Indigenous internationalism: native rights and the UN

Abstract

Since 1982, with the creation of the Working Group on Indigenous Populations, the UN has taken steps toward addressing the violations of indigenous human rights around the globe that have characterized the colonization of indigenous peoples by western nations since the 15th century. This article explores the question of whether actions taken by the WGIP and other UN bodies promise to relieve this legacy; or whether the UN, as the proper overseer of international law concerning human rights today, continues that legacy in revised form, as some analysts have claimed. A brief overview of positions taken by key figures in the history of international law concerning indigenous peoples since the early 16th century provides a background against which to compare the work of the UN. My conclusion is that while the UN has in some ways sustained the inherited order of neglect of indigenous rights, it has, more importantly, created openings which make it possible for indigenous peoples to assert their claims. While this is not a story of continuous progress, it does suggest that there is reason to respect the UN's efforts in this relentlessly neglected area of human rights.     

A New Chilean Migration Act: an Approach to International Standards

The current Chilean Migration Act is the oldest in South America. It was created under the paradigm of national security, not human rights, and today does not adequately serve a participating democratic state, active within the international community. The Chilean government will soon be moving to discuss in congress a new migration act. We want to emphasize that the government should not forget the importance of incorporating international standards of migration policy into the national sphere. Chile is part of the United Nations system and, as a participating member, ratifies all core human rights treaties. Given that the United Nations Human Rights Bodies have made recommendations about migration policy, it is essential that this discussion be brought to the attention of our governing officials. This article reviews the UN recommendations as a concrete approach to the implementation of international standards in Chilean migrant policy.     

Food Sovereignty and the Recognition of New Rights for Peasants at the UN: A Critical Overview of La Via Campesina's Rights Claims over the Last 20 Years

Abstract

This article explores how human rights framing by the transnational agrarian movement La Via Campesina (LVC) has evolved over the last 20 years. It discusses how the movement has worked towards institutionalizing new categories of rights, such as the ‘right to food sovereignty’ and the ‘rights of peasants’, thereby contributing to the creation of new human rights standards at the United Nations (UN). It also critically addresses some of the challenges the movement has been confronted with when framing its demands in terms of rights. Its overall argument is that LVC has managed to tap the potential of the rhetoric of rights to find common ground, thanks to its innovative use of non-codified rights. This has enabled activists to ‘localize’ human rights and make them meaningful to their various contexts. However, it contends that further advancing the movement's goals will require serious consideration of some of the key limits of the human rights framework.     

LGBTQI-identified human rights defenders: courage in the face of adversity at the United Nations

The role of LGBTQI human rights defenders in the international arena at the United Nations (UN) is a particularly risky and insecure one, especially for those who themselves identify as lesbian, gay, bisexual, transsexual, transgender, two spirit, queer, and intersex (LGBTQI). This article focuses on the anecdotal experiences of LGBTQI-identified human rights defenders and their work at the UN, observed and noted during a research study examining the degree of recognition and legitimacy LGBTQIs have at the UN. Much courage is required on the part of LGBTQI-identified human rights defenders who, while defending others in their communities, themselves face opposition from those within the UN who hold traditional, religious, and culturally based values, as well as a result of state sovereignty and state-sanctioned criminalisation of their gender and sexual diversity.     

Politics of Identity and Identity Policies in Europe: The Case of Peruvian Immigrants in Spain

The indigenous quest for self-determination is an attempt to give voice to local injustice in a universal language, and to make claims to difference via a right that applies equally to all peoples. This article explores recent developments in the transnational indigenous movement's struggle for the right of self-determination by pointing out that this polyvalence-like the indeterminacies of the concepts of "peoples" and "indigenous"-is a productive one that enables indigenous activists to make a unique intervention in international law. Their work aims at creating a new international legal personality based on collective rather than individual rights, and on an understanding of "peoples" as self-determining entities not necessarily aspiring to statehood. This new understanding hinges, in turn, on an emerging perception of the capacity to culture as a general human right. This article addresses recent anthropological texts critical of the transnational indigenous movement to show that the "self" in self-determination as articulated by indigenous activists is not only not accounted for and not protected under current international legal regimes, but is also "a self" through which radical claims to culture and territory are being made.     

Defending Diversity,Sustaining Consensus: NGOs at the Beijing Women's Conference and Beyond

SUMMARY

This article discusses access to and involvement of non-governmental organizations (NGOs) in the United Nations Fourth World Conference on Women held in Beijing, China, in September 1995. It also looks at the impact on consensus-building of the growing diversity of NGOs participating in these global UN events and at the effect on the international women's movement of the frustrations and difficulties faced in the follow up to Beijing as agreements have been reopened or rolled back. In this climate, women activists and feminist analysts are questioning the future viability of the United Nations as a political space for women's organizing, and under conditions of rapid globalization, are increasingly divided on strategies for implementation and activism.     

From multiple barriers to a co-prosperity society: the development of a legal system for disabled people in China

Abstract

The legal system for disabled people has progressed significantly since China’s government signed the United Nations Convention on the Rights of Persons with Disabilities 10 years ago. The newly released ‘New Progress in the Legal Protection of Human Rights in China’ has attracted widespread attention because it advocates that the protection of human rights for disabled people should be reflected not only in legislative and judicial aspects but also in administrative sectors and international affairs. This article explains that the legal system involving dozens of laws and decrees in China aims to break through multiple barriers experienced by disabled persons and is beneficial to building a co-prosperity society in China. With the vigorous development of the international disability rights movement, ways to seize domestic and international opportunities to build a disabled-friendly social atmosphere deserve additional research.     

Human Settlements and Urban Life: A United Nations Perspective

Abstract

Since 1978, the United Nations has formally recognized the important role of human settlements in reaching the goals set by the UN Charter. In 1978, following the first HABITAT Conference, held in Vancouver in 1976, the General Assemble established the UN Centre for Human Settlements. With the growing pressure of urbanization, the second and formative conference on Human Settlements was held in Istanbul in 1996. The documents for HABITAT II led, in 2002, to the General Assembly's expansion of UN – HABITAT into the lead UN Agency on issues facing human settlements, both rural and urban, with the clear recognition of the shift from rural to urban life and the increasing number of mega-cities, particularly in developing countries. This article samples the work and transition in the United Nations Centre for Human Settlement (UNCHS) from 1976 to the present.     

Analogue crisis,digital renewal? Current dilemmas of peacebuilding

ABSTRACT

The international architecture of peacebuilding and statebuilding, with the United Nations’ efforts central among them, is currently responding to a shift from ‘analogue’ to ‘digital’ approaches in international relations. This is affecting intervention, peacebuilding and development. This article analyses the potential that these new digital forms of international relations offer for the reform of peacebuilding – namely, the enhancement of critical agency across networks and scales, the expansion of claims for rights and the mitigation of obstacles posed by sovereignty, locality and territoriality. The article also addresses the parallel limitations of digital technologies, as well as the risk of co-optation by historical and analogue power structures, existing modi operandi and agendas of the United Nations, and other international actors. We conclude that though aspects of emerging digital approaches to peacebuilding are promising, they cannot yet bypass or resolve older, analogue conflict dynamics revolving around the state, territorialism, and state formation.     

Situating social work within the post-2015 Global Agenda

ABSTRACT

The launch of the post-2015 Agenda and its Sustainable Development Goals (SDGs) by the United Nations (UN) initiates a new set of global priorities to replace the Millennium Development Goals (MDGs). Over a three-year process, governments and civil society representatives at the UN planned and negotiated the post-2015 Agenda and a set of SDGs and targets. Unlike the MDGs which focused almost entirely on developing countries, the new agenda is intended to be universal and therefore applicable to Europe and North America. The goals address a wide range of issues including poverty and inequality, health, international trade, climate change and gender, with a strong emphasis on the environment. This article will provide an overview of the post-2015 process and explore the implications of this agenda for social work globally and locally. It will highlight areas of particular interest to the profession, especially prospects for addressing growing global inequality within and between countries, and concerns over the role of human rights protection. The advantages and limitations of linking social work’s global agenda to the new UN priorities will be assessed.     

Human Rights in the 20th Century

Summary

This article seeks to answer the question raised in its title. To that end, the evolution of the United Nations Universal Declaration of Human Rights is discussed in the context of lesbian and gay rights, internationally and in the United States. The political and psychosocial dynamics of homophobic hatred are addressed, including the correlation of human rights abuses to heterosexism and the denigration of the feminine. The article discusses institutionalized gay oppression that serves to deny human rights, demonizing gay and lesbian people to such a degree that hate crimes become feasible. Finally, the importance of the globalization of non-governmental organizations on behalf of LGBT human rights advocacy is stressed.     

Power,capital, and immigration detention rights: making networked markets in global detention governance at UNHCR

With the expanded use of immigration detention and migration management practices worldwide, detention has emerged as a key issue for United Nations and international human rights institutions. A growing international rights movement seeks to make the practice fairer and more humane, leading to the dominance of a mainstream detention rights agenda and counter‐hegemonic system of governance. Drawing on ethnographic fieldwork conducted in Geneva and elsewhere, this article examines the capital, knowledge, and technological expertise that went into the construction of UNHCR's Global Detention Strategy. I highlight the rational calculation undergirding this global detention rights agenda, including the transnational policy networks of NGOs, INGOs, and academics that facilitate the movement's moral authority and capitalist growth. Their practices have become powerful neoliberal development tools, which give veracity to human rights agendas and attract oppositionally‐figured abolitionist praxis.     

NGOs, Global Governance and the UN: NGOs as “Guardians of the Reform of the International System”

The role of non-governmental organizations (NGOs) in the United Nations (UN), as well as in world politics in general, is increasingly gaining the attention of scholars of international law, political science and social anthropology. Using extensive earlier research on NGO-UN relations and on the concept of global governance, it is concluded that although NGOs are becoming increasingly influential actors on the international arena, several problems impede their influence from growing within the UN. Once the inefficiencies of NGOs participation in United Nations’ bodies and institutions have been described, we propose some modalities of reform of this Organization, with the purpose of improving the involvement of world civil society in UN decision-making processes, and increasing its democratic profile. Finally, the study suggests several areas that require future research and more in-depth study in order to make predictions about how NGO-UN relations will evolve in the coming decades.

The Making of Vulnerabilities: Indigenous Day Laborers in Mexico's Neoliberal Agriculture

This article explores the linkages between representations of race, culture, and social structure in the San Quint’n Valley, Baja California, an area of northwestern Mexico that produces tomatoes for export to the United States using an indigenous migrant labor force. I focus on a day laborers' riot that took place in 1996. The press debate that followed the event exposed the articulation between local cultural images, social relations, and global political-economic processes. I argue that the modern agro-export sector takes advantage of and reshapes colonial and postcolonial caste-based social relations that are most likely associated with "tradition." The use of indigenous day laborers in segmented labor markets typical of "flexible capitalism" is interpreted locally as a return to the past. Contract farming, an arrangement between Mexican entrepreneurs and transnational corporations, creates some confusion. Some blame Mexican caciques (ruthless landowners), whereas others blame transnational firms for the exploitation of indigenous peasants. Those who blame caciques evoke images of backward Latin American regions that need to be modernized by the revolutionary state. Those who hold global corporations responsible interpret neoliberal agriculture as a return to the nineteenth-century Porfiriato, a period of foreign capital penetration in Mexico. Paradoxically, "modernity" is associated with revolutionary social justice as the ideals and values of the Mexican Revolution are being radically reworked by the introduction of neoliberal policies.     

Some reflections on contemporary writing in the indigenous languages of America

Abstract

This article surveys recent literatures in the indigenous languages of Latin America. The past decade has witnessed a continent-wide rise in indigenous-language publications – a rise calling for a reevaluation of the critical state of indigenous rights and language policies that was expressed in the context of protests around the quincentennial celebrations of Columbus' 'discovery' of the Americas. The new wave of indigenous literatures has arisen in the wake of dramatic acts of violence, such as military repression and neoliberal economic restructuring. However, the large-scale displacement of indigenous peoples that has resulted from these processes has also provoked a desire among indigenous writers to utilize print media in order to preserve knowledge and communal memory. Drawing on specific examples from contemporary indigenous poetry of Peru and Mexico, the article argues that indigenous literature challenges conceptions of indigenous expressive culture as inherently oral, traditional, rural, and communitarian.     

Intercountry Adoption

Abstract

In recent years, the practice of intercountry adoption is increasingly being debated within the context of human rights. Intercountry adoption raises many ethical and legal issues which are addressed in two international treaties: the Convention on the Rights of the Child, adopted by the United Nations General Assembly in 1989, and the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, adopted by the Hague Conference on Private International Law in 1993. This paper compares the international standards provided by these instruments and the way they are being interpreted by the Committee on the Rights of the Child, the official monitoring body of the Convention on the Rights of the Child. It also discusses some of the measures undertaken by a number of countries in different regions of the world.     

The convention on the rights of the child: A young legal regime for the world's youngest citizens

In November, 1989 the United Nations General Assembly adopted the Convention on the Rights of the Child. This international resolution seeks to safeguard the physical, social, cultural, and religious rights of children, and to establish a new legal regime for the protection of children's rights. This paper examines the legal foundations of the Convention relative to international law, the legal effect of a United Nations Convention upon nations, describes the main provisions of the Convention, and discusses the ratification and enforcement of the Convention.     

Child Care as a Human Right: A New Perspective on an Old Debate

SUMMARY

A range of international human rights documents recognize the importance of child care for both parents and children, including the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Covenant on Economic, Social and Cultural Rights. While domestic advocates within the United States have long argued for an expansion of government-supported child care, the significance of child care's status as an international human right has not been explored. In other nations, international law has played an important role in spurring governments to expand childcare services. Reframing the child care issue in the United States as a question of international human rights could be an effective way to enlist new allies, posit new paradigms, re-energize the child care debate and shift the domestic focus toward more progressive models.     

The multiplicity of Hawaiian sovereignty claims and the struggle for meaningful autonomy

Abstract

There are multiple Hawaiian political claims and entitlements. Is independence appropriate for Hawai'i? Is it appropriate for Hawaiians? These two questions are not one and the same. In the movement today, there are multiple levels of ambiguity about these two claims – the right to indigenous self-determination under US domestic law and Hawai'i's right to self-determination under international law – as evidenced in the strategic invocation of both. The persistent maintenance of the dual claim reveals a particular sort of political ambivalence having to do with the dilemmas over the exercise of sovereignty in the 21st century. This article examines two different claims – one which is specific to Hawaiians as an indigenous people subjugated by US colonialism, and the other which is not limited to the indigenous and focuses on the broader national claims to Hawai'i's independence. Within this latter arena, there are two distinct lines of political activism and legal claims – one that calls for de-colonization protocols and the other that calls for de-occupation.     

A Review of the Study of the Political Status of Indigenous Peoples in the Global Context

This paper reviews the literature examining indigenous peoples in the global community. Recent studies tend to focus on one of three themes: definition of indigenousness, relationships with the state, and the role of indigenous peoples in the international governing structure. This paper will examine each of these themes. I begin by exploring definitions of indigenousness, looking at the differing definitions employed by the international governing organizations, indigenous peoples, and the academic literature. In the next section, I explore the relationship between indigenous peoples and the state. The indigenous–state relationship is dominated by the influence of the state. Indigenous groups reject this dominance, seeking freedoms from the state, disputing land rights, and using the weight of morals to motivate the state. However, the state structure itself might enable indigenous groups to attain freedoms and rights. In the final section, I explore discussions of the role of indigenous peoples in the international community.