What About The Fourth World "Self"?

Amerindian Cosmovision Against Eurocentric Self-Determination

Authors

  • Natália Medina Araújo Universidade Federal do Oeste da Bahia
  • Tatiana Squeff Universidade Federal de Uberlândia
  • Bianca Guimarães Silva Universidade de Brasília

DOI:

https://doi.org/10.22456/2317-8558.128819

Abstract

This paper aims at engaging with Baxi’s article “The Dust of Empire: the Dialectic of Self-Determination and Re-colonization in the First Phase of the Cold War” by arguing that self-determination, as defined during the Cold War, does not include indigenous peoples Cosmovision. Considering that Amerindians were not part of the economic pattern imposed to the Third World during that period, the “self” in the eurocentric lens of self-determination excludes indigenous peoples’ selves and condemns them to being silenced, excluded, or extinct, that is, permanent victims of epistemicide. This paper uses a deductive method based on a bibliographic analysis to discuss the topic through perspectivism, as well as the Fourth-World Approaches to International Law (FWAIL). On the one hand, perspectivism emphasizes the spiritual relationship between indigenous people and nature, which is part of the amerindian cosmovision. FWAIL scholars, on the other hand, argue that international law fails to recognize indigenous peoples’ true collective selves, perpetuating the denial of their rights through the appropriation of their resources, territory and bodies. In this sense, through a critical analysis, it is advanced that such universal view put forward by global north during the Cold War is not only incapable of dealing with the cultural differences that self-determination, seen through the Amerindian cosmovision, implies, but also the reason why they are recurring victims of violations of rights. ILO convention no. 107, the Brazilian legal framework and the country’s recurring excluding actions are examples of it. At the end, it is suggested that proper attention given to the indigenous “self” seems to be a better way to contribute thoroughly to a true collective self-determination debate.

KEYWORDS: Self-determination; Cosmovision; Amerindian; Fourth World Approaches to International Law (FWAIL).

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Author Biographies

Natália Medina Araújo, Universidade Federal do Oeste da Bahia

Doctor and Master in Law from the University of Brasília (UnB). Professor of Law at the Federal University of West Bahia (UFOB). Professor of the Postgraduate Program in Human and Social Sciences at the Federal University of West Bahia (PPGCHS/UFOB). Member of the Research Groups Critique and International Law (UnB) and Marginals: Interdisciplinary Research Group on Minorities and Exclusions (UFOB). Main practice areas: International Law, Legal History, Migration Law, Refugee Law and Human Rights. E-mail: natalia.araujo@ufob.edu.br.

Tatiana Squeff, Universidade Federal de Uberlândia

Post-Graduate and Graduate Professor of International Law at the Federal University of Uberlândia (UFU). Brazilian expert appointed by the Ministry of Justice/Senacon to the Hague Conference on Private International Law (HCCH) on the “tourist project”. She holds a PhD in International Law from the Federal University of Rio Grande do Sul (UFRGS), with a study period at the University of Ottawa, an LLM in public law from the University of Vale do Rio dos Sinos (UNISINOS), with capes scholarship and a study period at the University of Toronto, with DFAIT scholarship. Email: tatiafrcardoso@gmail.com. ORCID: http://orcid.org/0000-0001-9912-9047

Bianca Guimarães Silva, Universidade de Brasília

MA Candidate (University of Brasília Law School). Email: biancaguimaraes18@hotmail.com

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Published

2022-12-13

How to Cite

Medina Araújo, N., Cardoso Squeff , T., & Guimarães Silva, B. (2022). What About The Fourth World "Self"? Amerindian Cosmovision Against Eurocentric Self-Determination. Cadernos Do Programa De Pós-Graduação Em Direito – PPGDir. UFRGS, 17, 88–105. https://doi.org/10.22456/2317-8558.128819