Indigenous Peoples, Consent and Rights: Troubling Subjects, 1st Edition (Hardback) book cover

Indigenous Peoples, Consent and Rights

Troubling Subjects, 1st Edition

By Stephen Young

Routledge

272 pages

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Hardback: 9780367344627
pub: 2019-12-19
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Description

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples.

The basic notion of FPIC is that states should seek Indigenous peoples’ consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognise it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and NGOs dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law – but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples’ rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples’ rights.

Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

Table of Contents

Table of Contents

Introduction

1: Troubling Subjects

2: The Emergence and Naturalization of Indigenous Peoples in International Legal Discourse

3: Defining Performances, The Problems and Promise of FPIC

4: FPIC as National Legislation: The Philippines, the B’laan and the Tampakan Mine

5: FPIC as International Human Rights Law: Australia, the Wangan and Jagalingou and the Carmichael Mine

6: FPIC as Regional Human Rights Law: The Inter-American Court of Human Rights and Indigenous Peoples

7: The Legal Performativity of FPIC

8: Insurrectionary Ends?

Reference and Bibliography

About the Author

Stephen Young works in the Faculty of Law at the University of Otago

About the Series

Indigenous Peoples and the Law

The colonial modalities which resulted in the pillaging of the ‘New World’ involved wholesale dispossession, genocidal violence and exploitation of their original inhabitants. It was not, however, until the latter part of the twentieth century that Indigenous peoples attained some degree of legal recognition. This book series focuses upon the manner in which Indigenous peoples’ experiences of law have been transformed from an oppressive system of denying rights to a site of contestation and the articulation of various forms of self-governance. Encouraging a range of theoretical, political and ethical perspectives on Indigenous peoples and the law, this book series aims to provide a comprehensive survey of the experience of Indigenous peoples and their changing relationship with national and international juridical frameworks.  

The series will include both monographs and edited collections pursuing variety a of perspectives – including, but not limited to, a concern with:

  • Law as a mechanism of power/knowledge: that is, the discursive and biopolitical strategies of Conquest, Settlement, and Empire – with a  particular interest in how the juridical was deployed to validate land appropriation in the ‘New World’ and European colonies. This might include consideration of the influence of the writings of Vattel, Blackstone, Sepulveda, Vittoria, las Casas and others in framing Indigenous populations and their lands as supposedly amenable to colonization.
  • The role of law in authorising oppression, dispossession and genocide in the colonial period, and how such juridical moments continue to shape relations between Indigenous peoples and the State. This might include consideration of: specific governmental policies and legislation that allowed for forced removal of Indigenous children; appropriation of Indigenous lands; the imposition of regimes of control through government reserves and missions; and/or the role of treaties in providing legal justification for the dispossession of Indigenous peoples.
  • Contemporary issues that confront Indigenous peoples in their dealings with law in the global present. This might include consideration of: disputes relating to resource extraction; access to justice and over-representation in the criminal justice system; cultural heritage and intellectual property claims; the recognition of Indigenous laws; land rights; the belated recognition of Indigenous rights in both ‘new’ constitutions and in international law; and/or sovereignty.

If you are interested in submitting a proposal for the series, please contact:

Mark Harris

The University of British Columbia

mark.harris@ubc.ca

or

Colin Perrin

Routledge

2 Park Square

Milton Park

Abingdon

Oxon

OX14 4RN

Colin.Perrin@informa.com

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW051000
LAW / International
LAW052000
LAW / Jurisprudence
LAW061000
LAW / Legal Profession
LAW101000
LAW / Essays
LAW110000
LAW / Indigenous Peoples
POL010000
POLITICAL SCIENCE / History & Theory
POL041000
POLITICAL SCIENCE / NGOs (Non-Governmental Organizations)
POL047000
POLITICAL SCIENCE / Imperialism
SOC002010
SOCIAL SCIENCE / Anthropology / Cultural
SOC062000
SOCIAL SCIENCE / Indigenous Studies