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.     

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.     

How Constitutional Concerns Framed the US Contribution to the International Human Rights Regime From Its Inception, 1947–53

The United States has been reluctant to agree to binding international human rights instruments ever since the very first meeting of the United Nations Commission on Human Rights in 1947. This article explores structural causes for that reluctance. Internal government papers show that US government officers worried that a human rights treaty might expand federal jurisdiction at the expense of the jurisdiction of the United States' constituent states and could provide an opening for judicial activism by the courts. These concerns made domestic political sensitivities more acute and raised principled questions about the desirability of pushing domestic reforms through international law-making. US representatives made repeated efforts to ensure that an international bill of rights was drafted as an aspirational declaration rather than a legally binding treaty. They also proposed clauses designed to delay or limit the domestic effects of any agreement, while reassuring the US Senate that domestic power balances would not be disturbed. Constitutional concerns thus framed the United States' contribution to the creation of an international human rights system from the very beginning.     

Mary McLeod Bethune's Feminism: Black Women as Citizens of the World

This article focuses on the particular moment of the 1945 United Nations charter meeting as a catalyst for a shift in Mary McLeod Bethune's feminist thought. The meeting, where Bethune served as the only African American female delegate, signalled a change in Bethune's thinking about equality for black women, so she used the founding of the United Nations as a platform to promote black women's alliances with other women of colour. Her idea was to reframe black women as citizens of the world, thus putting them in a numerical and ideological majority rather than keeping them in a minority position. Bethune has often been viewed as a reformer of race and gender issues in the early twentieth century, but a focus on her activism has hidden the intellectual contributions that she made to a form of black feminism that emerged out of her work with other clubwomen and through the United Nations in the 1920s through the 1950s. Specifically, this article argues that Bethune's intellectual work created a framework for African American women's feminism that emphasised anti-colonialism and their global alliance with other women of colour throughout the world.     

The house gun: White writing,white fears and black justice (Respond to this article at http://www.therai.org.uk/at/debate)

One way of understanding the Pistorius case is through the powerful writings of white South African authors such as Nobel Prize laureate Nadine Gordimer's anticipatory post‐apartheid novel, The house gun, in which she imagined a scenario similar to the one played out in the Pistorius trial where white fears and black justice met in the courtroom. South Africa is not unique. The mobilization of white peoples' fear of black or brown ‘intruders’ has infected other divided nations, like the United States and Israel. Here the social and architectural construction of ‘white’ settler or settler‐like special enclosures fortified by the legal right to self‐defence with private weapons has reproduced a colonial ‘paranoid ethos’ and a dangerous denial of the violence that is nested like a coiled rattlesnake from within their own segregated and hypervigilant enclosures.     

Towards Decolonisation of Australia's Protected Area Management: the Nantawarrina Indigenous Protected Area Experience

Management of Australia's National Parks and Protected Areas originally developed according to the United State's ‘Yellowstone’ model. Aimed primarily at preserving ‘wilderness’ areas, this form of protected area management has excluded indigenous habitation and land management, effectively colonising these landscapes. Since the 1980s indigenous exclusion from protected area management has been contested in the public sphere. Indigenous peoples have become involved in protected area management in various ways, such as the joint management of national parks. However, greater indigenous control is necessary to truly decolonise protected area landscapes and fully recognise the importance of indigenous Australians in land management. This paper explores a new initiative in protected area management: the Indigenous Protected Area (IPA) program. IPAs are established through voluntary declaration of indigenous land with the aim of enhancing indigenous control of protected area landscapes. Nantawarrina, the first declared IPA, is considered as a case study. Although some manifestations of colonialism are still evident in the Nantawarrina IPA, the program has made some significant contributions to the decolonisation of protected area management in Australia.     

美国社会组织与联合国人权规范的起源

二战爆发后,美国社会组织在对战争与和平问题的研究中提出依靠国际组织保障人权的规范构想。美国政府则并未重视人权议题,人权在敦巴顿橡树园会议上只处于边缘地位。社会组织在此后掀起大规模的游说活动,要求提高人权议题的地位,这使得美国政府考虑融合社会组织的人权规范构想与主权规范原则。旧金山会议上,美国说服其他大国接受其人权立场,极力否决拉美国家的人权提案,体现出美国借人权话语行使霸权的实质意图。最终出台的《联合国宪章》多处涉及人权,奠定了此后联合国人权规范的基础。但是,社会组织与美国政府围绕人权的争论凸显了宪章人权条款的复杂特征,这使得美国在此后联合国人权规范的发展中面临更多的挑战。     

Revisiting the Food and Agriculture Organization (FAO): International Histories of Agriculture,Nutrition,and Development

As far as international organizations and their written histories are concerned, the United Nations Food and Agriculture Organization, FAO, presents quite a paradox. Though in its early years, the organization itself as well as individual staff members were determined to document and narrate FAO's history, sixty years later many aspects of FAO's history remain largely unknown. The following articles re-examine the history of FAO through a range of new perspectives that shed light on the intellectual roots of rural development ideas within the organization and illuminate the context of specific development missions, as well as the transnational flows of knowledge and expertise.     

Indigenous health organizations,Indigenous community resurgence,and the reclamation of place in urban areas

Research around the world has been nearly unanimous about the positive impacts of Indigenous‐led health organizations on Indigenous peoples' qualitative experiences in health care, in the face of often negative experiences in non‐Indigenous‐led health care settings. Urban environments, including health care environments, are areas of increasing attention with regard to Indigenous peoples' health in Canada. In this study, which took place in the northern city of Prince George, British Columbia, 65 Indigenous community members and health services workers participated in interviews and focus groups, describing their experiences with urban Indigenous‐led health organizations—defined in this study as non‐governmental organizations that prioritize the values and practices of local Indigenous communities. Employing perspectives on place and relationships drawn from Indigenous critical theory and Indigenous community resurgence to analyze the findings of this qualitative study leads to a focus on how relationships impact and can even constitute places, enabling new understandings of the roles of Indigenous‐led health organizations in urban Indigenous community resurgence.     

Britannia rules the waves? (Respond to this article at https://www.therai.org.uk/publications/anthropology-today/debate)

An international arbitration tribunal recently found the United Kingdom to have breached its obligations under international law in declaring a Marine Protected Area in the Chagos Islands (British Indian Ocean Territory). The ruling has potential implications for the indigenous people of the islands, the Chagossians, who continue to wage a political campaign for the restoration of their right of abode in Chagos. In this comment, I update readers on the tribunal's ruling and other related current events.     

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.     

Who's indigenous? Whose archaeology?

Abstract

The International Labour Organisation, the United Nations and various indigenous Organisations have raised and/or objected to diverse criteria through which indigenous groups have been defined and the rights that should be accorded to them. This paper discusses the implications of these issues in relation to archaeological research and heritage management and uses this to position the other papers in this volume. Specific themes that are addressed include: the impact of colonialism and nation-forming on indigenous groups; the continuing influence of 19th and early 20th century social evolutionary concepts on the representation of indigenous groups and the role of archival material from this period today; the contrasting processes of cultural continuity and assimilation within ‘dominant’ societies in which indigenous communities have participated, and the effects that this has had on more recent claims over land rights; the cultural differences that surround the concepts of individual and community ownership, particularly in relation to copyright; the role of academia, museums and the media in the representation of indigenous people in the past and the present.     

The Myanmar imbroglio and ASEAN: heading towards the 2010 elections

Following the adoption of a new constitution by national referendum, Myanmar's military junta is set to organize multiparty elections in 2010. Not least to influence Myanmar's leadership, with regard to the conditions Washington believes necessary for credible elections, the United States announced in September 2009 that it would embark on a new approach towards Naypyidaw. This will focus on a high‐level dialogue while keeping existing sanctions in place. The Obama administration has asked the Association of Southeast Asian Nations (ASEAN) to support this new approach. Against the backdrop of the deep divide between the ruling generals and Aung San Suu Kyi, and the continued conflict between Naypyidaw and armed ethnic nationalities, this article asks: How strong is ASEAN's record when it comes to influencing the State Peace and Development Council (SPDC) in relation to matters of national reconciliation and political transition? What factors explain ASEAN's approach towards Myanmar? What prospect, if any, is there that ASEAN states can influence Myanmar's political developments before the 2010 elections? The article argues that ASEAN has not moved beyond a collective criticism which aims to induce Naypyidaw to respond positively to the demands of its international detractors. ASEAN's norms, different political identities and geopolitical interests coupled with the SPDC's prickliness have limited the consensus on Myanmar. Naypyidaw's calculations about relations with Washington, rather than ASEAN's ‘enhanced interactions’ with the military government, and domestic political dynamics are likely to be the crucial determinants of further developments in the context of the 2010 elections.     

Climates of control: Violent adaptation and climate change in the Philippines

This paper considers the limits of adaptation as a concept in global environmental governance and advocacy by examining the climate change policy of the populist Philippine president Rodrigo Duterte. By focusing on heterogenous state responses to the 2018–2019 El Niño drought, I demonstrate how the Duterte administration has worked to achieve a violent vision of climate adaptation through a jarring combination of practices: exhorting the devastating reality of climate change; denigrating multilateral mitigation efforts as colonial injustices; subverting indigenous peoples' land rights; and fostering the extrajudicial assassination of activists. Though Duterte's wider climate change policies are often viewed as a strategic distraction or the isolated product of an erratic populist, I argue that these recent responses to climate change in the Philippines, which fuse decolonial and nationalist sensibilities to confrontational forms of illiberalism, should be examined as part of the larger unfurling of illiberal adaptation politics across Philippine history and the Global South. These politics, and their considerable (though far from total) local resonance, challenge both universalist Western political rationalities and new directions in climate justice movement calling for ontological inclusivity. I highlight the need for a closer examination of the origins, practices and implications of violent adaptions.     

Cold War Conflicts and Cheap Cabaret: Sexual Politics at the 1975 United Nations International Women's Year Conference

In a widely read memoir, a Bolivian union militant signals the moment of her alienation from the nongovernmental organisation tribune of the United Nations’ 1975 International Women's Year (IWY) conference in Mexico City by describing her dismay when she encountered a group of women clamouring for sexual rights, reiterating a persistent narrative about a trade‐off between sexual rights and other forms of social justice.
Drawing on feminist performance theory, this article examines the political performances of three central figures at IWY – Domitila Barrios de Chungara, Betty Friedan and Mexican theatre director Nancy Cárdenas – to explore the ways that political performances rooted in distinct scenarios, or historical contexts, generated a confusion of meanings around campaigns for sexual rights.     

Indigenous free prior informed consent: a case for self determination in World Heritage nomination processes

Free prior informed consent is a critical concept in enacting the rights of Indigenous People according to the United Nations Declaration on the Rights of Indigenous Peoples. This paper outlines a case for the inclusion of free prior informed consent in World Heritage nomination processes and examines issues that are problematic when enacting free prior informed consent. Case research was used to analyse current issues in the potential nomination of certain areas of Cape York Peninsula, Australia. The authors’ reflexive engagement within this case offers insights into the praxis of developing a World Heritage nomination consent process. The outcomes of this research were: preconditions need to be addressed to avoid self-exclusion by indigenous representative organisations; the nature of consent needs to account for issues of representation and Indigenous ways of decision making; the power of veto needs to have formal recognition in the nomination process; and prioritising self-determination within free prior informed consent ensures the intent of the United Nations Declaration on the Rights of Indigenous Peoples. The paper contributes to the human rights agenda of Indigenous People and conservation management processes by helping address the issues that will be raised during a World Heritage nomination process.     

Rights to the rescue? The promotion of Indigenous women's political-electoral rights and the rise of the Mexican security state

This article demonstrates how the promotion of Indigenous women's political-electoral rights in Mexico has furthered a conservative agenda of state securitization. To do so, it presents a discourse analysis of national media reports focused on the story of Eufrosina Cruz, a Zapotec woman who became the figurehead for state-led initiatives to promote Indigenous women's rights. It argues that a colonial rescue narrative constructed through Cruz's figure helped generate new hegemonic discourses of gendered indigeneity that portrayed Indigenous peoples' alternative political practices and spaces as anti-democratic and illegal. In an era where advancements in party democracy were linked to processes of state securitization, these categorizations helped justify new forms of state intervention into Indigenous peoples' lives. By exploring how rights initiatives were discursively constructed through racialized, spatialized and gendered constructions of indigeneity, this article contributes to a critical geography of indigeneity within political geography.     

Bodil Begtrup and the Universal Declaration of Human Rights: individual agency,transnationalism and intergovernmentalism in early UN human rights

The article investigates the individual agency of the little studied transnational, Bodil Begtrup, in the subfields of women's and minority rights, and refugee and asylum policy. Begtrup fulfilled many roles – as state representative, expert advisor, member of the United Nations' Commission on the Status of Women, and president of a national NGO. This article shows how Begtrup enjoyed wide room for manoeuvre in the subfield of women's rights, and acted in this as a transnational norm entrepreneur and process entrepreneur advocating women's rights as an integral part of human rights and forging the change of the institutional design of the UN human rights institutions. In the subfield of minority rights, refugee and asylum policy, Begtrup acted under tight governmental control because the issue at hand was subject to national interest and domestic party politics. Her agency in the two subfields shows how internationalism was a predominant feature in the early shaping of UN human rights. Transnationalism occurred when the subfield in question was not affected by national interest.     

Implementing Australia's National Action Plan on United Nations Security Council Resolution 1325

Australia's victory in securing temporary seats on the United Nations Security Council and the United Nations Executive Board has been much celebrated. This provides an important platform for Australia to further the agenda of women's rights worldwide. As part of this agenda, Australia has provided a commitment to implement United Nations Security Council Resolution 1325 on Women, Peace and Security through the development of the National Action Plan on Women, Peace and Security 2012–2018, released in 2012. This article examines the early thoughts and efforts towards the implementation of this plan. It demonstrates that while there is a broad rhetorical commitment to implementation by Australian actors, there are nonetheless challenges that may threaten its success. Based in part upon interviews with Australian government representatives and policy makers, and activists and advocates of the Women, Peace and Security agenda, this article highlights the success, challenges and opportunities that have so far been associated with implementing this important Resolution.     

Feminism,Gender, and Women's Peace Activism

United Nations Security Council Resolution 1325 on ‘Women, peace and security’, passed in 2000, reflects a recent growth in women's peace activism. Women's resistance to violence is widely believed to be a mobilizing factor in both local and international peace movements. This provokes questions around essentialism and violence of concern to feminists: are men inherently territorial and aggressive, and women naturally nurturing and peaceable? Or is the behaviour of both conditioned by particular local configurations of social relations of power? This contribution reviews these questions in the light of the experiences of women's peace organizations. It concludes that essentializing women's roles as wives, mothers and nurses discourages their inclusion as active decision makers in political arenas, as well as overshadowing the needs of other disadvantaged groups. Rather than seeing war as the violation of women by men, we should recognize that men and women are each differently violated by war.