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Indigenous Rights in the Age of the UN Declaration

Indigenous Rights in the Age of the UN Declaration

Author: Dr Elvira Pulitano
Publisher: Cambridge University Press
ISBN: 9781107022447
Published In: May 2012
Format: Hardback , 368 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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