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"Holder, Cindy"
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Who’s Sorry Now? Government Apologies, Truth Commissions, and Indigenous Self-Determination in Australia, Canada, Guatemala, and Peru
Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: Canada, Australia, Peru, and Guatemala. In each case, the reconciliation mechanism differentiated the goal of reconciliation from an indigenous self-determination agenda. The resulting state-centered strategies ultimately failed to hold states fully accountable for past wrongs and, because of this, failed to transform inter-group relations.
Journal Article
Transition, Trust and Partial Legality: On Colleen Murphy’s A Moral Theory of Political Reconciliation
In
A Moral Theory of Political Reconciliation
Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. However, Murphy’s framework is well-suited to take up these questions, once they are acknowledged, and this is an important strength of the work.
Journal Article
Human Rights
The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume, distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights theory and practice: what do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies and international relations.
eBook
Indigenous Peoples and Multicultural Citizenship: Bridging Collective and Individual Rights
Holder and Corntassel present group rights as portrayed in contemporary theoretical debates, compare this portrayal with some of the claims actually advanced by various indigenous groups throughout the world, and give reasons for preferring the practical to the theoretical treatments. Their findings suggest that liberal-individualist and corporatist accounts of group rights actually agree on the kind of importance that group interests have for persons.
Journal Article
Culture as an Activity and Human Right: An Important Advance for Indigenous Peoples and International Law
Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both peoples and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples, for indigenous peoples' cultural rights can be fully understood only against the background of their basic rights to self-determination. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. This article offers an account of what is wrong with violating cultural rights that clearly and straightforwardly links violations of a group's cultural rights to violations of its rights to persist and to flourish. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally.
Journal Article
Devolving Power to Sub-State Groups: Some Worries About the Worries
We live in a world of states: a world in which the dominant form of \"persisting structure\" for the wielding of political power is characterized by territorially concentrated power exercised through political institutions that exert sovereign control in the sense of being able to exclusively command compliance. Within such a world, calls for reorganization of the way these institutions are organized so as to develove power to groups oppressed or marginalized within existing structures are inevitable. Adapted from the source document.
Journal Article
GLOBAL JUSTICE BEYOND DISTRIBUTION: POVERTY AND NATURAL RESOURCES
Chronic poverty comes in a variety of forms. It is multi-dimensional in its causes and multi-dimensional in its impacts (Chronic Poverty Research Centre 2009, pp. 56). Although poverty \"has an irreducible economic connotation,\" this connotation \"does not necessarily imply the primacy of economic factors\" (OHCHR 2004, p. 8). For example, violent conflict, access to land, and social relations of power are among the most important factors in food security (Jenkins and Scanlan 2001; Tschirley and Weber 1994; Kennedy and Peters 1992). Integration into global economic markets is as likely to be a source of immiseration and impoverishment as it is a solution (Martinez-Salazar 1999; Ghai 2001; Shiva 2003). Access to safe drinking water and basic sanitation are significantly impacted by displacement and violent conflict and its aftermath; displacement and violent conflict often have an ethnic dimension (Tilly 2003, p. 224; Hannum 1996).
Journal Article