United Nations Declaration Research Articles

Responsiveness to Māori in dysphagia research: beyond ‘kai’ (nutrition), ‘inu’ (hydration), and ‘te reo’ (Māori translation)

ABSTRACT Dysphagia services are embedded in a colonial health system that was not designed for Māori (Indigenous peoples of Aotearoa New Zealand). Despite the obligations of Te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples, dysphagia research that benefits Māori remains to be established. A paradigm shift in the dysphagia literature warrants critical analysis and reflection on different ways of knowing, doing, and thinking. In Aotearoa New Zealand, the effects of colonization, racism, systems, and power dynamics on Māori with swallowing problems should be further examined. Relationships must be meaningful between dysphagia research teams and Māori (patients, whānau (family), hapū (sub-tribe), iwi (tribe), communities, health professionals, researchers) and support Māori leadership. Future dysphagia research should encompass Te Tiriti obligations, Māori rights to health, cultural safety, and Māori ethical considerations, such as Māori data sovereignty. This paper considers how an equity-based approach in dysphagia research can better support Māori with swallowing problems and their whānau, and achieve equitable outcomes.

Cyber Surveillance and Privacy Issues vis-à-vis International Law

The ‘Big Brother is Watching’, is now a trend that is prevalent in the society where the unregulated and unfiltered monitoring of data and interception has led to interference with the privacy rights of the individuals. The background to the concept may not be expressly seen in text but the context of privacy be protected can be seen in legal instruments such as United Nations Declaration on Human Rights, International Covenant on Civil and Political Rights. Though, the legal jurisprudence has also taken sides for placing community interest over individual interest but has often been deficient in providing objective reasonings and justifications. When the privacy and the human rights are interfered with, no one but the State should own the responsibility. The contours of this responsibility have been circumscribed by the existing international legal instruments, but their effectiveness is compromised because of their non-binding characteristics. The paper outlines the importance of regulating mass surveillance, secret surveillance, cyber espionage, cyber attacks etc. and has facilitated a discussion of establishing a pattern of standardized norms in line with human rights obligations catalyzed by cyber diplomacy, which can easily be adopted by States. The paper is Analytical and descriptive in nature. The question will always be debatable when it comes to States exercising their right of surveillance for maintaining law and order and upholding the security of the nation being violative of individual rights. So, whether the States are able to strike a balance between State authority and Fundamental rights of the individuals? Whether the proportionality that is exhibited is justifiable? The uncontrollable parasitic attack on digital communications, without reasonable suspicion is excessive, arbitrary and abusive. There is a need not only for a structured legal framework but also procedural safeguards, oversight mechanisms and redressal forums.

The repatriation of African heritage: shutting the door on the imperialist narrative

This article is written in recognition of the repatriation movement, which is going through a renaissance in relation to the cultural heritage of African peoples. The collecting of African cultural heritage without free, prior and informed consent was a feature of colonialism. This article highlights the vulnerability of past and present African heritage in the light of the ‘imperialist narrative’. The imperialistic narrative accompanied the act of colonialism in Africa and enabled the taking of African heritage to public and private collections in Europe and America where many remain. Much of the heritage was displayed as an African ‘curiosity box’ which helped to support the now discredited idea of a hierarchy of peoples. This articleargues that until there is a steady stream of African heritage returning home to Africa the narrative will continue to impact in situ African heritage including natural resources. Until museums repatriate African heritage unreservedly, the ‘imperialist narrative’ will exclude the corollary narrative of African Renaissance. The article examines potential restitution/repatriation mechanisms for African peoples and states for the return of their cultural heritage, drawing on the UNESCO conventions, the African Union Charter for African Cultural Renaissance, the Sarr and Savoy Report, ‘Restitution of African Cultural Heritage. Toward a New Relational Ethics’, the Report of the Expert Mechanism on the Rights of Indigenous PeoplesRepatriation of ceremonial objects, human remains, and intangible resources under the United Nations Declaration on the Rights of Indigenous Peoples’ and the ECOWAS 2019/2023 Action Plan on the return of cultural properties to their countries of origin.

The United Nations Declaration on the Rights of Indigenous Peoples and the Sermon on the Mount

[Figure: see text] This paper examines what the Sermon on the Mount has to say about how Indigenous rights and traditions should be braided together with Canadian law to honour the intent of the UN Declaration on the Rights of Indigenous Peoples, and what the Declaration has to say about how the Sermon should be interpreted. The ethical demands of the Sermon require a fundamental respect for Indigenous world views, traditions, and land claims in this process, so that the sovereignty of Indigenous peoples over their lands and their right to self-determination are fully implemented and nation-to-nation relationships upheld between them and the Crown. Conversely, the Declaration decentres the Sermon. It requires that this same respect be demonstrated as the ethical demands of the Sermon are followed.

Changing the Narrative: Settler Colonialism, Food and the Columbia River Treaty

While the written terms of the Columbia River Treaty appear to justify the often-heard claim that it is all about hydropower and flood control, a full account of its history reveals its critical importance to US agriculture and close relationship to early phases of colonization and development in the Upper Columbia River Basin. In this paper I argue that the Treaty is best understood as the third phase in the last large-scale government-sponsored settler colonialism project in North America, a project that began with the construction of the Grand Coulee Dam in the 1930s. I further argue that the dominant narrative that informs current efforts by Canada and the US to revise the treaty does not fully recognize the settler colonial structure of the original treaty or its critical impact on both Indigenous and settler food systems throughout the basin. I begin with a description of the history of the treaty, in order to demonstrate its continuity with earlier phases of settler colonialism, then focus on its impact on food systems. I conclude with an assessment of the ongoing Canada/US treaty review and renegotiation process that began in 2011 with suggestions for how the process could be brought into better alignment with the United Nations Declaration on the Rights of Indigenous Peoples and the Calls to Action of the Truth and Reconciliation Commission of Canada.

Using spectrum allocations to address indigenous rights claims: The case of New Zealand

In February 2022, the New Zealand Government announced that a yet-to-be-formed “Māori Spectrum Entity” would “receive an ongoing allocation of 20 percent of future national commercial spectrum allocations, at no cost.” This is in addition to the 25 percent of spectrum designated for 5G technology (mid-band, 3.4–3.8 GHz) under the Māori Spectrum Working Group agreement. The novel arrangement, which creates a perpetual obligation rather than simply a one-off transfer, appears to settle a long-standing dispute between the Māori indigenous people of New Zealand and the Government regarding a claim under an 1840 treaty that Māori were entitled to a share of spectrum due to their historic property rights and the Government's obligation to ensure that their language could flourish. Further support apparently derives from New Zealand's obligations as a signatory to the United Nations Declaration on the Rights of Indigenous Peoples.The decision is notable for the lack of analysis of the expected effects on long-standing sector competition and efficiency objectives in the New Zealand telecommunications industry. Importantly, it introduces a tension into New Zealand spectrum policy between the (historic) allocation of spectrum rights to achieve the most economically efficient future outcome for the benefit of all New Zealanders (including all Māori), and the (post-memorandum) allocation where a preferential set-aside has been created to address a narrow distributional objective in spectrum “ownership” and governance involving only a subset of the population identifying as Māori.While raising the latter question, this paper addresses the competition and economic efficiency issues absent so far in official consideration of the arrangement. Using comparative economic and policy analysis, we find that while wealth and control is transferred from the Crown to the Māori entity, the Māori entity faces very different opportunities and incentives to deploy the spectrum in the most socially-useful manner compared to commercial operators. The “set-aside” creates both artificial scarcity for commercial spectrum and alters the strategic options for all parties due to the Māori rights being perpetual and not subject to the same terms and conditions as commercial spectrum. Additional burdens are imposed on New Zealand telecommunications service consumers not borne by those in jurisdictions without such policies, and relative to the counterfactual of full open auction of the relevant rights.We conclude that the agreement effectively subjugates sector competition and efficiency objectives to distributional concerns. Furthermore, granting specific policy development rights to the Māori entity suggests the agreement is not simply a vehicle for administering Māori spectrum but instead establishes a constitutional “co-governance” partnership between a state agency and the Māori entity governing future New Zealand spectrum policy. These fundamental changes to spectrum policy are unprecedented internationally.

Triaging of patients by general practitioners (GPs) in primary health care settings: a neglected aspect in the health policy & practice in Nepal

General Practitioners are the backbones of the primary health care and whole health system around the world. United nation declaration in Alma Ata about primary health care and WHO reinforcement regarding the importance of robust primary health care for universal health coverage are major catalysts to sensitize the government to implement triaging of patients through primary care by general practitioners. Nepal lacks strong primary health care system utilizing general practitioners as frontline health service providers in the community level. This has made people travel a long distance risking high expenses to get basic healthcare. The overcrowding in tertiary care hospitals is a result of improper triaging and referral system. General practitioners in Nepal work in emergency departments of hospitals and medical colleges, do private practices and a small number of GPs work in health departments of Ministry of Health and Population. Proper mobilization of GPs and establishing primary health care system is paramount to achieve equity, efficiency and effectiveness in health services. Current health policies and program must be reviewed and updated based on the evidences from the studies. CME (Continuous Medical Education) was organized in Chitwan for General Practitioners as a regular program of GPEMAN(General Practice and Emergency Medicine Association of Nepal). Participants were asked about primary health care system in Nepal and its opportunities and barriers. Majority of participants 84% (32 out of 38) pointed out that poor health policy and lack of recognition of General Practice for primary health care as first contact physicians by the government are the major challenges and barriers. Evidences will guide government and concerned stakeholders to establish robust primary healthcare system to increase access, efficiency, effectiveness of health service and to reduce out-of-pocket expenditure and disease burden in the community.

Garihma (to Care for)

Garihma (to Care for)

International Developments Related to Protection of Traditional Knowledge

International development efforts have increasingly recognized the importance of protecting traditional knowledge, especially in the context of indigenous communities. Traditional knowledge encompasses a broad range of information, practices, and beliefs that have been passed down through generations within a community, often related to areas such as medicine, agriculture, and the environment. However, the exploitation of traditional knowledge by outsiders has led to concerns about intellectual property rights and cultural appropriation. International efforts to protect traditional knowledge have included the creation of legal frameworks, such as the Nagoya Protocol, which aims to ensure that access to and use of traditional knowledge is based on prior informed consent and that benefits are shared fairly. Additionally, initiatives such as the United Nations Declaration on the Rights of Indigenous Peoples have emphasized the importance of recognizing and respecting the rights of indigenous peoples to their traditional knowledge and cultural heritage. Despite these efforts, challenges remain in effectively protecting traditional knowledge. The complexity of traditional knowledge and the diversity of indigenous communities means that a one- size-fits-all approach is not always effective. Additionally, the power imbalances between indigenous communities and external actors can make it difficult to ensure that traditional knowledge is used and shared in a manner that respects the rights and autonomy of the communities involved. Overall, protecting traditional knowledge is an important aspect of international development efforts, and requires ongoing engagement with indigenous communities to ensure that their rights and knowledge are respected and protected.

THE ISSUE OF INDIGENOUS PEOPLES AT THE UNITED NATIONS: SELECTED PROBLEMS

The paper is a critical analysis of the index of norms and mechanisms protecting the collective rights of indigenous peoples established at the United Nations. The norms and mechanisms for the rights of indigenous peoples have been studied from two viewpoints: firstly, through the prism of how the norm of ‘the right to self-determination’ is created and implemented within the framework of international cooperation; and secondly, as collective rights, which are both a form of implementation of the individual human right and its complement. The United Nations Declaration on the Rights of Indigenous Peoples has been analysed with the use of the legal and dogmatic method. The conclusion provides an assessment complemented by de lege ferenda postulates.

Free prior informed consent in the extractive industry: Approaches to involving Indigenous peoples in decision-making in Russia

Free prior informed consent is a principle for consulting, cooperating, and obtaining consent from Indigenous peoples through their representative institutions on matters affecting them. It is promoted by the United Nations Declaration on the Rights of Indigenous Peoples, which calls on nations to strengthen the civil, political, and economic rights of Indigenous peoples by securing their rights to land, minerals, and other natural resources. Extractive companies have been developing policies to address Indigenous peoples' concerns as part of legal compliance and voluntary actions under corporate social responsibility. The lives and cultural heritage of Indigenous peoples are continuously affected by operations of extractive industries. This is notable in the Circumpolar North, where Indigenous peoples have developed sustainable resource use practices in fragile natural environments. In this paper, we examine corporate social responsibility approaches to implementing free prior informed consent in Russia. We investigate how public and civil institutions influence the policies of extractive companies and their impact on Indigenous peoples’ self-determination and participation in decision-making.

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.

IMMIGRANTS NEED CITIZENSHIP – THE ROLE OF ALMADA MUNDO ASSOCIATION

Migration is a human right enshrined in article 13 of the United Nations Declaration of Human Rights, which reads “every human being has the right to leave any country, including his own, and to return to it” (UN, 1948). The positive effects of migration have recently been highlighted, both for the countries of origin and destination, as well as for the migrants themselves. In 2005, migration was named the central challenge of the century by the United Nations Global Commission on International Migration and the 2030 Agenda for Sustainable Development (UN, 2015a). All signatory countries must empower vulnerable groups, recognize the positive contribution of migrants to sustainable growth and inclusive development. In turn, the European Union, in the European Consensus for Development (2017), aligned with that imposing to “Member States to promote dignity and resilience of displaced people and their inclusion in the economic and social life of host countries and communities”. Portugal has already committed itself to developing suitable policies for the social integration of the immigrant community, with a focus on culture and language, education and employment, and professional qualification, as stated in the Council of Ministers Resolution No. 12-B/2015. Despite all of the laws in place, the Almada Mundo Association's experience suggests that few people will be able to meet the international and national goals on a local level. In this article, we highlight the constraints being still faced by immigrants residing in Almada accessing citizenship, through the content analysis of their testimonies, taken through semi-structured interviews.

Norwegian Law and the Swedish Sami

Abstract Modern state boundaries often cut through territories currently or formerly occupied by indigenous peoples. In many cases, the unmitigated application of laws on movement across the border can interfere with the rights and way of life of an indigenous group. This paper considers recent legal developments in Canada and Norway concerning cross-border rights and claims. It highlights conflicts that have emerged between constitutional principles that are regarded as fundamental within the state and norms drawn from international law, and in particular the norms set by United Nations Declaration on the Rights of Indigenous Peoples. We focus on the constitutional jurisprudence on cross-border rights of indigenous peoples in Norway, and draw on the Canadian law as a means of demonstrating that the Norwegian approach is unduly restrictive. This, we argue, is primarily due to the preference of the Norwegian court for a paternalistic model of indigenous claims. We contrast this with the recent jurisprudence from the Canadian Supreme Court on cross-border claims, where the reasoning is closer to a model that gives priority to the recognition of indigenous rights, as required under the UN Declaration. The final section returns to Norway, to consider the impact of the European Convention on Human Rights (‘echr’) to Sami rights. The leading case is under review by the European Court of Human Rights, and accordingly the article asks whether the paternalist model will withstand the closer scrutiny against human rights standards.

Implementing UNDRIP in British Columbia in a Post-Yahey Context: What to Expect After the Yahey v. BC Litigation (S151727) and the Agreement on Industrial Development and Cumulative Effects Management

Almost two years after the ground-breaking verdict that the Supreme Court of British Columbia issued in the context of the Yahey v. BC litigation, on January 18, 2023, the Province of British Columbia signed a historic agreement with Blueberry River First Nation (BRFN) to address the cumulative effects of industrial development on the meaningful exercise of Treaty 8 rights in the Nation’s traditional territory while establishing collaborative approaches to land and resource planning. At the same time, the Province concluded agreements with other Treaty 8 First Nations (Doig River, Fort Nelson, McLeod Lake, Prophet River, Saulteau and West Moberly First Nations) concerning cumulative effects management, land planning and resource exploitation. These agreements have been praised as ground-breaking steps towards a new relationship that Government and Industry are eager to build with First Nations while healing the land and ensuring certainty for Industry to carry on resource development in British Columbia. This happens as the Province and the Federal Government move forward with their action plans to implement the United Nations Declaration on the Rights of Indigenous Peoples (hereafter UNDRIP) at the provincial and federal levels. It also comes at a time of significant challenges British Columbia must face, between new First Nations development projects (i.e., the Cedar LNG project) that the Province is actively supporting and recent litigations initiated by some First Nations to see UNDRIP adequately implemented in the BC legal framework (i.e., the trial initiated by Gitxaala and Ehattesaht First Nations concerning the lack of consultation regarding how BC grants mineral claims).

Metaphor power and language typology: Analysis of correlation on the material of the United Nations Declarations

Metaphor power and language typology: Analysis of correlation on the material of the United Nations Declarations

Global impacts of extractive and industrial development projects on Indigenous Peoples' lifeways, lands, and rights.

To what extent do extractive and industrial development pressures affect Indigenous Peoples' lifeways, lands, and rights globally? We analyze 3081 environmental conflicts over development projects to quantify Indigenous Peoples' exposure to 11 reported social-environmental impacts jeopardizing the United Nations Declaration on the Rights of Indigenous Peoples. Indigenous Peoples are affected in at least 34% of all documented environmental conflicts worldwide. More than three-fourths of these conflicts are caused by mining, fossil fuels, dam projects, and the agriculture, forestry, fisheries, and livestock (AFFL) sector. Landscape loss (56% of cases), livelihood loss (52%), and land dispossession (50%) are reported to occur globally most often and are significantly more frequent in the AFFL sector. The resulting burdens jeopardize Indigenous rights and impede the realization of global environmental justice.

Indigenous birth support worker (IBSW) program evaluation: a qualitative analysis of program workers and clients’ perspectives

BackgroundThe Indigenous Birth Support Worker (IBSW) Program provides Indigenous women with respectful, culturally safe, and trauma-informed care and supports women and families during labor and delivery. Located in the Jim Pattison Children’s Hospital (JPCH) Maternal Care Centre in Saskatoon, Saskatchewan, Canada, the program served 1023 clients between December 2019 and January 2021.MethodsThe study objective was to explore the perspectives of the IBSWs and program clients one year post-implementation. The research plan was developed in collaboration with the IBSW program director and manager, IBSWs, and partners from the First Nation and Métis Health departments within the health region. A focus group with four IBSWs and individual interviews with ten clients who received services were conducted using a qualitative research design.ResultsThematic analysis revealed that clients greatly appreciated and respected the IBSWs’ cultural support and their compassionate, nonjudgmental, and safe care. IBSWs emphasized the importance of culturally safe and client-centered treatment, more effective pain management solutions, and that relationships with Elders and community healthcare personnel should be built and strengthened to improve pregnancy and postnatal care delivery. IBSWs desire to work with community healthcare providers to provide prenatal care and build relationships before delivery. IBSWs advocated for collaborative cooperation with community healthcare professionals and rural healthcare teams to enable a smooth care flow to and from communities.ConclusionThe Indigenous Birth Support Worker (IBSW) Program provides safe and client-centred care to Indigenous women during pregnancy, labour, and postpartum, consistent with the six principles proposed by BC perinatal services. IBSWs advocate for and assist Indigenous women in obtaining quality healthcare, provide traditional and cultural support, and positively affect mental health. However, the evaluation has revealed that healthcare provider insensitivity towards Indigenous clients persists. There is a need for greater role clarity and collaboration with healthcare practitioners to ensure evidence-based healthcare of the highest standard. This requires a commitment to addressing systemic issues and implementing broader calls to action and justice proposed by the Truth and Reconciliation Commission Calls to Action, the Missing and Murdered Indigenous Women and Girls Calls for Justice, and the United Nations Declaration on the Rights of Indigenous Peoples. The IBSW program offers vital support to Indigenous women during childbirth, but it must be viewed in the context of ongoing colonialism and the need for reconciliation and decolonization, requiring genuine collaboration with Indigenous peoples.

The Bunya Project: Protocol for a Mixed-Methods Approach to Developing a Culturally Informed Curriculum

Indigenous peoples live across all continents, representing approximately 90 nations and cultures and 476 million people. There have long been clear statements about the rights of Indigenous peoples to self-determine services, policies, and resource allocations that affect our lives, particularly via the United Nations Declaration on the Rights of Indigenous Peoples. An area for urgent improvement is curricula that train the predominantly non-Indigenous health workforce about their responsibilities and that offer practical strategies to use when engaging with Indigenous peoples and issues. The Bunya Project is designed to advance Indigenous community-led teaching and evaluation of the embeddedness of strategies to achieve an Indigenous Graduate Attribute in Australia. The project centers the relationships with Aboriginal community services to lead education design relating to Indigenous peoples. The project aims to articulate community recommendations for university education in allied health in the usable format of digital stories to create culturally informed andragogy, curriculum, and assessment measures for use in teaching. It also aims to understand the impact of this work on student attitudes and knowledge about Indigenous peoples' allied health needs. Multilayered project governance was established, along with a 2-stage process using mixed methods participatory action research and critical reflection, using the reflective cycle by Gibbs. The first stage, preparing the soil, used community engagement, drew on lived experience, encouraged critical self-reflection, embodied reciprocity, and demanded working collectively. The second stage, planting the seed, requires more critical self-reflection, the development of community data through interviews and focus group discussions, the development of resources with an academic working group and community participants, the implementation of those resources with student feedback, the analysis of the feedback from students and community members, and reflection. The protocol for the first stage, preparing the soil, is complete. The results of the first stage are the relationships built and the trust earned and gained, and it has resulted in the development of the planting the seed protocol. As of February 2023, we have recruited 24 participants. We will analyze data shortly and expect to publish the results in 2024. The readiness of non-Indigenous staff to engage with Indigenous communities has not been ascertained by Universities Australia, nor can it be assured. Staff preparation and skills to support the curriculum, create a safe learning environment, and develop teaching and learning strategies to guide academics to recognize that how students learn is as important as the content students learn. This learning has broad implications and benefits for staff and students within their professional practice and for lifelong learning. DERR1-10.2196/39864.

Violence and human rights

The decisions taken by Jair Bolsonaro’s government since the first day of his mandate, in January 2019, have weakened the country’s environmental control policies and contributed to reduced inspection, increased deforestation on public lands and, consequently, the violation of the rights of indigenous peoples. There is a great diversity of contexts for isolated indigenous peoples in Brazil, from small groups to a single individual. These groups are the survivors of successive massacres and are threatened by the spread of disease, and for these reasons avoid contact with other agents at any cost. In addition to the need to ensure that their territories remain protected, the decision itself to live in isolation must be guaranteed in accordance with the already established instruments, including the United Nations Declaration on the Rights of Indigenous Peoples and Convention No. 169 of the International Labor Organization (ILO). Despite the traumatic history of contact, Brazil is the country with the largest number of isolated indigenous peoples in South America, as well as has the oldest public policy in terms of guaranteeing the rights of these peoples to self-determination. The measures presented in this article substantially undermine the protection of the rights of isolated indigenous peoples and obstruct the possibility of advancing or enforcing human rights which are internationally recognised and provided for in domestic law.