Indigenous Peoples, Consent and Rights : Troubling Subjects.

Format:

Book

Author/Creator:

Young, Stephen.

Series:

Indigenous peoples and the law (Routledge (Firm))

Indigenous Peoples and the Law Series

Language:

English

Subjects (All):

Indigenous peoples--Civil rights.

Indigenous peoples.

Physical Description:

1 online resource (277 pages).

Edition:

1st ed.

Place of Publication:

Milton : Routledge, 2019.

Summary:

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples' consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations(NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law - but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples' rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples' rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

Contents:

Cover

Half Title

Series Page

Title Page

Copyright Page

Dedication

Table of Contents

Acknowledgements

List of abbreviations

Introduction

1. Troubling subjects

Style and method

Foucault's frameworks

The disciplinary effects of legal models and its subjects

Peoples and populations, subjects and objects

Butler's forms

Performative utterances, performative subjectivities

Towards emergence

2. The emergence and naturalization of Indigenous peoples in international legal discourse

1950-1960: the background of international legal discourse

1970-1988: from Indigenous populations to Indigenous peoples

1989-1995: law, development and democratization

1995 and after: legal changes and changing discourse

The natural subject and its legal object

3. Defining performances: The problems and promise of FPIC

UNDRIP's weaknesses

FPIC's promise: a legal model of FPIC

Interrogating the legal model of FPIC

Considering how subjects claim FPIC

4. FPIC as national legislation: The Philippines, the B'laan and the Tampakan Mine

A brief history of the Philippines

The Mining Act and the IPRA

The Tampakan Copper-Gold Project v the B'laan

Criticism of FPIC in the Philippines

5. FPIC as international human rights law: Australia, the Wangan and Jagalingou, and the Carmichael Mine

The history and formation of Australia and its native title regime

Future acts procedural processes for conflict resolution

The Carmichael mine and the Family Council

Thoughts about FPIC in Australia

6.FPIC as regional human rights law: The Inter-American Court of Human Rights and Indigenous peoples

Background on the Inter-American Human Rights System

Awas Tingni v Nicaragua (2001).

Saramaka People v Suriname (2007)

Kaliña and Lokono v Suriname (2015)

Final thoughts, moving forward?

7. The legal performativity of FPIC

A legal performative analysis of FPIC claims

Some troubles of performing rights claiming

8. Insurrectionary ends?

An insurrectionary potential, somewhere, somehow

Performative limits, unlimited troubles, temporary ends

Bibliography

Index.

Notes:

Description based upon print version of record.

Includes bibliographical references.

Description based on print version record.

ISBN:

1-000-75225-9

0-429-33077-4

9780429330773

OCLC:

1128719836