• 5.3: Communities and Justice

      • 5.3.1: Self-determination and Sovereignty

        • United Nations: "Declaration on the Rights of Indigenous Peoples" URL

          Read this document. The Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007, is a non-binding legal document that took over two decades to draft. The declaration is a human rights document addressing the rights of indigenous individuals and peoples. It is important to note that this document, while concerned with indigenous peoples, is a legal agreement created by states. The lengthy process of drafting and adopting the declaration stems from the states' concerns over the right to self-determination and control over natural resources on indigenous lands. Carefully read the provisions contained in this declaration. Do you discern any obvious tensions between individual and collective rights contained therein? In what ways does this declaration contribute to global justice, if at all? 

        • European Journal of International Law: Karen Engle's "On Fragile Architecture: The UN Declaration on the Rights of Indigenous Peoples in the Context of Human Rights" URL

          Read Engle's analysis of the Declaration on the Rights of Indigenous Peoples. She acknowledges the overall progress made in including collective rights in the international human rights discourse but laments the declaration's continued penchant for individual rights. Why do states seem to be so uneasy with the notion of collective human rights in general and collective human rights as applied to indigenous peoples?

      • 5.3.2: Genocide

        • Office of the United Nations High Commissioner of Human Rights: "Convention on the Prevention and Punishment of the Crime of Genocide" URL

          Read the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). This legally binding document is the first human rights instrument to be passed within the United Nations framework in the post-WWII era (December 9, 1948). Pay very close attention to Article 2 of the convention; it addresses the actual crime of genocide. There are several dilemmas in terms of defining genocide in general and with Article 2 in particular. For instance, what constitutes a 'group?' How do we measure 'in whole or in part?' How is 'intent' determined?

        • Adam Jones's "Genocide: A Comprehensive Introduction, Chapter 1: The Origins of Genocide" URL

          Read this chapter for an in-depth exploration of the concept and practice of genocide. In addition to providing an historical overview of genocide, Jones analyzes the definitional dilemmas associated with the concept and the Genocide Convention. After carefully reading this material, consider the relationship between genocide and justice. What are the various dimensions of this relationship?