Scales of Governance and Indigenous Peoples: 1st Edition (Hardback) book cover

Scales of Governance and Indigenous Peoples

1st Edition

Edited by Irene Bellier, Jennifer Hays

Routledge

300 pages | 6 B/W Illus.

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Hardback: 9781138944480
pub: 2019-09-03
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Description

This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples’ rights at multiple scales.

The adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007 was heralded as the beginning of a new era for Indigenous Peoples’ participation in global governance bodies, as well as for the realization of their rights – in particular the right to self-determination. These rights are defined and agreed upon internationally, but must be enacted at regional, national and local scales. Can the global movement to promote Indigenous Peoples’ rights change the experience of communities at the local level? Or are the concepts that it mobilizes, around rights and political tools, essentially a discourse circulating internationally, relatively disconnected from practical situations? To what extent are the categories and processes associated with ‘Indigenous Peoples’ an extension of colonial categories and processes, and to what extent to they challenge existing norms and structures? This collection draws together the work of anthropologists, political scientists and legal scholars to address such questions. Examining the legal, historical, political, economic and cultural dimensions of the Indigenous Peoples' rights movement, at global, regional, national and local levels, the chapters present a series of case studies that reveal the complex power relations that inform the ongoing struggles of Indigenous Peoples to secure their human rights.

The book will be of interest to social scientists and legal scholars studying indigenous peoples’ rights, and international human rights movements in general

Table of Contents

Table of Contents

Acknowledgements

Author Biographies

Irène Bellier and Jennifer Hays

Indigenous Peoples Rights : Global circulation, colonial heritage, and resistance.

 

Part One

Circulating between the scales: global, national, and local.

Chapter 1: Irene Bellier

Participation of Indigenous Peoples in Issues Affecting Them: A Matter of Negotiation at the United Nations

Chapter 2: Jennifer Hays

Defining the terms of Indigenous Peoples rights in Namibia: The role of the International Labor Organization

Chapter 3: Veronica González González

Indigenous peoples’ rights and policies: the role of the UN in Mexico

Chapter 4: Neal Keating

Traversing the Scales of Rights: Interventions from Indigenous Peoples of Cambodia at the United Nations

 

Part Two:

Colonial Heritages

Chapter 5: Stéphanie Guyon

Colonial Legacy and Public Policy: from primitive to indigenous in French Guiana (1930-present)

 

Chapter 6: Laurent Lacroix

Decoloniality Put to the Test: The Plurinational State of Bolivia

Chapter 7: Brian Thom

Leveraging International Power: Private Property and the Human Rights of Indigenous Peoples in Canada

Chapter 8: Martin Préaud

The Logic of Elimination in (Post-)Colonial Law: Indigenous Entanglements in the Kimberley region of Australia

 

Part Three

Resisting Processes of Invisibilization

Chapter 9: Leslie Cloud et Fabien Le Bonniec

Criminalization and Judicialization of Indigenous peoples’ rights in Chile: Current Dynamics

Chapter 10: Justin Kenrick

Burning a home that ‘doesn’t exist’, arresting people who ‘aren’t there’: A critique of eviction-based conservation and the Sengwer of Embobut forest, Kenya

Chapter 11: Charles Menzies et Caroline Butler

Redefining University Research Enterprises: partnership and collaboration in Laxyuup Gitxaała.

 

About the Editors

Irène Bellier, a senior research director at the CNRS (National Center for Scientific Research), is an anthropologist and teaches at the Graduate School of Social Sciences (Ecole des Hautes Études en Sciences Sociales, EHESS) in Paris. Since 2001, she has been studying the international movement of indigenous peoples and its interactions with the United Nations system. Since 2010, she has coordinated global and comparative research, first as the director of the project SOGIP Scales of governance: the UN, states and indigenous peoples; self-determination in the age of globalization (www.sogip.ehess.fr), for which she received support from an Advanced Grant of the European Research Council (ERC). She is currently coordinating the Thematic Research Network JUSTIP (Justice and Indigenous Peoples), supported by the CNRS and partner institutions (https://justip.hypotheses.org/). Her many publications on indigenous issues are available on the website http://www.iiac.cnrs.fr/article1295.html#autochtone

Jennifer Hays is an associate professor of social anthropology at UiT the Arctic University of Norway, in Tromsø. She has been working in southern Africa for over two decades, both as a researcher and as a consultant for community-based education and development initiatives, and on indigenous peoples rights projects in Botswana and Namibia. She has published extensively on the theoretical and practical issues at the intersections of development and indigenous peoples rights, and she recently founded the Research and Advocacy Group on Hunter Gatherer Education (https://site.uit.no/hg-education/). Jennifer was a member of the SOGIP research team, and is currently a member of the international thematic network JUSTIP.

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
LAW110000
LAW / Indigenous Peoples