This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.

In this new edition of this best selling text, interdisciplinary feminist experts from around the world provide new analyses of the ongoing relationship between gender and neoliberal globalization under the new imperialism in the post-9/11 context. Divided into Sightings, Sites and Resistances, this book examines: the disciplining politics of race, sexuality and modernity under securitized globalization, including case studies on domestic workers in Hong Kong heteronormative development policies and responses to the crisis of social reproduction and colonizing responses to AIDS in sub-Saharan Africa migration, human rights and citizenship, including studies on remittances, the emergence of neoliberal subjectivities among rural Mexican women, Filipina migrant workers and women’s labor organizing in the Middle East and North Africa feminist resistance, incorporating the latest scholarship on transnational feminism and feminist critical globalization movement activism, including case studies on men’s violence on the Mexico/US border, pan-indigenous women’s movements and cyberfeminism. Providing a coherent and challenging approach to the issues of gender and the processes of globalization in the new millennium, this important text will be of interest to students and scholars of IPE, international relations, economics, development and gender studies.

The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm.

This book is a foundational interdisciplinary volume on children's rights that is relevant to scholars, practitioners, and students with an interest in children's rights, human rights, family law, and related topics. With contributions from leading experts in the field of children's rights, this book provides both in-depth analysis of children's rights as a discipline, and maps the critical issues for advancing children's rights today and in the future.

Nowadays, rights are frequently ascribed to groups distinguished by their nationality, culture, religion or language. Rights are also commonly ascribed to institutionalised groups, such as states, businesses, trade unions and private associations. Yet the ascription of rights to groups remains deeply controversial. Many people reject the very idea of group rights. Amongst those who do not, there is radical disagreement about which sorts of group might possess rights and why. Some believe that group rights threaten the freedom and well-being of individuals, while others argue that the rights of groups can complement them. Some claim that group rights can also be human rights; others find that claim incoherent. The contributions making up this volume wrestle with these and many other of the issues that surround group rights. This volume brings together twenty-four of the journal articles that have contributed most significantly to contemporary thinking on group rights.

This book investigates whether and how reconciliation in Australia and other settler colonial societies might connect to the attitudes of non-Indigenous people in ways that promote a deeper engagement with Indigenous needs and aspirations. It explores concepts and practices of reconciliation, considering the structural and attitudinal limits to such efforts in settler colonial countries. Bringing together contributions by the world’s leading experts on settler colonialism and the politics of reconciliation, it complements current research approaches to the problems of responsibility and engagement between Aboriginal and non-Aboriginal peoples.

The Routledge Handbook of Law and the Anthropocene provides a critical survey into the function of law and governance during a time when humans have the power to impact the Earth system. The Anthropocene is a “crisis of the earth system.” This book addresses its implications for law and legal thinking in the twenty-first century. Unpacking the challenges of the Anthropocene for advocates of ecological law and politics, this handbook pursues a range of approaches to the scientific fact of anthropocentrism, with contributions from lawyers, philosophers, geographers, and environmental and political scientists. Rather than adopting a hubristic normativity, the contributors engage methods, concepts, and legal instruments in a way that underscores the importance of humility and an expansive ethical worldview. Contributors to this volume are leading scholars and future leaders in the field. Rather than upholding orthodoxy, the handbook also problematizes received wisdom and is grounded in the conviction that the ideas we have inherited from the Holocene must all be open to question. Engaging such issues as the Capitalocene, Gaia theory, the rights of nature, posthumanism, the commons, geoengineering, and civil disobedience, this handbook will be of enormous interest to academics, students, and others with interests in ecological law and the current environmental crisis.

Inclusive Leadership speaks to the human side of organization and communities. Both practitioners and academics provide insights that broaden our traditional view of diversity issues into a perspective focused on better understanding the theory and practice of inclusive leadership.

Conflict in its various manifestations continues to be a defining feature in many places throughout the world. In an attempt to address such conflict, various forms of a Truth and Reconciliation Commission (TRC) have been introduced to facilitate the transition from social conflict to a new dispensation. The introduction and subsequent proceedings of TRCs in South Africa, Canada and Norway are widely regarded as good examples of this approach. Against this background, a number of researchers from VID Specialized University and the University of the Western Cape had an exploratory meeting in Oslo in 2018 where the possibility for a joint research project under the broad theme of ‘discourses on reconciliation’ was first discussed. This led to two further research symposia in Cape Town and Tromsø in 2019. With the inclusion of specialists working on the Canadian Truth and Reconciliation process, these meetings demonstrated common ground and a shared understanding of the issues at stake. Moreover, it pointed to the differences between the South African, Canadian and Norwegian Commissions. In comparing the South African, Canadian and Norwegian experiences, researchers identified that these countries were, in fact, at different stages of their respective truth and reconciliation processes. This has prompted scholars to revisit and problematise these processes in relation to ongoing societal challenges. In all cases, it is quite apparent that reconciliation between individuals and groups remains a significant challenge.

Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to “civilize and Christianize” Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools’ former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission’s final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada’s Residential Schools: Reconciliation documents the complexities, challenges, and possibilities of reconciliation by presenting the findings of public testimonies from residential school Survivors and others who participated in the TRC’s national events and community hearings. For many Aboriginal people, reconciliation is foremost about healing families and communities, and revitalizing Indigenous cultures, languages, spirituality, laws, and governance systems. For governments, building a respectful relationship involves dismantling a centuries-old political and bureaucratic culture in which, all too often, policies and programs are still based on failed notions of assimilation. For churches, demonstrating long-term commitment to reconciliation requires atoning for harmful actions in the residential schools, respecting Indigenous spirituality, and supporting Indigenous peoples’ struggles for justice and equity. Schools must teach Canadian history in ways that foster mutual respect, empathy, and engagement. All Canadian children and youth deserve to know what happened in the residential schools and to appreciate the rich history and collective knowledge of Indigenous peoples. This volume also emphasizes the important role of public memory in the reconciliation process, as well as the role of Canadian society, including the corporate and non-profit sectors, the media, and the sports community in reconciliation. The Commission urges Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples as a framework for reconciliation. While Aboriginal peoples are victims of violence and discrimination, they are also holders of Treaty, Aboriginal, and human rights and have a critical role to play in reconciliation. All Canadians must understand how traditional First Nations, Inuit, and Métis approaches to resolving conflict, repairing harm, and restoring relationships can inform the reconciliation process. The TRC’s calls to action identify the concrete steps that must be taken to ensure that our children and grandchildren can live together in dignity, peace, and prosperity on these lands we now share.