title: Empowering equitable data use partnerships and indigenous data sovereignties amid pandemic genomics

authors: Haring, Rodney C.

subjects: American Indian/Alaska Native

abstract: The COVID-19 pandemic has inequitably impacted Indigenous communities in the United States. In this emergency state that highlighted existing inadequacies in US government and tribal public health infrastructures, many tribal nations contracted with commercial entities and other organization types to conduct rapid diagnostic and antibody testing, often based on proprietary technologies specific to the novel pathogen. They also partnered with public-private enterprises on clinical trials to further the development of vaccines. Indigenous people contributed biological samples for assessment and, in many cases, broadly consented for indefinite use for future genomics research. A concern is that the need for crisis aid may have placed Indigenous communities in a position to forego critical review of data use agreements by tribal research governances. In effect, tribal nations were placed in the unenviable position of trading short-term public health assistance for long-term, unrestricted access to Indigenous genomes that may disempower future tribal sovereignties over community members' data. Diagnostic testing, specimen collection, and vaccine research is ongoing; thus, our aim is to outline pathways to trust that center current and future equitable relationship-building between tribal entities and public-private interests. These pathways can be utilized to increase Indigenous communities' trust of external partners and share understanding of expectations for and execution of data protections. We discuss how to navigate genomic-based data use agreements in the context of pathogen genomics. While we focus on US tribal nations, Indigenous genomic data sovereignties relate to global Indigenous nations regardless of colonial government recognition.

text: Empowering equitable data use partnerships and indigenous data sovereignties amid pandemic genomics The COVID-19 pandemic has inequitably impacted Indigenous communities in the United States. In this emergency state that highlighted existing inadequacies in US government and tribal public health infrastructures, many tribal nations contracted with commercial entities and other organization types to conduct rapid diagnostic and antibody testing, often based on proprietary technologies specific to the novel pathogen. They also partnered with public-private enterprises on clinical trials to further the development of vaccines. Indigenous people contributed biological samples for assessment and, in many cases, broadly consented for indefinite use for future genomics research. A concern is that the need for crisis aid may have placed Indigenous communities in a position to forego critical review of data use agreements by tribal research governances. In effect, tribal nations were placed in the unenviable position of trading short-term public health assistance for long-term, unrestricted access to Indigenous genomes that may disempower future tribal sovereignties over community members' data. Diagnostic testing, specimen collection, and vaccine research is ongoing; thus, our aim is to outline pathways to trust that center current and future equitable relationship-building between tribal entities and public-private interests. These pathways can be utilized to increase Indigenous communities' trust of external partners and share understanding of expectations for and execution of data protections. We discuss how to navigate genomic-based data use agreements in the context of pathogen genomics. While we focus on US tribal nations, Indigenous genomic data sovereignties relate to global Indigenous nations regardless of colonial government recognition.

year: 2021

title: Confiscation of Terrorist Funds: Can the EU Be a Useful Model for ASEAN?

authors: Tofangsaz, Hamed

subjects: terrorism

abstract: The counter-terrorist financing regime has been developed and diffused rapidly since the 9/11 attacks. The two central components of the regime are criminalization of acts of financing and confiscation of terrorist funds. These measures, which duplicate US laws on terrorist financing, have been designed to impose liability on, and confiscate assets and property of, those who finance or associate with terrorism regardless of whether there is a link between their act of financing or associating and a terrorist act. In the absence of such connection between the offense of terrorist financing and its subsequent crime of terrorism, a question arises: What is the legal basis for imposing liability on suspected financers and confiscating their assets and
property? This ambiguity has never been properly addressed by the creators of the regime or by those who promote the regime. This paper explores whether and how this ambiguity has been addressed at the regional level among the Member States of the Association of South East Asian Nations (ASEAN) where the agenda of countering terrorism has been largely shaped by external actors, mainly the Western states and international organizations established and controlled by them. Considering the fact that counter-terrorism has entered the agenda in the political dialogue between the EU and ASEAN, it is worth examining whether EU laws and policies on terrorist financing offer themselves as a model for ASEAN to emulate. The paper concludes that the EU, a value-based community, has failed to deal with the issue of terrorist financing effectively. This has resulted in draconian and unjustified overreach of the forfeiture laws and policies which, in many ways, are inconsistent with the rule of law, human rights, democratic values and good governance.

text: Confiscation of Terrorist Funds: Can the EU Be a Useful Model for ASEAN? The counter-terrorist financing regime has been developed and diffused rapidly since the 9/11 attacks. The two central components of the regime are criminalization of acts of financing and confiscation of terrorist funds. These measures, which duplicate US laws on terrorist financing, have been designed to impose liability on, and confiscate assets and property of, those who finance or associate with terrorism regardless of whether there is a link between their act of financing or associating and a terrorist act. In the absence of such connection between the offense of terrorist financing and its subsequent crime of terrorism, a question arises: What is the legal basis for imposing liability on suspected financers and confiscating their assets and
property? This ambiguity has never been properly addressed by the creators of the regime or by those who promote the regime. This paper explores whether and how this ambiguity has been addressed at the regional level among the Member States of the Association of South East Asian Nations (ASEAN) where the agenda of countering terrorism has been largely shaped by external actors, mainly the Western states and international organizations established and controlled by them. Considering the fact that counter-terrorism has entered the agenda in the political dialogue between the EU and ASEAN, it is worth examining whether EU laws and policies on terrorist financing offer themselves as a model for ASEAN to emulate. The paper concludes that the EU, a value-based community, has failed to deal with the issue of terrorist financing effectively. This has resulted in draconian and unjustified overreach of the forfeiture laws and policies which, in many ways, are inconsistent with the rule of law, human rights, democratic values and good governance.

year: 2017

title: Te ahi tawhito, te ahi tipua, te ahi nā Mahuika: Re-igniting native women’s ceremony

authors: Murphy, Ngahuia Aroha Grace

subjects: Native women's ceremony

abstract: This research examines the multiple ways in which Māori, and Hawai’ian and Native American women, are re-activating feminine ceremonial forms and recovering sacred relationships with customary feminine deities. Attention is focused on the creation of personal ritual practices that respond to contemporary decolonising and ecological contexts.
A mana wahine theoretical and methodological framework motivated by emancipatory agendas that seek to facilitate transformation is used. Key to mana wahine projects is the creation of space for Native women to define themselves and their own stories and knowledges. This is important because Native women’s voices, knowledge and ritual histories continue to be marginalised. Furthermore, debased colonial renditions of femininity, which have been reproduced, perpetuate patriarchal and colonial politics that engender discord in Native communities today.  
The study used a suite of complimentary methods to engage 45 Native women and men. Interviews and kōrero (discussion), ceremony, mana wahine wānanga (women’s sacred learning space), Native sacred site visits, solicited journals, collaboration in ritual theatre productions, and analysis of mana wahine artworks as discursive texts were employed to gather stories of spiritual continuation that are unique and largely unchartered in academia. 
The empirical material is organised around four themes in four different chapters. The first of these empirical chapters re-interprets colonial ethnographic material alongside karakia (incantations), mōteatea (songs), cosmological and tribal stories, to reveal bold examples of Māori female ritual leadership. The second empirical chapter comprises an analysis of key colonial processes that have attempted to erase Native women’s ritual ontologies and the strident expressions of Native women’s resistance to colonial imperatives. The third empirical chapter investigates the multiple channels through which Native women are restoring their ceremonial lives. The fourth chapter investigates rerenga atua (menstruation) rituals that celebrate the Native feminine body as a cosmological site of communion with feminine deities. 
The rich weave of Native women’s stories of ceremony, old and new, threads into decolonising Indigenous scholarship around the world that also seeks to recover the sacred feminine as a key site of Native sovereignty. These discussions reveal a self-renewing Native belief system based on vibrant and evolving rituals that respond directly to current socio-political, spiritual and ecological realities.

text: Te ahi tawhito, te ahi tipua, te ahi nā Mahuika: Re-igniting native women’s ceremony This research examines the multiple ways in which Māori, and Hawai’ian and Native American women, are re-activating feminine ceremonial forms and recovering sacred relationships with customary feminine deities. Attention is focused on the creation of personal ritual practices that respond to contemporary decolonising and ecological contexts.
A mana wahine theoretical and methodological framework motivated by emancipatory agendas that seek to facilitate transformation is used. Key to mana wahine projects is the creation of space for Native women to define themselves and their own stories and knowledges. This is important because Native women’s voices, knowledge and ritual histories continue to be marginalised. Furthermore, debased colonial renditions of femininity, which have been reproduced, perpetuate patriarchal and colonial politics that engender discord in Native communities today.  
The study used a suite of complimentary methods to engage 45 Native women and men. Interviews and kōrero (discussion), ceremony, mana wahine wānanga (women’s sacred learning space), Native sacred site visits, solicited journals, collaboration in ritual theatre productions, and analysis of mana wahine artworks as discursive texts were employed to gather stories of spiritual continuation that are unique and largely unchartered in academia. 
The empirical material is organised around four themes in four different chapters. The first of these empirical chapters re-interprets colonial ethnographic material alongside karakia (incantations), mōteatea (songs), cosmological and tribal stories, to reveal bold examples of Māori female ritual leadership. The second empirical chapter comprises an analysis of key colonial processes that have attempted to erase Native women’s ritual ontologies and the strident expressions of Native women’s resistance to colonial imperatives. The third empirical chapter investigates the multiple channels through which Native women are restoring their ceremonial lives. The fourth chapter investigates rerenga atua (menstruation) rituals that celebrate the Native feminine body as a cosmological site of communion with feminine deities. 
The rich weave of Native women’s stories of ceremony, old and new, threads into decolonising Indigenous scholarship around the world that also seeks to recover the sacred feminine as a key site of Native sovereignty. These discussions reveal a self-renewing Native belief system based on vibrant and evolving rituals that respond directly to current socio-political, spiritual and ecological realities.

year: 2019