Contemporary notions of what constitutes tribal self government for Indigenous Peoples in the legal systems of the nation-states Canada, New Zealand and the United States of America have their origins in philosophies and theories developed by European nation-states generally, in relation to their colonial expansion into what is now called the Americas. This thesis examines the nature of these theories, and how they have formed the basis for legal precedent and public policy in the three nation-states. A representative (...) analysis of three contemporary issues will serve to illustrate the outcome of this legal/political history. I look at three sites. These are the British Columbia Treaty Process in Canada, the Waka Umanga legislation in New Zealand, and legal developments arising from the Indian Reorganization Act in the United States. Full sovereignty from an Indigenous Peoples worldview existed for Indigenous nations, and with it, self government. The notion of self government as a viable and contemporary public policy initiative is well grounded in law and history. It would seem that current initiatives to acknowledge this inherent right are more about preserving colonial hegemony rather then engaging in honest negotiation. Current initiatives are converging into a single public policy goal; namely the corporatisation of Indigenous Peoples legal personality and self governing capacity. What used to be distinct nation-state development now seems to be a four nation-state (CANZUS) unified plan being implemented on four different fronts. Clearly, from the legal history, self government is something fundamentally different from self-management. The advent of Legal Positivism has played a significant role in assumptions that inherent sovereignty and self government never existed under European legal systems. The framework of tribal self governance must be viewed in the context of the values of the specific People to be a true expression of an Indigenous Nation exercising self government. This fundamental distinction can be traced back to the legal history. The foundational laws regarding interactions with Indigenous Peoples were developed under theories of natural law. The contemporary state practice is conducted under positivist law, with a nod toward developing human rights standards. Only through continued advocacy for the legal recognition of inherent rights will the nation-states be challenged on their self management agenda. (shrink)

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists (...) analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case. -/- While much of the focus is on bioprospecting and natural product development, Indigenous Peoples, Consent and Benefit-Sharing also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. -/- ‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University . (shrink)

Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.

We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the trusteeship model. (...) Whereas the interaction between states and foreign nationals is the locus of cosmopolitan law, the relationship between states and indigenous peoples is distinctive. In the ordinary cosmopolitan case, foreign nationals do not purport to possess legal authority. Indigenous peoples often do make such a claim, pitting their claim to authority against the state’s. We discuss how international law has attempted to come to grips with indigenous sovereignty by requiring states to include indigenous peoples in decision-making processes that affect their historical lands and rights. A crucial fault line in the jurisprudence, however, separates a duty to consult indigenous peoples from a duty to acquire their free, prior and informed consent. The latter but not the former recognizes that indigenous peoples possess a veto over state projects on their lands, in effect recognizing in them a limited co-legislative power. We focus on recent jurisprudence from the Inter-American Court of Human Rights, and consider whether either the duty to consult or FPIC are enough to dispel the shadow of the trusteeship model’s colonial past. We suggest that they are a move in the right direction, and that implicitly they represent international law’s recognition that states are no longer the sole bearers of sovereignty at international law. In limited circumstances, international law recognizes indigenous peoples as sovereign actors. (shrink)

This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release of (...) such organisms. To address those challenges, it is proposed that nations considering the environmental release of GE animals must take into account the underlying circumstances and policy failures that motivate arguments for the use of the modified animals. Moreover, countries must recognize that the UN International Covenant on Civil and Political Rights and the UN International Covenant on Economic, Social and Cultural Rights place on them an obligation to ensure that GE animals with patented heritable traits are not released without the substantive consent of the nations or indigenous peoples that could be affected. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights (...) such as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

The paper describes the unique health ethics challenges of working with Indigenous peoples. It explores the distorting impacts of colonial law and economic policy on clinical ethics decision making and makes some practical recommendations for overcoming or subverting them.

Finland is currently undergoing a fundamental structural transformation in the forestry sector, with factories closing in the Global North and production being shifted to the Global South (see also Carrere & Lohmann 1996; Cossalter & Pye-Smith 2003). This is accompanied by Finnish mass movements protesting unemployment and demanding corporate social responsibility (CSR) from theforest industry. The difficult domestic situation, however, seems to overshadow the circumstances of the new production regions in the South. What do we actually know about the impacts (...) of the Finnish forestry sector in those societies? The branches of global forest companies may be located in regions that are experiencing various societal conflicts – like in the case of indigenous communities in northeastern Brazil, where the question of land ownership remains unsolved. The aim of our paper is to bring out the perspective of these traditional communities and the legitimacy problems of the Finnish forest industry in Brazil. We also scrutinize the corporate tactics by which companies seek to gain societal acceptability in the region. These range from social programs and campaigns to violent confrontations, even to attempts to deconstruct the identities of indigenous communities. Our general argument is that while companies have outlined their CSR policies in theory, the situation in actual practice is quite different. Companies often fail to take into account the prevailing socioeconomic conditions in the region and some of the more marginal stakeholders like indigenous peoples, who obviously have no economic importance to the company. (shrink)

Epidemiology for and by Indigenous peoples uses quantitative and statistical methods to better document Indigenous health concerns, and is oriented around providing data for use in advocacy to promote Indigenous health equity. This advocacy-oriented, technoscientific work bridges the often distinct social worlds of Indigenous communities, professional public health research, and public policy-making. Using examples from a multisited ethnographic study in three settings, this paper examines the forms of expertise that researcher/practitioners enact as they conduct research (...) that simultaneously harnesses epidemiology’s persuasive power in social worlds like public health and public policy, while also critically challenging legacies of colonialist erasures and misrepresentations of Indigenous health in population statistics. By demonstrating how these continual translations across multiple social worlds enact expertise, this analysis offers a new integration of discussions about both coloniality and expertise within science and technology studies. By focusing on the experiences of technoscientific professionals themselves, this study’s findings also pose new questions for broader STS conversations about how activism is shaping the production of knowledge about health in the twenty-first century. (shrink)

There has been a long-standing debate about the roles of San in the militaries of southern Africa and the prevalence of violence among the Ju/'hoansi and other San people. The evolutionary anthropology and social anthropological debates over the contexts in which violence and warfare occurs among hunters and gatherers are considered, as is the “tribal zone theory” of warfare between states and indigenous people. This paper assesses the issues that arise from these discussions, drawing on data from (...) San in Angola, Namibia, Botswana, and Zimbabwe. Utilizing cases of how San have been affected by military forces and wildlife conservation agencies in what became protected areas in southern Africa, this article shows that indigenous peoples have been treated differentially by state and nongovernmental organizations involved in anti-poaching, shoot-to-kill, and forced resettlement policies. Particular emphasis is placed on the!Xun and Khwe San of southern Angola and northern Namibia and the Tshwa San of western Zimbabwe and northern Botswana, who have been impacted by militarization and coercive conservation efforts since the late nineteenth century. Principal conclusions are that conservation and militarization efforts have led to a reduction in land and resources available to indigenous people, higher levels of poverty, increased socioeconomic stratification, and lower levels of physical well-being. San have responded to these trends by engaging in social activism, forming community-based institutions, and pursuing legal actions aimed at obtaining human rights and equitable treatment. (shrink)

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. (shrink)

The article examines the social dimensions of poverty in the context of gender, dalit, tribal and Muslim minorities in the country. Reviewing the process of globalisation in the country, it notes that the largest section of workers continue to work in the unorganised sector. The shifting of global capital to the South and particularly to India has increased opportunities for women to work in the garment export industry. Characterised by low pay and poor working conditions, the industry exploits women. The (...) fear of job loss has led to new forms of resistance by women workers not only at the workplace but within the community linking with social movements for protection and advancement. Small and marginal farmers including women agricultural workers are impacted by global markets leading to destruction of rural livelihoods. Dalit women have demonstrated how to create household food security by internalising inputs and creating alternative markets. Policy planners need to learn from these experiences and upscale at a national level. Regenerating commons and promoting non-chemical agriculture are other means to restore ecological balance and economic health of the agriculture sector. Tribal, dalit and Muslim minority socio-economic rights are eroded further due to the process of globalisation. To move towards more inclusive growth, public spending on education and health has to increase. Responding to people's movements the state needs to implement pro-people policies and programmes. Mobilising women into SHGs is seen as a panacea to ensure women's development. Currently, it has created a debt burden on women. An alternative agenda for empowerment is outlined for action. (shrink)

Durante las últimas dos décadas las culturas de los pueblos originarios del país quedan inscritas en el corazón de las movilizaciones étnicas y de la política indígena de los recientes gobiernos democráticos y, con ello, experimentan una nueva dinámica e importantes transformaciones. La cultura es a la vez el fundamento y objeto estratégico de acción en la emergencia indígena desarrollada en el periodo. Su conformación como sujetos colectivos se establece desde el recurso a la cultura propia, que les otorga especificidad. (...) También se constituye en objeto de una política cultural y de diversos cursos de acción. Participan de ello agentes culturales indígenas, agencias públicas especializadas y grupos e instituciones de la sociedad civil. De su concurrencia se gesta un proceso nuevo de construcción social de lo cultural indígena, cuya estructuración toma la forma de un dominio o campo de lo cultural indígena en Chile. Cultural issues in Chile are undergoing new dynamics and important transformations. During the past two decades, Chilean indigenous people’s cultures have been circumscribed in the core of ethnical mobilizations and indigenous policies deployed by recent democratic governments. Cultural issues are both the basics and the strategic action object within the indigenous ethnogenesis developed during this period. Their formation as collective subjects rises up from access to their culture, which bestows upon them specificity. It also set itself up as an object of cultural policy and diverse ways of action. Indigenous cultural agents, specialized public agencies and civil society groups and institutions participate in this phenomenon. From this concurrence, a new process of social construction of indigenous cultural issues rises. Its structure takes the shape of a scope or a field of indigenous cultural issues in Chile. (shrink)

In 2016, Taiwan’s President Tsai Ing-wen officially apologised to the island’s indigenous peoples. This national apology not only plays a persuasive role in informing the general public about the historical wrongdoings inflicted on the Taiwanese aborigines, but also constitutes a therapeutic and restorative role in the process of reconciliation with the indigenous victims. This article provides a critical discourse analysis of President Tsai’s apology. In particular, it examines the power and ideology embedded in both the speech and the (...) related ceremony, and is supplemented with extracts from interviews with a cross-section of key stakeholders, such as a former Constitutional/supreme Court Justice, indigenous/tribal leaders and members/staff/advisers from the Presidential Office Indigenous Historical Justice and Transitional Justice Committee. The analysis reveals that, despite President Tsai’s apology and reconciliation policies, instead of facilitating reconciliation, the apology appears to exacerbate the long-standing latent tension between indigenous and non-indigenous groups. While the apology opens a window for reconciliation, a higher level of commitment is required to promote structural and systemic changes, such as land restitution, before the apology can be deemed adequate. (shrink)

Despite the United Nations Declaration of the Rights of Indigenous Peoples, assimilationist policies continue, whether official or effective. Such policies affect more than the right to group choice. The concern is whether indeed genocide or “only” ethnocide (or culturecide)—the elimination of a traditional culture—is at work. Discussions of the distinction between the two terms have been inconsistent enough that at least one commentator has declared that they cannot be used in analytical contexts. While these terms, I contend, have distinct (...) senses, yet in cases of governmental and other institutional assimilationist policy for indigenous peoples, such ethnocide effectively entails genocide. Insofar as any people’s cultural practices and beliefs are essential for life and health, individuals in groups value, if tacitly, their culture as highly as their language or any artifact: Thus, attempts to eradicate a culture through assimilation in fact eradicate individuals’ lives and health and so are effectively murderous. Acknowledgement by worldwide organizations that assimilationist ethnocide is effectively genocide should affect policy concerning indigenous peoples and thus has significance for international law. (shrink)

In 1991, the Australian Commonwealth Parliament unanimously passed the Council for Aboriginal Reconciliation Act 1991. This Act implemented a 10-year process that aimed to reconcile Indigenous and non-Indigenous people by the end of 2000. One of the highest priorities of the reconciliation process was to address Indigenous socio-economic disadvantage, including health, education and housing. However, despite this prioritising, both the Keating Government (1991–1996) and the Howard Government (1996–2000) failed to substantially improve socio-economic outcomes for Indigenous (...) people over the reconciliation decade. In this paper, I examine one of the most prominent socio-economic areas, that of Indigenous health. First, I discuss the appalling levels of Indigenous health throughout the reconciliation decade by analysing a number of health indicators, including life expectancy, infant mortality rate, standard mortality ratios, hospital rates and health Infrastructure. This analysis reveals significant and often worsening disadvantage in these health indicators. Second, I analyse a number of policies and programs concerning Indigenous socio-economic disadvantage that were developed by Commonwealth Governments in the 1990s. I argue that these policies and programs largely failed to address Indigenous socio-economic disadvantage. I also discuss alternative policies and programs that could reduce the significant levels of socio-economic disadvantage suffered by Indigenous people. (shrink)

Indigenous peoples are referenced at various times in communication, debates, and academic and policy discussions on geoengineering. The discourses I have in mind f...

‘You mean to say we’re not the only people in the world with the problem of a national park?’ This question was raised during a focus group discussion held with an indigenous community whose ancestral domain overlaps entirely with a national park in the Philippine Cordillera. The question encapsulates an experience shared across the Philippines, particularly in spaces where both the Indigenous Peoples’ Rights Act and the National Integrated Protected Areas System are implemented. This paper examines recent (...) developments in indigenous leaders’ participation in, and critique of, the implementation of these two laws and the development of environmental policies. It follows an emerging, multi-sectoral movement calling for the recognition of Indigenous Communities Conserved Areas and Territories, which has led to the crafting of a draft law. The ICCA bill is envisioned as a law that will resolve indigenous peoples’ problems with national parks, while meeting biodiversity conservation targets. The authors direct attention to how indigenous leaders campaigning for the ICCA bill are asserting their right to delineate space and make decisions in the contexts of policy-making and implementation. It is argued here that their articulations are registers of indigenous critique. Taking these critiques seriously has the potential to drive conservation policy-making past the stewardship stalemate, where conservation goals are pursued at the cost of indigenous peoples’ right to self-determination and indigenous peoples are expected to perform harmony with nature. (shrink)

This article explores the recurrent global claim by indigenous peoples for their spiritual concerns to be taken seriously and given appropriate effect in public policy. The secular liberal state's commitment to ideals of religious neutrality and equal treatment of all faiths and none is clearly tested to the degree it privileges traditional indigenous religion in the name of fostering indigenous culture. This dilemma has been acutely raised in New Zealand where Maori metaphysical concerns—the appeasement of taniwha (...) (spiritual monsters) and the evils of mingling the mauri (life-force) of human and non-human species in genetic engineering—have been subjected to judicial scrutiny. Quite apart from issues of justiciability, the legal acknowledgment of indigenous spirituality raises questions about the continued secularity of the state. This essay traverses the varying responses to indigenous spirituality, especially criticisms that such recognition constitutes government countenancing of primitive superstition, a fostering of paganism or naked religious favouritism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Seeing Red: Indigenous Land, American Expansion, and the Political Economy of Plunder in North America by Michael John WitgenGeronimo Barrera de la TorreSeeing Red: Indigenous Land, American Expansion, and the Political Economy of Plunder in North America BY MICHAEL JOHN WITGEN Williamsburg, Va., and Chapel Hill, N.C.: Omohundro Institute for the Study of Early American History and Culture and the University of North Carolina Press, 2022The (...) colonial projects of nation-states in the Americas have defined the relationship between states and Indigenous peoples by means of [End Page 138] dispossession, as Anishinaabeg thinker Leanne Betasamosake Simpson asserts.1 Seeing Red delves into the processes through which dispossession of Indigenous land became the ideology and systematic practice behind US expansion as Indigenous communities struggled to reshape their place in the new context. The book carefully details the settler- colonial ideology and logic of elimination that permeated US territorial expansion over the Northwest Territories at the end of the eighteen and the first decades of the nineteenth centuries. Seeing Red thoroughly examines the complex context of dispossession by the US colonial power, centering on Anishinaabeg communities, the “mix- race” population, and the different Indigenous people inhabiting this region. However, the book focuses on what the author names “unthinkable history,” following Michel- Rolph Trouillot’s argument that this region, and the whole continent, was conceived as an unsettled territory instead of belonging to many Indigenous peoples. Thus, the text explores Indigenous and mixed- raced communities’ political imaginaries and imagined futures to retain autonomy and territory.Author Michael John Witgen is a citizen of the Red Cliff Band of Lake Superior Ojibwe and a professor in the Department of History and the Center for the Study of Ethnicity and Race at Columbia University. His research centers on the complex relations between Indigenous people and settler colonizers in the Great Lakes and the Northwest Territories. Seeing Red expands his previous analysis of race, ethnicity, and citizenship intersections, bringing to the fore Indigenous people’s history to rethink the statemaking process in the United States.This book’s pages show that theft lies at the foundation of wealth transfer from Indigenous territories to the United States government and white citizens. The white settler ideology, based on a “doctrine of discovery,” established a stark division between the civilized and uncivilized to rationalize, among other things, the theft of Indigenous people. This is a central argument of the book that signals how the civili zation project underpinning the territorial expansion of the United States was based on the transformation of commons into private property. Indigenous land became critical in the “political economy of plunder” advanced by the state and the meaning of “native” as a racial categorization of exclusion. Chapter 1 explores this economy of plunder by detailing the advancement of the settler frontier through different [End Page 139] mechanisms, such as the treaty policy— subsequently violated by the state— and territory surveying to make land legible for the state and cheap for settlers. It is worth mentioning that the book contains historical and thematic maps that visually represent the ideology of wilderness behind the colonization project and evidence of the territorial extent of dispossession suffered by Indigenous communities. However, this crusade to dispossess Indigenous peoples from their territory also rested on the national mythology that strengthened the trope of Indigenous vanishing. The author shows how during the years of the study, the Indigenous population was not vanishing but immersed in an intricate social world and transregional trade networks. Chapter 2 explores such context, following the story of an Ojibwe man to evidence the context in which settlers and federal officials relied on Indigenous customs to profit from the fur trade while using ties with communities to further land cessions.Mix- race families played a crucial role in expanding the settler frontier through treaty negotiations but remained marginalized as they identified themselves as both Natives and US citizens. Chapter 3 examines the significance of mixed- raced families, particularly women, in establishing and expanding missions’ schools that relied on their domestic and linguistic labor. Moreover, it shows the intricate landscape of the civilization mission that depended on the complex networks that had created... (shrink)

Despite challenges for U.S.-Mexico border Indigenous activists in their efforts to counter dominant discourses about both border policy and Native rights, Indigenous activists assert their rights as they advocate for public policies and actions that affirm and protect these rights. This article explores some of the discursive strategies used by Indigenous activists to index Indigenous identities and lifeways and to counter mainstream conceptualizations of Native identity and Indigenous rights on the U.S.-Mexico border. Through such (...) semiotic strategies, Indigenous border activists create indigenized and legitimized political spaces for the assertion of their beliefs. Indigenous border activists achieve this through metasemiotic constructs that draw from stereotypes about Native people and their use of language as well as through the active mobilization of schemas for conceptualizing both Native American experiences and the U.S.-Mexico border. (shrink)

In colonial societies such as Canada the implications of colonialism and ethnocide (or cultural genocide) for ethical decision‐making are ill‐understood yet have profound implications in health ethics and other spheres. They combine to shape racism in health care in ways, sometimes obvious, more often subtle, that are inadequately understood and often wholly unnoticed. Along with overt experiences of interpersonal racism, Indigenous people with health care needs are confronted by systemic racism in the shaping of institutional structures, hospital policies (...) and in resource allocation decisions. Above all, racism is a function of state law – of the unilateral imposition of the settler society law on Indigenous communities. Indeed, the laws, including health laws, are social determinants of the ill‐health of Indigenous peoples. This article describes the problem of Indigenous ethnocide and explores its ethical implications. It thereby problematizes the role of law in health ethics. (shrink)

Deliberative scholars have suggested that citizens should be able to exchange arguments in public forums. A key element in this exchange is the rational mode of communication, which means speaking through objective argumentation. However, some feminists argue that this mode of communication may create or intensify epistemic injustices. Furthermore, we should not assume that everyone is equally equipped to take part in deliberation. Certain groups, such as Indigenous peoples, for instance, who may not be versed in rational forms of (...) argumentation, may not be listened to or involved sufficiently in the deliberative process. Therefore, it seems we need an alternative mode of communication, such as storytelling, which is a first-person or collective narrative. Given this, how should we pursue this goal? This article aims to answer this question by analysing a local conflict involving an Indigenous tribe and a neighbouring community in Brazil and exploring the underlying testimonial and hermeneutical injustices. I argue that storytelling has an important normative and institutional role in public deliberation and show that its applied version could overcome epistemic injustices and lead to better public policies. (shrink)

Research ethics regulation in parts of the Global North has sometimes been initiated in the face of biomedical scandal. More recently, developing and recently developed countries have had additional reasons to regulate, doing so to attract international clinical trials and American research funding, publish in international journals, or to respond to broader social changes. In Taiwan, biomedical research ethics policy based on ‘principlism’ and committee- based review were imported from the United States. Professionalisation of research ethics displaced other longer-standing (...) ways of conceiving ethics connected with Taiwanese cultural traditions. Subsequently, the model and its discursive practices were extended to other disciplines. Regulation was also shaped by decolonizing dis- courses associated with asserting Indigenous peoples’ rights. Locating research ethics regulation within the language and practices of public policy formation and transfer as well as decolonization, allows analysis to move be- yond the self-referential and attend to the social, economic and political context within which regulation operates. 研究倫理規範甚至法制化的濫觴,過去在有些北美國家是為了回應其國內發生的醫學研究倫 理醜聞。但近年來,無論是發展中或已開發國家,往往是為了爭取國際醫學臨床試驗計畫能在 其國內執行、爭取美國相關研究經費、能在英語的國際期刊發表文章、或是因應國內相關社會變化。 以台灣來說,基於「原則主義」的醫學領域之研究倫理政策及規範,以及在研究機構內成立 委員會專責倫理審查的運作模式,可說完全移植自美國。這種運作模式及研究倫理的專業化, 不但逐漸取代過去已融合台灣文化的研究倫理觀쳀,且在這種運作模式下的倫理論述及實作, 更從醫學領域擴展至其他研究領域。在此同時,台灣的研究倫理規範之發展,也受到台灣原住 民族的去殖民化及群體權主張等影響。. (shrink)

The social science literature on identity politics around questions of race and ethnicity is profuse, prolix and contentious. Indigenous identity politics have seen a parallel growth and are equally complex. While there are analogies and overlaps, indigenous identities and social movements are neither conceptually nor empirically a sub-set of ethnic identities. The central issue of indigenous groups is the place of first peoples in relation to the nation-state system. This takes different forms in old world states of (...) Asia and Africa to those of new world settler states of the Americas and Australasia. While the major issues of the indigenous peoples have expanded beyond their national boundaries, their modes of participation in the national political arenas vary. They share a gradual nationalization of indigenous movements, including stronger links with socio-political forces of the respective countries in the region, a heightened consciousness of global processes and the broadening and enrichment of their socio-cultural and economic objectives. This paper looks at trans-national dimensions of indigenous social movements and identity politics in relation to nation-state policy regimes and examines the varying routes taken by indigenous peoples to achieve their goals. (shrink)

This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of “tribalism,” regarding the language and laws of V. S. coh’ nialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U. S. government, which includes the state as well as federal level. The paper (...) proceeds to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as “indigenous kinship” in traditional communalism; today, these Native American societies are called “tribal nations” in contrast to the Supreme Court Marshall Decision which labeled them “domestic dependent nations.” This history up to the present state of affairs as it affects Native American women is contextualized as “patriarchal colonialism” and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a “trickle down patriarchy” that marks male dominance in tribal politics. A final statement calls for “Native Womanism” in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of "tribalism," regarding the language and laws of U. S. colonialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U. S. government, which includes the state as well as federal level. The paper proceeds (...) to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as "indigenous kinship" in traditional communalism; today, these Native American societies are called "tribal nations" in contrast to the Supreme Court Marshall Decision which labeled them "domestic dependent nations." This history up to the present state of affairs as it affects Native American women is contextualized as "patriarchal colonialism" and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a "trickle down patriarchy" that marks male dominance in tribal politics. A final statement calls for "Native Womanism" in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of "tribalism," regarding the language and laws of U. S. colonialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U. S. government, which includes the state as well as federal level. The paper proceeds (...) to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as "indigenous kinship" in traditional communalism; today, these Native American societies are called "tribal nations" in contrast to the Supreme Court Marshall Decision which labeled them "domestic dependent nations." This history up to the present state of affairs as it affects Native American women is contextualized as "patriarchal colonialism" and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a "trickle down patriarchy" that marks male dominance in tribal politics. A final statement calls for "Native Womanism" in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

The Truth and Reconciliation Commission of Canada made it clear that understanding the historical, social, cultural, and political landscape that shapes the relationships between Indigenous peoples and social institutions, including the health care system, is crucial to achieving social justice. How to translate this recognition into more equitable health policy and practice remains a challenge. In particular, there is limited understanding of ways to respond to situations in which conventional practices mandated by the state and regulated by its (...) legal apparatus come into direct conflict with the values and autonomy of Indigenous individuals, communities, and nations. In this paper, we consider two cases of conflict between Indigenous and biomedical perspectives to clarify some of the competing values. We argue for the importance of person‐ and people‐centered approaches to health care. These value conflicts must be understood at multiple levels to clarify their personal, social, cultural, and political dimensions. Taking into account the divergence between epistemic cultures and communities allows us to understand the multiple narratives deployed in decision‐making processes in clinical, community, and juridical contexts. Recognizing the knowledge claims of Indigenous peoples in health care can help clinicians avoid reinforcing the divides created by the structural and institutional legacy of colonialism. This analysis also provides ways to adjudicate conflicts in health care decision‐making by disentangling cultural, political, medical, and pragmatic issues to allow for respectful dialogue. Insofar as the engagement with cultural pluralism in health care rights is conducted with reciprocal recognition, the medical community and Indigenous peoples can address together the difficult question of how to integrate different epistemic cultures in the health care system. (shrink)

: This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of "tribalism," regarding the language and laws of U. S. colonialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U.S. government, which includes the state as well as federal level. The paper proceeds (...) to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as "indigenous kinship" in traditional communalism; today, these Native American societies are called "tribal nations" in contrast to the Supreme Court Marshall Decision (The Cherokee Cases, 1831-1882) which labeled them "domestic dependent nations." This history up to the present state of affairs as it affects Native American women is contextualized as "patriarchal colonialism"and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a "trickle down patriarchy" that marks male dominance in tribal politics. A final statement calls for "Native Womanism" in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism. (shrink)

Settler colonisation continues to cause much damage across the globe. It has particularly impacted negatively on Indigenous peoples’ health and wellbeing causing great inequity. Health professional education is a critical vehicle to assist in addressing this; however, non‐Indigenous educators often feel unprepared and lack skill in this regard. In this qualitative study, 20 non‐Indigenous nursing, physiotherapy and occupational therapy educators in Australia were interviewed about their experiences and perspectives of teaching Indigenous health. Findings from the inductive (...) thematic analysis suggest educators require skill development to: identify their discomfort in teaching cultural safety; contextualise the sources of this discomfort and; reflect on how this understanding can improve their teaching. Additionally, educators require professional training to become practitioners of cultural humility and to be facilitators and colearners (rather than experts) of the Aboriginal‐led curriculum. Of relevance to this is educator training in how to decentre non‐Indigenous needs and perspectives. Educators can also renew their teaching practices by understanding what a dominant settler paradigm is, identifying if this is problematically present in their teaching and knowing how to remedy this. Crucial to improved cultural safety teaching is institutional support, which includes Indigenous leadership, institutional commitment, relevant policies, and well‐designed professional development. (shrink)

Despite recent strides in the direction of achieving a more equitable and genuine place for Indigenous voices in the conservation conversation, the conservation movement must more deliberately and thoroughly grapple with the legacy of its deeply settler colonial history if it is to, in actuality and not merely in rhetoric, achieve the aim of being more equitable. In this article, we show how the conservation movement, historically and still largely today, traffics in certain ethical and political values that are, (...) in principle or in effect, anti-Indigenous. Through this examination, we hope to reveal how present-day conservation efforts, even if ‘well-meaning’ or nominally deferential regarding Indigenous peoples and perspectives, in fact reinforce settler colonial structures. In particular, we critique the notion of the uninhabited wilderness as a conservation ideal and the disavowal of originary violence (along with a parallel positing of settler nativism) in the articulation of conservation historicity and the founding of conservation movements. We conclude by offering some steps conservationists can take to alter their practices, methods, and values in ways that recognize, respect, and reciprocate with Indigenous peoples. (shrink)

The two major schools of thought in Indigenous−settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self- determination and cultural renewal. Reconciliation refers to practices of reconciliation between Indigenous and settler nations as well as efforts to strengthen the relationship between Indigenous and settler peoples with the living earth and making that relationship the basis for both resurgence and Indigenous−settler (...) reconciliation. -/- Critically and constructively analyzing these two schools from a variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is a truly multidisciplinary work, blending law, political science, political economy, women’s studies, history, anthropology, ecology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. -/- By using “earth teachings” to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world’s most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate. (shrink)

This syllabus engages dialogue about indigenous philosophical ideas and issues that frame contemporary global indigenous thought, perspective, and worldview. We explore how presuppositions of indigenous philosophy, including epistemology (how/what we know), metaphysics (what is), science (stories), and ethics (practices), affect global research programs, intellectual cultural property, economic policies, ecology, biodiversity, taxonomy, health, housing, food, employment, economic sustainability, peace negotiations, climate justice, human/treaty rights, colonial law, refugees and incarceration, self-determination, sovereignty, nation building, and digital information. Readings provide an (...) understanding of traditional and contemporary indigenous philosophical frameworks of interpretation, developments of the 1994-2004 United Nations Decade of Indigenous Peoples, the UN Permanent Forum of Indigenous Peoples, and the recent Indigenous Conference in Cancun (philosophical importance of the World Trade Organization [WTO], the World Bank [WB], the International Monetary Fund [IMF], and NAFTA). (shrink)

Communities, scientists, policy-makers and industries are requiring farmers to address environmental and wellbeing challenges in their on-farm management, transitioning away from a productivity dominated focus towards a multi-faceted system focus that includes environmental and social values. This paper analyses how Miraka Ltd., an Aotearoa-New Zealand indigenous owned and operated milk company, has taken on the role of institutional entrepreneur to enable and support change towards a multi-faceted system amongst its supply farmers. Observations and interviews were carried out to: (...) (i) identify farmers’ changes in practices, beliefs and values over the last ten years; and (ii) identify how Miraka functions as an indigenous entrepreneur in the agricultural sector. Findings show that interviewees were initially guided by business and family-oriented values, beliefs and practices, but in response to the institutional entrepreneurship by Miraka, approximately half of the interviewees changed these values, beliefs and practices, by internalising people and environmental values. The main strategies employed by Miraka were mobilisation of material resources such as incentives and awards, creation of a rationale addressing environmental and social concerns in the dairy sector, and proactive connection with new actors. The research shows an indigenous owned small-medium enterprise can make changes in values, beliefs and practices amongst its supply farmers, but requires a stronger shared base of values to contribute to a wider economic change. The discussion connects these findings to wider literature on diverse economies and indigenous entrepreneurship to identify to what extent an indigenous small-medium enterprise can contribute to a system change. (shrink)

The COVID‐19 pandemic has resulted in tremendous educational and health impacts for Indigenous peoples and communities. Yet, little is known about the impacts of the pandemic on Indigenous nursing students in Canada. Guided by an Indigenous conceptual framework and a qualitative sharing circle methodology, the interconnected personal, academic, and community impacts of the pandemic were explored with Indigenous nursing students (n = 17). Overall, the pandemic exacerbated and compounded prior traumas Indigenous students and communities have (...) experienced across generations on Turtle Island. Participants suffered worsening psychological distress and significant losses during the pandemic, especially losses in learning and cultural safety. However, the pandemic also revealed silver linings including: the benefits of online learning; and demonstrations of posttraumatic growth, survivance, and community strength. These findings are relevant to informing culturally safe and trauma‐informed strategies, policies, administrators, and educators in schools of nursing. (shrink)

In 1996, the National Association of Salvadoran Indians participated in a UN-sponsored conference on the development of forest resources. Their involvement in the conference highlighted the growing international presence of Salvadoran indigenous organizations. Unfortunately, there is also very limited information available on these groups. As some have commented:The Salvadoran Indians … are an invisible or ghostly presence in the country: cautious in their public presence as an ethnic community, officially non-existent—yet still recognised by neighbours, local municipal governments and, most (...) importantly, by themselves as indios.As the country becomes more accessible to researchers and as indigenous Salvadorans gain a stronger foothold in the international forum, it is very likely indigneous peoples will emerge from the historical shadows to forcefully claim their rights as distinct members of Salvadoran society. The obstacles they face are not inconsequential. State opposition to indigenous organizations is strong and popular perceptions are often harder to dislodge than state policies. The widespread support gained by organizations like ANIS during the civil war proves that there is sympathy for indigenous rights. It remains to be seen to what extent ANIS and other organizations can use this support, and that of indigenous allies around the world, to promote the goals and aspirations of indigenous Salvadorans. While the issue of indigenous rights has long been discussed in other countries, it is only beginning to be addressed in El Salvador. (shrink)

Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to reparation (...) as a usurped people and the need to overhaul government policy. Opposing inter-war policies of biological assimilation, they argued for a humane national Aboriginal policy including citizenship and rights in the person. Where white men had failed in their duty towards indigenous peoples, world women might bring about a new era of civilized relations between the races. (shrink)

Despite government policy and initiatives for remote areas, indigenous people are amongst the most disadvantaged and do exhibit higher levels of unemployment in the Australian community. A number of commentators have suggested that better educational opportunities for this minority group will considerably improve their socio-economic status and employment opportunities. This myth is exposed in this article, which reports evidence from an educational–vocational programme for Yolngu who are the indigenous people of East Arnhem Land in the (...) Northern Territory of Australia. The Arnhem Learning Education and Regional Training programme is conducted, mainly at Nhunlunbuy, in partnership with Rio Tinto Alcan and the Charles Darwin University, with the primary objective of preparing indigenous people for mainstream sustainable jobs. The presented content suggests that while higher educational status is important, this sole strategy is unlikely to comprehensively address outstanding issues that are confronting indigenous people and their labour market concerns. (shrink)

Malaysia is a multi-ethnic religious country with a population of 28.5 million, it is characterised by mainly three ethnic groups-Malay and indigenous people, Chinese, and Indians. Ever since independence in 1957, Malaysia has successfully transformed itself from a poor country into a middle-income nation. The Malaysian economy has seen a periodic growth despite challenging external factors. It can also definitely claim its success of combat against poverty. Despite its poverty reduction success, there still remains a vulnerable group of (...) people in the country experiencing poverty for some geographical and societal reasons. This concept paper has several objectives: A brief description of the country’s nature of poverty, poverty reduction policies and programs, and an analysis facing the challenges and recommendations for a sustainable poverty reduction in Malaysia. (shrink)

Over the last few years, I have attended several political meetings concerned with the refugee crisis, multiculturalism or Indigenous rights in Australia, meetings at which liberal democratic–minded ‘left-wing’ people came together to discuss, or agitate for change in, governmental policies. At these meetings, I always found it difficult to accept the slogans on their placards and in their speeches: ‘Shame Australia! Reconciliation for a united Australia’, ‘Wake up Australia! We welcome refugees!’ or ‘True Australians are tolerant! Let’s celebrate (...) multicultural Australia!’ My uncomfortable feeling came not only from the fact that I was left out because of my Japanese nationality but also because I had never seen or heard words like ‘shame Japan’, ‘wake up Japan’ or ‘true Japanese are...’ at Japanese ‘left-wing’ political gatherings. In Japan, these are words used only by right-wing nationalists. Indeed it is difficult to even imagine liberal-left intellectuals in postwar Japan calling for a ‘true Japanese’ political response, such is the extent to which the idea of ‘good nationalism’ is now regarded as an oxymoron. This is my starting point for an essay in which I want to be attentive to the different roles played by national in the Japanese and Australian political environments. (shrink)

This book is open access under a CC BY-NC 2.5 license. This book offers a devastating look at deeply flawed development processes driven by international finance, African governments and the global consulting industry. It examines major river basin development underway in the semi-arid borderlands of Ethiopia, Kenya and South Sudan and its disastrous human rights consequences for a half-million indigenous people. The volume traces the historical origins of Gibe III megadam construction along the Omo River in Ethiopia-in turn, (...) enabling irrigation for commercial-scale agricultural development and causing radical reduction of downstream Omo and (Kenya's) Lake Turkana waters. Presenting case studies of indigenous Dasanech and northernmost Turkana livelihood systems and Gibe III linked impacts on them, the author predicts agropastoral and fishing economic collapse, region-wide hunger with exposure to disease epidemics, irreversible natural resource destruction and cross-border interethnic armed conflict spilling into South Sudan. The book identifies fundamental failings of government and development bank impact assessments, including their distortion or omission of mandated transboundary assessment, cumulative effects of the Gibe III dam and its linked Ethiopia-Kenya energy transmission 'highway' project, key hydrologic and human ecological characteristics, major earthquake threat in the dam region and widespread expropriation and political repression. Violations of internationally recognized human rights, especially by the Ethiopian government but also the Kenyan government, are extensive and on the increase-with collaboration by the development banks, in breach of their own internal operational procedures. A policy crossroads has now emerged. The author presents the alternative to the present looming catastrophe-consideration of development suspension in order to undertake genuinely independent transboundary assessment and a plan for continued development action within a human rights framework-forging a sustainable future for the indigenous peoples now directly threatened and for their respective eastern Africa states. Claudia Carr's book is a treasure of detailed information gathered over many years concerning river basin development of the Omo River in Ethiopia and its impact on the peoples of the lower Omo Basin and the Lake Turkana region in Kenya. It contains numerous maps, charts, and photographs not previously available to the public. The book is highly critical of the environmental and human rights implications of the Omo River hydropower projects on both the local ethnic communities in Ethiopia and on the downstream Turkana in Kenya. David Shinn Former Ambassador to Ethiopia and to Burkina Faso Adjust Professor of International Affairs, The George Washington University, Washington D.C. (shrink)

In early 2021, a Canadian investigation revealed the discovery of over a thousand grave sites of indigenous children on the grounds of Indian residential schools across Canada. These discoveries prompted US Secretary of the Interior Deb Haaland to announce a similar investigation into the ongoing legacy and intergenerational impact of federally sponsored Indian boarding schools in the United States. In addition to documenting the legacy of abuse, neglect and dominance of indigenous peoples, we believe that such reflection upon (...) the impact of Indian boarding schools should also include the justifications that were used to promote the government policy of compelling indigenous children to leave family, tribe, customs and even language behind to be acculturated in remote boarding schools far from home or reservation. For while in hindsight these policies can be both deplored and regretted, they were not crafted in a philosophical vacuum. Specifically, it might come as a surprise to scholars today that Hegelian thought actually featured in the support and promotion of such policies. We propose to tell at least part of this story, by focusing on the leading American Hegelian of the time, William Torrey Harris, who—as director of the famed Concord School of Philosophy and also longtime US Commissioner of Education—was highly influential in both philosophical and educational circles. In that latter capacity, Harris penned a defence of the boarding school system, which drew upon broadly Hegelian ideas and language. So while we have elsewhere defended and lauded Harris and the St Louis Hegelians for their contributions to American philosophy and democratic educational thought, here is one respect in which this influence has not stood up well to the test of time. (shrink)

During the past four years, the International Institute for Indigenous Resource Management has sponsored and co-sponsored a series of discursive roundtables on the ethical, legal, social, and cultural implications of genetic research on Indian tribes and Indian people. The deliberations of the tribal leaders, legal scholars, researchers, representatives of non-governmental organizations, and others who participated in these roundtables laid out a range of barriers to informed tribal participation in genetic research and proposed a policy, legal, and scientific (...) research agenda to fill gaps in knowledge and to otherwise support indigenous peoples' decision-making on genetic research issues.An understanding of Native American attitudes toward genetic research on their community cannot be fully understood absent an appreciation of the interrelationship among native peoples, genetic research, and the landscape, contaminated as it is by governmental and other factors. The deliberations described herein present invaluable insights into tribal attitudes toward genetic research that have application to ethical, legal and social aspects of forensic DNA databanks, sample collection and retention, and, in particular, issues of secondary non-forensic uses of such DNA. (shrink)

The pace, shape and meaning of development are cultural phenomena—fundamentally driven by the meanings people ascribe to their action, to the symbols they aspire to, and by the wider values contexts within which they are acting. However, people participating within the development process continuously confront a tension between the assertion of the cultural meanings of the local known social world and the assertion of the meanings of an idealized largely unknown social world that stretches beyond immediate experience, and (...) that is particularly represented in commodity symbols and media images. Tension is therefore between indigenization or globalization. The product, greater valence of indigenization or globalization, results from the alternative ways in which tension between the two domains is resolved. In the modern social world access to knowledge, as well as the impact of knowledge embodied within technological artifacts, are key drivers in both the level of participation in development and the level of colonization of indigenized meanings by globalized frameworks of understanding. The current paper therefore focuses on the role of knowledge within the interactions between globalization and indigenization. The paper demonstrates that the general trend of development during the last half of the twentieth century has driven cultural change towards more globalized meanings and dependencies. The dynamics of technological access and change are centrally implicated. However, new opportunities are opening up at both local indigenized levels and within modernizing sectors, and the essence of these opportunities lies in capturing a cultural advantage. At the indigenous society level, a focus on capitalizing on indigenous technical knowledge can have enormous payoffs in terms of economic development outcomes. Meanwhile, a focus on linking local with modernizing sectors through bridging technologies and knowledge across indigenous and global cultures allows indigenous cultures to share in the economic benefits of modernization. And finally, a new wave of change is emerging in the modernized sector itself, opening up quite new opportunities for “small players”—whether they be small firms or small countries. The opportunities are set within change in the global orders of technology and science over the last five to ten years. What matters is the ability of these small players to be highly responsive, to capture knowledge flows through both technical and social capabilities of their people; in other words, global advantage follows from capture of local cultural strength. (shrink)

African policy makers have ignored indigenous environmental ethics. The relation between responsible use of the planet’s resources and ethics remains apparent in many cultural and social systems of traditional Africa. The local people have developed detailed interactive knowledge of the natural environment, and preserved biodiversity resources, which they have nurtured and developed since time immemorial. African environmental ethics is based on the worldviews of the African people, and can contribute to biodiversity conservation and environmental rehabilitation and (...) protection. It can enlighten policy makers by providing a theoretical foundation for sustainable living. Furthermore, African environmental ethics can expose environmental injustice committed by different groups in Africa, and assist local communities to secure environmental justice and protect their environment. It can create awareness within countries and globally about the actions of transnational corporations, irresponsible countries, and local industries which damage the environment. African environmental ethics may also alert the African people to understand the long-range effects of environmental degradation that are beyond the purview of local people and understanding of which is otherwise unavailable. Modern environmental knowledge about global environmental problems will provide peasant farmers and pastoralists an opportunity to look at their own local concerns and issues within the context of a greater global perspective. Only by involving peasant farmers, pastoralists, and indigenous people at the grass-roots level will African policy makers have the political strength and will to implement serious changes needed to address serious environmental and developmental problems. If policy makers continue to neglect the major contributors to biodiversity conservation and environmentally friendly practices, environmental policies will not have significant impacts on development and environmental protection in Africa. (shrink)

This contribution explores correctives to several errors that Thomas Nagel seems to presuppose in his seminal defence of scepticism about global justice. I rely on lessons learned and conventions surviving in West African contemporary social and moral contexts, where people engage as a matter of course in divergent, historically antagonistic cultural and political traditions. On this view, global justice is a work in progress—not a fixed univocal formula but an on-going collaborative effort, a project in perpetual renovation and inter-cultural (...) reconsideration by successive generations which presupposes a diversity of values and ways of sanctifying human life. I consider ways in which an ethics of care, as suggested by Virginia Held, might have been anticipated by the time-honoured norms of governance and political culture surviving in complex African polities, cultures which have withstood the corrosion of external colonialism since early modernity. How might iconically African, universally fundamental moral notions of decency and fairness find their way back into the global marketplace of diplomatic discourse and economic policy design?To demonstrate the need to navigate towards some consensus within the diversity of indigenous concepts associated with justice and good governance in Africa, I discuss the fiasco displayed in a widely celebrated proposal for exercising globally principles of justice in the Western liberal political tradition applied to remedy Africans’ notorious resource curse. (shrink)

In addition to the aim of mapping and sequencing one human's genome, the Human Genome Project also intends to characterise the genetic diversity of the world's peoples. The Human Genome Diversity Project raises political, economic and ethical issues. These intersect clearly when the genomes under study are those of indigenous peoples who are already subject to serious economic, legal and/or social disadvantage and discrimination. The fact that some individuals associated with the project have made dismissive comments about indigenous (...) peoples has confused rather than illuminated the deeper issues involved, as well as causing much antagonism among indigenous peoples. There are more serious ethical issues raised by the project for all geneticists, including those who are sympathetic to the problems of indigenous peoples. With particular attention to the history and attitudes of Australian indigenous peoples, we argue that the Human Genome Diversity Project can only proceed if those who further its objectives simultaneously: respect the cultural beliefs of indigenous peoples; publicly support the efforts of indigenous peoples to achieve respect and equality; express respect by a rigorous understanding of the meaning of equitable negotiation of consent, and ensure that both immediate and long term economic benefits from the research flow back to the groups taking part. (shrink)

Listening to other cultures offers challenges to our fundamental assumptions and world views. In New Zealand public policy on Assisted Reproductive Technology is being worked out in a society committed to the development of bicultural partnership honouring the Treaty of Waitangi, a treaty with the indigenous people.Strong claims to the cultural significance of genetic heritage by Maori have made apparent to non-Maori their own assumptions. These claims also resist reductive understandings of genetics.In this paper I review, as (...) a Pakeha ethicist, initiatives taken in New Zealand, and the impact of bicultural development on public policy on ART. I also discuss some of the issues this raises for western bioethics as it relates to non-western approaches and include reference to the significance of genetic heritage as it is affecting guidelines for donor insemination and surrogacy. (shrink)

Listening to other cultures offers challenges to our fundamental assumptions and world views. In New Zealand public policy on Assisted Reproductive Technology (ART) is being worked out in a society committed to the development of bicultural partnership honouring the Treaty of Waitangi, a treaty with the indigenous people.Strong claims to the cultural significance of genetic heritage by Maori have made apparent to non‐Maori (Pakeha) their own assumptions. These claims also resist reductive understandings of genetics.In this paper I (...) review, as a Pakeha ethicist, initiatives taken in New Zealand, and the impact of bicultural development on public policy on ART. I also discuss some of the issues this raises for western bioethics as it relates to non‐western approaches and include reference to the significance of genetic heritage as it is affecting guidelines for donor insemination and surrogacy. (shrink)