Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State

Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State PDF

Author: Dominic O'Sullivan

Publisher: Springer Nature

Published: 2020-12-21

Total Pages: 220

ISBN-13: 9813341726

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This book explains how recognition theory contributes to non-colonial and enduring political relationships between Indigenous nations and the state. It refers to Indigenous Australian arguments for a Voice to Parliament and treaties to show what recognition may mean for practical politics and policy-making. It considers critiques of recognition theory by Canadian First Nations’ scholars who make strong arguments for its assimilationist effect, but shows that ultimately, recognition is a theory and practice of transformative potential, requiring fundamentally different ways of thinking about citizenship and sovereignty. This book draws extensively on New Zealand’s Treaty of Waitangi and measures to support Maori political participation, to show what treaties and a Voice to Parliament could mean in practical terms. It responds to liberal democratic objections to show how institutionalised means of indigenous participation may, in fact, make democracy work better.

Indigeneity, Culture and the UN Sustainable Development Goals

Indigeneity, Culture and the UN Sustainable Development Goals PDF

Author: Dominic O’Sullivan

Publisher: Springer Nature

Published: 2023-04-13

Total Pages: 284

ISBN-13: 9819905818

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This is the first scholarly book to examine the UN Sustainable Development Goals from an indigenous perspective and, specifically, with reference to the right to self-determination. It refers to the UN Declaration on the Rights of Indigenous Peoples and domestic instruments such as New Zealand’s Tiriti o Waitangi to suggest how the goals could be revised to support self-determination as a more far-reaching and ambitious project than the goals imagine in their current form. The book primarily draws its material from Australia, Canada, and New Zealand to support analysing the goals’ policy relevance to wealthy states and the political claims that indigenous peoples make in established liberal democracies.

‘We Are All Here to Stay’

‘We Are All Here to Stay’ PDF

Author: Dominic O’Sullivan

Publisher: ANU Press

Published: 2020-09-21

Total Pages: 270

ISBN-13: 1760463957

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In 2007, 144 UN member states voted to adopt a Declaration on the Rights of Indigenous Peoples. Australia, Canada, New Zealand and the US were the only members to vote against it. Each eventually changed its position. This book explains why and examines what the Declaration could mean for sovereignty, citizenship and democracy in liberal societies such as these. It takes Canadian Chief Justice Lamer’s remark that ‘we are all here to stay’ to mean that indigenous peoples are ‘here to stay’ as indigenous. The book examines indigenous and state critiques of the Declaration but argues that, ultimately, it is an instrument of significant transformative potential showing how state sovereignty need not be a power that is exercised over and above indigenous peoples. Nor is it reasonably a power that displaces indigenous nations’ authority over their own affairs. The Declaration shows how and why, and this book argues that in doing so, it supports more inclusive ways of thinking about how citizenship and democracy may work better. The book draws on the Declaration to imagine what non-colonial political relationships could look like in liberal societies.

Indigeneity, Culture and the UN Sustainable Development Goals

Indigeneity, Culture and the UN Sustainable Development Goals PDF

Author: Dominic O'Sullivan

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9789819905829

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"A robust, well-theorised, and incisive critique that exposes the inattention of the Sustainable Development Goals (SDGs) to the histories, legacies, voices, aspirations, and authority of Indigenous peoples. A timely contribution to contemporary debates on nationhood, sovereignty, Indigenous recognition, and social justice." --Professor Tanya Fitzgerald, The University of Western Australia, Australia "Asserting that Indigenous self-determination is 'colonialism's antithesis', O'Sullivan navigates the interconnected relationships between culture, self-determination, and sustainable development, affirming that continued policy failure in indigenous affairs is not inevitable." --Dr Jessa Rogers, Queensland University of Technology, Australia "A leader in indigenous political theory, O'Sullivan produces a series of arguments that wrench the UN's Sustainable Development Goals from their non-indigenous biases, in order to preserve the hope that they might serve the whole of humanity. A formidable work of indigenous political theory from one of this emerging discipline's foremost scholars." --Dr Lindsey MacDonald, University of Canterbury, New Zealand This is the first scholarly book to examine the UN Sustainable Development Goals from an indigenous perspective. It refers to the UN Declaration on the Rights of Indigenous Peoples and domestic instruments such as New Zealand's Tiriti o Waitangi to suggest how the goals could be revised to support self-determination as a more far-reaching and ambitious project than the goals currently imagine. The book draws on Australian, Canadian, and New Zealand experiences to analyse the goals' policy relevance to wealthy states and indigenous rights in established liberal democracies. Dominic O'Sullivan is Professor of Political Science at Charles Sturt University, Adjunct Professor at the Auckland University of Technology and Academic Associate at the University of Auckland. He is from the Te Rarawa and Ngati Kahu iwi of New Zealand, and this is his ninth book. The most recent, Sharing the Sovereign: Indigenous Peoples, Recognition, Treaties and the State was published by Palgrave in 2021.

Living in Indigenous Sovereignty

Living in Indigenous Sovereignty PDF

Author: Elizabeth Carlson-Manathara

Publisher: Fernwood Publishing

Published: 2021-04-15T00:00:00Z

Total Pages: 322

ISBN-13: 1773632639

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In the last decade, the relationship between settler Canadians and Indigenous Peoples has been highlighted by the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Idle No More movement, the Wet’suwet’en struggle against pipeline development and other Indigenous-led struggles for Indigenous sovereignty and decolonization. Increasing numbers of Canadians are beginning to recognize how settler colonialism continues to shape relationships on these lands. With this recognition comes the question many settler Canadians are now asking, what can I do? Living in Indigenous Sovereignty lifts up the wisdom of Indigenous scholars, activists and knowledge keepers who speak pointedly to what they are asking of non-Indigenous people. It also shares the experiences of thirteen white settler Canadians who are deeply engaged in solidarity work with Indigenous Peoples. Together, these stories offer inspiration and guidance for settler Canadians who wish to live honourably in relationship with Indigenous Peoples, laws and lands. If Canadians truly want to achieve this goal, Carlson and Rowe argue, they will pursue a reorientation of their lives toward “living in Indigenous sovereignty” — living in an awareness that these are Indigenous lands, containing relationships, laws, protocols, stories, obligations and opportunities that have been understood and practised by Indigenous peoples since time immemorial. Collectively, these stories will help settler Canadians understand what transformations we must undertake if we are to fundamentally shift our current relations and find a new way forward, together. Visit for more details: https://www.storiesofdecolonization.org Watch the book launch video here:

Indigenous Data Sovereignty

Indigenous Data Sovereignty PDF

Author: Tahu Kukutai

Publisher: ANU Press

Published: 2016-11-14

Total Pages: 344

ISBN-13: 1760460311

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As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

From Recognition to Reconciliation

From Recognition to Reconciliation PDF

Author: Patrick Macklem

Publisher: University of Toronto Press

Published: 2016-04-06

Total Pages: 496

ISBN-13: 144262499X

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More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.

Indigenous Rights and the Legacies of the Bible

Indigenous Rights and the Legacies of the Bible PDF

Author: Mark G. Brett

Publisher: Oxford University Press

Published: 2024-07-09

Total Pages: 249

ISBN-13: 0198883048

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A Christian imagination of colonial discovery permeated the early modern world, but legal histories developed in very different ways depending on imperial jurisdictions. Indigenous Rights and the Legacies of the Bible: From Moses to Mabo explores the contradictions and ironies that emerged in the interactions between biblical warrants and colonial theories of Indigenous natural rights. The early debates in the Americas mutated in the British colonies with a range of different outcomes after the American Revolution, and tracking the history of biblical interpretation provides an illuminating pathway through these historical complexities. A ground-breaking legal judgment in the High Court of Australia, Mabo v. Queensland (1992), demonstrates the enduring legacies of debates over the previous five centuries. The case reveals that the Australian colonies are the only jurisdiction of the English common law tradition within which no treaties were made with the First Nations. Instead, there is a peculiar development of terra nullius ideology, which can be traced back to the historic influences of the book of Genesis in Puritan thought in the seventeenth century. Having identified both similarities and differences between various colonial arguments, and their overt dependence on early modern theological reasoning, Mark G. Brett examines the paradoxical permutations of imperial and anti-imperial motifs in the biblical texts themselves. Concepts of rights shifted over the centuries from theological to secular frameworks, and more recently, from anthropocentric assumptions to ecologically embedded concepts of Indigenous rights and responsibilities. Bearing in mind the differences between ancient and modern notions of indigeneity, a fresh understanding of this history proves timely as settler colonial states reflect on the implications of the United Nations Declaration on the Rights of Indigenous Peoples (2007). Brett's illuminating insights in this detailed study are particularly relevant for the four states which initially voted against the Declaration: the USA, Canada, New Zealand, and Australia.

Indigenous Peoples and the State

Indigenous Peoples and the State PDF

Author: Bradley Reed Howard

Publisher: DeKalb, Ill. : Northern Illinois University Press

Published: 2003

Total Pages: 252

ISBN-13: 9780875802909

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Long dismissed as relics of a primitive past, indigenous peoples are increasingly seeking international recognition and protection of their rights to land, water, and fundamental human freedoms. Anthropologist Bradley Reed Howard surveys the struggles of indigenous groups for self-determination in the United States and internationally, calling crucial attention to the urgent need for native social and political representation. Indigenous Peoples and the State presents an overview of the confrontation between tribal groups and both nation-states and international organizations. Howard places indigenous issues within the larger context of the work of nongovernmental agencies, United Nations initiatives on human rights, and national self-determination. Two specific case studies of indigenous legal status and rights--involving the Iroquois in the United States and the Maori in New Zealand--illuminate native peoples' claims to sovereignty, traditional culture, territory, and natural resources. Ethical problems inevitably arise in any attempt to define identity. Investigating the complex issues of colonialism and culture, Howard reveals that anthropologists have at times played a complicit role in tribal subjugation. He also emphasizes the contributions many cultural anthropologists have made to the progressive transformation of law and recognizes their efforts to preserve indigenous cultures and natural habitats. Anthropological approaches, Howard maintains, offer the best hope for understanding the magnitude of indigenous peoples' worldwide endeavors to attain human rights. Indigenous Peoples and the State draws extensively from native sources on questions of identity, rights, and sovereignty. North American Indians, the Maori, and numerous other native peoples assert international recognition of their independence and status as "peoples" through their treaties and agreements with Western nations. They further demand an accessible international forum through which they can achieve justice and promote national self-determination. Howard's bold analysis offers extraordinary anthropological and legal support for the declarations and aspirations of indigenous peoples.

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