Indigenous Rights as Tactics of Neoliberal Governance
| Date | 01 September 2014 |
| Published date | 01 September 2014 |
| DOI | 10.1177/0964663914524265 |
| Author | Marjo Lindroth |
| Subject Matter | Articles |
Article
Indigenous Rights as
Tactics of Neoliberal
Governance: Practices
of Expertise in the
United Nations
Marjo Lindroth
University of Lapland, Finland
Abstract
Indigenous rights are being increasingly recognised globally. This article argues that
this recognition does not reflect radically changed positions on the part of states and
other actors but rather a development indicating the cost-effective operation of
neoliberal governance. The biopolitical aspect of that governance regulates the life
of indigenous populations as collectivities, with rights used tactically in this process.
The material for this article consists of reports of the United Nations special rap-
porteur on the rights of indigenous peoples. The approach of governmentality is
used to study how the rapporteur’s expert interpretations make indigenous peoples
governable in particular ways, that is, through specific practices of power. The
research identifies three such practices bearing on indigenous rights: indigenous
peoples as exceptional – the necessity to intervene; indigenous rights – uncertain
and calculated and indigenous peoples as claimants – the right to remedies. Exper-
tise and legality function to depoliticise the language of indigenous rights, with states
and other actors seemingly governing indigenous peoples less, yet, in recognising
their rights, governing them more cost-effectively. These power effects go beyond
the stated aims of safeguarding indigenous peoples and should be considered when
indigenous rights are negotiated.
Corresponding author:
Marjo Lindroth, Faculty of Law, University of Lapland, P.O. Box 122, 96101 Rovaniemi, Finland.
Email: marjo.lindroth@ulapland.fi
Social & Legal Studies
2014, Vol. 23(3) 341–360
ªThe Author(s) 2014
Reprints and permission:
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DOI: 10.1177/0964663914524265
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Keywords
Biopolitics, indigenous peoples, neoliberal governance, rights, UN special rapporteur on
the rights of indigenous peoples
Introduction
Recent developments in international law indicate that the United Nations (UN) and its
member states have become responsive to indigenous peoples and their demands. In
2007, the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) was finally
adopted by the General Assembly (GA) after years of negotiation. Subsequently, even
states with large indigenous populations that had not initially endorsed the UNDRIP fol-
lowed suit (Australia, Canada, New Zealand and the United States).
International law has a significant role to play in the promotion of indigenous peo-
ples’ causes. The language of rights conveys a message that indigenous peoples are sub-
jects who have rights and entitlements as well as possibilities for redress from states.
International law does not have a law-enforcing body, but once indigenous rights are
adopted, as in the UNDRIP, for example, states and other actors such as corporations
have a responsibility to respect those rights (Ruggie, 2008). Clearly, it is hard to disagree
with any assertion that indigenous peoples face exceptionally difficult political, environ-
mental and economic circumstances, that their rights to their lands should be clarified
and that they should be compensated when their rights have been violated. However, the
indigenous rights discourse in international law has power effects that go beyond its
stated aims.
Whilst the exercise of rights by indigenous peoples is understood in the liberal inter-
national relations and international law tradition to mean a counterbalance to and check
on state power, I view the rights of indigenous peoples and the corresponding duties of
states and other actors as inscribed in rationalities of governance, in practices of (neolib-
eral) power. For the purposes of this article, I understand neoliberalism as a rationality of
governance that is pervaded by the market logic of cost-effectiveness (see also, e.g.
Larner, 2000; Lemke, 2002). Although promoting the rights of indigenous peoples and
furthering the neoliberal market logic are often conflicting ambitions, the two can be
compatible. What this compatibility reflects is not a radical change in states’ positions
on the rights of indigenous peoples but how the neoliberal rationality draws on a lex-
icon of ‘good governance’ (Hindess, 2004; Larner and Walters, 2004) in recognising
the rights of indigenous peoples. The biopolitical aspect of neoliberal governance aims
at regulating and improving the life of indigenous populations as collectivities. Biopo-
litical interventions are legitimated by expert knowledge that translates indigenous
populations into objects of governance (Ojakangas, 2005; Oksala, 2010).
The material for this article consists of reports by the special rapporteur on the rights
of indigenous peoples (SRIP). This office is mandated by the UN Human Rights Council
(HRC) and held by an expert on indigenous issues. Earlier research on the rights of indi-
genous peoples has focused mainly on the development and implementation of the rights
(e.g. Anaya, 2004; Joona, 2012; Keal, 2003; Larson, 2007; Lawlor, 2003; Morgan, 2011;
Xanthaki, 2008). My purpose is not to study these processes or how the SRIP furthers the
342 Social & Legal Studies 23(3)
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