Self-determination versus the determination of self: A critical reading of the colonial ethics inherent to the united nations declaration on the rights of indigenous peoples
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Global Ethics 3 (3):359 – 379 (2007)
The United Nations' (UN) adoption of a Declaration on the Rights of Indigenous Peoples is intended to mark a fundamental ethical turn in the relationships between indigenous peoples and the community of sovereign states. This moment is the result of decades of discussion and negotiation, largely revolving around states' discomfort with notion of indigenous self-determination. Member states of the UN have feared that an ethic of indigenous self-determination would undermine the principles of state sovereignty on which the UN is itself grounded. However, such fears are the result of very poor understandings of the ethical principles under which the relations between indigenous peoples and nation-states already have been formed under centuries of European colonialism. The principle of self-determination embraced in this Declaration does not diverge from colonial norms; it entrenches these norms as international policy. Without doubt, indigenous peoples are more likely to benefit than suffer from states' observance of the Articles within this Declaration. Reducing the challenge of indigenous peoples' rights to the notion of self-determination set out in this document, though, misses an extraordinarily important opportunity to critically investigate the ethic of rights that has produced an opposition between nation-states and indigenous peoples to begin with. A true turn in the ethics of this relationship would see not simply the institution of a right to self-determination but, rather, indigenous peoples' right to first determine the nature of self for themselves.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
John Locke (1988). Two Treatises of Government. Cambridge University Press.
Thomas Hobbes (1968). Leviathan. Harmondsworth, Penguin.
Shiraz Dossa (1999). Liberal Legalism: Law, Culture and Identity. The European Legacy 4 (3):73-87.
Barbara Arneil (1992). John Locke, Natural Law and Colonialism. History of Political Thought 13 (4):587-603.
Farid Samir Benavides Vanegas (2004). Hermeneutical Violence: Human Rights, Law, and the Constitution of a Global Identity. International Journal for the Semiotics of Law - Revue Internationale de s�Miotique Juridique 17 (4):391-418.
Citations of this work BETA
No citations found.
Similar books and articles
Susan Dodds (1998). Justice and Indigenous Land Rights. Inquiry 41 (2):187 – 205.
Andrew Hunter (2007). Indigenous Peoples' Intellectual Property. The Proceedings of the Twenty-First World Congress of Philosophy 3:97-103.
Terry Dunbar & Margaret Scrimgeour (2006). Ethics in Indigenous Research – Connecting with Community. Journal of Bioethical Inquiry 3 (3):179-185.
Roy W. Perrett (1998). Indigenous Rights and Environmental Justice. Environmental Ethics 20 (4):377-91.
Roy W. Perrett (1998). Indigenous Rights and Environmental Justice. Environmental Ethics 20 (4):377-391.
Felix Mukwiza Ndahinda, Victimization of African Indigenous Peoples: Appraisal of Violations of Collective Rights Under Victimological and International Law Lenses.
Michael Lane, Indigenous Peoples Tribal Self Government: Legal History and Public Policy Manifestations in Canada, New Zealand and the United States.
Megan Jane Davis, Indigenous Rights and the Constitution: Making the Case for Constitutional Reform.
Added to index2009-01-28
Total downloads45 ( #93,339 of 1,907,063 )
Recent downloads (6 months)1 ( #468,221 of 1,907,063 )
How can I increase my downloads?