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.     

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.     

Indigenous biocultural rights and the Blue Mountains: Local and international policy challenges

Indigenous knowledges play a critical role in addressing the environmental crisis, and the United Nations system has adopted a suite of international treaties to protect and strengthen Indigenous peoples’ rights, which are often described as biocultural rights. Because World Heritage Areas are nominated and monitored by UNESCO, an initial hypothesis in this study was that such areas would be subject to higher than normal standards in regard to Indigenous people’s biocultural rights. By reference to the Greater Blue Mountains World Heritage Area, Australia, this research examined how the international legislative framework influences conservation practices. We held semi-structured interviews with conservation and Indigenous local experts and compared park management practices in the Area against those used in an Indigenous Protected Area. Findings align with the literature and suggest that Indigenous and scientific knowledge systems can generate new insights for the Area and other sites. Yet, Indigenous knowledges are only marginally applied in practice. Some barriers to full participation of Indigenous people are specific to the colonial history of the area. Yet, findings point to a lack of action by Australian governments and UNESCO, and that needs to be redressed. The study calls attention to the need to support and resource Indigenous people to enable collaborative partnerships to yield significant benefits for biodiversity and protection of Country.     

The Nick-Squared Test for Indigenous Education’s “Goodness of Fit” with Environmental Education in Canada

This article explores the personal experiences using a currere model of two new academics and their investigations into the relationships between Indigenous education and environmental education. It outlines the challenges of Indigenous education within the contexts of higher education in the Coast Salish region with a specific focus on the Canadian role in Indigenizing education. We suggest that an intervention in our current practices is necessary in light of the ongoing violations of the Universal Declaration of Human rights and the Declaration of the Rights of Indigenous Peoples. We provide language and insights into cultural schizophrenia, authenticity, and the complexities of Indigenization.     

The deliberative deficit of prior consultation mechanisms

This article discusses the right to prior consultation guaranteed to indigenous people by international documents such as Convention 169 of the International Labour Organisation and the United Nations Declaration on the rights of Indigenous people. Using New Zealand and Colombia as case studies, the article argues that this right currently offers very little tangible benefits to indigenous people and is usually reduced to a legal bureaucratic requirement that defeats the purpose and intent of the right to consultation. I use deliberative democratic theory to show that the consultation mechanisms currently taking place in the two case studies suffer from a deliberative deficit and argue that prior consultation initiatives would better help respecting the rights of indigenous people if they were consistent with the political ideals that inform deliberative democratic theory.     

Indigenous peoples' rights to their cultural heritage

Abstract

This paper discusses indigenous peoples' rights to their cultural heritage, using the example of rights to indigenous human remains, held by institutions, universities, scientific centres and museums. It addresses international developments in indigenous cultural policy at the United Nations and the European Union, with specific reference to Australia and the United Kingdom. It also outlines issues relating to indigenous peoples' collective rights, free, prior and informed consent, ownership of indigenous human remains and the issue of benefit sharing and sustainable justice. There are now several international declarations, conventions and policies in place to assist indigenous people in gaining some form of control and protection over their heritage, however, these international instruments are often unco-ordinated and lacking in any enforcement mechanisms and they hold little sway with those who retain indigenous human remains against the wishes of descendant communities.     

Climate injustice,criminalisation of land protection and anti-colonial solidarity: Courtroom ethnography in an age of fossil fuel violence

As plans for expanding fossil fuel infrastructure continue to ramp up despite threats to the planet, how are geographers to address the criminalisation and prosecution of peaceful acts of defending earth, water and land? Reflecting on a courtroom ethnography and debates spanning legal geography, political ecology and social movements studies, this article explores embodied struggles around oil, ‘justice’ and geographies of caring – discussing how Indigenous youth, grandmothers in their eighties and others were convicted of ‘criminal contempt’ for being on a road near an oil pipeline expansion project. The project (“Trans Mountain Pipeline Expansion”) was created to transport unprecedented levels of heavy oil (bitumen) across hundreds of kilometres of Indigenous peoples' territory that was never ceded to settler-colonial authorities in Canada. Focusing on a controversial injunction designed to protect oil industry expansion, the discussion explores the performativity of a judge's exercise of power, including in denying the necessity to act defence, side-lining Indigenous jurisdiction, and escalating prison sentences. Courtroom ethnography offers a unique vantage point for witnessing power at work and vast resources used by state actors to suppress issues fundamental to the United Nations Declaration on Rights of Indigenous Peoples and the Paris Climate Accord. It also provides a lens into the intersectional solidarity and ethics of care among those who dare to challenge colonialism and hyper-extractivism, inviting engagement with multiple meanings of ‘irreparable harm’ at various scales. The article calls for more attention to power relations, values and affects shaping courtroom dynamics in an age in which fossil fuel interests, climate crisis and settler-colonial control over courts are entwined in evermore-complex violent entanglements.     

Women,Peace and Security as an ASEAN priority

The Association of Southeast Asian Nations (ASEAN) Secretariat and its member states have repeatedly professed their commitment to the protection and advancement of women's economic and human rights. Such commitments have included the Declaration of the Advancement of Women in the ASEAN Region in 1988, the Declaration on the Elimination of Violence against Women in the ASEAN Region in 2004, and the ASEAN Human Rights Declaration in 2012, as well as the establishment of the ASEAN Committee on Women in 2002 and the ASEAN Commission on the Promotion and Protection of Women and Children in 2009. However, none of these regional commitments or institutions expressly take up the core concern of the Women, Peace and Security agenda set out in United Nations Security Council Resolution 1325 in 2000. ASEAN has no 1325 regional action plan and, amongst the ASEAN membership, the Philippines is the only state that has adopted a 1325 National Action Plan. The authors explore the possible reasons for the lack of ASEAN institutional engagement with 1325, outline the case for regional engagement, and suggest specific roles for the ASEAN Secretariat, donor governments and individual member states to commit to United Nations Security Council Resolution 1325 as a regional priority.     

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.     

Human Rights Provisions in the Second Amendment to the Indonesian Constitution from Shar?‘ah Perspective

Abstract: The paper examines provisions of the Second Amendment to the 1945 Indonesian Constitution dealing with equality, women's rights, freedom of religion and freedom of opinion, and then compares the terms of those provisions with similar provisions in the Cairo Declaration on Human Rights, the Universal Islamic Declaration of Human Rights (UIDHR) and the constitutions of several majority Muslim nations. On the basis that, unlike the Cairo Declaration, the UIDHR and the other constitutions, the Indonesian constitutional provisions make no explicit reference to Shar?‘ah or Islam despite the fact that Indonesia is the largest Muslim country in the world, the author concludes that Indonesian political parties who participated in enacting the amendments adhere to a substantive view of the Shar?‘ah.     

Universal,colonial, or Indonesian heritage? A multi-scalar approach to the historical representations and management of colonial heritage in the Old Town of Jakarta (Kota Tua) during its bid for World Heritage nomination in 2015–2018

ABSTRACT

Between 2015 and 2018 the Indonesian government unsuccessfully applied for World Heritage status for the old Dutch colonial neighborhood of Kota Tua in Jakarta. As this article aims to show, analyzing the process of writing a nomination dossier, especially in the case of a failed nomination, can be revealing in unraveling the inner workings of heritage conservation efforts and the many actors that are involved on different ‘scales’ and levels surrounding the heritage. As the project of writing the nomination dossier was delegated to a consortium of private actors from the elite circles of Jakarta, this article will finally address both the difficulties and advantages of involving the private sector in such nomination processes.     

The tourism and local development in world heritage context. The case of the Mayan site of Palenque,Mexico

This article discusses the effects of tourism on local development in the context of World Heritage sites. The ‘Pre-Hispanic City and National Park of Palenque’ in Mexico will be used as a case study, with especial attention on local Indigenous communities. It analyses the use of ‘World Heritage’ as a brand for tourism promotion and expected tourism growth, and the changes in the role of the Indigenous peoples in archaeology and UNESCO policies. Furthermore, it examines the implementation of World Heritage policies by the Mexican government and the local decision-makers in Palenque. It presents the touristic elements of the site and how other factors have impacted tourism flow. The article points out the empowerment processes of modern Mayan people, the response by the official managers and the Indigenous reaction to governmental investments in tourism infrastructure. The article concludes that a shift from the current type management model to a new, participatory one could contribute to reduce social tension, fostering local development through tourism and improving communities’ quality of life. The data used for my analysis were collected during fieldwork in Palenque in 2014 and 2016.     

Localising the Australian National Action Plan on Women,Peace and Security: a matter of justice

In the bid for a non-permanent seat on the United Nations (UN) Security Council, the Australian government emphasised international peace and security and Indigenous peoples as two of the eight key elements supporting its nomination. Australia's positive track record in support of the UN Women, Peace and Security (WPS) agenda, including the delivery of an Australian National Action Plan (NAP) along with recognition of historical injustices to Indigenous Australians, was highlighted as a valid and important argument in favour of its nomination. The Australian NAP, however, has all but ignored the local context in its development and application, focusing instead on its commitments abroad. This framing of the Australian NAP is informed, firstly, by the WPS agenda policy framework applying to conflict and post-conflict situations, and, secondly, by its location within the UN mandate, requiring those situations to be internationally recognised. This article applies Nancy Fraser's tripartite justice framework to reveal that the Australian NAP gives rise to the political injustice of ‘misrepresentation’ in relation to intra-state (violent), domestically situated Indigenous–settler relations, which are denied the status of ongoing internationally recognised conflict. The author suggests that the remedy to this injustice is to reframe and recognise the conflict status of Indigenous–settler relations in the localisation of the Australian NAP. This localisation creates openings for Indigenous Australian women to engage with the WPS agenda in meaningful ways.     

Cultural relativism and indigenous rights: Rethinking some dilemmas in applied anthropology (part 1)

The basis on which peoples should understand and relate to each other is a key dilemma for applied anthropology and a human rights organization such as the Forest Peoples Programme. Cultural relativism rejects universalism, critiques the individualist emphasis of human rights as Western imperialism and teaches that every society must be understood in its own terms. While it is true that some countries have resisted the impositions of the human rights regime, most have also ratified the key human rights treaties. It is clear that the notion of ‘human rights’ is a cultural construct of Western civilization, with a long gestation dating back to the ancient Greeks. Human rights have three foundational principles: individual rights, non-discrimination and self-determination. The tension between the three creates space for cultural specificity, decolonization and the assertion of collective rights. Indigenous peoples have effectively used the human rights system of the United Nations to reclaim their collective rights and, in so doing, accept that these universal norms also apply to their own societies, which they reform through their self-determined efforts. Ultimately, all human rights trace back to various conceptions of freedom – free will, freedom of belief, autonomy and self-determination – and even in societies where personhood is more relational and communal, notions of collective freedom are readily discernible. We need an ‘anthropology of freedom’ that builds on the insights of cultural relativism but is open to supporting self-determined movements for reform.     

Mixed world heritage in Scandinavian countries

UNESCO’s World Heritage Convention has become a global policy for natural and cultural conservation and in particular the intricate relation between the two. This article presents two cases, Laponia and the Lofoten Islands, put forward as mixed World Heritage Sites by the governments of Sweden and Norway. The overall national goals of the nominations have been to ensure sustainable human use of natural resources and the conservation of biodiversity. However, in both countries the nomination and implementation of mixed sites have produced a series of challenges at the municipality management level. Comparing the processes of promoting Laponia and Lofoten as World Heritage Sites, the article discusses the challenges of local involvement and democratic participation in national decision-making by asking what comprises local involvement and co-management at mixed World Heritage Sites. Why does the implementation of management at mixed World Heritage Sites create conflict between local stakeholders and the national governments of Norway and Sweden?     

Cultural relativism and indigenous rights: Rethinking some dilemmas in applied anthropology (part 2)

The basis on which people should understand and relate to each other is a crucial dilemma for applied anthropology and a human rights organization such as the Forest Peoples Programme. Cultural relativism rejects universalism, critiques the individualist emphasis of human rights as Western imperialism and teaches that every society must be understood on its own terms. While it is true that some countries have resisted the impositions of the human rights regime, most have also ratified the key human rights treaties. It is clear that the notion of ‘human rights’ is a cultural construct of Western civilization, with a long gestation dating back to the ancient Greeks. Human rights have three foundational principles: individual rights, non-discrimination and self-determination. The tension between the three creates space for cultural specificity, decolonization and the assertion of collective rights. Indigenous peoples have effectively used the human rights system of the United Nations to reclaim their collective rights and, in so doing, accept that these universal norms also apply to their own societies, which they reform through their self-determined efforts. Ultimately, all human rights trace back to various conceptions of freedom – free will, freedom of belief, autonomy and self-determination – and even in societies where personhood is more relational and communal, notions of collective freedom are readily discernible. We need an ‘anthropology of freedom’ that builds on the insights of cultural relativism but is open to supporting self-determined movements for reform.     

‘Add women and stir’: the Regional Assistance Mission to Solomon Islands and Australia's implementation of United Nations Security Council Resolution 1325

With the changing nature of warfare and the increasing awareness of the specific gender dimensions of war and peace, the international legal framework has been expanded to address the particular challenges faced by women in conflict and post-conflict contexts. This process culminated in 2000 with the first United Nations document to explicitly address the role and needs of women in peace processes: United Nations Security Council Resolution (UNSCR) 1325 on women, peace and security. Thirteen years on, this article assesses the extent to which Australia's stated commitment to women, peace and security principles at the level of the international norm has translated into meaningful action on the ground in the Regional Assistance Mission to Solomon Islands (RAMSI). The analysis shows that despite it being an ideal context for a mission informed by UNSCR 1325, and Australia being strongly committed to the resolution's principles and implementation, the mission did not unfold in a manner that fulfilled Australia's obligations under UNSCR 1325. The RAMSI case highlights the difficulty in getting new security issues afforded adequate attention in the traditional security sphere, suggesting that while an overarching policy framework would be beneficial, it may not address all the challenges inherent in implementing resolutions such as UNSCR 1325.