Legal indigeneity: knowledge, legal discourse and the construction of indigenous identity in Colombia
In: Identities: global studies in culture and power, Band 27, Heft 4, S. 403-422
ISSN: 1547-3384
153 Ergebnisse
Sortierung:
In: Identities: global studies in culture and power, Band 27, Heft 4, S. 403-422
ISSN: 1547-3384
In: Social Inclusion, Band 11, Heft 2, S. 187-197
ISSN: 2183-2803
Taiwan, home to over 580,000 Indigenous people in 16 state‐recognized groups, is one of three Asian countries to recognize the existence of Indigenous peoples in its jurisdiction. Taiwan's Indigenous peoples remember their pre‐colonial lives as autonomous nations living according to their own laws and political institutions, asserting that they have never ceded territory or sovereignty to any state. As Taiwan democratized, the state dealt with resurgent Indigenous demands for political autonomy through legal indigeneity, including inclusion in the Constitution since 1997 and subsequent legislation. Yet, in an examination of two court rulings, we find that liberal indigeneity protects individuals, while consistently undermining Indigenous sovereignty. In 2021, the Constitutional Court upheld restrictive laws against hunting, seeking to balance wildlife conservation and cultural rights for Indigenous hunters, but ignoring Indigenous demands to create autonomous hunting regimes. In 2022, the Constitutional Court struck down part of the Indigenous Status Act, which stipulated that any child with one Indigenous parent and one Han Taiwanese parent must use an Indigenous name to obtain Indigenous status and benefit from anti‐discrimination measures. Both rulings deepen state control over Indigenous lives while denying Indigenous peoples the sovereign power to regulate these issues according to their own laws. Critical race theory (CRT) is useful in understanding how legislation designed with good intentions to promote anti‐discrimination can undermine Indigenous sovereignty. Simultaneously, studies of Indigenous resurgence highlight an often‐neglected dimension of CRT - the importance of affirming the nation in the face of systemic racism.
In: Cambridge studies in law and society
As calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar's account of translation enriches debates in the fields of legal pluralism, indigeneity, and development
In: The Australian feminist law journal, Band 33, Heft 1, S. 81-99
ISSN: 2204-0064
In: Cambridge studies in law and society
"As calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar's account of translation enriches debates in the fields of legal pluralism, indigeneity, and development"--
In: Cambridge University Press, Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings (2015)
SSRN
In: Latino Studies
Issues of indigeneity, along with mestizaje—racial and cultural mixtures of African, indigenous, and Spanish ancestries and cultures that came as a result of the European colonization of the Americas—are core aspects of Chicana and Chicano and Latina and Latino identities, histories, and cultures. For Chicanas and Chicanos, understandings of indigeneity have shifted significantly since the early 1960s. During that time, tropes of cultural nationalism argued that all Mexican-origin people were descendants of the Aztecs, and that Aztlán—what many believed to be the conquered homelands of their Aztec ancestors encompassing the Four Corners region of the United States (Utah, New Mexico, Colorado, Arizona)—should be reclaimed. Today, a more nuanced understanding of Latinx/Chicanx indigeneity considers, for example, the complex politics of indigenous subjects migrating to settler colonial nation-states such as the United States, and the resulting negotiations of language and identity in this transnational space. Scholars of decolonial studies have added to this nuance by analyzing systems of heteropatriarchy (and the resulting gender binaries and practices of toxic masculinity) imposed through colonization and reinforced by such institutions as the Catholic Church. The editors seek to assemble and summarize key sources that speak to how indigeneity works within the transnational and transborder archives of colonization. This includes the differentiated ways that nation-states in the Americas have engaged with their indigenous pasts (including the sociopolitical and legal definitions of and practices toward indigenous communities and nations within the nation-state), as well as indigenous-led revitalization and sovereignty movements that envision decolonial futures. The goals of this bibliographic overview are to provide scholars interested in indigeneity in the Latinx context with key sources specific to Latinx communities and histories, while also considering important works that are grounded in Latin American, US, and Canadian indigenous contexts and histories. This bibliography thus invites scholars to explore the legal, political, social, and historical differences and similarities of indigeneity across hemispheric geographies. By juxtaposing the radical feminism of Gloria Anzaldúa (writing from the US-Mexico borderlands) with the decolonial visions of Michi Saagiig Nishnaabeg scholar Leanne Simpson (writing from her Canadian First Nation) the disjunctures and commonalities of indigeneity and decolonial thought are highlighted. The bibliography also include some key texts on indigeneity in Mexico, Guatemala, Honduras, Peru, and Bolivia that discuss places where the majority populations are mestiza/o and indigenous, and yet most indigenous communities, many whose first language is not Spanish, live in varying degrees of dispossession, poverty, and racial marginalization. The bibliography also invites scholars to consider Afro-Indigenous identities and community struggles in hemispheric frames.
In: International journal of Taiwan studies, Band 3, Heft 2, S. 191-216
ISSN: 2468-8800
Abstract
Indigeneity, enshrined in the 2007 United Nations Declaration on the Rights of Indigenous Peoples, is an international governance model that promises sovereignty and self-government to indigenous nations. Anthropologists have expressed concern that indigeneity may become an avatar of neoliberal governance that benefits a small elite and contributes to the hypermarginalisation of the poor. This multi-scalar ethnography explores the meaning of indigeneity in Seediq and Truku communities. The author concurs that legal indigeneity fails to meet the needs of the poor. Most ordinary indigenous people perceive that they already benefit from Taiwan's existing legal framework and fail to understand the need for new institutions. For the case of Taiwan, moreover, the limits of indigeneity are most evident in the exclusion of Taiwanese indigenous peoples—and Taiwan—from United Nations mechanisms. As indigeneity degenerates into great power politics, it falls short of its aspirations to recognise indigenous nations as ontological equals to established states.
In: Millennium: journal of international studies, Band 31, Heft 1, S. 55-82
ISSN: 0305-8298
In: Political and legal anthropology review: PoLAR, Band 44, Heft 1, S. 60-74
ISSN: 1555-2934
AbstractThe 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community resulted in a disagreement between different local forms of political and judicial authority. This turned on the question of which authorities had the right to judge the case, the nature of justice and indigeneity, and the legal pluralism enshrined in the constitution. Analysis of this situation illustrates not only the internal tensions and paradoxical effects of this juridical project but also the potential limitations of any attempt to formally recognize legal plurality. [legal pluralism, Indigenous justice, usos y costumbres, plurinational state, Movimiento al Socialismo]
The 2009 Bolivian constitution included provisions that establish a radical form of de jure legal pluralism by creating a parallel legal system that gives full recognition to the nonstate legal orders and forms of conflict resolution of Indigenous communities. This article examines how a land dispute within a Bolivian highland Indigenous community resulted in a disagreement between different local forms of political and judicial authority. This turned on the question of which authorities had the right to judge the case, the nature of justice and indigeneity, and the legal pluralism enshrined in the constitution. Analysis of this situation illustrates not only the internal tensions and paradoxical effects of this juridical project but also the potential limitations of any attempt to formally recognize legal plurality.
BASE
SSRN
Working paper
In: Focus on Global Gender and Sexuality Ser.
Pornography, Indigeneity and Neocolonialism examines how pornography operates as a representational system that authenticates settler colonies, focussing on American and Australian examples to reveal how pornography encodes whiteness, pleasure, colonisation and Indigeneity. This is the first text to use decolonial and queer theory to examine the role of pornography in America and Australia, as part of a network of neocolonial strategies that "naturalise" occupation. It is also the first study to focus on Indigenous people in pornography, providing a framework for understanding explicit representations of First Nations peoples. Pornography, Indigeneity and Neocolonialism defines the characteristics of heterosexual pornography in settler colonies, exposing how the landscape is presented as both exotic and domestic – a land of taboo pleasures that is tamed and occupied by and through white bodies. Examining the absence of Indigenous porn actors and arguing against the hypervisual fetishising of Black bodies that dominates racialised porn discourse, the book places this absence within the context of legal, political and military neocolonial Indigenous elimination strategies. This book will be of key interest to researchers and students studying porn studies, media and film studies, critical race studies and whiteness studies.
In: Indigenous peoples and the law (Routledge (Firm))
In: Social & legal studies: an international journal, Band 27, Heft 4, S. 539-542
ISSN: 1461-7390