国际法视野中的土著民族——土著民族普遍国际法的形成与发展

土著民族是当今世界上的弱势群体,其生存与发展权利受到广泛关注,从法律上对其进行保护也在不断完善。早在15世纪土著民族就已进入了国际法的视野,但当时传统国际法的领土取得理论却为欧洲殖民者侵占土著民族的土地提供了"合法"的外衣。第一个关注土著人的国际劳工组织制定了两个专门针对土著民族的具有国际法约束力的国际公约。二战后,在联合国体制下国际人权体系的迅速发展和完善为土著民族的权利提供了另一层面的国际法保护。由此,有关土著民族的普遍国际法得以形成。上世纪90年代来,国际社会的共同努力促使土著民族普遍国际法朝着深度和广度迈进。     

Immigration,anti-racism,and Indigenous self-determination: towards a comprehensive analysis of the contemporary settler colonial

ABSTRACT

Anti-racist attempts to conceptualize Indigenous decolonial justice are preoccupied with the contested relationship between immigrant settlement and Indigenous self-determination. In the process, an ethically and politically driven practice of implicating immigrants onto the settler colonial project has emerged. Paying particular attention to the emerging concept of ‘immigrant settlerhood’ as a sign of severing of political economic considerations from theories of settler nationalism, I advocate for a comprehensive and concrete analysis that does not lose sight of the capitalist colonial project of simultaneous dispossession (of Indigenous people) and precarious incorporation/resettlement (of immigrants). Next, since notions of sovereignty primarily enact the conditions for exploitation of immigrants and impale them onto the settler project via anti-racist claims, I propose ‘no border’ politics as a conceptual tool for confronting settler colonialism. Finally, considering the centrality of land/place in Indigenous self-determination, I reflect on the possibility of a ground between Indigenous rootedness and diasporic placelessness. This essay thus makes an attempt to conceptualize an anti-racist politics that could meaningfully respond to the settler-colonial project of simultaneous recruitment/resettlement (of immigrants) and dispossession (of Indigenous people) without casting social justice demands of Indigenous peoples and immigrants as inherently oppositional.     

Indigenous identity construction: enacted upon us,or within us

ABSTRACT

This commentary essay questions, theorizes, explores and grapples with the phenomenon of the creation of racial, social and cultural identity: in childhood as Native American identity is negotiated from others; and in adulthood as Native identity is constructed from within. ‘Indigenous Identity Construction: Enacted upon Us, or Within Us?’ is a commentary piece focused around Native American identity and how it is formed both through childhood and into adulthood. I analyze and interpret my experiences and understanding of my identity formation as an indigenous person- which usually is left out of the socio-political notions of modernity. Conceptualizations from ‘othering’ racial identities are discussed along with indigenous ontologies constructed within land and water. Through metaphorically revisiting past racializing incidents this piece continues working through the idea of othering and induction into whiteness in childhood, but also focuses on how indigenous identities might be constructed and sustained in adulthood. Efforts to model the indigenous assertion of self-determination and decolonizing the mind was used to re-present thoughts on the construction of Native American identity     

White Australian identities and Indigenous land rights

Land has been central to debates about the relationship between Indigenous (First Nations) and non-Indigenous Australian identities since colonial violence founded the nation. How do white Australians understand Indigenous land rights? This paper draws on an empirical ethnographic study with rural people who self-identify as ‘white Australian’ to analyze the key discourses of land, identity and nation and the complexities of how whiteness and race is socially produced and lived in rural Australia. The study found that white Australian discourses of nation and identity limit most of the respondents' ability to construct their identity in relation to Indigenous sovereignty.     

Navigations: Insularity versus Cosmopolitanism in the Bahamas: Formality and Informality in an Arichipelagic Nation

Bahamians have traditionally considered themselves as one people, despite the fragmentation of the territory they inhabit, and the porous nature of the islands' natural boundaries. Paradoxically, the inhabitants of the archipelago are far more cosmopolitan and globally integrated than their apparent isolation would suggest. This article looks at how variation throughout the archipelago makes the imagination of a single identity difficult. Issues of identity, for instance, are rendered fluid by the islands' separation from one another. Thus, the means by which identity is created and maintained, and the various symbols used to cognise, legitimise and incorporate this fragmentation into a consciousness of self, are both fluid. The following examples are used to show how Bahamians make sense of these paradoxes and so knit a common bond from the apparent fragmentation of their land: racial and ethnic identity, the manipulation of symbols such as 'family' and 'home', communication and discourse among the islands, and questions of national versus local politics.     

The National Identity of the 'Natives' of Poland's 'Recovered Lands'

Among the inhabitants of the formerly German territory that came under Polish administration following the Second World War, the Polish authorities and public expected to find both Poles and Germans: the former would be allowed to remain and the latter would be expelled. But the question of the national identity of the inhabitants of this territory proved more complicated than expected. Polish attitudes and policies toward those inhabitants initially considered Polish often had effects opposite of those intended. As a result, a substantial portion, perhaps even a majority, of those who had originally been seen as Polish either were expelled along with the Germans or claimed to be German and on that basis sought to emigrate to Germany.     

Everyday space,mobile subjects and place-based belonging in suburban Sydney

ABSTRACT

In the contemporary age of international migration, the mobilities of people into and out of cities are increasingly diverse. Correspondingly, it has been claimed that forms of belonging are becoming increasingly flexible, strategic and characterised by multiple place attachments. This paper examines these claims in empirical detail by investigating how different scales of belonging and mobility come together in the context of migrant incorporation processes in a hyperdiverse, transitional suburban locality in Sydney, Australia. Drawing on several migrant biographies, I flesh out the lived dimensions of mobility and emplacement and the various routes and roots that characterise cities of diversity. This article uses grounded portrayals of individual experiences of place and everyday mobility across a range of migration statuses and ethnic backgrounds to examine the spatial practices of belonging for mobile (and relatively immobile) migrant subjects in the city. As such, this work contributes to research that highlights the mutual constitution of place and movement, by considering the role of migrants in the everyday production of urban space.     

The emergence of Alevism as an ethno-religious identity

ABSTRACT

Alevism has been regarded as a contested identity which is difficult to define because of its ‘syncretic’ character. Attempts at definition have been overwhelmed by essentialist approaches as well as different political agendas since the fifteenth-century Ottoman period. This paper aims to trace the history of Alevism with a particular focus on historical sources such as the Velāyetnāmes and the organization of ocaks and dergahs. The paper argues that we shall see Alevism as an ethno-religious identity which is formed under different social conditions and emerged through the complexities of the organization of ocaks in a vast territory encompassing different ethnic groups.     

To see ourselves as others see us: identity and attitudes towards immigration amongst civic nationalists

ABSTRACT

This article examines how different conceptions of national identity can be linked to attitudes towards cultural pluralism. The tensions between more culturally pluralistic societies and sustained support for nationalism represent an important political issue in modern western European politics. Such tensions are of particular relevance for stateless nationalist and regionalist parties (SNRPs) for whom national/regional identity is a major political driver. This article empirically tests the relationship between different conceptions of national identity and attitudes towards cultural pluralism in two SNRPs—the Scottish National Party and the Frisian National Party. The article draws upon evidence from two unique full party membership studies and is supported with evidence from documentary analysis. A key finding is that the manner in which members conceptualise national identity has significant implications for their attitudes towards cultural pluralism, which has the potential of becoming a source of tension within SNRPs. A key implication of the article is that there is evidence that attitudes of general members and officially stated party positions and narratives diverge on issues relating to cultural pluralism and national identity. These tensions could potentially be harmful for the party's overall civic image.     

Pride and prejudice: opposing constructions of mixed race in Australia

ABSTRACT

In the Australian context, the development of a ‘situated politics of mixedness’ is complicated by the fact that there are (at least) two main categories of mixed race populations – the Indigenous and the migrant/settler. For those with mixed Aboriginal/non-Aboriginal ancestries, and those with mixed White and other migrant ancestries, life chances and identities differ significantly. This paper outlines some of these differences using the trope of pride and prejudice. For those of mixed migrant/settler heritage, evidence is growing that the mixed experience is predominantly one of pride. For them, misrecognition, or being asked about their racial background, is an opportunity for play, often resulting in ‘the big reveal’ of a valorised mixed identity associated with something other than a bland ‘white bread’ Australian-ness. For those of mixed Indigenous heritage however, there remains a significant level of prejudice, not (only) for being Aboriginal, but for not being visibly Aboriginal enough. Using existing studies and a number of media controversies as examples, this paper interrogates the implications of these differences for understandings of the ways in which race is recruited in the construction of legitimate identity claims. It asks particularly how ‘mixed race’ is helpful analytically to describe the identity constructions within these two very different experiences.     

National Rebirth as a Movie: Otto Preminger's Exodus

Although Exodus is not an Israeli film, it has become an inspiring model text for the heroic-nationalist genre in Israeli cinema. The promotion of Zionism as a liberation movement by Exodus was an imperative. When the film was released in 1960, the propagation of the myth of Palestine as 'a land without the people' prior to Zionist settlement was no longer tenable, thus creating a need to rewrite the history of the Palestinian-Israeli conflict for the international community and the American audience in particular. Following a long colonialist tradition, the film presents Zionism as fulfilling a 'civilising mission' with regard to the indigenous Arab population (the 'Canaanites' of the biblical narrative). To further strengthen this reading, the film shows that the native Arabs actually welcomed the Jews and even gave them the land of Palestine voluntarily as an act of gratitude for the progress they brought to this undeveloped corner of the world.     

The EC hotspot approach in Greece: creating liminal EU territory

ABSTRACT

This article makes a theoretical argument stemming from our study of the European Commission’s hotspot approach to the management of migrant populations. It draws on empirical research findings from field research which took place on the island of Lesbos and in the city of Athens over the course of 20 months and links these to emerging critical studies of the new EU border regime. No clear definition exists of what comprises a hotspot: instead, the European Commission describes this as an integrated ‘approach’ for the enhancement of the capacity of member states to deal with crises resulting from pressures at the Union’s external borders. Effective in its ambiguity, the ‘hotspot approach’ therefore constitutes, as we argue, an integral part of the Europeanisation and institutionalisation of border management: a powerfully ambiguous dispositif in the EU’s emerging border regime. The article unpacks the notion of the hotspot from a historical perspective and explores the ways in which the hotspot contributes toward the culmination of European integration, paving the way for the flexible governance of mobility and asylum. We situate the hotspot within the historical shift of migration and mobility control from the border to the territory as a whole and conclude by arguing that the hotspot plays the role of a territorial incubator for the liminal EU territory: a paradigmatic space for a new form of governance that further disentangles territory from rights.     

Real fake? Appropriating mobility via Schengen visa in the context of biometric border controls

ABSTRACT

Although the majority of illegalised migrants in the European Union are so-called visa overstayers who enter with a Schengen visa only to become ‘illegal’ once it has expired, this mode of illegalised migration has only received scarce attention in border and migration studies so far. This article takes the introduction of biometric visa as an opportunity to compensate for this neglect by asking: How do migrants appropriate Schengen visa in the context of biometric border controls? Drawing on the autonomy of migration approach (AoM), it investigates the visa regime from the perspective of mobility in order to elaborate on one set of practices of appropriation that involves the provision of falsified or manipulated supporting documents upon which the decision to issue a biometric visa is based. The article draws on this example to develop a conception of the notion of appropriation that addresses the two central criticisms which have been raised against the AoM. Besides contributing to the AoM’s development, the article thus introduces a concept in debates on migrant agency that highlights, better than existing concepts, the intricate intertwinement of migrants’ practices with the means and methods of mobility control.     

Making ethnic boundaries in the society of religious renaissance: Islam and everyday ethnicity in post-Soviet Tatarstan

ABSTRACT

This article investigates the conflict between closely intertwined specific ethnic and universal religious practices that affect the formation and maintenance of ethnic group boundaries in the society of simultaneous Islamic and ethnic renaissances: contemporary post-Soviet Tatarstan. I argue that the negotiation of this conflict produces both reinforcement and erosion of the titular ethnic group boundaries. I pay special attention on ethnicity performance and ethnicity consumption practices. Thus, I conclude that practices of performing and consuming ethnicity serve as effective mechanism of boundary formation not just between various ethnic groups in the multi-ethnic republic but also inside the group itself.     

Desire for the desert: racialising white teachers’ motives for working in remote schools in the Australian desert

Abstract

Distinct from rurality, the Australian desert has long functioned as a signifier of remoteness in the dominant imagination; a product of spatialised binary relations between ‘progressive’ (white) mainstream or idealised white countryside, and disordered/dangerous Aboriginal periphery. Remoteness constitutes a complex racial dynamic that has historically mediated white teachers’ and missionaries’ desires to travel to the social margins. This article adopts a discursive understanding of remoteness to examine contemporary white teachers’ decisions to work in Aboriginal schools in the desert – decisions that are often articulated through unwitting recourse to the ‘three Ms’ or ‘tourist’. The article explores these identity constructs and how they enable different performances of whiteness. It examines how white people’s desires are often covertly raced but does not however, position the teacher as a priori racist. Rather, desire is theorised as a social construct in which subjects invest, which may at times contribute toward processes of decolonisation. This rendering moves beyond a logic of individualism and underpins the argument that recognising how these dynamics play out is vital with respect to understanding the place of white teachers inside remote Indigenous Education. Moreover, such insights are valuable for appreciating how whiteness continues to be reproduced in White Australia under a guise of good intentions.     

Aussiedler and Ausländer:* Transforming German national identity

Abstract

I analyse the changing conceptions of German national identity since the idea was first articulated after the French Revolution. I distinguish between universalist concepts of national belonging and particularist ones, specifying at the same time their respective class articulations. Within this context, I address both historical and contemporary politico‐legal conditions for German citizenship. These conditions for German belonging entail differential treatment for ethnic Germans coming from beyond the borders of the German state (Aussiedler), whether West Germany before unification or united Germany since, and foreigners living under direct German jurisdiction (Ausländer). The claimed bases and inclusionary/exclusionary effects of these differentiations are interrogated, and their contemporary political implications assessed.     

The rise and fall of the ‘inner city’: race,space and urban policy in postwar England

ABSTRACT

In postwar England, the ‘inner city’ has loomed large in urban discourse and policy, serving as an important site through which ‘race’ has been rendered socially and spatially meaningful. Drawing on insights from history, geography and sociology, this paper traces the material and symbolic processes through which the ‘inner city’ has been the subject and object of socio-political knowledge and action. The article examines what shifting understandings of the ‘inner city’ and related policy responses reveal about the racialisation of space and bodies, and the role of the state in rationalising and enacting specific urban imaginings and interventions. In historicising dominant conceptions of the ‘inner city’, we identify three periods revealing key transformations within this formation: firstly, we consider how the idea operated as a spectre, in which the American ‘ghetto’ was seen as a predictor of ‘race relations’; secondly, we contend that during the 1970s and 1980s, the ‘inner city’ came to be ‘territorialised’ as a pathological, racialised space subject to particular modes of institutional regulation; finally, we examine the relative fragmentation of the ‘inner city’ in recent decades, through urban regeneration and changes in the spatialisation of ‘race’ and ethnicity.     

Between play and the quotidian: inscriptions of monstrous characters on the racialised bodies of children

Abstract

Despite critiques pointing out that racism has become normalised in early childhood settings, relatively little attention has been paid in such contexts to the everyday practices in which racial inequities are made. In seeking to interrogate the ways in which racism roosts in the routine, this article interrogates quotidian responses to children’s playful activity, drawing on data generated in an ethnographic study in a London-based nursery. The article argues that the imaginative characters players embody become ‘fixed’ on particular children – when these characters coincide with reified assumptions about the raced, classed, and gendered body – whilst serving as mobile resources for others. Such reification, which is a concentration of complex historic and contemporary social relations in the political economy, is not only harmful and unjust but limits understandings of racialisation and inequity.     

Adulteration of pure native blood by aliens? mixed race kapya in colonial and post-Colonial Myanmar

ABSTRACT

Colonization may be viewed not only as loss of sovereignty and territory but also of ‘purity’ of a native race to an alien power. After the British colonized Burma in the late nineteenth century, they brought in Chinese and Indians to the sparsely populated colony as labour for new administrative and economic activities. Intermarriage, mainly between native Burmese women and men of alien races – British, European, Chinese and Indian – was thus inevitable. Mixed-race peoples – kapya in Burmese – were then born out of these relationships, and their identities became a key political issue in colonial Burma. Importantly, all natives, foreigners, and kapya were British subjects at that time. Independent Burma from 1948 through 1962 was not expressly anti-foreigner/kapya; working to naturalize those who had overstayed or remained. However, the Ne Win government from 1962 through 1988 was openly against ex-foreigner and kapya citizens, passing a new citizenship act in 1982 to downgrade their citizenship to a second class tier. The Myanmar Citizenship Law (1982), which remains in force, has downgraded the legal, political and social stature of ex-foreigner and kapya citizens. A more problematic and racist term thway-nhaw or ‘adulterated’ race has come to the fore, being used in official law-like language in recent years and highlighting the racist roots of the Myanmar Citizenship Law.