Self-Determination and Indigenous Women's Rights at the Intersection of International Human Rights

Abstract

In spite of the fast-growing literature on indigenous peoples and self-determination, there is a striking absence of research into the gendered processes and effects of indigenous self-determination or, more generally, indigenous women and self-determination. This article examines the interconnections between indigenous self-determination and indigenous women's rights with a particular focus on the question of violence against women. It contends that for indigenous self-determination to be successful it must also address the question of violence against indigenous women. The article argues for a specific human rights framework that simultaneously accounts for indigenous self-determination and human rights violations of indigenous women.

Rights and Role of Indigenous Women in Climate Change Regime

“…77 Tension between the indigenous movement and the international women's rights movement is located in the international women's movement's "overemphasis on gender discrimination and gender equality which depoliticizes issues confronting indigenous women" and lack of recognition of the special circumstances of indigenous women. 78 This is reflected in indigenous women's criticism of the Beijing Platform for Action (1995).…”

“…79 For instance, as Rauna Kuokkanen reminds us, the systemic violation of indigenous women's rights puts indigenous collective rights at risk, as well. 80 Since the adoption of the UNDRIP in 2007, concerns relating to indigenous women are increasingly prominent. CEDAW, on the one hand, does not refer to indigenous women or contain a provision for prohibiting racial discrimination.…”

“…As Kuokkanen argues, the conception of indigenous peoples' rights as human rights, on the one hand, and as both individual and collective rights, on the other, exposes the double-standard in domestic politicized rhetoric that opposes indigenous women's rights as individualistic and in conflict with collective rights. 88 Particular difficulties arise in reconciling UNDRIP provisions prohibiting discrimination with those relating to self-determination. Some, in turn, argue that inherent collective rights can lead to the oppression of individual indigenous rights.…”

“…93 Tensions between indigenous and women's rights have arisen when "indigenous women advocating their rights have been repeatedly accused of being disloyal to their communities, corrupted by 'Western feminists,' and of introducing alien concepts and thinking to indigenous communities and practices." 94 In a Canadian context, some indigenous women mobilized to advance their human, civil, and political rights in the 1970s to end gender discrimination and violence in their communities. This led to the creation of numerous local, reserve-based groups and national organizations.…”

“…This led to the creation of numerous local, reserve-based groups and national organizations. 95 However, their mobilization was poorly received by indigenous male leadership, criticized for being "anti-Indian" and a betrayal of self-determination, as well as being co-opted into "colonial Western discourses of individualism." 96 Similar cases often arise in the context of deforestation, where gender inequality continues in forest management despite long-standing conventions, treaties, and other instruments.…”