Kategoria BISAC: Law >> Indigenous Peoples

Miller explains how politics, economics,...

"The Pukara of Quitor: An Indigenous Self-Determination Case Study" tells the story of the Indigenous Atacameno Community of Quitor and their efforts to regain control over an ancient and impressive piece of cultural property, the Pukara of Quitor-a large stone fortress located in the Atacama Desert of Chile. The Atacameno Community of Quitor has existed in essentially the same region of Chile for thousands of years, but after European contact, and particularly after tourism began near the end of the 20th century, their world changed dramatically. The Community began to see its cultural...

This book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia,...

In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality ? that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and...

In 1989, The National Museum of the American Indian Act (NMAIA) was successfully passed after a long and intense struggle. One year later, the Native American Graves Protection and Repatriation Act (NAGPRA) followed. These federal repatriation statutes--arguably some of the most important laws in the history of anthropology, museology, and American Indian rights--enabled Native Americans to reclaim human remains, funerary objects, sacred objects, and objects of cultural patrimony.

Twenty years later, the controversy instigated by the creation of NMAIA and NAGPRA continues to...

In many accounts of Native American history, treaties are synonymous with tragedy. From the beginnings of settlement, Europeans made and broke treaties, often exploiting Native American lack of alphabetic literacy to manipulate political negotiation. But while colonial dealings had devastating results for Native people, treaty making and breaking involved struggles more complex than any simple contest between invaders and victims. The early colonists were often compelled to negotiate on Indian terms, and treaties took a bewildering array of shapes ranging from rituals to gestures to...