unviable strategy 194

failure to ratify treaties 190–91

and indigenous political philosophy 179–82

intention of parties to treaties 185–90

Jay Treaty

as acknowledging rights 172

Canada’s interpretation of 177

conduct of parties following 188–89

custom as formalized by 188

defense of violations by United States and Canada 190–93

intention of parties to 185–90

problems encountered since 172–73

rights in 173–75

succession of treaties 190–91

US interpretation of 175–77

violation of 191

legislation 195–96

negotiation as strategy 195–96

next steps in defense of 193–97

political, economic, and social systems, right to 191–93

political strategy for defense of 194–97

protection of treaty rights 182

third-party treaty rights 182–85

and UN Declaration 178–79

violation of rights 189–90

Borderland/La Frontera (Anzaldúa) 230, 236–37, 238, 239–40

boundaries of countries 36–37

Bourke, L. 117–18

Brady, M. 124

Bruyneel, Kevin 156

Bureau of Indian Affairs (BIA) 213–14

Burns, Ken 206

Caldicott, Helen 112

Calma, Tom 115

Canada

border with United States

See border-crossing rights

children, Acts and policies regarding 94

endorsement by 41

Jay Treaty, interpretation of 177

negotiated agreements 66–67

opposition to implementation 7

suicide among young indigenous Canadians 133 n 33–134

support for UNDRIP 2

treaties with indigenous peoples 65

Carcieri v. Salazar 215

Cartagena Protocol 249

Ceremony (Silko) 262

Chandler, M. J. 133 n 33–134

Charters, Claire 1

Cherokee State

early formation of 148 n 8–149, 148–49

ethnobotany project 150–52

government–community tension 150, 152

modification of structure 149–50

relationships and redistribution of authority 152

Chesterman, John 127

children, rights of, and state power 94–95

Churchill, Ward 301, 303–04

citizenship of Kanaka Maoli 280–81

clean-slate doctrine 191

Clifford, James 161

closed fist, open hand, and food sovereignty 234–40

Clow, Richard 215

Coffey, Wallace 145

collective rights 72–74, 95–96

See also individual/peoples’ rights

Colombia, support for UNDRIP 41

colonialism

as continuing under UNDRIP 88–89

culture of 99–103

colonization

acts of resistance 145

as cause of dysfunction 116–20, 133

references in Draft Declaration 91–92

salt-water doctrine of 70, 78

sexual violence in indigenous communities 121–23

violations of and museum collections 260–61

commercialization of seed resources 234–40

Committee of Twenty-Four 316

communication technologies 33

conquest archeology 258–59

consent to measures 61–62

conservation, mismatch in worldviews 204–08

constructive engagement 163

context of treaties 185–88

Copway, George (Kah-ge-ga-gah-bowh) 202

corn, story of 228–30

See also food sovereignty

Corntassel, Jeff 253–54

Corrigan, Philip 153

Covenant Chain 180–81

Cowlishaw, Gillian 117, 128–29

Coyote and the ducks story 27, 253

Crippa, Leonardo 165

Crossbloods: Bone Courts, Bingo, and Other Reports (Vizenor) 261–62

crossing rights

See border crossing rights

culture

bilingual education, scrapping of under NTER 131–33

of colonialism 99–103

education in 101–03, 291

genocide of 319–21

Hawaiian 277, 289

need to take perspectives into account 4

relativism and human rights 255–56

rights to

institutions and systems 50

within legal framework 62

positive measures to protect 49–50

treaty provision supporting 48–49

in UNDRIP 47–48

safeguarding diversity under UNDRIP 10

sovereignty as based on 50

stories as central to 262

Daes, Erica-Irene 40, 308

Dakota philosophy and prophecy 203

dance as part of People’s International Tribunal in Hawaii 301, 306–08

Dawes, James 252

Dead Voices (Vizenor) 264–65

decision-making

limitations on 46–47

respecting 34

structures and functions of 45–46

Declaration of Atitlán 232–33

Declaration on the Rights of Indigenous Peoples (UNDRIP)

See UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

decolonization

and self-determination 35–38, 77–78

self-determination as justification for 76–77

Deloria, Vine, Jr. 17, 34, 57, 200, 220–21, 223, 269

discrimination in self-determination 81–82

Dodson, Mick 115, 132–33

Dodson, Patrick 118, 127

Dongoske, Kurt 258

Donnelly, Jack 255–56

Dowie, Mark 221

Draft Declaration on the Rights of Indigenous Peoples

changes made to 89, 91

children’s rights 94

colonization references 91–92

cultural education 101–03

culture of colonialism 99–103

French translation of 82–83

and genocide 96–97

individual/peoples’ rights, changes regarding 93

initial stages 90

move from Geneva to New York 90–91

recognition of connection to land 101

territorial integrity of states 103–04

See also UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

Dudley, Keoni Kealoha 285

economic systems, right to 191–93

education

around land issues, need for 221–23

bilingual, scrapping of under NTER 131–33

cultural 101–03

Hawaii 291

as key in implementation 26

rights to 48

Eide, A. 73

environmental ethics

Hawaii 289, 291

mismatch in worldviews 204–08

equality, discourse of in NTER 118–19

ethnobotany project in Cherokee State 150–52

ethnocide charges at People’s International Tribunal in Hawaii 317–21

Eurocentric nature of dominant state law

Article 40 of UNDRIP 12

need to move beyond 12–13

evaluation of state conduct as a result of UNDRIP 42–44, 43 n 74

extreme sports 219–20

Fanon, Franz 314

Fegerstrom, Hank 317

Fernández de Kirchner, Cristina 295

Fight Back (Ortiz) 228

Fleras, A. 156

food sovereignty

affirmation of rights by UNDRIP 233–34

agroecological knowledge 235–36

alliance-building 241

biopiracy 237, 243–44

Boldt Decision 234

commercialization of seed resources 234–40

corn, story of 228–30

Declaration of Atitlán 232–33

emergence into political debate 232–33

Free Trade Area of the Americas (FTAA) 246–47

genetic engineering of crops 237–38, 244–47, 318–19

Hawaii 317–19

literature, depiction in 235–37, 238, 239–40, 249

mother corn, migration of 234–36

open hand/closed fist 234–40

patenting of seeds 245–47

political act, food growing as 242–44

small-scale farming, loss of 239–40

Third Continental Summit of the Indigenous Peoples and Nationalities of Abya Yala 233

and UNDRIP 247–49

work with state institutions on 248–49

forums for indigenous peoples, lack of 105–08, 323–24

Foucault, Michel 154

Foxton, Justin 121

Free Trade Area of the Americas (FTAA) 246–47

From a Native Daughter (Trask) 307, 309–10

Fugitive Poses (Vizenor) 263–64

Fussell, Betty 234–35, 237–38

Gardens in the Dunes (Silko) 228, 236, 241–44

Geldens, P. M. 117–18

“General Provisions” of the Draft UN Declaration on the Rights of Indigenous Peoples (Grand Council of the Crees) 330–31

genetic engineering of crops 237–38, 244–47, 318–19

Geneva Declaration

See Draft Declaration

genocide

charges of at Peoples’ International Tribunal in Hawaii 317–21, 319 n 23

and UNDRIP 96–97

Genocide Tribunals (Vizenor) 1, 6, 307–08

geographical scale 145–46

Ghost Singer (Walters) 267

Gilmore, Melvin 202–03

Glancy, Diane 228, 235–36

Glenn, H. Patrick 6

Grand Council of the Crees, documents by 330–32

groups’ rights

See peoples’/individual rights

Guidelines on Indigenous Peoples’ Issues 333–34

Guswentah 180

Hagen, Robert 144, 162–63, 164, 216–17

Hall, Stuart 162

Hansen, T. B. 154

Harjo, Suzan Shown 260

Harold of Orange (Vizenor) 265

Haudenosaunee

as nation state 187–88

political philosophy of 180–81

See also Jay Treaty

Hawaii

Akaka Bill 286

annexation of by United States 277

annexation treaty 294

blood quantum distinctions 281–83, 288, 310–12

choices as important 293–94

consultation and cooperation 292

contemporary expressions of identity 279

cultural heritage 289

culture and identity 277

differing ideas of sovereignty 293

early descriptions of 277–78

education 291

environmental issues 289, 291

food sovereignty 317–19

Hawaiian Kingdom government 286–87

hope and support offered by UNDRIP 287–88

House Bill 2737 (United States) 276, 295

identity, impact of occupation on 281–83

individual/peoples’ rights 284

international arena, activity in 286–87

Joint Resolution 55 294–95

justice before reconciliation 296

Kanaka Maoli as unrecognized people 7 n 9

lack of faith in foreign governing bodies 284–85

land, importance of to identity 276–77

language 278–79, 291

limitations of UNDRIP 284–85

military activities by United States 292

minimum standards, UNDRIP as 292–93

modern sovereignty movement 285–86

nationality issue 280–81

political identity, development of 279–80

principles and potential of UNDRIP, importance of 257–58

religion and spirituality 290

reparations and redress 288–89

self-determination and identity 288–89

treaties and agreements 289–90

UNDRIP as affirming rights 295–96

UNDRIP’s influence on United States 287

US occupation as illegal 280–81

US refusal to sign UNDRIP 283–84

See also People’s International Tribunal in Hawaii

health of Kanaka Maoli 317–18

Henderson, James Sákéj Youngblood 17, 194

Henry, Gordon 267

Hia C-ed O’odham 229

Hinkson, Melinda 112–13

history of UNDRIP 90–91

Hokoana, Bernice 311, 317

Holder, Cindy 253–54

human rights

critique of UNDRIP based on 253–54

and cultural relativism 255–56

as diminishing collective rights 95–96

and indigenous rights, differences between 251–52

and indigenous states 159

individual, and the non-discrimination principle 71–72

individualistic nature of discourse 253–54

as inspiring indigenous peoples 6

self-determination as 78–80

understanding of 26

work on as storytelling 252–53, 263–64

Human Rights in Literary Studies (Dawes) 252

Hunt, Lynn 272

hybridization

See genetic engineering of crops

identity

See Kanaka Maoli, land, self-determination

Implementation of the Declaration on the Rights of Indigenous Peoples: Positive Initiatives and Serious Concerns (Grand Council of the Crees) 331–32

implementation of UNDRIP

challenges of 25–26

status of indigenous peoples 6–7, 7 n 9

in UN system 332–34

indian, use of term 5

indigenous (as term)

definition and criteria for 11

definition used in book 5 n 6

territorial reference 68

use of as qualifier 76

Indigenous Expert Mechanism 105, 107

Indigenous People in Indigenous Law (Anaya) 254–55

indigenous peoples

characteristics compared to minorities 68, 69

definition of expression 69–71, 91 n 8–69, 91–92

forums for, lack of 105–08

need to reclaim UN forum spaces 108

participation in international arena 14 n 21–15, 14–15

persistence of 33

reductionism over rights of 64–65

renascence of 38–39

self-determination for 80–81

Indigenous Peoples’ Restoration Network 223

Indigenous Peoples’ Right to Restitution (Grand Council of the Crees) 331

individual/peoples’ rights

changes from draft to UNDRIP 93

collective rights 72–74

culturalization of rights 67

defining “people” 74–76

Hawaii 284

and land, mismatch in worldviews 208–10

non-discrimination principle 71–72

peoples’ rights 74–76

and political status 145

reductionism of 64–65

self-determination as human right 79–80, 83

See also human rights, rights

inner worlds of indigenous peoples, need to respect 56–57

intellectual property rights 237, 245–47

Inter-American Commission on Human Rights 53–54

International Covenant on Civil and Political Rights (ICCPR) 48–49

International Covenant on Economic and Social Rights (ICESCR) 49

International Indian Treaty Council 39, 39 n 50

international indigenous movement

communication technologies 33

Hawaii 286–87

International Joint Commission (IJC) 195

International Labour Organization (ILO) Convention No. 169 51

international law

as effective instrument via UNDRIP 3–4

and Hawaiian people 304–05

importance of UNDRIP to, scholarly attention to 3

participation by indigenous peoples 14 n 21–15, 14–15

self-determination under 8 n 12, 8–10

shift in nature and direction of 6

International Law Association Interim Report 16

Inventing Human Rights (Hunt) 272

Ishi and the Wood Ducks (Vizenor) 266

Islands in Captivity: The Record of the International Tribunal on the Rights of Indigenous Hawaiians (Churchill and Venne) 301

Jackson, Moana 322

Jay Treaty

as acknowledging rights 172

Canada’s interpretation of 177

conduct of parties following 188–89

context of treaties 185–88

custom as formalized by 188

defense of violations by United States and Canada 190–93

failure to ratify 190–91

intention of parties to 185–90

problems encountered since 172–73

rights in 173–75

succession of treaties 190–91

third party rights 182–85

US interpretation of 175–77

violation of 191

Joffe, Paul 329–30

Johnson, George 268–69

Joint Resolution 55 294–95

justice

concept of in Maoli language 321

interpretation of concept 16–17

before reconciliation in Hawaii 296

Justice as Healing: Indigenous Ways (Henderson and McCaslin) 17

Ka Pakaukau 316

Ka‘eo, S. Kaleikoa 201

Kah-ge-ga-gah-bowh (George Copway) 202

Kame‘eleihiwa, Lilikalā 278–79

Kanaka Maoli

Akaka Bill 286

annexation of Hawaii by United States 277

annexation treaty 294

blood quantum distinctions 281–83, 288, 310–12

choices as important 293–94

consultation and cooperation with 292

contemporary expressions of identity 279

cultural heritage 289

culture and identity 277

differing ideas of sovereignty 293

early descriptions of society 277–78

education 291

environmental issues 289, 291

Hawaiian Kingdom Government 286–87

health of 317–18

House Bill 2737 276, 295

identity, impact of occupation on 281–83

international arena, activity in 286–87

Joint Resolution 55 294–95

justice before reconciliation 296

lack of faith in foreign governing bodies 284–85

language 291

language of 278–79

limitations of UNDRIP 284–85

military activities by United States 292

minimum standards, UNDRIP as 292–93

modern sovereignty movement 285–86

nationality issue 280–81

not seen as indigenous people 287

political identity, development of 279–80

religion and spirituality 290

reparations and redress 288–89

treaties and agreements 289–90

UNDRIP as affirming rights 295–96

UNDRIP’s influence on United States 287

as unrecognized people 7 n 9

US occupation of Hawaii as illegal 280–81

US refusal to sign UNDRIP 283–84

See also People’s International Tribunal in Hawaii

Kānāwai concept 306

Kauanui, Kehaulani 282, 283

Keeping Slug Woman Alive (Sarris) 262–63

Kessler, R. C. 125

Kickingbird, Kirke 57

Kidd, R. 121

King, Thomas 5, 26, 253, 261, 267–68

Kleindienst, Patricia 235

Kymlicka, Will 12

LaDuke, Winona 220

Lalonde, Chris 133 n 33–134

Lâm, Maivân 320

land

acquisition of under NTER 130–31

Australian Aborigines’ relations to 201–02

as basis for settler-state rejection of UNDRIP 162–63

Bear Butte State Park 218

charges at People’s International Tribunal in Hawaii 310–12

circumvention and misunderstanding of treaties 213–17

correction of issues 214–15

destruction of 203–04

dispossession of in Hawaii 309, 310–12

education and awareness raising, need for 221–23

explanation of US vote against UNDRIP 216–17

Hawaii, importance of to identity in 276–77

honoring rights of indigenous people to 33–34

ILO Convention No. 169 51

imperatives needed for change 220–21

importance of 50–51, 60–61

increasing recognition of rights to 51–56

indigenous relations with 201–02

and language of Kanaka Maoli 278–79

Mato Tipila 217–18

mismatch in worldviews

environmental ethics 204–08

individual rights 208–10

preservation and management of 210–12

student perceptions 222–23

survey of university students 209–10, 211–12

negative outcomes in US courts 215–16

Peoples’ International Tribunal in Hawaii 306

promise of Articles 25 and 26 220–23

prophecy of destruction of 203

recognition of connection to 101

reparations and redress in Hawaii 288–89

responsibility to 200

sacred sites on public land, access to 217–18

and spiritual relatives 202–04

territorial reference in “indigenous” 68

in UNDRIP 51, 212–13

wilderness 218–20

Lander, Joan 301

language

bilingual education, scrapping of under NTER 131–33

Hawaiian 278–79, 291, 320–21

Lawlor, Mary 15

LeBeau, Sebastian 269

legal domestication 67

legal framework, proposed 60–63

Lemkin, Raphael 319, 319 n 23

Lewis, Norman 254

lex loci principle 308

Light People, The (Henry) 267

Lindsay, R. H. K. Lei 286

literature

as central to culture and identity 262

food sovereignty, depiction of in 235–37, 238, 239–40, 249

human rights work as storytelling 252–53, 263–64

importance of perspectives of indigenous writers 5–6

responses to repatriation issues in 261–68

and sovereignty 271

“Little Children Are Sacred” report 110–11

locality principle 308

“Looking with Ben” (Northrup) 267

Lyons, Oren R., Chief 15, 181

Maaka, R. 156

Mabel McKay: Weaving the Dream (Sarris) 263

MacAfee, Kathleen 246

MacKenzie, Melody Kapilialoha 306

Macklin, Jenny 114–15, 119

Maidu Summit Consortium 215

mainstreaming of UNDRIP standards 43 n 74, 43 n 75, 43–44, 55–56

See also implementation of UNDRIP

Making the Declaration Work (International Working Group of Indigenous Affairs) 3

management of land, mismatch in worldviews 210–12

Manila Declaration 323–24

Martin, D. 124

Martínez Cobo, José 39, 91n8–69, 91–92

material culture

See repatriation and redress

Mato Tipila 217–18

Matsuura, Koïchiro 43

McCandless 174 n 8, 176

McCaslin, Wanda 17

McCue, June 58, 59–60

McNickle, D’Arcy 266–67

Means, Williams A. 15

media, rights to 48

mental health 125–26, 126 n 28, 133 n 33–134

Mexico

corn subsidies in 238–39

small-scale farming, loss of 239–40

military activities by United States on Hawaii 292

minorities/indigenous peoples, characteristics compared 68

“Mister Ishi: Analogies of Exile, Deliverance, and Liberty” (Vizenor) 265–66

Mitchell case 177

modern society, domination of indigenous life by 32–33

Mohawk, John 200

Momaday, Scott 270–71

Moniz, Melissa 309

Monroe, Dan 260

Moreton-Robinson, A. 158

Morris, Glenn 301–02, 306, 321, 322

Muir, John 205–06

museum collections

attitudes toward indigenous culture 258–59

attitudes toward repatriation and redress 259–60

irony inherent in 262–63

links to colonization violations 260–61

“Museum Indians” (Power) 267

Mushita, A. 244

music and dance as part of People’s International Tribunal in Hawaii 301, 306–08

Nabhan, Gary 229, 235

narrative

See literature

nation states 155, 187–88

National Congress of Australia’s First People 88 n 1

national minorities, UNDRIP as powerful instrument for 11 n 18, 11–12

national parks in United States 206

nationality of Kanaka Maoli 280–81

nations

indigenous

status of as below states 144–45

as “wards” of the state 155

states/nations distinction 155

widespread appropriation of term 166

Native American, use of term 5 n 6

Native American Graves Protection and Repatriation Act (NAGPRA)

as based in Western ideology 253–54

compared to UNDRIP 250–51

negotiated agreements 66–67

Nersessian, David 320

New Zealand, support for UNDRIP 2, 40–41

Newhouse, George 135

Newlands Resolution 312 n 15, 312–13

Nicaragua, Awas Tingni decision 53–54

Nietschmann, Bernhard 155

Niezen, Ronald 159

non-discrimination principle and individual human rights 71–72

North American focus of this collection 6–8

North American Free Trade Agreement (NAFTA) 238–39

Northern Territory Emergency Response (NTER) (Australia)

alcohol abuse as lack of moral responsibility 123–26

assimilation in Australia 127–29

bilingual education, scrapping of 131–33

cavalier commitment to human rights legislation 135

colonization as cause of dysfunction 116–20, 133

continuing violation of rights under 129–33

discursive strategies behind 116–20

dissonance between home/abroad perceptions 114–15

dubious motives behind 110–12

dysfunction seen as community’s fault 116–20

egalitarianism discourse 118–19

extension of policies of 113–14

as incompatible with human rights and UNDRIP 134–36

lack of consultation 112 n 5

land acquisition under 130–31

legislation in 94 n 8–95

mental health 125–26, 126 n 28, 133 n 33–134

motivation for 126–27

opposition to 115–16

Racial Discrimination Act, suspension of 113

racism, increase in 125, 125 n 27–126

resistance to assimilation 128–29

sexual violence in indigenous communities 121–23

source of legitimacy of 129–30

undermining of communal ownership as aim 130

Northrup, Jim 267

NTER

See Northern Territory Emergency Response

nuclear waste in Australia 112

nutritional sovereignty

See food sovereignty

OAS

See Organization of American States

O’Brien, Sharon 195–96

O’Neill, Colleen 161

open hand/closed fist and food sovereignty 234–40

oral testimony

as admissible evidence 5–6

as part of People’s International Tribunal in Hawaii 306–08

stories we choose to believe 27

See also literature, stories and storytelling

Organization of American States (OAS), perspective of 165

Ortiz, Simon 228

Osorio, Jon 283, 293

Other Words (Weaver) 261

Owens, Louis 219, 267

ownership of material culture

See repatriation and redress

Pacheco, Amanda Mae Kāhealani 287

Pacific Forest and Watershed Lands Stewardship Council 214–15

patenting of seeds 245–47

peoplehood

defining 74–76

and self-determination 76–77

peoples’/individual rights

changes from draft of UNDRIP 93

collective rights 72–74

culturalization of rights 67

defining “people” 74–76

Hawaii 284

and land, mismatch in worldviews 208–10

non-discrimination principle 71–72

peoples’ rights 74–76

and political status 145

reductionism of 64–65

self-determination as human right 79–80

See also human rights, rights

People’s International Tribunal in Hawaii

Akaka Bill (United States) 323

annexation charges 312–14

blood quantum distinctions 310–12

conduct of 305–06

in context of UNDRIP 323–24

film documentary 300–01

findings and recommendations 322

food sovereignty 317–19

genetic engineering of crops 318–19

genocide charges 317–21, 319 n 23

goal of 302

impact of 323–24

imposition of statehood charges 314–16

judges’ backgrounds 303 n 6, 303–04

justice, concept of in Maoli language 321

Kanaka Maoli law 305, 313–14

Kānāwai concept 306

land and water, importance of 306

land dispossession

charges of 310–12

evidence of 309

language, Hawaiian 320–21

law guiding 304–05

lex loci principle 308

music and dance as part of 301, 306–08

need for, international forum 323–24

physical health of Kanaka Maoli 317–18

power source of 302–03

records made of 300 n 2, 300–01

summary of 299–300

tourist industry, impact of 309–10, 317–18

Permanent Forum on Indigenous Issues (UNPFII) 15 n 22, 15–16, 105–06, 107

philosophy, indigenous political 179–82

physical health of Kanaka Maoli 317–18

places

See land

plant breeding

See genetic engineering of crops

political formations, indigenous

See states, indigenous

political philosophy, indigenous 179–82

political systems, right to 191–93

“Politics of Suffering, The” (Sutton) 129–30

Power, Samantha 319

Power, Susan 267

preservation of land, mismatch in worldviews 204–08, 210–12

psychological distress 125–26, 126 n 28, 133 n 33–134

Public Native America (Lawlor) 255

Puhipau 301

Pulitano, Elvira 264

Pushing the Bear (Glancy) 228, 235–36

racism

and alcohol abuse 125

increase in due to NTER 125, 125 n 27–126

Ray, Sarah 219

Red Earth, White Lies (Deloria) 269

redress

See repatriation and redress

reductionism over rights 64–65

Reflections on the UN Declaration on the Rights of Indigenous Peoples (Allen and Xanthaki) 3

Reisman, Michael 56–57

relatives, spiritual, responsibility to 200

religion and spirituality

Hawaii 290

relatives, spiritual, responsibility to 200

See also land, repatriation and redress

renascence of indigenous people 38–39

repatriation and redress

arguments to justify 268–71

attitudes toward 259–60

attitudes toward indigenous culture 258–59

critique of UNDRIP based on human rights 253–54

Hawaii 290

human/indigenous rights, differences between 251–52

human rights work as storytelling 252–53

literary responses to 261–68

merits of UNDRIP 254–57

NAGPRA compared with UNDRIP 250–51

opportunity presented by UNDRIP 272

and sovereignty 271

resources, natural

See land

Revolutionary Imagination in the Americas, The (Saldaña-Portillo) 238–39

Riddle of Human Rights, The (Teeple) 254

rights

collective 72–74

non-discrimination principle 71–72

peoples’ 74–76

three categories of 68

under UNDRIP 8–10, 329

See also human rights, individual/peoples’ rights

risk culture 219–20

Ritte, Walter 318–19

Robinson, Fiona 253

Roosevelt, Theodore 206

Ross, David 112

Rudd, Kevin 114

Rundle, G. 117

Saban, Sinem 112

sacred lands and places

on public land, access to 217–18

responsibility for 200

Sahlins, Marshall 160–61

Sai, David Keanu 280, 286, 287

Saldaña-Portillo, Maria Josephina 238–39

salt-water doctrine of colonization 70, 78

Sambo Dorough, Dalee 10, 10 n 15, 17, 26, 329–30

Samoa, support for UNDRIP 41

Sand People 229

Sarris, Greg 262–63

Sartre, Jean-Paul 303

Sayer, Derek 153

science, food

See genetic engineering of crops

Scott, James 153

seed resources, commercialization of 234–40

See also food sovereignty

self-determination

Article 3, UNDRIP 44

confinement to human rights framework 76

controversy over 74

and decolonization 35–38, 77–78

discrimination in 81–82

French translation of UNDRIP 82–83

Hawaii 288–89

as a human right 78–80

importance of UNDRIP 4–5

for indigenous peoples 80–81

under international law 8 n 12, 8–10

interpretation of concept 16–17

as justification for decolonization 76–77

limitations of 97–99

narrow understanding of term 13 n 20, 13–14

as part of legal framework 61

and peoplehood 76–77

restriction of rights 44–45

sexual violence in indigenous communities 121–23

Shaw, Barbara 129

Shiva, Vandana 237, 244–45, 246

Silko, Leslie Marmon 228, 236, 241–44, 262

Silvern, Steven 145–46

small-scale farming, loss of 239–40

social systems, right to 191–93

soft law 43, 43 n 76

Solonec, Tammy 135–36

song and dance as part of People’s International Tribunal in Hawaii 301, 306–08

sovereignty

abandonment of as goal 157

as based on culture 50

of Indian nations 186–88

indigenous conceptions of 57–60

interpretation of concept 16–17

limitations on decision-making 46–47

modern movement in Hawaii 285–86

paramountcy of state 103–04

and repatriation and redress 271

source of tribal 145

structures and functions of decision-making 45–46

third space of 156, 156 n 12, 164

use of term 34–35

See also food sovereignty, states, indigenous

Special Committee on the Situation with Regard to Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples 316

Special Rapporteur on the Rights of Indigenous Peoples, role of 10 n 16

See also Anaya, S. James

spirituality

Hawaii 290

spiritual relatives and care of the land 202–04

See also land, repatriation and redress

standard-setting instrument, UNDRIP as 43 n 74, 43 n 75, 43–44, 55–56, 292–93, 328, 334–36

statehood charges at People’s International Tribunal in Hawaii 314–16

stateless nations, UNDRIP as powerful instrument for 11 n 18, 11–12

states

evaluation of conduct as a result of UNDRIP 42–44, 43 n 74

as final determiner 98–99

geopolitical definition 152

governmentality 154

as ideological constructions 153

indigenous

abandonment of sovereignty as goal 157

alternative modernities 160–61

Anaya on human rights approach 146–47

articulation theory 161–62

colonial interests still upheld by UNDRIP 147

constructive engagement 163

geographical scale 145–46

governance institutions 157

and international human rights law 159

nations/states distinction 155

as not nation states 155

OAS perspective 165

political status of indigenous peoples 145

source of tribal sovereignty 145

state-centric approach to rights 146–47

as states within states 155–56

status of domestic dependent nations 144–45

Taiaiake Alfred on 156–59

theory and practice of states 152–54

third space of sovereignty 156, 156 n 12, 164

and the UN 164–65

UNDRIP Articles 144

US positive moves 165–66

use of state structures 159–60

widespread appropriation of term “nation” 166

See under (Cherokee State)

and rights of the child 94–95

simplification/manipulation tendencies 153

territorial integrity of 103–04

theory and practice of 152–54

variation between 154

status of indigenous peoples and implementation of UNDRIP 6–7, 7 n 9

Stavenhagen, Rodolfo 1, 10, 332–33

Steiner, George 57

Stepputat, F. 154

stories and storytelling

as admissible evidence 5–6

as central to culture and identity 262

human rights work as 263–64

ones we choose to believe 27

responses to repatriation issues in 261–68

See also food sovereignty, literature

Story of Corn, The (Fussell) 234–35

Strehlow, T. G. H. 128, 132

succession of treaties 190–91

suicide among young indigenous Canadians 133 n 33–134

survey of university students 209–10, 211–12

Sutton, Imre 215

Sutton, Peter 126, 129–30

Svingen, Orlan 258, 259

technologies, communication 33

Teeple, Gary 254

terminology used in book 5 n 6

terra nullius, delegitimization of 41–42

territorial integrity of states 103–04

territory

See land

Third Continental Summit of the Indigenous Peoples and Nationalities of Abya Yala 233

third-party treaty rights 182–85

third space of sovereignty 156, 156 n 12, 164

Thomas, Nicolas 157–58

Thompson, C. B. 244

Tomblin, David 221

Tortolini, Rachel 317

tourist industry, impact of in Hawaii 309–10, 317–18

transgenics

See genetic engineering of crops

Trask, Haunani-Kay 257–58, 281, 284–86, 294, 296, 304, 306–07, 309–10

Trask, Mililani 8, 8 n 13, 304, 311, 312, 313–14, 315, 318, 321, 323, 324

treaties

circumvention and misunderstanding of 213–17

context of 185–88

custom as formalized by 188

failure to ratify 190–91

Hawaii 289–90

honoring of as within legal framework 62

importance of 65

indigenous peoples not party to 67

intention of parties to 185–90

legal status as parties to 81–82

protection of rights 182

provision supporting cultural rights 48–49

sovereignty of Indian nations 186–88

succession of 190–91

third-party rights 182–85

UN study 67, 186

UNDRIP as standard for 335

Vienna Convention 183, 184, 185, 185 n 74

See also Jay Treaty

tribal government

See under states, indigenous

Tribunal, The (Nā Maka o ka ‘Āina) (film documentary) 300–01

Truth about Stories, The (King) 253

Truth and Brightwater (King) 267–68

Tsing, Anna 156 n 12

Tsosie, Rebecca 145

Two Row Wampum

See Guswentah

UN Committee for Economic, Social and Cultural Rights 49

UN Declaration on the Rights of Ethnic or National, Linguistic and Religious Minorities 71–72

UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

adoption of 1–2, 40, 89–90

advantages of 105

advocacy interventions 329–32

aim of 327–28

application of in UN system 332–34

as binding on states 334–36

colonialism as continuing under 88–89

definition of indigenous peoples 105

development of 39–40

endorsements following adoption 40–41

French translation of 82–83

and genocide 96–97

Guidelines on Indigenous Peoples’ Issues 333–34

history of 90–91

importance of treaties 65

land in 51

legal impact of 41–44

notice given to indigenous peoples 89

principles and potential, importance of 257–58

racist perceptions of peoples dealt with during process 327

as result of indigenous advocacy 328

rights under 8–10, 329

as standard-setting instrument 43 n 74, 43 n 75, 43–44, 55–56, 292–93, 328, 334–36

three categories of rights 68

Universal Periodic Reviews (UPRs) 335–36

votes against/abstentions 40

See also Draft Declaration

UNDRIP

See UN Declaration on the Rights of Indigenous Peoples

UN Permanent Forum on Indigenous Issues (UNPFII) 15 n 22, 15–16

UN Working Group on Indigenous Populations 39–40, 90, 106

United Nations

application of UNDRIP in system of 332–34

and indigenous states 164–65

United Nations Development Group 333–34

United States

ambiguity in support from 7

blood quantum distinctions 176, 190

endorsement of UNDRIP 41

explanation of vote against UNDRIP 144–45, 216–17

government position on 2

Jay Treaty, interpretation of by 175–77

land as basis for UNDRIP rejection 162–63

military activities by on Hawaii 292

opposition to implementation 7

positive moves by 165–66

threat to US politics, UNDRIP as 164

US–Canada border (

See under border crossing rights)

Universal Periodic Reviews (UPRs) 335–36

universal succession 190–91

university students, survey of 209–10, 211–12

uranium mining in Australia 112

uti possidetis 36–37

Venne, S. H. 15, 301, 303–04

Vienna Convention 183, 184, 185, 185 n 74

Vizenor, Gerald 1, 5, 5 n 7, 6, 261–62, 263–66, 270, 271, 272, 307–08

Wallace, Henry 237–38

Wallace, Paul 14

Walters, Anna Lee 267

Wa Thiong’o, Ngugi 132

Weaver, Jace 252, 261, 268, 269–70

Western nature of dominant state law, need to move beyond 12–13

Western Shoshone, campaign by 33

White Path 148 n 8–149

Wiessner, Siegfried 2, 10, 16–17, 256–57

wilderness 218–20

Williams, Robert 259

Wind from an Enemy Sky (McNickle) 266–67

Womack, Craig S. 271

World Council of Indigenous Peoples (WCIP) 39

Yunupingu, Galarrwuy 129




© Cambridge University Press
printer iconPrinter friendly version AddThis