The Indigenous Challenge to Westphalian Sovereignty

Indigenous peoples achieved a diplomatic success in 2007 when the UN General Assembly overwhelmingly endorsed the Declaration on the Rights of Indigenous Peoples. This paper analyses why this occurred, and assesses what the Declaration means for state sovereignty. It highlights two reasons why the Global Indigenous Caucus gained widespread endorsement for a Declaration that strongly affirms Indigenous self-determination. First, as a transnational advocacy network the Caucus used a boomerang pattern of lobbying, by engaging the support of powerful allies. Second, the Caucus understood that the concerns of African states about territorial integrity differed from the concerns of states like Australia about external scrutiny of human rights. The Declaration enhances the likelihood of such scrutiny without threatening the territorial integrity of states.     

Front and Back Covers,Volume 24, Number 2. April 2008

Front cover and back cover caption, volume 24 issue 2 Front cover Front cover: Front cover The front cover of this issue illustrates Peter Loizois' article on the work of filmmaker Robert Gardner. The Hamar woman in the photo bears marks of whipping, a subject which raised the first divisions between Gardner and anthropologists Ivo Strecker and Jean Lydall, as Gardner was inclined to see the practice as a facet of female subordination and male cruelty. The Streckers, after many years of research, took a different view, which can be grasped in Jean Lydall's article ‘Beating around the bush’ (see http://www.uni-mainz.de/organisationen/SORC/fileadmin/texte/lydall/Beating ) Gardner makes clear his feelings in this note, highlighted in his book The impulse to preserve: ‘Editing the Rivers of sand imagery made a huge impression on me. I kept being reminded that I especially disliked Hamar man and I don't think I would have felt differently had there been no Women's Movement. I don't see how anyone can escape feeling the same way once they see the film. It was a painful life for both sexes. So why not say so? I don't think anthropology is doing its job by being value free. I do think it should accept responsibility to look for larger truths.’ (Robert Gardner 2006, The impulse to preserve: Reflections of a filmmaker, New York: Other Press, p. 158) Back cover Back cover: UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES The back cover illustrates Paul Oldham and Miriam Anne Frank's article in this issue on the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. The Declaration sets the minimum international standards for the promotion and protection of indigenous peoples' rights. The display boards capture the historic moment on 13 September 2007, when UN member states overwhelmingly supported the adoption of the Declaration at the General Assembly's 61st session. Votes in favour of the Declaration are shown in green (143 + 1 not shown), abstentions in orange (11) and votes against in red (4). With the exception of Montenegro, whose vote in favour did not register on screen, absent or non-voting states are blank. Such overwhelming support within the General Assembly was by no means guaranteed — it was the outcome of lengthy and delicate behind-the-scenes negotiations. Expectations that the Declaration would be adopted in December 2006 were dashed when the African Group of countries blocked it, claiming that, despite 23 years of negotiations, more time was needed for consultation. In the ensuing period, Mexico, Peru and Guatemala, as co-sponsors of the Declaration, took the lead in negotiating an agreement with the African Group that they would support a Declaration with three main amendments, and would block other amendments or delays put forward by Australia, Canada, the US and New Zealand. The co-sponsors then sought agreement to this amended Declaration from the Global Indigenous Peoples' Caucus, who engaged in their own worldwide consultation process with indigenous peoples' organizations. The outcome remained uncertain, however, until these giant screens in the UN General Assembly Hall finally flashed green, to spontaneous applause from the delegates and their supporters. Since anthropologists work with indigenous peoples worldwide, this historic vote raises the challenge of how they, individually and as a discipline, position themselves in relation to the new Declaration.     

Despairing at ‘A World Made New’? South Africa Encounters the Post-war Human Rights Idea

ABSTRACT

This article surveys the efforts of the South African state to respond to the reconfigured world that emerged after 1945. Focussed on those years around the adoption of the 1948 Universal Declaration of Human Rights (UDHR), it argues that South African governments and officials were well attuned to the rising threat of human rights. Drawing on South African archives, it demonstrates that representatives of late United Party and early apartheid era governments were insightful observers of the mortal danger universal human rights posed to the racialised ideological architecture which governed essentially all of the country’s politics and society. Paradoxically, the most avowed opponents of the new crusade for universal human rights perceived its significance with equal or greater acuity than those more enthusiastic about the nascent rights order.     

Communists and the 1948 War: PCP,Maki, and the National Liberation League

This paper analyzes the way in which Palestine's Jewish and Arab communist parties, the PCP-Maki and the National Liberation League, acted during the 1948 war. Both groups made separate and different efforts to make the two-state solution a reality as originally conceived in the UN partition plan. Ironically, the decisive Jewish victory in the war resulted in an asymmetry between the Jewish Communists the Palestinian Communists when they were unified toward the end of the 1948 war. Despite Maki's labors for an Israeli victory, its standing in the nascent Israeli political system toward the end of the war remained marginal. The concept of Jewish–Arab cooperation under the aegis of the USSR was seen by the Zionist establishment as dangerous and subversive.     

Republican Political Theory and Irish Nationalism

Republicanism has enjoyed something of a revival in recent times among political theorists. This article examines the way in which republican strains of democratic political philosophy impacted political thinkers and leaders in the case of modern Ireland. Although the Republic of Ireland was officially established in 1949, the question of its origins was a source of contention throughout the first part of the twentieth century. I argue that the intellectual origins of Irish republicanism lay in the impact of French revolutionary thought on Irish nationalist leaders in the 1790s, and then trace these republican ideas through the public debates and tracts that marked the major stages in the development of the Irish Republic. In particular, I focus on the principles informing the 1916 Declaration of the Provisional Government of the Irish Republic, as well as the central arguments employed in the debates surrounding the Anglo-Irish Treaty of 1921 and the Republic of Ireland Act of 1948. My aim is to demonstrate that republican ideas affected nationalism to such an extent that in Ireland republicanism and nationalism became, and in some respects still are, practically synonymous.     

The Judicial Bookshelf

Spring and summer of 2011 brought to mind two instructive American chronological landmarks: the 235^th anniversary of the signing of the Declaration of Independence and the 150^th anniversary of the outbreak of the Civil War. One was as uplifting as the other was disheartening.     

What contribution can International Relations make to the evolving global health agenda?

This article presents two approaches that have dominated International Relations in their approach to the international politics of health. The statist approach, which is primarily security-focused, seeks to link health initiatives to a foreign or defence policy remit. The globalist approach, in contrast, seeks to advance health not because of its intrinsic security value but because it advances the well-being and rights of individuals. This article charts the evolution of these approaches and demonstrates why both have the potential to shape our understanding of the evolving global health agenda. It examines how the statist and globalist perspectives have helped shape contemporary initiatives in global health governance and suggests that there is evidence of an emerging convergence between the two perspectives. This convergence is particularly clear in the articulation of a number of UN initiatives in this area - especially the One World, One Health Strategic Framework and the Oslo Ministerial Declaration (2007) which inspired the first UN General Assembly resolution on global health and foreign policy in 2009 and the UN Secretary-General's note "Global health and foreign policy: strategic opportunities and challenges". What remains to be seen is whether this convergence will deliver on securing states' interest long enough to promote the interests of the individuals who require global efforts to deliver local health improvements.     

Promoting Women's Rights,Hiding the Empire: Marie-Hélène Lefaucheux,an Imperialist Woman at the United Nations

This contribution examines the role of Marie-Hélène Lefaucheux, the French representative in the UN Commission on the Status of Women between 1948 and 1953. By focusing on Lefaucheux's activism and connection with the French government, this article intends to analyse how French post-imperial policy carried out by reformist women's organisations pursued the expansion of women's and human rights whilst supporting the empire. Using a range of archival sources and the Commission's reports, this work argues that the role of reformist imperial women and organisations was crucial in influencing the Commission which was both a place of contestation and protection of the gendered and colonial order.     

‘How Time Flies’: Celebrating the Universal Declaration of Human Rights in the 1960s

Recent histories of human rights have identified the 1970s as the most decisive epoch in the birth of the modern rights era. These works have tended toward a parenthetic dismissal of the period 1948–70 as years of interregnum, of marginal impact to the ‘breakthrough’ moment which followed. This article argues for a more complex periodisation, and reclaims the importance of the 1960s. Far from an undifferentiated abyss, the two decades between the adoption of the Universal Declaration of Human Rights (UDHR) and the 1968 International Human Rights Year held their own shifts, integral to the evolution of modern human rights. A crucial transition in the status of the UDHR occurred across the mid-1960s, roughly aligned with the terminal years of liberal post-colonialism. Through a comparison of two hitherto neglected events in the history of human rights, the fifteenth and twentieth anniversary commemorations of the UDHR, in December 1963 and 1968, this article traces the trajectory of that transition. These commemorations, concentrated moments of explicit reflection on the meaning of human rights, encapsulated the gulf between the early and the late 1960s. In the space of five years, any vestigial consensus on the vision enunciated in 1948 was obliterated.     

From the discovery of radioactivity to the development of the K-Ar dating method

In this paper I try to explain why the potassium-argon dating method was developed much later than other radiometric methods (like U-He and U-Pb), which were established at the beginning of the 20^th century. In fact the pioneering paper by Aldrich and Nier (1948) was published 50 years after the discovery of polonium and radium, when nearly all the details concerning potassium isotopes and radioactivity of potassium-40 had been investigated. The role of Marie Curie’s concept of the nature of radioactivity in the discovery of the radioactivity of potassium is emphasized.     

Control of Indigenous Archaeological Heritage in Ontario,Canada

Few Indigenous peoples have control over their heritage, despite international recognition of this right in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007. In Ontario, Canada, the Ontario Heritage Act, R.S.O. 1990 regulates archaeology and grants licences to archaeologists to investigate archaeological heritage. Indigenous people want more control of their archaeological heritage in Ontario. To uphold Indigenous rights to archaeological heritage in Ontario, heritage legislation and policy needs to be revised and site protection increased. This paper recommends that Indigenous archaeological heritage in Ontario would be best protected by strengthening Ontario government land development policy and legislation to require the free, prior, and informed consent from affected Indigenous communities before removal of significant archaeological sites and remains from their ancestral territories.     

Insights from Cameroon: Five years after the Declaration on the Rights of Indigenous Peoples (Respond to this article at http://www.therai.org.uk/at/debate)

In September 2007, after 23 years of negotiation between nation states and indigenous peoples' organizations, the United Nations (UN) General Assembly finally adopted the Declaration on the Rights of Indigenous Peoples. Among its most significant assertions were indigenous peoples' rights to self‐determination; to lands, territories, and natural resources; and to free, prior, and informed consent. Activists and organizations concerned with human and minority rights saw the adoption of the declaration as an important step toward the improvement of the precarious situation of many minority groups. Today, five years have passed since the declaration's adoption. What difference has it made? Have the activists' expectations materialized? How has the declaration been implemented? Which are the responses of governmental and civil society actors? Drawing on institutional developments at the United Nations as well as the case of Cameroon and the Mbororo as a national minority group, I aim to provide some answers to these questions.     

A Human Rights "Soul" for a Secular World of "Faiths": A Contradiction,or Just a Paradox?

Abstract

The critically important role of groups associated with the infant World Council of Churches in the process of introducing ‘human rights’ into the post-World War II international order, and then helping to define them in the Universal Declaration (1948), has been forgotten. It was asserted in those years that (at any rate Christian) faith is properly concerned with the inter-dependence of healthy religion and religiously neutral human-rights institutions. The principle was advanced, not only by Christians, that this conviction could be held in good conscience by any of the world-faiths. To open educational windows would increase knowledge of the beliefs of ‘the other’, and foster both self-criticism and mutual respect. This vision has been only very partially realised. Now, many difficult public issues spring from claims made by religious traditions, and many religious groups have rejected ‘universal’ human rights as a threat. This paper argues that the mutuality of religious faith and human rights needs to be re-enterprised urgently—and not only by elites—for the health of both and for the sake of containing violence. This is not a responsibility to which political authority—however religiously neutral—can or should remain indifferent.     

Embracing the Language of Human Rights: International Women's Organisations,Feminism and Campaigns Against the Marriage Bar,c.1919–1960

This article considers four international women's organisations – the International Council of Women, the International Alliance of Women for Suffrage and Equal Citizenship, the International Federation of University Women and the Open Door International – and their campaigns for the right of married women to undertake paid work. It examines how each organisation adopted and engaged with the language of human rights in the late 1920s and 1930s. It is argued that after 1948, precisely because of its formal adoption by the UN, the language of human rights became less usable as a way to make the point that women still faced inequalities, and so other framings became more significant. This article contributes to historiographies on international women's organisations, offers a detailed discussion of their activism against the marriage bar, and challenges the conventional chronology of the concept and language of human rights.     

‘Human and nothing but human’: How Schmittian is Hannah Arendt's critique of human rights and international law?

Recently legal theorists have pointed out that whereas members of their profession often assume that post-war scholarship had broken with the past completely, political theorists have paid far more attention to questions of influences and continuities in their discipline. This also holds regarding the legacy of Carl Schmitt whose case both as a jurist and political writer is particularly pressing not only for intellectual historians, but also for discussants across a broad range of fields in law and political science. It is in this context that my paper examines Hannah Arendt's immediate critique of the Declaration of Universal Human Rights in 1948. I will juxtapose Schmitt's and Arendt's critiques, arguing that these display more than superficial parallels and yet conflict in their basic contentions. I also hope to show that discussing Arendt's critique in conjunction with Schmitt's allows us to pose some more general questions about the relevance and meaning of intellectual backgrounds and influences.     

The Meanings of Lesbianism in Post-War America

I had been a closet gay before I got married, about 1948, which means I had a relationship with a woman, and I'd been in love with her but I thought I was the only person in the world. There was no others in the world. I had never read a gay book. I didn't even know the word ‘gay’… I didn't know the word ‘lesbian’… And I really believe that women used to dress mannish simply to get you to know who they were … In those days it was very important.¹     

Ghana,India, and the Transnational Dynamics of the Congo Crisis at the United Nations, 1960–1

This article examines the role of Ghana and India at the United Nations during the Congo crisis from July 1960 to February 1961. The role of non-aligned countries both in the UN peacekeeping force, Opération des Nations Unies au Congo (ONUC), and in the negotiation of Congo policy was fundamental to the evolution of events. The article shows how Jawaharlal Nehru of India and Kwame Nkrumah of Ghana used the Non-Aligned Movement (NAM) and the Afro-Asian bloc to alter UN Congo policy. In leveraging their influence with in the General Assembly, the NAM was able to sustain the UN effort in the Congo and preserve the prestige of the organisation. In the process, NAM members realised the benefits and the limitations of non-aligned politics in the context of a violent, anti-colonial war. The crisis had the effect of rupturing the status quo at the UN and in the eight months under study here, it is argued that the actions of the NAM within the UN helped to activate the agency of the organisation in pursuit of neutralist principles. The Congo crisis served as the turning point in the decolonisation drama and NAM's influence over UN Congo policy represented a dynamic form of anti-colonial internationalism.     

Branding the United Nations: The Adoption of the UN Insignia and Flag, 1941–1950

Abstract

This article contends that the symbols of the United Nations (UN) have played a vital role in establishing the organization’s identity and in protecting its personnel. The design and usage of these emblems developed in a number of steps in the 1940s and early 1950s, a process dominated mainly by Americans. Although private admirers of the UN originated a number of serviceable and aesthetically pleasing designs, products mainly of their own self-initiative, the emblems chosen by the UN were prepared by professional designers, starting with an Office of Strategic Services (OSS) team operating under the aegis of the U.S. State Department. The author compares this process to product ‘branding’, and he also sees it as reflecting a longstanding claim to predominance in the internationalist project by technical specialists. In the 1940s, this dynamic revealed itself in rivalry between an elite of liberal internationalist technocrats and ‘populist internationalists’, the former coming to determine the character and choice of UN emblems. Members of the OSS design team had backgrounds in advertising and – not surprisingly – produced a logo-like design. The ultimate product of this process, a UN flag, was adopted in 1947, but it was treated by early UN bureaucrats like a protected trademark of the UN, at least until popular pressure-driven by an outpouring of mass emotion at the time of the Korean War – forced its release for broader public use.     

The Later Jefferson and the Problem of Natural Rights

Abstract

The late Jefferson presents a puzzle to scholars. In his last years the author of the Declaration of Independence strongly opposed the Missouri Compromise and set important precedents for the political strategy of the antebellum South. This essay argues that these problematic aspects of Jefferson's career are more closely linked to his natural rights doctrine than is generally recognized and extend tendencies already present in Jefferson's draft of the Declaration. Unlike previous scholars who explain Jefferson's problematic politics by his racism or the inherent selfishness of Lockean natural right, I argue that the core flaw in Jefferson's natural rights doctrine is the encouragement it gives to self-righteousness. Because he responded to the problem of slavery in a spirit of angry self-defense, Jefferson's understanding of natural rights blinded him to the ways in which his actions strengthened slavery and undermined his own most cherished political achievements.     

The United Nations: past and present

The UN is approaching its seventieth birthday in 2015. Kofi Annan, its seventh secretary general, and the only incumbent not to have come from a national government, has written the most honest and insightful memoir of any occupant of the thirty‐eighth floor, Interventions. Despite terrible setbacks in Bosnia and Rwanda, the United Nations remains the most representative and successful international organization in history. As Mark Mazower points out in his Governing the world, an acutely penetrating history of international governance, the successes of the UN are more than the founders of the ill‐fated League of Nations could have dreamt of. Mazower's tour de force combines a history of the intellectual ideas of the nineteenth and twentieth centuries and their eventual realization in the League of Nations and the UN. While his conclusions question whether faith in international institutions has been lost, the reality of universal membership of the UN and establishment of an International Criminal Court might suggest otherwise.