United Nations Declaration On The Rights Of Indigenous Peoples Research Articles

Indigenous peoples at the heritage–climate change nexus: Examining the effectiveness of UNESCO and the IPCC’s boundary work

Abstract There is increasing recognition that Indigenous knowledges have considerable potential to enhance collective understandings of and improve responses to complex ecological threats, such as those to cultural heritage from climate change. At the same time, it appears that Indigenous peoples face structural barriers to participation in international organisations that advance knowledge about those problems. Using the conceptual framework of boundary organisations (BOs) theory and case studies of the Intergovernmental Panel on Climate Change (IPCC) and UNESCO, I argue that the lack of meaningful Indigenous engagement in international knowledge institutions is not just an ethical problem; it also undermines the effectiveness of their assessments. The future success of their boundary work partly depends on further engagement with Indigenous stakeholders. At least at the heritage–climate change nexus, the salience, legitimacy, and credibility of IPCC and UNESCO assessments require substantive Indigenous representation alongside other state/non-state parties. Successful experiences in biodiversity governance indicate that incorporating the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) would enhance Indigenous engagement in UNESCO and the IPCC.

Indigenous Peoples and the Politics of Founding

The article examines the “foundings-beyond-origins” framework as proposed by An-gélica Bernal in her 2017 book, Beyond Origins: Rethinking Founding in a Time of Constitutional Democracy. While accepting Bernal’s arguments about the prevailing vision of founding a political order, she posits that the realities of power deauthorise political origins. This form of politics proposes a model of engagement between In-digenous Peoples (IPs), nations, tribes and communities and hegemonic political orders based on self-determination, autonomy, self-government and consent. These concepts are the cornerstones of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). At the heart of this politcs is the “axiom of indigenei-ty”, a proposition that bases political origins on populations, customs, territoriality and time. The fact that societies that existed prior to the founding of contemporary political orders have survived the realities of power gives meaning to the idea of indigeneity.

THE ORIGINS OF THE TRUST DOCTRINE FOR THE INDIGENOUS PEOPLES: A COMMENTARY FROM THE MALAYSIAN PERSPECTIVE

The Trust Doctrine governs the fiduciary relationship between the state and indigenous peoples, in which the state acts as a trustee for the benefit of its indigenous peoples. However, many states have failed to fulfil their duty and have acted oppressively towards the indigenous peoples. This study critically examines the background and origins of the Trust Doctrine from the United States, its practical application in the state-indigenous relationship, and the efforts made towards a positive translation of the doctrine. In addition, the study explores the impact of a positive implementation of the Trust Doctrine in Malaysia and on the international stage, particularly in the context of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). By analysing the Trust Doctrine's origins, application, and impact, this study highlights the challenges and opportunities for the rights of indigenous peoples (Orang Asli) in Malaysia and beyond. The study emphasises the significance of transforming the Trust Doctrine into a meaningful tool for promoting and protecting the rights of indigenous peoples, while also recognising its potential for environmental protection. Ultimately, this study contributes to the ongoing global discussion on the rights of indigenous peoples and the need for more effective state-indigenous relations. The research methodology employed in this study involves a doctrinal legal research approach and utilises the content analysis method to gather perspectives from the international context and apply them to the Malaysian context.

UNDRIP rights to guide the governance of the Northern Low-impact Shipping Corridors initiative

Canada's governance of Arctic shipping activities is characterized by a collaborative framework that involves various stakeholders, including different governments and departments at various levels, as well as non-governmental stakeholders, such as industry partners, Indigenous organizations, and community members. Especially with Canada’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the need to consider how Inuit rights can guide Arctic shipping governance has become paramount. The Northern Low-Impact Shipping Corridors initiative is Canada’s comprehensive governance initiative for Arctic shipping activities, that considers the need to engage Inuit. However, few studies have focused on how Inuit rights, which are affirmed in the UNDRIP, can reshape, and guide the development and governance of the Corridors initiative. The objective of this article is to fill this knowledge gap, regarding the integration of Inuit rights into Arctic shipping governance. It starts with an overview of the impacts of Arctic shipping on Inuit communities, followed by an analysis of interactions between UNDRIP rights and shipping governance. The article draws upon existing literature on UNDRIP and Arctic shipping to identify several critical UNDRIP rights that are applicable to Arctic shipping governance. Using the Corridors initiative as a case study, this article examines the potential implications of several UNDRIP rights in terms of Inuit participation in decision-making and the governance of the corridors.

Experiences and insights on Bridging Knowledge Systems between Indigenous and non-Indigenous partners: Learnings from the Laurentian Great Lakes

Willingness to engage in equitable and ethical relationships with Indigenous partners is becoming more commonplace within public and academic spheres around the globe. However, insufficient training and attention is being given to produce better outcomes for Indigenous partners. This article is a curation of insights and experiences shared during the virtual talking circle held during the “Bridging Knowledge Systems between Indigenous and non-Indigenous communities” session at the 2021 Annual Conference of the International Association for Great Lakes Research. Through dialogues and exchanges within this circle, we identified core themes, actionable recommendations, and questions worth considering for those wishing to bridge knowledge systems and engage in co-learning processes involving Indigenous and non-Indigenous partners. We describe herein what appreciating Indigenous knowledge systems, understanding colonial histories and realities, respecting the histories and identities of Indigenous communities, building and valuing good relationships, and committing to mutual benefit look like through the eyes of circle participants and authors of this paper. We see, through the consideration of examples from throughout the Great Lakes and beyond, positive signs of change as well as areas in need of much improvement in how relationships with Indigenous partners are being conceptualised and realised and recognize that much work lies ahead before the complete implementation of the calls and recommendations made by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Truth and Reconciliation Commission of Canada (TRC), and the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) are no longer aspirational, but reality.

Examining the connection between water concerns, water anxiety, and resilience among Indigenous persons: A systematic scoping review

Background & objectiveDespite Canada's and the United States' acceptance of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), achieving equitable water, sanitation and hygiene (WASH)-related services among Indigenous peoples remain at issue for the 2030 Sustainable Development Goals (SDGs). Water anxiety is a mental health burden threatening resilience, given cultural stewardship imperatives for water well-being. Participants and settingsPeer-reviewed literature documenting water anxiety/insecurity was explored in relation to resilience among Indigenous communities in Canada and the United States (including Hawaii and Alaska). MethodsA systematic scoping review was conducted using three databases (Medline, Sociological Abstracts and PsycINFO) and key words pertaining to Indigenous Peoples, Canada, U.S., and water. Two reviewers screened and extracted each article. ResultsThe search yielded six quantitative studies. Large diversity among Indigenous communities resulted in different water concerns tied to geographical locales, industry, and the health of water bodies. Environmental concerns, poor access to safe drinking water, and negative effects of water insecurity (water costs, food scarcity) was associated with water anxiety. Indigenous ecological knowledge, cultural continuity, water advocacy, and participatory community interventions was associated with resilience. ConclusionThere is limited research exploring water anxiety and resilience among Indigenous communities. Particularly among women, water related health risks, concern for future generations, and cultural gender role expectations for water stewardship, contribute to water anxiety. An important next step is to recognize water anxiety as a mental health burden, and advance Indigenous-led research to not only optimally redress water inequities, but also the broader scope of its impact to ongoing trauma among Indigenous peoples.

Meeting Together in a Good Way: A Discussion on the Educational Mapping Activity of Indigenous Content in a Nurse Practitioner Program

A Primary Health Care Nurse Practitioner program carried out a unique curriculum mapping activity related to Indigenous content which resulted in the creation of a report entitled Maawanji'idiwag: Meeting Together in a Good Way. The activity was carried out by a working group which consisted of Indigenous knowledge keepers, Elders, faculty, and a student. The curriculum mapping activity prioritized the health-related Calls to Action from the Final Report of the Truth and Reconciliation of Canada (TRC), the Calls to Justice from Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls and the articles from the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as ‘Action Calls’ within a Nurse Practitioner Program. The mapping process was also guided by Bartlett’s decolonizing research framework    The associated literature with the intersecting concepts of decolonization, Indigenization, reconciliation, cultural safety, and humility were linked to these national reports and the curriculum mapping activity and subsequent report. The goal of this paper is to share the many insights and learning from the curriculum mapping report to promote further deep dialogues, involvement and meaningful change within nursing education and health care.

Mitigating the impacts of racism on Indigenous wellbeing through human rights, legislative and health policy reform.

System-wide racial discrimination and inequitable access to justice impedes Indigenous rights to health and wellbeing Indigenous people's health and health rights have been harmed and undermined by racism globally. There is substantial evidence that interpersonal and structural racism contributes to Indigenous people's physical and mental ill health1 and reduces access to health services. In Australia, the racist violation of Indigenous human rights since colonisation has a profound impact on the social and emotional wellbeing of individuals, families and communities across generations.2 This has resulted in an unacceptable health equity gap, which the 2007 Closing the Gap strategy sought to address.3 Recognition of the urgent need to address the health and wellbeing impacts of racism guided The Boatshed Racism Roundtable Declaration4 in 2009, which called on the Prime Minister and First Ministers of Australia to initiate constitutional, policy and practice reforms underpinned by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) — particularly Article 3 (the right to self-determination) and Article 42 (calling on United Nations signatories to implement the Declaration) — to ensure protection against racial discrimination.5 The right to health is the right to access the necessary services and facilities to prevent and manage ill health.6 It encompasses a human rights-based approach to the social determinants of health: access to nutritious food, safe and secure housing, sanitation, secure employment, education, health care, and freedom from violence and discrimination are fundamental inter-related human rights. In this Perspective, we argue that a human rights-based approach underpinned by UNDRIP is central to the guiding vision of the National Aboriginal and Torres Strait Islander Health Plan 2021–2031,5 which states that “Aboriginal and Torres Strait Islander people enjoy long, healthy lives that are centred in culture, with access to services that are prevention-focused, culturally safe and responsive, equitable and free of racism”.7 The right to health is a cornerstone of inter-related international human rights instruments that seek to uphold concepts of human freedom, equality and dignity. In theory, Indigenous Australians are protected from racial discrimination by seven international human rights treaties and covenants to counter racism and eliminate racial discrimination, including the International Convention of the Elimination of All Forms of Racial Discrimination,8 to which Australia is a signatory. The states that ratify the Convention undertake to eliminate racial discrimination by passing legislation, devising policies, implementing educational initiatives, or carrying out prosecutions.9 However, none of these conventions are legally binding and all fail to recognise and address racism, tolerating racist acts and oppressive ideologies.10 Although most signatory governments, including Australia, denounce racism, most allow racism in its different forms due to inadequate legal mechanisms, poor definitions of racism, a lack of moral and political will, and a lack of accurate data revealing the inequalities in accessing services experienced by Indigenous people.9-11 Moreover, although Article 40 in UNDRIP enshrines a right to access justice for Indigenous peoples as both a fair procedure to resolve conflicts and disputes and an effective remedy for the contravention of their rights, and Article 15 (2) requires that states take effective measures to combat prejudice and eliminate discrimination, Australia's failure to establish strategies for this to occur, as Allison12 argues, “makes access to justice institutionally racist or discriminatory as it applies to Indigenous people”. Furthermore, Australia's Racial Discrimination Act 1975 (Cth) fails to include, or make reference to, the UNDRIP principles.13 Racism is an affront to human dignity and rights when embedded in institutions, and a significant driver of health disparities globally6, 8 and in Australia. Being subjected to racism generates physiological changes that result in irreparable damage and long term adverse effects on mental health, including high levels of psychological distress,1 depression, and suicidal ideation.13, 14 Indigenous social and emotional wellbeing, and mental and physical health have been adversely affected by over 200 years of institutional, cultural and interpersonal racism. The Queensland Mental Health Commission report Don't judge, and listen found that Indigenous people were subjected to a general and pervasive racism throughout their lifetime, recommending a multifaceted, whole-of-system approach to address racism and improve Indigenous social and emotional wellbeing.15 Racial discrimination is prohibited by law in Australia through the Racial Discrimination Act,13 and a total of 13 Acts and a Charter of Human Rights developed by states and territories across Australia identify indirect and direct discrimination against Indigenous Australians in health services as unlawful (Box). However, racial discrimination in the justice system impedes access to health justice. There is extensive concern in Australia that recourse to laws and statutory mechanisms against racial discrimination towards Indigenous Australians are seldom accessed, and when they are, justice is rarely enacted.11, 12 Despite extensive ongoing experiences of racism in health services, few Indigenous people have sought legislative recourse to justice through the Racial Discrimination Act for fear of being revictimised.12 Interpersonal and structural racism within the legal system remains a chronic and formidable barrier to access to justice and health rights for Indigenous people. Given racism has adverse long term effects on Indigenous people across generations13 and is an important determinant of social and emotional wellbeing, there is an urgent need to address the legal determinants of health. The crucial role of law to ensure equitable access to health is emerging as a global human rights issue; According to Gostin and colleagues,16 “law can be a powerful tool for securing and advancing health and equity. It can be used to set and defend the norms and standards of good health, to establish and strengthen resilient health systems, and to hold actors and institutions accountable”. This is especially true of interpersonal and institutionalised racism within the health system.12 Aboriginal and Torres Strait Islander people's experiences of racism and discrimination must be fed back into system improvement processes to ensure whole-of-health system accountability and change. This includes building in protocols for cultural safety, respect and confidentiality. Complaints driven processes require monitoring and reporting mechanisms that demonstrate their effectiveness for Aboriginal and Torres Strait Islander people and compliance with racial discrimination law.7 Many Indigenous people experience a historically and structurally entrenched lack of access to health and justice services. Access to justice is a recognised determinant of mental health and wellbeing.16 Both the legal and health systems have a crucial role in protecting Indigenous people from the complex biopsychosocial harms of racism.22 Objective 8.3 of the Health Plan is crucial in this respect.7 A whole-of-system approach to eliminating racism requires culturally safe legal mechanisms within the justice system for reporting interpersonal and structural racism and racial discrimination experienced in the health system. Institutional and systemic racism within the legal system currently prevents access to justice to seek redress for adverse Indigenous encounters with racism and racial discrimination in health.12 Even though few human rights, including UNDRIP, are implemented and protected by legislation in Australia, there is evolving legislation around protection against racial discrimination23 globally as well as calls for greater focus on racism.10, 11 The new public awareness campaign “Racism. It stops with me” urges Australians to reflect on the impact of racism and do more to confront it.24 The multiplatform campaign aims to build awareness of how racism operates at both a structural and interpersonal level by providing tools to recognise it and address it. The cultural safety frameworks established to support mainstream services to create culturally safe environments, services and practices need recourse to a legislative framework as well.17 Cultural safety can be strengthened by integrating legislation that protects Indigenous people from racial discrimination, ensuring their dignity and fundamental human right to health are protected. Indigenous service users require access to their rights under the law and to culturally safe legal pathways for reporting racial discrimination experienced in the health system. Recent work through the Partnership for Justice in Health and the Lowitja Institute has potential to inform the evidence base, health policy, legislation and rights to strengthen Indigenous access to justice and health,11 particularly through the Aboriginal Community Controlled Health Services sector under the auspice of the Closing the Gap Partnership and Coalition of Peaks. Open access publishing facilitated by The University of Western Australia, as part of the Wiley - The University of Western Australia agreement via the Council of Australian University Librarians. No relevant disclosures. Not commissioned; externally peer reviewed.

Human Rights and the Novel After UNDRIP: On Louise Erdrich's Justice Trilogy

Abstract: This essay extends Joseph Slaughter's argument that the genre of the novel and human rights discourse are "mutually enabling fictions," by examining three novels by the celebrated Native American author Louise Erdrich (Turtle Mountain Chippewa) created in the wake of the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). UNDRIP presented a significant innovation in human rights discourse, extending the concept of human rights not just to individuals but to whole communities and transnational collectivities of Indigenous people. Erdrich's The Plague of Doves (2008), The Round House (2012), and LaRose (2016) have been grouped together as her "Justice Trilogy" for their common thematic exploration of justice as a concept in its various legal, theological, metaphysical, and personal meanings. And yet the books all remain essentially unsatisfying in their inability to resolve the central question of whether justice was, or ever can be, done. I propose that this is because the real aim of the books is not to elaborate on a unitary concept of justice at all, but rather to think through the problem of the enabling conditions of justice, namely human rights. Together, the novels loosely describe a history of human rights discourse related to Native Americans, with The Plague of Doves exploring the absence of human rights and the impossibility of justice in the moment of non-Indigenous settlement of the Great Plains, and The Round House exploring justice and human rights in the context of the compromised sovereignty of reservations during the era of "self-determination." The final book, LaRose , explores problems of justice, mourning, and revenge in the context of a fictional world in which cultural rights and Indigenous sovereignty are taken as givens; in other words, within a regime of human rights similar to what is proposed in UNDRIP.

Pathways for Healthcare Organizations to Strengthen Indigenous Nurse Retention.

Call to Action #92 encourages corporations to apply the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as an organizational framework and provides concrete strategies to guide policy and operational activities to increase Indigenous participation in the economy (Truth and Reconciliation Commission of Canada 2015b; UN 2007). Call to Action #92 and the UNDRIP are explored to provide strategies to decolonize mainstream healthcare organizations and promote workplace structures that assist Indigenous nurses in thriving in the work setting. The recommendations in this synthesis paper can be used by healthcare organizations to support Indigenous reconciliation in Canada.

The River’s Legal Personhood: A Branch Growing on Canada’s Multi-Juridical Living Tree

Relationships with rivers in British Columbia are often imbued with social and material toxicity. Learning from three sources of law in British Columbia—Indigenous, Canadian, and international law—this article draws out one potential remedy to the imbalanced relationships between humans and rivers through exploring the viability of declaring the rights of nature in accordance with the socio-cultural and doctrinal frameworks embedded in these three sources of law. By taking seriously storied precedents and governing practices from the ‘Namgis, Heiltsuk, and W̱SÁNEĆ Nations, this article is guided by their water relations, governance, and legal orders. In expanding Canadian conceptions of personhood, challenging anthropocentrism within section 7 of the Charter of Rights and Freedoms, and expanding section 35 constitutional protections, this article also leverages Canadian legal concepts and protections for remedying river relations. Drawing upon the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) further guides the process of affirming the rights of rivers, especially in light of legislation that has codified UNDRIP domestically. Braiding these three sources of law indicates that subsequent rights of nature cases should be rooted in the interpretative and analytical framework of Canada’s multi-juridical living tree.

“We are not in Geneva on the Human Rights Council”: Indigenous peoples’ experiences with the World Heritage Convention

AbstractThis article examines Indigenous peoples’ experiences with the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) World Heritage Convention against the backdrop of their rights as recognized in the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and reviews the efforts of Indigenous peoples and human rights mechanisms to ensure respect for Indigenous peoples’ rights, cultures, and values in World Heritage sites. Although the Convention’s governing bodies have adopted policy and operational guidelines “encouraging” states parties to respect Indigenous peoples’ rights, many nomination, management, and protection processes of World Heritage sites continue to be marked by an exclusion of Indigenous peoples from decision making, a lack of respect for their relationship to the land, and disregard for their traditional livelihoods and cultural heritage. Human rights violations against Indigenous peoples continue to occur unabated in many sites and are in many ways enabled, and sometimes even driven, by decision making under the Convention. This article argues that there is an unacceptable disconnect between this Convention and the UN human rights system, with significant implications for the Convention’s and UNESCO’s credibility, and that a concerted effort should be made to align this UN Convention with the UNDRIP and the human rights purposes of the UN Charter and the UNESCO Constitution.

Journey to Justice: The United Nations Declaration on the Rights of Indigenous Peoples in the Context of West Papua

This article aimed to examine the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), focusing on the rights of the Indigenous Papuan people in the Indonesian provinces on the western half of the island of New Guinea, commonly referred to in English as Papua or West Papua. By drawing on the theory of norm diffusion in the study of international relations, this article argues that despite adopting a declaration on the rights of indigenous peoples, the Indonesian government seems to find fulfilling the rights of Indigenous Papuans challenging due to obfuscation and lack of political will. This article finds that the implementation of special autonomy in Papua has been a failure, as the human rights situation has deteriorated and the fundamental rights of Indigenous Papuans remain unfulfilled.

Indigenous Customary Law and Norwegian Domestic Law: Scenes of a (Complementary or Mutually Exclusive) Marriage?

Articles 27 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognise Indigenous Peoples’ laws. Art. 34 gives Indigenous Peoples the right to maintain their juridical systems or customs in accordance with international human rights standards. Although the UNDRIP is soft law, its core is arguably customary law and, therefore, a binding source of law. For States with Indigenous People, such as Norway, the UNDRIP is of paramount importance, from a legal, political, and not least moral perspective. This paper discusses norm hierarchies and tensions that are created in the meeting between the Indigenous customary law of the Sámi and statutory domestic Norwegian law. The introduction of customary, commonly unwritten, Indigenous rules into the judicial portfolio of a State creates an obvious challenge: what is their legal status? Can Indigenous law set aside domestic statutory norms? Some might argue that due to historical wrong, Indigenous law should always take precedence when domestic law conflicts with it. While Norwegian domestic law acknowledges the precedence of certain core human rights treaties over domestic laws, the same is not valid for Indigenous rights. How then should Indigenous custom be dealt with before a court of law, and how do the different legal systems relate to each other? This paper is foremost based on theoretical, to a lesser degree also on empirical material. It discusses on a general level the relationship between different legal systems within the same State and, on a specific level, the dealing of the Norwegian courts with Sámi Indigenous laws and customs.

Abstract IA-37: Addressing cancer health disparities among Indigenous communities

Abstract Many Indigenous Peoples around the world continue to experience substantial inequities in health as a result of the enduring legacy of colonisation, marginalization and disempowerment. While there are many thousands of miles that separate our presenters by distance, we are united in our conviction to work collaboratively to improve the health and wellbeing of Indigenous peoples and to honor the cultural diversity and strengths within our communities with whom we are fortunate to work alongside. Providing global, national and regional perspectives from New Zealand, Australia and Canada, this presentation will capture both the common strengths and shared challenges faced by Indigenous Peoples within the realm of health, wellness, and cancer. Harnessing learnings and reflections from previous World Indigenous Cancer Conferences (WICCs), and the presenters research activities, they will discuss the challenges and solutions to improve cancer surveillance, strengthening our ability to develop and monitor cancer control plans with a focus on improving equity in cancer outcomes. This session directly responds to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and Indigenous People's rights to self-determination. Citation Format: Nadine R. Caron, Gail Garvey, Nina Scott, Warren Clarmont, Kevin Linn. Addressing cancer health disparities among Indigenous communities [abstract]. In: Proceedings of the AACR Virtual Conference: 14th AACR Conference on the Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved; 2021 Oct 6-8. Philadelphia (PA): AACR; Cancer Epidemiol Biomarkers Prev 2022;31(1 Suppl):Abstract nr IA-37.

Indigenous Influence and Engagement in Mining Permitting in British Columbia, Canada: Lessons for Sweden and Norway?

Mine developments in Indigenous territories risk disrupting Indigenous cultures and their economies, including spiraling already high levels of conflict. This is the situation in Canada, Sweden, and Norway, as elsewhere, and is fostered by current state legal framework that reflect historical trajectories, although circumstances are gradually changing. Promising institutional changes have taken place in British Columbia (BC), Canada, with respect to new legislative reforms. Notably, new legislation from 2019 intends to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the province, by promoting consent-based and collaborative decision-making mechanisms. New environmental assessment legislation is another example; this legislation includes early engagement, collaborative decision-making, and Indigenous-led assessments. The article’s aim is, first, to analyze how Indigenous communities can influence and engage in the mining permitting system of BC, and, secondly, to highlight the positive features of the BC system using a comparative lens to identify opportunities for Sweden and Norway regarding mining permitting and Indigenous rights. Applying a legal-scientific and comparative analysis, the article analyzes traditional legal sources. The article concludes that the strong points that the BC regime could offer the two Nordic countries are: the concept of reconciliation, incorporation of UNDRIP, the spectrum of consultation and engagement approaches, and the structure of environmental assessments. All three jurisdictions, however, struggle with balancing mine developments and securing Indigenous authority and influence over land uses in their traditional territories.

The train from Dunvegan: implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in public archives in Canada

The train from Dunvegan: implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in public archives in Canada

The Significance of Indigenous Field Education: an Analysis of the Social Workers Advancing Through Grounded Education Program.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is predicated on the inherent sovereign rights that all Indigenous peoples have to their lands, cultural practices, and traditional resources prior to colonization and assimilation. However, Indigenous populations continue to be disproportionately affected by inequitable access to education, workforce development, and physical and mental health care. Opportunities for education and workforce development in the field of social work are essential to strengthening Indigenous communities. Indigenous students must often move outside of their communities to pursue master’s-level social work degrees, decreasing their opportunity to practice skills within these communities during required master’s-level practica. Universities must offer equitable opportunities to Indigenous students wishing to complete practica within Indigenous communities by providing financial support and curricular preparation. In 2014, the Social Workers Advancing through Grounded Education (SAGE) program was created by the Kathryn M. Buder Center for American Indian Studies to provide these opportunities to MSW students, particularly Indigenous students. SAGE consists of recruitment, classroom training, field training, and partnership development. The program has provided financial and educational support to 53 students and created 43 formal partnerships with Indigenous-serving institutions, with nearly 90% of SAGE recipients identifying as Indigenous. This article presents findings that suggest access to practica with Indigenous populations leads to Indigenous social work students feeling more confident about serving Indigenous communities as social work professionals upon graduation. These results add to literature regarding best practices for creating equitable field education programs suited to enhancing social work in Indigenous communities.

Transforming REDD+ for Indigenous rights in Costa Rica

ABSTRACT : Financing the conservation of critical global carbon sinks in developing countries has been an ongoing focus in global climate change mitigation talks, with the development of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) strategy through the United Nations Framework Convention on Climate Change. The importance of returning land tenure of these forests to Indigenous People is also recognised as a crucial component of forest conservation as well as fulfilment of Indigenous Rights, as outlined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, denunciations of REDD+ by Indigenous rights activists justify concern over transparency and accountability for governments claiming to effectively uphold Indigenous rights throughout the negotiation of their national REDD+ strategies. This case study of the KéköLdi Indigenous Territory of Costa Rica yields essential decolonial transformations for the Costa Rican National REDD+ strategy in order to support ten specific articles of the UNDRIP. These decolonial Indigenous proposals hold the Costa Rican government accountable to its legal commitments to its Indigenous People as well as recognise and respect the robustness of Indigenous environmental knowledge and cultural conservation practices. These decolonial approaches could be applied in other countries that are developing their own national REDD+ strategies while fulfilling their commitment to Indigenous rights.

Indigenous Communities Defining and Utilising Self-determination as an Individual and Collective Capability

ABSTRACT International law establishes who has rights to self-determination and outlines the rights of Indigenous people through the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Many countries who are United Nations members, such as those of our case studies, have not made changes to their laws to implement UNDRIP. This affects how Indigenous peoples can engage in capabilities for self-determination for their wellbeing. Drawing from methods that are adapted to be in alliance with Indigenous methodologies through utilising Indigenous relational theoretical frameworks, we present two case studies, one in the U.S. that used ethnographic futures research and one in Bangladesh that used participatory action research. Our paper critically discusses: (1) how the capability approach relates to Indigenous self-determination and wellbeing, (2) how colonisation affects the ability of Indigenous people to engage in capabilities for self-determination, (3) how Indigenous people define and utilise self-determination as an individual and collective capability for their wellbeing, and (4) how unfreedoms restrict Indigenous people from utilising the capabilities for self-determination. We hope that this paper will contribute to broadening the capability approach to be able to engage more fully with Indigenous peoples.