Human Rights

Indigenous Rights in the Age of the UN Declaration

By Dr Elvira Pulitano
Cambridge University Press May 2012

Specifications

ISBN-13
9781107022447
Publisher
Cambridge University Press
Publication
May 2012
Format
Hardback , 368 pages
Jurisdiction
International ? Countri(es) for reference only

Details

This examination of the role played by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in advancing indigenous peoples' self-determination comes at a time when the quintessential Eurocentric nature of international law has been significantly challenged by the increasing participation of indigenous peoples on the international legal scene. Even though the language of human rights discourse has historically contributed to delegitimise indigenous peoples' rights to their lands and cultures, this same language is now upheld by indigenous peoples in their ongoing struggles against the assimilation and eradication of their cultures. By demanding that the human rights and freedoms contained in various UN human rights instruments be now extended to indigenous peoples and communities, indigenous peoples are playing a key role in making international law more 'humanising' and less subject to State priorities.

• Explores current debates in indigenous studies and the intersection between indigenous rights and international law

• Offers a compelling account of the controversies surrounding the UN Declaration

• Examines the changing nature of international law as a result of new developments in indigenous rights

Table of Contents

Notes on contributors
ix
Acknowledgments
xiv
Indigenous rights and international law: an introduction
Elvira Pulitano
1
1     Indigenous self-determination, culture, and land: a reassessment in light of the 2007 UN Declaration on the Rights of Indigenous Peoples
Siegfried Wiessner
31
2     Treaties, peoplehood, and self-determination: understanding the language of indigenous rights
Isabelle Schulte-Tenckhoff
64
3     Talking up Indigenous Peoples’ original intent in a space dominated by state interventions
Irene Watson And Sharon Venne
87
4     Australia’s Northern Territory Intervention and indigenous rights on language, education and culture: an ethnocidal solution to Aboriginal ‘dysfunction’?
Sheila Collingwood-Whittick
110
5     Articulating indigenous statehood: Cherokee state formation and implications for the UN Declaration on the Rights of Indigenous Peoples
Clint Carroll
143
6     The freedom to pass and repass: can the UN Declaration on the Rights of Indigenous Peoples keep the US–Canadian border ten feet above our heads?
Carrie E. Garrow
172
7     Traditional responsibility and spiritual relatives: protection of indigenous rights to land and sacred places
Kathleen J. Martin
198
8     Seeking the corn mother: transnational indigenous organizing and food sovereignty in Native North American literature
Joni Adamson
228
9     “Use and control”: issues of repatriation and redress in American Indian literature
Lee Schweninger
250
10    Contested ground: ‘āina, identity, and nationhood in Hawaii
Ku‘Ualoha Ho‘Omanawanui
276
11    Kānāwai, international law, and the discourse of indigenous justice: some reflections on the Peoples’ International Tribunal in Hawaii
Elvira Pulitano
299
Afterword:Implementing the Declaration
Mililani B. Trask
327
Index
337

About the Author

Dr Elvira Pulitano
California Polytechnic State University

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