Not surprisingly, Newcomb is concerned about language and the meanings behind words and concepts such as “autonomy” and “indigenous” and the ways they are deployed in international law to imply and reinforce relationships of domination. Of course his concerns are justified, and in principle I agree with him 100 percent. Where we part company, perhaps, is in our approaches to addressing those structures of domination he so aptly names. For me the question is: how do we as “indigenous” peoples negotiate our way within those very deeply entrenched and troubling structures to find workable solutions? To borrow a bureaucratic colloquialism, how do we find “work-arounds” to what sometimes appear to be insurmountable obstacles?
In a perfect world, states’ governments would wake up one day and having seen the error of their ways they would renounce those oppressive structures in the interest of following an altruistic, moral imperative to do right by indigenous peoples. We can all hope and even work for that. What he is saying needs to be said. But it seems to me that in reality we could be waiting a very long time, if it were to happen at all.
Would I like to see the doctrine of discovery repudiated and the entire regime of international and federal Indian law restructured to assume new, more just meanings and models relative to indigenous peoples? Yes. Is it possible that Indian nations can be restored to their pre-colonial levels of independence? In my opinion, that’s highly questionable and at this point maybe even undesirable for some nations, but it’s for each nation to decide for themselves.
We live in a different world now compared to our pre-contact ancestors. It is a world far more dependent on the quality of our political relationships. Like it or not we are swimming in the river of international relations as it exists, not as we wish it to be. From my perspective we must find ways to advance self-determination through the channels that are available—as imperfect as they may be—even while we imagine better paths. We can do both.
The fact is that the world of human relations is always evolving; it has never been static. Contrary to Steve’s Alice-in-Wonderland metaphor of “the illusion of moving from one state of being to another” the one thing we can count on is change. This is the core of the idea of political development.
Right now an available channel for indigenous political advancement is UNDRIP, written with the language of self-determination and autonomy. It stresses the ability of “indigenous peoples” (and I would argue indigenous governments as political bodies accountable to their respective peoples) to “freely choose their political status.” Are the choices circumscribed by relationships of domination? Probably, yes. Is it possible for indigenous and state governments to come to new political arrangements with each other based on mutually agreed upon understandings of the meanings of autonomy and self-determination (and whatever else they deem necessary)? I think so...
Human rights and self-determination are hot issues as nations debate the application of the UN Declaration on the Rights of Indigenous Peoples: Is the Declaration a revolutionary challenge to the colonial system that dominates Indigenous peoples?...