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Indigeneity: the Politics and Ethics of a Concept Claire Victoria Timperley

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Indigeneity: the Politics and Ethics of a Concept Claire Victoria Timperley Indigeneity: The Politics and Ethics of a Concept Claire Victoria Timperley Wellington, New Zealand BA (Hons), Victoria University of Wellington, 2005 MSc, London School of Economics and Political Science, 2009 A Dissertation Presented to the Graduate Faculty of the University of Virginia in Candidacy for the Degree of Doctor of Philosophy Woodrow Wilson Department of Politics University of Virginia May 2015 i Abstract Globally, indigenous groups have sought protections that are related to their indigenous, as distinct from simply minority, status. As recognition of a concept of indigenous rights has grown, some of these groups have received some of those protections. Efforts to reduce disparities between indigenous and non-indigenous populations through local, national and international fora have, however, achieved limited success. I suggest that one hindrance to success is a failure to address the role that conceptions of indigeneity play in shaping discourse that advances or minimizes indigenous rights. In this dissertation I argue that political discourse around indigenous peoples in New Zealand and Australia limits recognition of, and redress for, past and present injustices. Moreover, I suggest that liberal accounts of historic injustice inadequately address indigenous grievances, as they fail to consider the ways that indigeneity, in and of itself, might affect entitlements. Insufficient consideration of how conceptions of indigeneity function, or the ethical demands they might generate, means that these accounts do not accurately identify who is affected by past injustices and therefore deserving of redress, or the ways in which these definitions shape the kinds of privileges and resources that should be extended to indigenous individuals or groups. In response to this failure, I elucidate and advocate for a theory of ‘nonidentity’ thinking as a means of conceptualizing indigeneity. Nonidentity thinking challenges assumptions that individual or institutional portrayals of ideas or objects capture them in their entirety. It relies on constellations of concepts and historical processes to better understand what any particular concept might entail. Thinking in this way does not produce a definitive interpretation of any one concept; instead, it specifies a process to critically engage with discursive and legal norms to resist the hegemony of a set of ideas and practices. I argue that this approach might improve theories of historic injustice by attending more carefully to the ways that concepts of indigeneity are used to determine who receives recognition for unjust treatment and what that recognition entails. In addition, I suggest that nonidentity thinking is a promising resource through which to approach conceptions of indigeneity because it encourages reflection on the situated nature of indigenous claims and the relative weight given to indigenous or non-indigenous voices in any given context. ii Table of Contents Abstract ........................................................................................................................................... i Table of Contents .......................................................................................................................... ii Acknowledgements ...................................................................................................................... iv Introduction ................................................................................................................................... 1 1. Why conceptions of indigeneity? ............................................................................................ 1 2. Chapter outline ........................................................................................................................ 6 3. A note on methodology ........................................................................................................... 9 Chapter 1: Global Conceptions of Indigeneity ......................................................................... 12 1.1 What is indigeneity? Global definitions ............................................................................. 14 1.2 Criterial definitions ............................................................................................................. 24 1.3 Relational definitions .......................................................................................................... 30 1.4 Historical injustice and indigeneity .................................................................................... 35 Chapter 2: Changing Conceptions of Indigeneity in New Zealand—Implications for Justice ....................................................................................................................................................... 44 2.1 The Treaty of Waitangi and race relations in New Zealand ............................................... 48 2.2 Indigeneity in New Zealand: Treaty settlements, political participation, international influences .................................................................................................................................. 55 2.2.1 Treaty fisheries settlements .......................................................................................... 55 2.2.2 Political representation: needs-based v. race-based policies ..................................... 62 2.2.3 International references and influences ....................................................................... 70 2.3 Normative implications of complex and changing definitions of indigeneity .................... 77 2.3.1 Who should get compensation for historical injustices? ............................................. 80 2.3.2 Should indigenous status grant ‘special’ rights?......................................................... 86 2.3.3 What is the best configuration of political representation for Māori? ........................ 88 2.4 Conclusion .......................................................................................................................... 90 Chapter 3: Policing the Boundaries of Indigeneity in Australian Land Claims ................... 93 3.1 Indigenous politics in Australia .......................................................................................... 94 3.1.1 The Aboriginal Land Rights (Northern Territory) Act 1976 ....................................... 99 3.1.2 Eddie Mabo v. The State of Queensland .................................................................... 101 3.1.3 The Native Title Act 1993 .......................................................................................... 102 3.2 Key problems with definitions of indigeneity in Australian law ...................................... 105 3.2.1 The problem of evidence ............................................................................................ 105 iii 3.2.2 The problem of authenticity ....................................................................................... 109 3.2.3 The problem of character ........................................................................................... 111 3.2.4 The problem of articulation ....................................................................................... 114 3.2.5 The problem of legitimacy ......................................................................................... 117 3.3 Changing the narrative on indigeneity claims in Australia ............................................... 121 3.4 Conclusion ........................................................................................................................ 128 Chapter 4: Constellations of Indigeneity ................................................................................ 131 4.1 Limitations of conceptions of indigeneity in New Zealand and Australia ....................... 134 4.2 A non-identical approach to conceptions of indigeneity .................................................. 137 4.2.1 What is nonidentity? .................................................................................................. 137 4.2.2 How might nonidentity be useful for thinking about indigeneity? ............................. 142 4.3 Kaupapa Māori as non-identical indigeneity .................................................................... 145 4.4 Challenges to nonidentity thinking ................................................................................... 152 Conclusion ................................................................................................................................. 157 Bibliography .............................................................................................................................. 164 iv Acknowledgements This dissertation would not have been possible without the support of a large community of friends, mentors and family. In particular, I would like to thank my committee chair, Lawrie Balfour, for her insightful, constructive comments and constant encouragement. She has been incredibly generous with her time and support. I would like to thank my committee members— Jen Rubenstein, Denise Walsh and Colin Bird—who have also been immensely generous with their time and talents, offering exceptional support, critique and mentorship. I would also like to express my appreciation to Jeff Olick for his insightful comments at the January 2014 Political Theory colloquium and for giving his time to serve on my committee. The Political Theory community
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