Identity, Memory, Nationhood and Post-Colonial Society
Unit(s) of assessment: Law
School: Nottingham Law School
Legal systems, in common with all other social structures, metamorphosise and adapt in response to a changing world. A number of our researchers are exploring the relationship between law, and evolving understandings of identity, belonging and accountability. Their work encompasses a range of perspectives and levels, from the individual and community, right through to the national and international nation.
Tom Lewis has researched for many years in the fields of human rights and has a particular interest freedom of expression and freedom of religion or belief. In the course of his research he has explored the intersection of human rights law with such areas as: religious dress, symbol and rites, controversial art, political speech, broadcasting and democratic rights. http://llr.ntu.ac.uk/rpd/researchpublications.php?pubid=16d50eca-da10-4b56-b9b5-15fa2cb31d6d
Tom is currently working on the complex and fascinating relationship between human rights, history, and collective memory & identity, especially in respect of recent heated debates over statues and memorials dedicated to controversial figures from Britain’s past such as the slave trader Edward Colston and the colonialist Cecil Rhodes. In such ‘statue wars’ opposing battle lines tend to be drawn up between those who argue that it is unacceptable to tolerate such monuments in the public square versus those who argue that to remove them is to ‘censor our past’ and ‘lie about history’. Tom’s current work explores the question of whether, in the midst of such disputes, human rights law can help us to reach balanced resolutions:
‘The law should not protect public memorials to slave traders’ Legal Week, 10 February 2021. https://www.law.com/international-edition/2021/02/10/the-law-should-not-protect-public-memorials-to-slave-traders/?slreturn=20220704050033
‘Human Rights and Toppled Statues: Can the European Convention on Human Rights provide solutions to de-commemoration disputes?’ in Sarah Gensburger and Jenny Wustenberg (eds) De-Commemoration: Making Sense of Contemporary Calls for Tearing Down Statures and Renaming Places (Berghan Books 2021) (in press).
‘What to do with the Buried Giant? Collective Historical Memory and Identity in the Freedom of Expression Case Law of the European Court of Human Rights’ (co-authored with P. Cumper) in J. Marshall (ed) Personal Identity at the European Court of Human Rights (Routledge/Taylor and Francis, 2022). https://www.taylorfrancis.com/chapters/edit/10.4324/9781003154556-10/buried-giant-collective-historical-memory-identity-freedom-expression-case-law-european-court-human-rights-peter-cumper-tom-lewis
‘The UK’s ‘Statue Wars’: Can Human Rights Law Assist in their Resolution’ (2023) (2) Art, Antiquity and Law (forthcoming)
Gerard’s doctoral research focused primarily on international human rights law, with a focus on the rights of Indigenous Peoples. His research questioned the use of education systems as both tools of oppression and that for furthering the right to self-determination in the context of Indigenous Peoples. This research also crossed into issues of public international law and international criminal law and examined how States interact with Indigenous groups and questioned the legitimacy of cultural genocide as an international crime. The research drew on the experiences of the First Nations of Canada under the Canadian Residential School System and a more contemporary examination of the educational provision for Tribal children in French Guiana.
More recently, Gerard’s research now examines issues of climate justice and is examining instances of Solastalgia and Topophilia in the context of Island Peoples and how these terms could answer the question of environmental protections for vulnerable groups suffering most from climate change during the Anthropocene. Gerard’s current research projects include the writing of a Monograph titled ‘Education Systems: Denier or Facilitator of the Right to Self-Determination’ with Intersentia Publishing and an extended academic journal article for LAWS titled ‘Beyond Intent: Investigating Cultural Genocide of the Indigenous Peoples of French Guiana’. Gerard has previously published on issues such as: Cultural Genocide, Group Rights, Trauma and Memory and Climate Justice. He is currently the group convenor for the Development Studies Association of Ireland (DSAI) group on Climate and Development and is also on the Management Committee for an EU COST Action project investigating justice constellations in relation to atrocity crimes.
Maguire, Gerard “Human Erosion: Indigenous Peoples and Well-Being in the Anthropocene” (2020) Journal of Irish Studies in International Affairs https://muse.jhu.edu/article/810087
Maguire, Gerard “The Unacknowledged Genocide: The Guatemalan Mayan Quest for Justice” (2020) MURAL https://mural.maynoothuniversity.ie/13353/1/REF%2020.09.16%20G_Maguire_Article.pdf
Maguire, Gerard and Higgins, Noelle “Language, Indigenous Peoples, and the Right to Self-Determination” (2019) 31(2) New England Journal of Public Policy https://scholarworks.umb.edu/nejpp/vol31/iss2/8/
Maguire, Gerard “Cultural Genocide: A Legitimate Crime?” (2018) 10 Citizen's Rights Watch http://www.citizensrw.org/index.php/guest/pdfviewer/19
Maguire, Gerard “A Genocide by Any Other Name; Cultural Genocide in the Context of Indigenous Peoples and the Role of International Law” (2018) 4 Strathclyde Law Review https://www.strath.ac.uk/media/1newwebsite/departmentsubject/law/documents/studentlawreview/fourthedition/Maguire_(1).pdf
Maguire, G et al DSAI Podcast Series on Climate and Development https://www.dsaireland.org/resources/summer-school-podcast-e1-so-much-more-than-changes-in-the-we/
Link to special issue of LAWS for which I was the guest editor https://www.mdpi.com/journal/laws/special_issues/indigenous_rights
Questions around nationhood, culture, religion/belief and identity are recurring themes in Helen’s work. She has written widely on issues in Constitutional and human rights law, and her studies frequently drawn upon history and anthropology. Her first book Law, Religion and the Constitution: Balancing Beliefs in Britain(Routledge 2017) was co-authored with Prof Javier Garcia Oliva at the University of Manchester, and explored the treatment of religion within the UK Constitutional framework, and paid particular attention to the position of often unseen minority groups, such as Gaelic speaking and religiously conservative population of the Outer Hebrides.
In collaboration with the same colleague, Helen has recently completed a second book, due to be published by Toronto University Press in 2023, Constitutional Culture, Independence and Rights: Insights from Quebec, Scotland and Catalonia. As the title suggests, this volume addresses questions around identity, self-determination and the importance of Constitutions for individuals on the street.
Her current book project addresses Law and the Supernatural and focuses on the United Kingdom and North America, in both historical and contemporary times. The treatment of marginalised groups, alongside the impact of colonialism and slavery on topics such as magic, exorcism/possession, haunting and folk-medicine are fundamental questions in the discussion.
Alongside these monographs, Helen has written a number of articles which address themes of identity, belonging and rights within Constitutions. She is also interested in the development of Anglophone legal and political thought in the Early Modern Era, particularly with reference to justice, rights and sovereignty, against the backdrop of encounters with “New Worlds” both real and imagined. She has written on Margaret Cavendish’s The Blazing World, and the title of the board game which she developed with Tom Lewis and Javier Garcia Oliva is Brave New World, in reference to Shakespeare’s The Tempest.
In addition, Helen’s research covers freedom of religion and belief in Spain and Latin America, in particular in relation to exorcism. Within this field legal and societal attitudes towards indigenous culture, values and beliefs shapes official responses to practices, and the balance struck between respect for personal autonomy/religious freedom on the one hand, and the imperative to protect the vulnerable from exploitation and harm on the other.
Peoples and Sovereignty Constitutional Law Lessons from Greenland and Denmark Public Law (2020)-with J Garcia Oliva
The Phoenix and the Mockingbird: How Fantasy and Children’s Literature has Shaped the Recognition and Protection of Human Rights Journal of Rights and Justice 2021 (1)
Prof Jonathan Doak
Professor Jonathan Doak has a particular interest in the roles of memory and identity in context of the Northern Ireland peace process. Jonathan’s research has explored the role of the so-called ‘contact hypothesis’ in building public trust in the criminal justice system and the normative role of the State as an actor in conflict-resolution.
Dr Liz Curran has worked with Aboriginal organisations since 1992 as a lawyer, then researcher, policy advisor, and media commentator and recognises in her work the lineage of indigenous peoples that has shaped her work. Mindful of the fact that she is not indigenous, she always has indigenous or First Nation advisors on her projects (where there has not been funding for indigenous personnel). She uses a participatory approach in her research. This ensures her accountability, cultural appropriateness and that her processes are respectful, dignifying and trauma informed. For NTU, Liz is working on a research impact evaluation (2022-2025) of a health justice partnership in Australia: “Bagaraybang bagaraybang mayinygalang (BBM): Empowering & Alleviating: A Health Justice Partnership between the Human Riverina Community Legal Service and the Albury Wodonga Aboriginal Community-controlled Health Organisation (AWAHS) on social, health & emotional well-being"
Her recent NTU report on a seven-year longitudinal research provides data on implications and impacts of colonisation and poor inclusion of First Nations people in policy. It recommends engagement strategies to enable a voice to decision makers, parliament and in service delivery. See below:
Curran L (2022) ‘Going Deeper’ - The Invisible Hurdles Stage III Research Evaluation Final Report, Centre for Rights & Justice, Nottingham Law School & Curran Consulting: Enhancing Justice & Human Rights
Liz's recommendations were incorporated into the Productivity Commission Australia’s Indigenous Evaluation Framework. She has provided research and policy input on the long-term impacts of colonisation, the stolen generation, deaths in custody, over policing, correctional policy, child protection, family violence, land rights, healing and reparations, and participatory democracy over a sustained period. She has undertaken and research and provided policy advice and media comment on matters to do with Identify, nationhood and post -colonial society.
- ANU (as Hon Assoc. Prof Feb 2020 until Feb 2026)
- with Pamela Taylor-Barnett (June 2021) Pathways to empowerment and justice: The Invisible Hurdles Stage II Research and Evaluation Final Report Produced for the Hume Riverina Community Legal Service; Albury Wodonga Aboriginal Health Service; North East Support & Action for Youth & Wodonga Flexible Learning Centre, ANU.
- 'Overcoming the Invisible Hurdles to Justice for Young People: A Final Research and Evaluation Report of the Invisible Hurdles Project (Health Justice Partnership) with Pamela Taylor Barnett, November 2018. http://www.hrcls.org.au/wp-content/uploads/2018/11/DESIGNED_Full-final-Report_October_20181102.pdf
- ‘Its not easy walking in there: Towards Aboriginal Reconciliation’ Commission for Justice Development & Peace. (1999)
Conference Papers (recent)
‘Global Trends and Improvements in Applying Criminal Justice’, Northern Territory Judicial Local Court Conference, 9 August 2021.
Law Council of Australia, ‘Expert Research Adviser,’ on the National Access to Justice Research Project (February 2017- August 2018 – pro bono from December 2017). https://law.anu.edu.au/news-and-events/news/dr-liz-curran-expert-advisor-law-council%E2%80%99s-justice-project; https://www.lawcouncil.asn.au/files/web-pdf/Justice%20Project/Consultation%20Papers/Aboriginal%20and%20Torres%20Strait%20Islander%20Peoples.pdf
The Aboriginal Medical Legal Service (AMLS) based at Royal Prince Alfred Hospital (RPA) a partnership with Redfern Legal Centre (ongoing pro bono), advisory only. This was the first hospital based Medical Legal Partnership in NSW (An advisory role pro bono with the hospital evaluation team as limited funding).
Law Reform Submissions
- Submission to the Productivity Commission on Indigenous Evaluation Framework, July 2019
- Submission (written) to the Attorney General’s Department, on the Terms of Reference for the Australian Law Reform Commission (ALRC) inquiry into the over-representation of Indigenous Australians, 11 January 2017.
- Submission (written) Royal Commission into Child Detention Northern Territory, 6 January 2017.
- Submission to the Parliamentary Review of S 18C of the Racial Discrimination Act (for the Human Rights Working Group), 21 January 2017.
- Submission to the Senate’s ‘Inquiry into Justice Reinvestment’, 2013.
- 17 -23 November, 2018 Central Concern Uluru Statement from the Heart Indigenous Voice to Parliament, the Saturday Paper.
- 18-24 November 2017 ‘First Peoples Still Voiceless’ the Saturday Paper.
- 10 June 2017 ' Saturday Paper' discusses Indigenous & Constitutional and other recognition for First Nations People in Australia, https://www.pressreader.com/australia/the-saturday-paper/20170610/281702614691648
- Best practice interventions for corrections with Indigenous peoples https://www.voced.edu.au/content/ngv%3A13555
- Aborigines are still treated with disdain, The Age Newspaper 16 December 2006
Irene Sacchetti is a doctoral researcher in climate change and refugee law at NLS. Her research interests sit at the intersection between human rights and environmental/climate law, and revolve around decoloniality, ecofeminism, climate and planetary justice in the Anthropocene, legal pluralism and knowledge co-creation.
Irene is currently working on her PhD project concerning “Reconceptualising the Climate ‘Refugee’ in International Law: Adopting Ecofeminist and Decolonial Perspectives”. Her research project critically explores the gap in international law addressing the protection of climate ‘refugees’, those forced to flee their homelands because of the devastating impacts of climate change, with the aim of offering an alternative legal paradigm to grapple with future cross-border climate induced mobility in the Anthropocene. Her interdisciplinary investigation, sensitive to the colonial origin of climate change and the Western hegemony on the epistemic foundations of international law, explores the potentiality of decolonial and ecofeminist approaches in reconceptualising the climate-mobility nexus, and holistic responses to climate induced displacement.
Links to some of Irene’s contributions:
- ‘Climate Justice Through Human Rights: The Carbon Major Inquiry’ IASS Blog, 2022 https://www.rifs-potsdam.de/en/blog/2022/06/climate-justice-through-human-rights-carbon-majors-inquiry
- ‘Tackling the Climate Crisis through Gender Equality’ IASS Blog, 2022 https://www.rifs-potsdam.de/en/blog/2022/03/tackling-climate-crisis-through-gender-equality
- ‘Do We Have a Right to a Stable and Safe Climate?’ CLASS Comments, 2022 https://www.ilaw.cas.cz/en/research-and-projects/class/our-comments.html
- ‘Climate-Induced Displacement: A human-rights Based Approach to Filling the Existing Legal Gap’ CLASS Comments, 2022 https://www.ilaw.cas.cz/en/research-and-projects/class/our-comments.html’
- ‘The inclusion of Women Within the International Climate Change Regime’ CLASS Comments, 2021 https://www.ilaw.cas.cz/en/research-and-projects/class/our-comments.html
Laurence is a PhD student at Nottingham Law School and is currently working on environmental activists’ prosecutions and convictions for piracy.
Her research partly focuses on post-colonial approaches, particularly concerning piracy’s private-ends requirements – whose interpretation can lead to discrimination against developing countries and non-Western ideologies (the absence of consideration for Somali piracy’s political aspects can be a relevant perfect example).
She advocates for a re-assessment of piracy’s private-ends requirement to move away from the private/political dichotomy to prevent the arbitrary evaluation of violent actions as political or non-political (and, therefore, qualifying or not as piracy).
She also researched how climate change can trigger social tipping points, drawing upon the example of Afghanistan and the return of the Taliban.
- ‘The return of ‘environmental pirates’? Greenpeace v. Shell on the Atlantic Ocean’ Nottingham Trent University News, 2023. https://www.ntu.ac.uk/about-us/news/news-articles/2023/02/expert-blog-the-return-of-environmental-pirates-greenpeace-v.-shell-on-the-atlantic-ocean
- ‘Climate change and social tipping points: has the climate crisis helped the Taliban’s ascent to power?’ La Pensée Ecologique, 2021.