Divided Against Itself

Author(s):  
Paul Muldoon

This chapter examines how the prior occupation of Indigenous peoples compromises the acquisition of sovereignty over Australia and undermines the integrity of its governing institutions. It explains why the principle of terra nullius provides an unstable basis for the polity and how an adherence to conventional notions of sovereignty prevents it from developing a lawful relationship with First Nations. The chapter concludes by arguing for a more relational conception of political community in which Indigenous sovereignty is not suppressed out of fear of division.

2020 ◽  
Vol 9 (4) ◽  
pp. 45-60
Author(s):  
Joanne Faulkner

Drawing on Alexis Wright’s novel The Swan Book and Irene Watson’s expansive critique of Australian law, this article locates within the settler–Australian imaginary the figure of the ‘wounded Aboriginal child’ as a site of contest between two rival sovereign logics: First Nations sovereignty (grounded in a spiritual connection to the land over tens of millennia) and settler sovereignty (imposed on Indigenous peoples by physical, legal and existential violence for 230 years). Through the conceptual landscape afforded by these writers, the article explores how the arenas of juvenile justice and child protection stage an occlusion of First Nations sovereignty, as a disappearing of the ‘Aboriginality’ of Aboriginal children under Australian settler law. Giorgio Agamben’s concept of potentiality is also drawn on to analyse this sovereign difference through the figures of Terra Nullius and ‘the child’.


Author(s):  
Celine Rose Beaulieu

In the Truth and Reconciliation’s Final Report, four of the 94 calls to action referred to the repudiation of concepts which have justified claims of European sovereignty while implicitly refuting claims that dismiss the legitimacy of Indigenous land ownership prior to European contact. This paper demonstrates how the concepts of terra nullius and the Doctrine of Discovery have prevented the recognition and affirmation of Indigenous peoples’ sovereignty in Canada historically and presently. This article will first introduce the concepts of the Doctrine of Discovery and terra nullius as religious constructs and demonstrate how these concepts became integrated into the colonial mentality of European countries by drawing from Andrew Crosby and Jeffery Monaghan’s concept of “settler governmentality.” These two concepts, in particular, justified the false pretensions of European countries to assume they could occupy, ‘discover’ and take the land from Indigenous peoples. By acknowledging Indigenous sovereignty is inherently connected to their relationship with the land, this article will conclude by analyzing the work of contemporary academics and reports that argue Indigenous laws cannot be adequately acknowledged under the current Canadian legislation.


Author(s):  
Michael Mascarenhas

Three very different field sites—First Nations communities in Canada, water charities in the Global South, and the US cities of Flint and Detroit, Michigan—point to the increasing precariousness of water access for historically marginalized groups, including Indigenous peoples, African Americans, and people of color around the globe. This multi-sited ethnography underscores a common theme: power and racism lie deep in the core of today’s global water crisis. These cases reveal the concrete mechanisms, strategies, and interconnections that are galvanized by the economic, political, and racial projects of neoliberalism. In this sense neoliberalism is not only downsizing democracy but also creating both the material and ideological forces for a new form of discrimination in the provision of drinking water around the globe. These cases suggest that contemporary notions of environmental and social justice will largely hinge on how we come to think about water in the twenty-first century.


2021 ◽  
Vol 14 (2) ◽  
pp. 454-473
Author(s):  
Rachel Zellars

This essay opens with a discussion of the Black commons and the possibility it offers for visioning coherence between Black land relationality and Indigenous sovereignty. Two sites of history – Black slavery and Black migration prior to the twentieth century – present illuminations and challenges to Black and Indigenous relations on Turtle Island, as they expose the “antagonisms history has left us” (Byrd, 2019a, p. 342), and the ways antiblackness is produced as a return to what is deemed impossible, unimaginable, or unforgivable about Black life.While the full histories are well beyond the scope of this paper, I highlight the violent impossibilities and afterlives produced and sustained by both – those that deserve care and attention within a “new relationality,” as Tiffany King has named, between Black and Indigenous peoples. At the end of the essay, I return briefly to Anna Tsing’s spiritual science of foraging wild mushrooms. Her allegory about the human condition offers a bridge, I conclude, between the emancipatory dreams of Black freedom and Indigenous sovereignty.  


Genealogy ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 67
Author(s):  
Sandy O’Sullivan

The gender binary, like many colonial acts, remains trapped within socio-religious ideals of colonisation that then frame ongoing relationships and restrict the existence of Indigenous peoples. In this article, the colonial project of denying difference in gender and gender diversity within Indigenous peoples is explored as a complex erasure casting aside every aspect of identity and replacing it with a simulacrum of the coloniser. In examining these erasures, this article explores how diverse Indigenous gender presentations remain incomprehensible to the colonial mind, and how reinstatements of kinship and truth in representation fundamentally supports First Nations’ agency by challenging colonial reductions. This article focuses on why these colonial practices were deemed necessary at the time of invasion, and how they continue to be forcefully applied in managing Indigenous peoples into a colonial structure of family, gender, and everything else.


2021 ◽  
Vol 17 (1) ◽  
pp. 71-82
Author(s):  
Rashwet Shrinkhal

It is worth recalling that the struggle of indigenous peoples to be recognised as “peoples” in true sense was at the forefront of their journey from an object to subject of international law. One of the most pressing concerns in their struggle was crafting their own sovereign space. The article aims to embrace and comprehend the concept of “indigenous sovereignty.” It argues that indigenous sovereignty may not have fixed contour, but it essentially confronts the idea of “empire of uniformity.” It is a source from which right to self-determination stems out and challenges the political and moral authority of States controlling indigenous population within their territory.


2021 ◽  
Vol 16 (2) ◽  
Author(s):  
Cowichan Tribes

Cowichan Tribes’ territory, located in the Cowichan Valley on Vancouver Island, British Columbia, Canada, is experiencing an alarmingly high rate of preterm births compared to the national average of Indigenous Peoples in Canada. In response, and in partnership with the First Nations Health Authority (FNHA), Cowichan Tribes is in the first year of a 3-year study to investigate causes. Cowichan Tribes’ Elders and community members are guiding the study to ensure it follows Cowichan Tribes’ research processes and to support self- determination in research. Furthermore, as a way to enhance reconciliation, Elders and community members guided an on-site ethics review on Cowichan Tribes territory. This article outlines the collaborative, in-person research ethics review process that Cowichan Tribes, Island Health, and FNHA completed on August 21, 2019. The purpose of this article is to provide suggestions other First Nations could use when conducting a research ethics review, and to explain how this process aligns with the principles of ownership, control, access, and possession (OCAP®), the United Nations Declaration on the Rights of Indigenous Peoples, the Truth and Reconciliation Commission of Canada, and above all, the Cowichan snuw’uy’ulh (teachings from Elders).


FACETS ◽  
2021 ◽  
Vol 6 ◽  
pp. 1266-1284
Author(s):  
Jason T Fisher ◽  
Fabian Grey ◽  
Nelson Anderson ◽  
Josiah Sawan ◽  
Nicholas Anderson ◽  
...  

The resource extraction that powers global economies is often manifested in Indigenous Peoples’ territories. Indigenous Peoples living on the land are careful observers of resulting biodiversity changes, and Indigenous-led research can provide evidence to inform conservation decisions. In the Nearctic western boreal forest, landscape change from forest harvesting and petroleum extraction is intensive and extensive. A First Nations community in the Canadian oil sands co-created camera-trap research to explore observations of presumptive species declines, seeking to identify the relative contributions of different industrial sectors to changes in mammal distributions. Camera data were analyzed via generalized linear models in a model-selection approach. Multiple forestry and petroleum extraction features positively and negatively affected boreal mammal species. Pipelines had the greatest negative effect size (for wolves), whereas well sites had a large positive effect size for multiple species, suggesting the energy sector as a target for co-management. Co-created research reveals spatial relationships of disturbance, prey, and predators on Indigenous traditional territories. It provides hypotheses, tests, and interpretations unique to outside perspectives; Indigenous participation in conservation management of their territories scales up to benefit global biodiversity conservation.


2019 ◽  
Author(s):  
Konstantia Koutouki ◽  
Katherine Lofts

The provisions of the federal Cannabis Act came into force on 17 October 2018, opening a new era of cannabis management in Canada. We examine cannabis in Canada through the lens of reconciliation and the rights of First Nations, Métis, and Inuit peoples. There is potential for Indigenous communities to benefit from cannabis legalization, but also a very real risk that the new legal framework will simply perpetuate existing injustices. We show that the new legislation is inadequate both in terms of lack of consultation with Indigenous communities, as well as in terms of substantive provisions — and omissions — in the legislation itself.


Author(s):  
Aubrey Jean Hanson ◽  
Sam McKegney

Indigenous literary studies, as a field, is as diverse as Indigenous Peoples. Comprising study of texts by Indigenous authors, as well as literary study using Indigenous interpretive methods, Indigenous literary studies is centered on the significance of stories within Indigenous communities. Embodying continuity with traditional oral stories, expanding rapidly with growth in publishing, and traversing a wild range of generic innovation, Indigenous voices ring out powerfully across the literary landscape. Having always had a central place within Indigenous communities, where they are interwoven with the significance of people’s lives, Indigenous stories also gained more attention among non-Indigenous readers in the United States and Canada as the 20th century rolled into the 21st. As relationships between Indigenous Peoples (Native American, First Nations, Métis, and Inuit) and non-Indigenous people continue to be a social, political, and cultural focus in these two nation-states, and as Indigenous Peoples continue to work for self-determination amid colonial systems and structures, literary art plays an important role in representing Indigenous realities and inspiring continuity and change. An educational dimension also exists for Indigenous literatures, in that they offer opportunities for non-Indigenous readerships—and, indeed, for readers from within Indigenous nations—to learn about Indigenous people and perspectives. Texts are crucially tied to contexts; therefore, engaging with Indigenous literatures requires readers to pursue and step into that beauty and complexity. Indigenous literatures are also impressive in their artistry; in conveying the brilliance of Indigenous Peoples; in expressing Indigenous voices and stories; in connecting pasts, presents, and futures; and in imagining better ways to enact relationality with other people and with other-than-human relatives. Indigenous literatures span diverse nations across vast territories and materialize in every genre. While critics new to the field may find it an adjustment to step into the responsibility—for instance, to land, community, and Peoplehood—that these literatures call for, the returns are great, as engaging with Indigenous literatures opens up space for relationship, self-reflexivity, and appreciation for exceptional literary artistry. Indigenous literatures invite readers and critics to center in Indigeneity, to build good relations, to engage beyond the text, and to attend to Indigenous storyways—ways of knowing, being, and doing through story.


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