Alexandra Xanthaki

Multiculturalism and international law: Discussing universal standards

This article aims to assess the contribution of current international human rights law to the multicultural debate. The article argues that although international law has not engaged in a sustained way with the concept, the basic elements of multiculturalism are in fact promoted by current standards. Among these discussed are the recognition of cultural attachments in the public sphere, the need for interaction among cultures, and the understanding of sub-national groups as equal partners in the evolution of the society. A closer look at the standards and their dynamic interpretation by UN bodies also reveals helpful answers to difficult challenges currently posed by multiculturalism, including extremism and clashes between cultural practices and other human rights.

Indigenous Rights in the Russian Federation: The Rights Case of Numerically Small Peoples of the Russian North, Siberia, and Far East

There has been very little research on the rights of numerically small peoples of the North, Siberia, and Far East of the Russian Federation. Even though legislation has recently passed that improves their legal rights and notwithstanding the respect for indigenous cultures, the article reveals a considerable gap between general relevant standards of international law and the real situation of these peoples. Ultimate lack of political will and focus on national economic development maintain discriminatory patterns, discourage any real participation of these communities in decisions that affect them, prolong the violations against their land rights and ultimately endanger their survival.

Indigenous Participation in Elective Bodies: The Maori in New Zealand

The article argues that Maori political participation in New Zealand constitutes a positive example of how the current international standards on indigenous political participation can be implemented at the national level. Notwithstanding the weaknesses of the system and the challenges laying ahead, the combination of the Mixed Member Proportional electoral system, dedicated Maori seats and the establishment of the Maori Party have ensured a Maori voice in Parliament and have broadened the possibilities of effective indigenous participation in the political life of the state. Such state practice that implements the 2007 UN Declaration on the Rights of Indigenous Peoples firmly confirms the position of the Declaration within current international law.

Against integration, for human rights

Discussions on the refugee and migration European crisis have once again focussed on integration as a positive policy that enhances social cohesion. This article argues that the blanket endorsement of integration is wrong and its benefits overstated. The article goes against the prevailing belief by both states and international human rights bodies that ‘integration’ contributes to the realisation of human rights and to social cohesion. It puts forward the proposition that integration of new and old migrants has been used amply to dilute the protection they enjoy under international human rights law. The article identifies five ways in which the integration narrative and policies limit human rights and concludes that the current application of integration at the international level dilutes human rights protection.

Indigenous Peoples' Cultural Heritage

Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.

Indigenous peoples' Customary Laws, Sámi People and Sacred Sites

Although recognized both in the ILO Convention No169 and in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the right of indigenous peoples to maintain their customary laws and systems continues to be a rather unexplored issue in legal literature. Until recently, customary laws of indigenous peoples have mainly been explored by social anthropologists (e.g., Bennet 2006), while largely legal experts still mainly focused on written and codified ‘positive’ law (however, see Weisbrot 1981: 3–4). The recognition of such laws though is really important for indigenous peoples. Embedded in the culture and values of indigenous communities, indigenous customary laws are an intrinsic and central part of their way of life and their identity. They define rights and responsibilities relating to key aspects of their cultures and world views, and guide indigenous communities on a wide range of issues; from the conduct of spiritual life, to land, and to use of and access to resources. Maintaining customary laws can be crucial for the maintenance of the cultural heritage and knowledge systems of indigenous peoples. Indigenous communities all around the world have steadily argued that any legal regime for the protection of their knowledge must be grounded in their own customary laws and practices.