The Self-determination of Indigenous Peoples and the Limits of United Nations Advocacy in Guerrero,Mexico (1998-2000)

This essay examines the visit to Mexico in February 2000 by Erica-Irene Daes, then chairperson of the United Nations Working Group on Indigenous Populations. I use the occasion of this visit to analyze the relationship between a regional indigenous organization in the state of Guerrero, the Mexican national state, and the United Nations within the larger context of the development of international law. I argue that the persistence today of a centuries-old bias in international law that privileges the "nation-state" and a related individualistic bias in the conception of human rights make UN support for indigenous self-determination highly equivocal. I begin with an examination of the Consejo Guerrerense and how its experience helps to illustrate the issues confronted by the indigenous rights movement in Mexico today. Then I provide background to place this movement and the United Nations in the context of the development of international and human rights law. The discourse of international human rights and the ways in which these rights are defined and advocated by the UN has serious limitations for Indians in Mexico. This is a cautionary tale about the real possibilities for social change in our global world.     

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.     

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.     

Subject to a new law: historicizing rights and resistance in Maya anti-mining activism

ABSTRACT

Since 2004, the Marlin Mine, located in North-west Guatemala, has produced conflict between Goldcorp, the Guatemalan state and the primarily indigenous Mayan communities affected by the mine. This conflict has generated local anti-mining movements that organized community consultations which, grounded in indigenous rights law and Mayan decision-making practices, allow affected communities to decide whether or not to permit mining in the region. While communities resoundingly rejected open-pit mining, and while this decision received international support, the Marlin Mine continues operations. Drawing on field research and new developments in philosophies of rights, this paper makes two related arguments. First, Mayan anti-mining resistance must be situated within a broader colonial history defined by exploitation and primitive accumulation. Second, Mayan activism challenges current conceptions of the relationship between rights, cultural identity and political agency; most significantly, Mayans do not only claim rights on the basis of identity, they enact and politicize the form in which these rights potentially take place.     

Opportunities for transnational indigenous eco‐politics: the changing landscape in the new millennium

Abstract In the late 1980s, Amazonian indigenous peoples captured the imagination of northern policy circles and the larger public by strategically representing themselves as the solution to the environment‐development quandary. They accomplished this in part through linkages to northern environmental and human rights organizations. The formation of such transnational networks was made possible by a uniquely favourable cultural, political and economic climate that increased indigenous peoples’international visibility. Since that time, however, the landscape has changed and constricted earlier opportunities. Salient shifts include the ideological and financial polarization of the rainforest movement, a relative absence of Amazonian issues from international mass media and, overall, a devaluing of indigenous identity. The Amazon Alliance, a coalition formed out of a 1990 meeting between Amazonian indigenous groups and northern non‐governmental organizations, is the point of departure for a larger discussion of the changing landscape of opportunities for transnational indigenous eco‐politics.     

World War II and the development of global indigenous identities

The indigenous rights movement emerged in the last quarter of the twentieth century, establishing a newly conceptualized identity claimed not on the grounds of shared culture, language or ancestry but on shared experience as native peoples marginalized by colonial expansion. This article examines how the Second World War created conditions favouring the emergence of indigenous identity as a global concept. Using a comparative perspective, this paper considers two ways in which war conditions affected indigenous peoples: by highlighting issues of citizenship, loyalty and military service; and by altering how combatant powers evaluated indigenous cultures. While the experiences of particular groups varied widely, the wartime era focused attention on both policies of assimilation and assertions of distinctiveness, creating a fluid context for change. A global, comparative perspective offers insight into the role of the war era in understanding the relationship between indigenous activism and the international order.     

Violence against women: the international legal response

Violence against women has only recently become an international legal concern, because human rights law has been directed to protect men in their public lives. The failure of human rights law to protect women from gender-specific violence has occurred because much of the violence against women occurs in private and because cultural assumptions are used to justify the oppression of women. The silent nature of this violence has masked the reality of the international nature of the problem. Also, international law primarily regulates the behavior of states. Women have lobbied for recognition of the problem of violence against women within the UN agencies concerned with crime and those concerned with women's issues. It is illustrative of the marginalization of women's human rights issues that the international instrument which guarantees women's equality, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), was not drafted through the Human Rights Commission. CEDAW's Recommendation 19 directs the attention of states towards the elimination of gender-based violence, but the participation of the 139 states which are party to CEDAW is limited by reservations the states have attached to their participation. Wider commitment to the eradication of violence against women has been sought using other UN bodies, and, in 1993, the Declaration and Programme of Action of the World Conference on Human Rights called for the integration of women's human rights into all UN human rights activities, the General Assembly adopted the Declaration on the Elimination of Violence Against Women, and the Security Council of the International Tribunal was established to prosecute offenses committed in the former Yugoslavia, including rape. In 1994, the UN appointed a Special Rapporteur on Violence Against Women to provide a continuing focus on gender violence. These calls for the recognition of the human rights of women and girls must be reinforced by the Fourth World Conference on Women. Such international instruments will not change women's lives alone, however. Improvement in the status of women will depend upon education, support services, and training of public officials. While working for social change, activists must also work to insure implementation of the instruments governments have adopted.     

From Geneva to San José: The ILO standards and the Inter-American System for the protection of human rights

This article analyses how the Inter-American System for the protection of human rights has used ILO standards as a reference on matters relating to freedom of association and the rights of indigenous peoples. Having established the limits to their use, the authors also analyse how these standards have influenced recent Inter-American jurisprudence in relation to certain economic, social and cultural rights. They argue that such cross-referencing is both desirable and useful, since it allows the Inter-American bodies to base their arguments on the interpretation of specialized authorities, thereby reinforcing the credibility, normative legitimacy and universality of their decisions.     

Neoliberal discourses and ethnonormative regime in post-recognition Peru: redefining hierarchies and identities

ABSTRACT

This article analyses the impact of ‘recognition’ of cultural and ethnic diversity in Peru. It proposes that the rise of a new global ‘ethnonormativity’ – a regime to define and administrate cultural and identity differences, to establish boundaries between those who ‘are’ ethnic and those who are not, and to set rights and duties derived from identities – has had meagre effects in Peru. While the past decades have witnessed the emergence of Latin American political actors who regard indigenousness as their basic political identity, there has been no ‘emergence of indigenous movements’ in Peru. The discourses that highlight the importance of diversity have gained terrain – unsettling, to a certain extent, the narratives of assimilation through ‘development’ and mestizaje – and the Peruvian state has officially embraced ‘recognition’, including it in its official rhetoric and creating institutions to design policies to guarantee the rights of the indigenous and Afroperuvian ‘peoples’ (itself a label part of the language of multiculturalism). The state has also crafted a definition of ‘indigenous peoples’ and introduced ethnic variables in censuses and official statistics, thus being active in the production and regulation of subjects. Some civil society actors have also incorporated ethnic labels into their rhetoric to adapt to the global turn to identity politics. Peru remains, however, a fertile terrain for neoliberal policies and discourses of a different kind. A discourse that exalts ‘emprendedurismo’ (entrepreneurship) and states that success depends entirely on personal effort has become a new common sense, obscuring the structural inequality that has historically affected indigenous and Afroperuvian people. Extractivism continues to damage the environment and the rights of indigenous people, while the expansion of agribusiness in the coastal valleys of Peru keeps people – regardless of their ‘ethnic’ self-identification – in poverty and without basic labour and social rights. The article suggests that the ambiguities of the ethnonormative regime in Peru may serve as a diversion from structural issues in a context of neoliberalism and may re-elaborate racial hierarchies, racism and the narratives of mestizaje it allegedly opposes.     

Judicial Conceptions of Tradition in Canadian Aboriginal Rights Law

The concept of tradition has, historically, played a significant role in the anthropological understanding of indigenous peoples. Since the 1970s, it has also played a fundamental role in the judicial determination of aboriginal rights claims in Canada and other Anglophonic common law countries, such as Australia and the United States. In order for indigenous practices to be recognised and protected by these legal systems, those practices must be proved to be traditional. This paper offers a lawyer's analysis of the ways in which Canadian judges have interpreted and used the concept of tradition in aboriginal rights claims. It is hoped that this analysis will provide anthropologists with a greater insight into the thought and practice of an institution with which they are increasingly in contact, and stimulate them to engage critically with that institution in relation to the interpretation and use of such concepts as tradition.     

Fuck the law: decolonizing nomophilitis with the discourse of love

ABSTRACT

This papyrus questions the assumption that global cultures and especially Indigenous peoples are to be civilized and modernized by being subjected to the rule of European law, Euro Reschtaat, under racist, patriarchal imperialism as a result of centuries of dehumanizing conquest, genocide, slavery, apartheid and colonization. Giannacopoulos raised similar questions about how feasible it is to expect that the love of the law, nomophilia, would be the answer to the institutionalized racism-sexism-classism that Indigenous peoples and poor refugees face under settler colonialism? This papyrus raises the additional question of whether young people around the world are crazy for giving the middle finger salute to the empire of law or whether defiant Hip Hop artists may be expressing understandable decolonization discourse against legal imperialism without criminologists and legal scholars being aware.     

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.     

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.     

The needs of refugee women: a human-rights perspective

While the issue of giving women their human rights has been firmly placed on the agendas of international conferences, the plight of refugee women has gone largely unrecognized. Refugee women face rape, sexual abuse, sexual extortion, and physical insecurity. Such violations precipitate their flight, characterize their attempts to gain refugee status, and continue during their tenure in refugee camps, where they are excluded from positions of authority. Because the definition of refugees in the 1951 UN Convention Relating to the Status of Refugees omits sex as a grounds for determining refugee status or as a grounds on which it prohibits discrimination based on sex, the UN High Commissioner for Refugees decided in 1985 that such claims must fall under the classification of membership of a particular group. Unfortunately, agreement with this is discretionary for states. It has been argued that states which protect aliens from discrimination based on sex must afford the same privilege to refugees, but, again, such behavior is subject to debate. Concerns about the human rights of refugee women should be strengthened by being addressed in the existing framework of human rights conventions in international law, such as the Commission on the Status of Women and the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW). One recent advance in this area was the establishment of the Yugoslav and Rwanda War Crimes Tribunals which will investigate the sexual abuse of women during the armed conflicts. The issue of violence against women in every situation must remain on CEDAW's agenda. In addition, the Fourth World Conference on Women provides a welcome opportunity to place these issues in the forefront of global efforts to protect women.     

Who should be considered ‘Indigenous’? A survey of ethnic groups in northern Thailand

On 22 May 2014, the Thai military conducted a coup d’état and discarded the previous constitution. In April 2015, a new draft constitution was prepared. Although eventually rejected by the military, it represented an exciting moment for activists, as it recognized the existence of ‘indigenous peoples’ (referred to as chon pheun muang in the draft). This prompted us to conduct interviews in 2015–2016 with people belonging to four different ethnic groups and living mainly in Chiang Mai province, northern Thailand: the Lua, Khon Muang, Hmong, and Lisu, in order to determine their understandings of who should be considered ‘indigenous peoples’, and what rights should they have. The findings indicate that there is considerable variation amongst people regarding the meaning of the term ‘indigenous peoples’; who should be considered indigenous; and what rights those defined as being indigenous should be entitled to.     

The law of migrants

While it is acknowledged that international migration law is attracting increased interest, this law merely describes the conditions of admission, sojourn, employment, and exit of migrants, thus amounting in many respects to a restatement of the law of aliens considered in a different perspective. This article concentrates on the humanitarian aspects of migration law, in an attempt to determine the possibility of joint promotion and dissemination of human rights, international humanitarian law, refugee law, law of migrants, and relief law. Refugees are protected by a series of international legal instruments, both universal and regional, which are complemented, if need be, by resolutions of the competent bodies. 2 reasons why the law of migrants deserves to be highlighted and developed are: 1) we have seen that the characteristic aspects of migration are either ignored or only partially taken into account by existing law, and 2) it is important that individuals should be protected in every circumstance. There exists a relatively narrow basis for joint action; since this must be built on points of convergence, a preliminary step consists of identifying this common denominator. The forms which joint action may take can be less structured and reflected in the individual practice of each organization The sine qua non of successful joint action is an awareness of the enterprise's ultimate goal: to assure in every circumstance better protection for human beings, whatever their legal status may be.     

Human rights for women: battles of culture and power

In Africa, nongovernmental organizations (NGOs) focussing on human rights have mushroomed during the past 10-15 years, and, with several of these organizations run by and for women, it is possible to find free legal aid for women in almost every capital city. The collapse of the extended family and, thus, the framework for customary law has meant that women are faced with problems of maintenance and widows with problems of inheritance. Customary law and the protection it afforded women and children has also been weakened by a poverty-driven shift in urban areas from a focus on community support to a focus on individual survival. The vacuum left by this change in legal and social structure is being filled by the human rights NGOs. Paradoxically, in the face of such change, a static, communal, and neutral concept of "culture" was held out by African state representatives at the 1993 UN Conference on Human Rights to justify their opposition to the acceptance of the crosscultural legitimacy of human rights, especially for women. While these arguments were being aired at the Conference, African NGOs were vigorously using examples of the marginalization of women to promote the opposite view. The most important aspect of these conflicting views is which group has the most power and resources to voice its interpretation of the situation. With most African countries governed by a dual system of laws, customary law and common or civil law (left over from colonialism), human rights groups are working to instill human rights principles into common law through the ratification of international conventions. Thus, persons in need could be viewed not as victims but as individuals entitled to enforceable and universal rights. Misuse of the term "culture" can marginalize women even as it is being promoted as a protective device for women. A more useful view of culture is as something which transcends traditional boundaries and locates people and institutions in the global community where they are protected by the acknowledgement of their human rights.     

The local diffusion of international human rights norms – understanding the cities for CEDAW campaign

While the international human rights norm literature has revolved mainly around the diffusion and implementation of human rights at the national and global level, less is known how international human rights norms are adopted on the local level. To fill this gap, this article will focus on the Cities for Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) campaign which encourages cities in the United States to adopt ordinances incorporating principles set forth by UN CEDAW. This article will analyze how the Cities for CEDAW campaign frames international gender norms to make them relevant in local contexts. Drawing on original interviews with Cities for CEDAW activists, this article will further our understanding how local human rights activists can utilize international human rights treaties to integrate human rights norms on the local level.     

中东非政府人权组织的特征与挑战

20世纪七十年代末以来,中东地区人权语境逐渐宽松,颁布了各种伊斯兰特色的《人权宣言》,不同层次的人权组织在伊斯兰国家开展活动,这都为中东非政府人权组织的产生提供了理论和组织上的准备。非政府人权组织推动了中东人权观念和人权批判精神的成长,提升了中东各国政府对人权关注程度,并成为国际人权标准内化的重要媒介,缓解了社会内部的对立。"人权依赖综合症"影响到非政府人权组织的特征,人权组织多为社会精英阶层所领导,其活动多限于特定群体和地区。在现代社会,人权组织虽面临诸多挑战,但无疑已成为推动中东政治民主化和人权发展的潜在力量。     

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.