Reparative self-determination is not revolutionary: Miranda Johnson, ‘Indigenizing Self-Determination at the United Nations: Reparative Progress in the Declaration on the Rights of Indigenous Peoples’, Journal of the History of International Law, 2020

22Dec20

Abstract: When the United Nations General Assembly passed the Declaration on the Rights of Indigenous Peoples in 2007, it introduced into the international legal lexicon a new dimension to the concept of self-determination. The declaration emphasizes indigenous peoples’ distinctive rights to land, culture, language, and collective identity. It does not propose political independence or sovereign statehood, instead insisting on indigenous peoples’ equal rights of citizenship within existing nation-states. The distinct dimension of self-determination that the declaration introduces is one that speaks of indigenous peoples’ particular colonial histories of dispossession and the restoration of their rights and identities in the present, but without disrupting the political continuity of the states that surround them. It is reparative rather than revolutionary. In this article, I examine the construction and contestation of an indigenous right to self-determination both in relation to earlier definitions, and among and between the peoples and states who drafted the declaration.

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Settler colonialism is a global and transnational phenomenon, and as much a thing of the past as a thing of the present. Settlers 'come to stay': they are founders of political orders who carry with them a distinct sovereign capacity.
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Reparative self-determination is not revolutionary: Miranda Johnson, ‘Indigenizing Self-Determination at the United Nations: Reparative Progress in the Declaration on the Rights of Indigenous Peoples’, Journal of the History of International Law, 2020

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