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Discussion on the special theme for the year: “The Doctrine of Discovery: its enduring impact on indigenous peoples and the right to redress for past conquests (articles 28 and 37 of the United Nations Declaration on the Rights of Indigenous Peoples)”.
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Resistance: An Indigenous Response to Neoliberalism is a collection of papers from Maori academics, activists and leaders on the connection between global practices of neoliberalism and the diverse forms of Maori resistance that aim to destablize them.Aotearoa is one of the world leaders of neoliberalism. Successive New Zealand governments since 1984 have pursued neoliberal policies with a faith, vehemence and confidence in their success that few other governments appear to possess.At a time when 'capital flows across borders as it has never done before, and multinational companies have bigger budgets than many states have ever had', this book encourages people to look more closely at Maori views as integral and inspiring in a globalizing world.Resistance: An Indigenous Response to Neoliberalism is edited by Maria Bargh. The other contributors are Claire Charters, Moana Jackson, Bridget Robson, Cherryl Smith, Maui Solomon, Alice Te Punga Somerville, Annette Sykes and Teanau Tuiono.
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In 2010 Indigenous peoples' rights continued to feature in discussions in a variety of international fora. Indigenous peoples' traditional knowledge (TK) associated with genetic resources (GR) were discussed under the Convention on Biological Diversity (CBD); under the auspices of the World Intellectual Property Office (WIPO) and within the World Trade Office (WTO). The United Nations (UN) General Assembly's Declaration on the Rights of Indigenous Peoples (Indigenous Peoples' Declaration) featured in debate under the UN Framework Convention on Climate Change (UNFCCC); the UN General Assembly's Third Committee; the work of the UN mechanisms with a specific mandate concerning Indigenous peoples; and, in a landmark ruling of the African Commission on Human and People's Rights (African Commission), was adopted by the African Union. International human rights monitoring bodies also advanced their jurisprudence on the rights of Indigenous peoples.
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This paper defends the legitimacy-positive impact of a "contextual-participation approach" to indigenous peoples' participation in international law-making. It argues that indigenous peoples' participation should be substantial where the issue being negotiated at the international level is of considerable interest to indigenous peoples and indigenous peoples have not consented to state representation. The "contextual-participation approach" to indigenous peoples' participation realises the justice in indigenous peoples' claims to remedial efforts to recognise their, mostly lost and historical, sovereignty, and to contemporary and evolving legal, and largely democratic, understandings of self-determination, as expressed, for example, in the UN Declaration on the Rights of Indigenous Peoples. At the same time, it balances indigenous peoples' self-determination entitlements to full participation in international law making, as unjustifiably excluded sovereigns, with contemporary political realities.
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