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Indigeneity is a category of analysis to read the world. Indigeneity is not a culture and much less a race; it is not a linguistic or biological feature. People have long identified through their nations, such as Tikuna, Kaqchikel, Aymara, Naga, or Chumash, before states labeled them Indian during various processes of land-grabbing. The concept of indigeneity is a category invented by the western modernity that produced a world-system hierarchizing life. Indigeneity is a useful lens to understand why some nations have sovereignty to speak at the UN, while others do not. It sheds light on who owns and who is owned, who has citizenship and who is framed as savage. Indigeneity is a category of political analysis that matters for what it reveals about the modern states that use it, more than the people called Indigenous. Indigeneity operates on three levels: as a political identity, as a relation to the state, and as co-constitutive of political modernity. It matters to understand how we got here, and how to get out of it. Today, Indigenous peoples protect water to restore public life, to enrich our polities with relations of non-domination centered on sustaining life.
Before there can be deliberation between peoples, there must be recognition and a mechanism through which deliberation can occur. In 2023, Australians voted on whether to create an advisory body – a Voice – enabling Aboriginal and Torres Strait Islander peoples to make representations to Parliament and government. The Voice was to be both recognition and deliberation mechanism. This article explores the Voice proposal as a means for peoples to come together in constitutional relationship. First, we establish that First Nations and non‑Indigenous peoples have long met, though this meeting has not yet been formally recognised in the Constitution. We situate the Voice within the necessary constitutional history and trajectory of Indigenous claims. The Voice is presented as being an institutional response to the problem of recognition and constitutional identity, offering a platform for a more meaningful relationship between different peoples within a shared polity. Finally, we explain how the Voice was designed to work within existing constitutional arrangements to create a constitutional intersection. The referendum’s rejection does not resolve the enduring challenge of constitutional relations.
The 1972 World Heritage Convention is one of the world’s most widely adopted treaties, providing for the international protection of world cultural and natural heritage that is of outstanding universal value to humankind. While the treaty has enjoyed some significant successes in the protection of heritage around the world, the criteria for assessing and inscribing cultural and natural properties create significant obstacles to meaningful engagement with and recognition of Indigenous relationships with land. Indigenous Peoples have argued that the separation of cultural and natural heritage under the convention is artificial and reifies a problematic nature/culture dichotomy that is inconsistent with the inseparable relationship between Indigenous Peoples, culture, and their lands and waters. Adopting the frame of political ontology, this article explores tensions between Indigenous ontological assertions and the current operation of the World Heritage Convention. The article examines the case study of the Pimachiowin Aki World Heritage property, showing how the World Heritage Advisory Bodies are working to improve engagement with Indigenous ontologies, despite barriers created by inscription criteria. Finally, the article provides pathways forward for a more meaningful and holistic recognition of Indigenous Peoples in World Heritage through amendments to criteria to align with emerging practice.
British colonisation of what were belatedly acknowledged as Aboriginal lands, as part of the European colonisation of the continent, began in January 1788.
The establishment of a penal colony at Port Jackson (Gadigal Land), oblivious to the hundreds of Indigenous nations inhabiting the continent, was to be the start of the British process of reshaping the continent in their own image.
The British (gradually, but with devastating force) imposed significant demographic, social, legal, cultural and spiritual changes upon all the inhabitants of the continent. This chapter focuses largely on how British law carried by those first Englishmen, which later evolved to become the dominant Anglo-Australian law, has had its inevitable effect on Indigenous traditions, largely detrimental, in almost every sphere of life and human endeavour
Beginning in the second half of the twentieth century, Indigenous peoples have been asserting their right to decide the future of their ancestors’ human remains and material culture. This global Indigenous social movement has been referred to as the repatriation movement. This report examines its emergence in South America, focusing on the cases of Chile and Argentina. In particular, this research reflects on how Indigenous repatriation activism has fostered contemporary debates on the ethical treatment of Indigenous human remains and materials of cultural significance. From this perspective, it provides a brief overview of the impact of these debates on scientific and museum communities in both countries, demonstrating the centrality of the repatriation movement for opening up spaces to facilitate a greater understanding of Indigenous peoples’ rights and the responsibility of science to redress historical injustices structured by academic practices.
This chapter delineates the personal scope of rights holders under the right to science as articulated in Art. 15(1) ICESCR. Recognising rights holders as active participants in the human rights framework, it identifies and analyses three distinct categories: private persons (individuals, groups and collective entities), legal persons (including universities, research institutes and corporations) and future generations. The analysis clarifies the nuanced differences between individual, communal and community rights holders, highlighting the active and passive roles individuals and collectives can occupy within the right to science. The chapter further explores the evolving recognition of future generations, emphasising their emerging relevance due to the intergenerational impacts of science and technology, especially concerning climate change, biodiversity and ethical implications of scientific advancements.
The complex relationships between Indigenous groups in the area that became New Orleans undergird the ceremony by which Bienville founded the city in 1718, a ceremony that, in turn, presages the first theatrical production in the city in the early nineteenth century. Despite the massive die-off of the Indigenous, especially in the eighteenth century, as European diseases decimated their numbers, they remained visible in the city all the way into the early twentieth century, particularly through the spectacles of sports and craft-marketing and their close association with the well-known Creole missionary and poet, Father Adrien Rouquette.
This article examines how the emerging framework of “Planetary Health” challenges us to reconsider the role and boundaries of global health law, for example by engaging with systems thinking, eco-centric perspectives, Indigenous knowledge, and newly emerging human rights. How does planetary health inspire novel thinking or new approaches around the conceptualization, design, implementation and/or interpretation of global health law and health-related rights, aiming to protect vital ecological foundations or determinants of health?
Chapter 16 explores the theme of modern Indigenous peoples through five novels: Quarup (1967) by Antônio Calado, Maíra (1976) by Darcy Ribeiro, Nove noites (2002) by Bernardo de Carvalho, O som do rugido da onça (2020) by Micheliny Verunschk, and O que falam as águas (2022) by Ezequiel Vitor Tuxá. It opens by placing nineteenth-century Romantic indianismo alongside its early twentieth-century modernista counterpart, setting the stage for an analysis of Indigenous-themed novels published after the 1960s. While these works share certain themes, they do not form a unified group, as they vary widely in how they approach Indigenous issues. For example, themes of resistance and activism appear only in novels written after the 1988 Brazilian constitution, particularly in those by Verunschk and Tuxá. These two writers, however, offer notably different viewpoints, with Tuxá standing out as the only Indigenous author featured in this chapter.
This chapter explores how the Twa’s space of nature is created in Rwanda by the encounter between global narratives of indigeneity and conservationism with global capitalism and national social norms. These are refracted through the state’s nationalisation agenda and through policies that condition the access of Twa to resources such as land and together form an important element of the space in which they can negotiate their place in Rwandan society. The response of Twa to questions about nature suggests that they have no special connection to nature or to the forests more particularly. Instead, their responses locate them as ordinary villagers focused on subsistence farming and on survival, but draw also upon national cultural norms of success and status. Whereas traditional land is a key part of articulating indigenous identity in global discourse, the Twa’s desire for land cultivation is non-traditional and instead symbolises the aspiration to inclusion and belonging in the mainstream.
In 2011, the Waitangi Tribunal, a permanent commission of inquiry into Crown breaches of the Treaty of Waitangi, recommended reforms to Aotearoa New Zealand’s intellectual property law to recognize Māori authority over mātauranga Māori (Māori knowledge) and taonga (culturally valuable objects). This article uses the case of the haka Ka Mate to argue that the Government’s failure to respond adequately means that Aotearoa New Zealand’s intellectual property system still fails to protect mātauranga Māori and taonga sufficiently. It highlights the limitations of existing statutory mechanisms and the delays in the Māori-Crown work program to respond to the Waitangi Tribunal. The article endorses the Taonga Record Framework, a tikanga Māori-based (Māori customary law) sui generis model, as a culturally grounded and legally viable means of safeguarding taonga and kaitiaki (guardian) relationships. It assesses its potential to support tino rangatiratanga and provide a basis for future law and policy reform.
Among some Indigenous peoples, the Seventh Generation philosophy refers to the idea that our present actions affect future generations of the earth and its inhabitants. Accordingly, it is important to move through the world with the next seven generations in mind. As Indigenous scholars, we consider the implications that Seventh Generation “thinking” has for the future of developmental science. Specifically, we imagine the potential that an Indigenous strengths-based approach to developmental science has for promoting the healing, growth, and flourishing of Indigenous futures. Towards this end, we describe what an Indigenous strengths-based developmental science may entail, which we adapted from recent research conceptualizing an Indigenous strengths-based approach in health and wellness research. Overall, an Indigenous strengths-based approach to developmental science withstands coloniality, honors relationships, transforms Indigenous futures, promotes intergenerational healing, incorporates original instructions, and centers Indigenous cultures.
Edited by
Jessika Eichler, Max-Planck-Institut für ethnologische Forschung, Halle,Mario G. Aguilera, Max-Planck-Institut für ethnologische Forschung, Halle
The chapter responds to movements in international human rights law to articulate Indigenous rights to the environment. Specifically, the chapter draws upon critical Indigenous literature to identify Indigenous concerns regarding international human rights approaches. The analysis provides a brief background on prevailing international law approaches to Indigenous environmental rights, along with an overview of Indigenous critiques of international law for Indigenous peoples. The chapter extends the analysis to international human rights. The analysis reviews of jurisprudence in international law that extends international human rights to protect Indigenous rights to the environment. The analysis follows such review with a critique drawn from the commentaries of Indigenous scholars who view the existing international human rights system as being problematic for Indigenous peoples. The analysis finds that while international human rights law presents potential opportunities to protect Indigenous rights to environment, Indigenous critics still see human rights approaches as being problematic for Indigenous peoples.
Edited by
Jessika Eichler, Max-Planck-Institut für ethnologische Forschung, Halle,Mario G. Aguilera, Max-Planck-Institut für ethnologische Forschung, Halle
This article examines the relationship and conflicts between the Rights of Nature (RoN) framework and the Indigenous right to territory. While RoN has gained recognition across several jurisdictions as a response to the global ecological crisis, it often stems from Western moral-philosophical perspectives supported by conservationist and scientific debates. By contrast, the right to territory of Indigenous peoples represent a struggle for the recognition of ontological and relational plurality arising with the Indigenous peoples-environment nexus. Through analysis of diverse ecocentric frameworks and their legal applications, the article assesses the extent to which the recognition of rights to nature does not always align with Indigenous claims about territory. Additionally, it cautions against the risks of imposing Western ecocentric categories onto Indigenous struggles, which may replicate colonial logics underlying dominant ecocentric approaches. The article concludes by proposing an interpretation of RoN that embraces epistemic plurality and the ontological-relational representation of nature of Indigenous peoples to create spaces for equitable dialogue and strategic alliances between the right to territory of Indigenous peoples and RoN in the fight against anthropocentrism in courts.
We possess a limited understanding of Indigenous electoral behavior, partisanship, and political attitudes. Previous research has mainly focused on explaining Indigenous electoral abstention and has faced constraints, mainly because of small sample sizes. Drawing on data from both the 2019 and 2021 Canadian Election Studies, which encompass an unprecedented number of First Nations, Inuit, and Métis respondents, we explore Indigenous electoral behavior, partisanship, and attitudes toward public spending at the federal level in Canada. We show that while Indigenous respondents remain more likely to consider abstention, they can also be more supportive of third parties than their non-Indigenous counterparts and adopt views spanning the traditional left–right ideological spectrum. These findings encourage a redefinition of the expectations regarding the political behaviors and attitudes of Indigenous Peoples in order to fully engage with diverse political cultures.
This volume makes a legal theoretical contribution to the emerging regime of indigenous environmental rights, drawing on the law, theory, sociological and anthropological approaches. Firstly, it introduces key developments in the field of international human rights law and international environmental law, dealing with contemporary trends but also foundational principles and rights. It then addresses one of the most influential strands, that of (transformative) legal pluralism and its decolonising effects on the law. And in a final part, it uncovers a known conceptual divide, distinguishing between anthropocentric and eco-centric approaches, thereby identifying key developments in the human rights field and rights of nature discourses. The book brings together experts in the field and also creates the space for scholarly dialogue, conceptually and beyond, which ultimately provides answers and directions in the field of indigenous environmental rights, to newcomers and specialised scholars alike.
This article explores the intersection of Indigenous cultural heritage and international intellectual property (IP) law. Drawing on personal narrative, community memory, and institutional experience, it traces how, despite colonial legacies embedded within global IP regimes, Indigenous Peoples have carved out space for agency and influence through diplomatic engagement in international forums such as the World Intellectual Property Organization (WIPO). The article narrates and examines the evolution of Indigenous participation within WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC), culminating in the landmark adoption of the 2024 WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. Through the lens of “Indigenous diplomacy,” it argues that Indigenous advocates have not only contested exclusion but also reshaped aspects of legal norms, contributing to a broader decolonial movement that seeks justice, recognition, and the right to control and benefit from their intellectual and cultural heritage.
This Element introduces various justifications for reparations and redress for historical injustice discussed in political theory and philosophy. It examines multiple real-world cases to illustrate and test theories. It is accessible to students and scholars unfamiliar with the field, while providing new arguments for experts in the field, and organizing the debate around reparations in new ways. The Element is divided into four main sections. The first three sections examine different temporal orientations of justice: backward-looking, forward-looking, and structural injustice over time. The fourth section examines Indigenous perspectives and settler colonial theory, which complicate and problematize the temporal orientations and arguments from the other sections. The discussion in this Element is organized around two recurring theses. First, approaches relying on primarily forward-looking justifications could be made more plausible and compelling by incorporating backward-looking elements (and vice versa). Second, past injustice can change what should (publicly) count as justice.
What do clients value in legal representation? Based on 65 in-depth interviews with Anishinaabek litigants and their relatives, this study explores how clients construct attorney–client relationships, value representation and experience justice. Drawing from the sociolegal literature on access to justice, attorney–client relationships, and legal services delivery, this article extends understandings of how relationship dynamics inform client evaluations of legal representation and their justice experiences. Caretaking, or a reciprocal relationship with a lawyer based on human connection, respect and a mutual sense of being in a difficult situation together, emerges as a crucial way Anishinaabek value lawyers that help them navigate confusing legal processes during difficult times in their lives. These findings question the promises of procedural justice by illuminating how clients decouple their experiences with lawyers from their views of the justice system. They also contribute to timely debates about the importance of legal representation and access to justice in marginalized communities.
In January 2025, a symposium convened by Japan’s National Committee of the International Council on Monuments and Sites (ICOMOS) adopted the Gunma Declaration on Heritage Ecosystems, a new World Heritage framework that, for the first time, explicitly references Indigenous Peoples and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as part of the World Heritage system’s “authenticity” criterion. This commentary offers a critical and reflexive analysis of the declaration’s development, drawing on the author’s experience as a symposium participant. It examines the tension between the declaration’s transformative potential – particularly its alignment with Indigenous understandings of the inseparability of nature and culture – and the structural exclusion, silencing, and erasure of Indigenous voices witnessed during its drafting. The analysis highlights how colonial narratives of “contaminated” Indigenous cultures, “purity,” and “authenticity” continue to determine Indigenous legitimacy in practice. This commentary argues that the Gunma Declaration’s advances risk becoming forms of symbolic recognition and illusory inclusion unless translated into enforceable state practice. Ultimately, this commentary is offered as an act of Indigenous resurgence, urging that the future of heritage governance be grounded not in institutional rhetoric but in Indigenous self-determination and the courage to imagine the World Heritage system otherwise.