scholarly journals COVID-19 Pandemic: Invoking the Famine and Pestilence Clause to be Paired with the Medicine Chest Clause from the Numbered Treaties

2021 ◽  
Vol 12 (4) ◽  
pp. 1-13
Author(s):  
Carrie Bourassa ◽  
Danette Starblanket ◽  
Jennifer Langan ◽  
Mikayla Hagel ◽  
Sadie Anderson ◽  
...  

Treaty-based strategies are required to address the unique needs of Indigenous communities in Canada during the COVID-19 pandemic. A treaty-based approach should recognize provisions within the Numbered Treaties, including the Famine and Pestilence Clause and Medicine Chest Clause, agreed to during the signing of Treaty 6 in 1876. The Famine and Pestilence Clause established the Crown’s obligation to aid Indigenous Peoples within Treaty 6 Territory in the event of calamities such as locust raids, storms, starvation, and disease. The Medicine Chest Clause instituted the means through which the Crown would provide medical care for Indigenous Peoples within the jurisdiction. The Government of Canada has a legal obligation to invoke the Famine and Pestilence Clause and Medicine Chest Clause in a strategy to address the spread of COVID-19 in Indigenous communities.

2020 ◽  
Vol 1 (1) ◽  
pp. 59-71
Author(s):  
Joshua Manitowabi

Fifty years ago, Indigenous elders and leaders drafted their response to the Statement of the Government of Canada on Indian Policy (White Paper of 1969). Their formal rebuttal, Citizens Plus (Red Paper), published in 1970, was a turning point in Indigenous education policy. It marked the beginning of the shift away from government-controlled, assimilationist educational policies to greater Indigenous control over funding and pedagogical methods. The Red Paper refuted the White Paper’s main conclusions and stated that Indigenous peoples are “citizens plus” because the federal government is legally bound to provide Indigenous peoples with services in exchange for the use of the land they occupy. The most important Indigenous rights to be upheld included education, health care, Aboriginal status, and Aboriginal title. These unique rights recognized that Indigenous peoples are the original owners of all the natural resources on their traditional treaty lands. The Red Paper became a political turning point for Indigenous peoples in Canada by presenting an Indigenous vision for a new political and legal relationship between Canada and Indigenous peoples based on Aboriginal and treaty rights. Since the 1970s, Indigenous leaders have struggled to maintain control of educational funding while having to abide by provincial standards of educational curricula. Indigenous communities want to provide more positive learning experiences and positive identity through reconceptualizing educational curricula. They are exploring ways to indigenize the educational experience by igniting cultural resurgence through the integration of Indigenous languages, knowledge, culture, and history by reconnecting students to their elders, land, and communities.


2021 ◽  
Vol 8 ◽  
Author(s):  
Julia A. Bingham ◽  
Saul Milne ◽  
Grant Murray ◽  
Terry Dorward

There is growing interest in the “integration” of knowledge and values held by Indigenous peoples with Western science into natural resource governance and management. However, poorly conducted integration efforts can risk harming Indigenous communities and reifying colonial legacies. In this regard, dichotomous conceptualizations of Indigenous and scientific knowledges are problematic. In this research, we focus on the role of indigenous and scientific knowledges in the management of coho salmon (Oncorhyncus kisutch) on the west coast of Vancouver Island, British Columbia (BC) in a governance context featuring contested authority among First Nations (Indigenous peoples) and the government of Canada. We discuss an example from a particular Indigenous community, Tla-o-qui-aht First Nations (TFN), that has worked with other management bodies to establish practices for the restoration, enhancement and harvest of cuẃit (coho). After outlining relevant Tla-o-qui-aht values, knowledges and decision-making processes, we consider the pluralistic approach to Indigenous and scientific knowledges in Tla-o-qui-aht management of cuẃit and show that pluralistic, co-constitutive, and multiplicative understandings of Indigenous and scientific ways of knowing may provide better grounding for addressing challenges in integration efforts. We also emphasize the importance of engagement with FN community liaisons and deferral to FN leadership to align management efforts with FN structures of knowledge production and governance, maintain ethical engagement, recognize Indigenous agency, and support effective conservation, and management efforts.


2017 ◽  
Vol 6 (Especial) ◽  
pp. 105
Author(s):  
Dante Choque-Caseres

In Latin America, based on the recognition of Indigenous Peoples, the identification of gaps or disparities between the Indigenous and non-Indigenous population has emerged as a new research interest. To this end, capturing Indigenous identity is key to conducting certain analyses. However, the social contexts where the identity of Indigenous persons are (re)produced has been significantly altered. These changes are generated by the assimilation or integration of Indigenous communities into dominant national cultures. Within this context, limitations emerge in the use of this category, since Indigenous identity has a political and legal component related to the needs of the government. Therefore, critical thought on the use of Indigenous identity is necessary in an epistemological and methodological approach to research. This article argues that research about Indigenous Peoples should evaluate how Indigenous identity is included, for it is socially co-produced through the interaction of the State and its institutions. Thus, it would not necessarily constitute an explicative variable. By analyzing the discourse about Aymara Indigenous communities that has emerged in the northern border of Chile, this paper seeks to expose the logic used to define identity. Therefore, I conclude that the process of self-identification arises in supposed Indigenous people, built and/or reinforced by institutions, which should be reviewed from a decolonizing perspective and included in comparative research.


Author(s):  
L. N. Khakhovskaya ◽  

Based on archival sources, the author analyzes the situation of the indigenous peoples of the Okhotsk-Kolyma territory during the Great Patriotic War. The government continued to implement paternalistic social policies: the development of housing and social infrastructure in the areas where indigenous peoples live, improvement of medical care and education, and vocational training. It is shown that most indigenous peoples, involved with collective farming worked disciplinedly and responsibly in areas related to traditional nature management (reindeer herding, fishing, fur hunting). With their labor and personal donations, the indigenous people made a feasible contribution to the victory. The indigenous peoples also fought on the front and served in the rear troops.


2020 ◽  
Vol 6 (1) ◽  
pp. 56
Author(s):  
Farida Patittingi

The multi-decade struggle of indigenous communities in Indonesia to gain recognition of their collective rights and the reluctance of the state to act on their demands, now has come to a bright spot. The rights of indigenous peoples in natural resources management –in land and forests– get more recognition as well as protection since the Constitutional Court’s decision on forest law. The recognition of indigenous peoples and their traditional rights must be followed by exclusive rights to control and managing resources in their environment, such as land or forests, as the main source of livelihood for indigenous peoples (lebensraum). Hence, a legal policy is needed from the government that regulates and provides strict and clear recognition criteria for its existence and their rights to natural resources.


Author(s):  
Vanessa Sloan Morgan ◽  
Heather Castleden ◽  

AbstractCanada celebrated its 150th anniversary since Confederation in 2017. At the same time, Canada is also entering an era of reconciliation that emphasizes mutually respectful and just relationships between Indigenous Peoples and the Crown. British Columbia (BC) is uniquely situated socially, politically, and economically as compared to other Canadian provinces, with few historic treaties signed. As a result, provincial, federal, and Indigenous governments are attempting to define ‘new relationships’ through modern treaties. What new relationships look like under treaties remains unclear though. Drawing from a comprehensive case study, we explore Huu-ay-aht First Nations—a signatory of the Maa-nulth Treaty, implemented in 2011—BC and Canada’s new relationship by analysing 26 interviews with treaty negotiators and Indigenous leaders. A disconnect between obligations outlined in the treaty and how Indigenous signatories experience changing relations is revealed, pointing to an asymmetrical dynamic remaining in the first years of implementation despite new relationships of modern treaty.


2018 ◽  
Vol 32 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Alika T. Lafontaine ◽  
Christopher J. Lafontaine

It is well-established that Indigenous Peoples continue to experience a lower level of health than non-Indigenous Peoples in Canada. For many health leaders, finding practical strategies to close the gap in health disparities remains elusive. In this retrospective study, we will illustrate our own experience of transformational change using design and systems thinking tools toward a primary outcome of multi-stakeholder alignment. Using this approach enabled three Indigenous Provincial/Territorial Organizations (IPTOs) representing more than 150 First Nations communities from Saskatchewan, Manitoba, and Ontario to establish the largest community-led, collaborative approach to health transformation in Canada at the time. These IPTOs have gone on to pursue some of the most ambitious health transformation initiatives in Canada and in September 2018, were granted $68 million in funding support by the Government of Canada. If health leaders are looking at an alternative approach to closing the gap in Indigenous health, alignment thinking has shown promising results.


Author(s):  
M. Megre

The ongoing conflict between agribusiness and Brazilian indigenous peoples is one of the largest conflicts in contemporary Brazil. It combines territorial dispute with racial, ethnic, and environmental issues. On the one hand, as the Brazilian economy mainly relies on agriculture, agricultural business has consolidated power across the country, strongly supported by the government. On the other hand, indigenous communities have been fighting for decades to have their territory demarcated and to ensure their people‟s security and rights. Apart from unsettled issues between indigenous communities and agribusiness, confrontation is aggravated by social intolerance and the heritage of colonialism. Despite being one of the most violent and widespread conflicts in the country, it is often disregarded and silenced by the Brazilian media, and the Brazilian society is barely aware about it.


2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.


2020 ◽  
Vol 27 (2) ◽  
pp. 270-290 ◽  
Author(s):  
Avigail Eisenberg

Until recently, conflicts between Indigenous peoples and the Canadian state over land development projects have proceeded without the requirement that the state or companies obtain Indigenous consent. In 2018, this changed when the Government of Canada released a statement identifying ‘free, prior, and informed consent’ (fpic) as a requirement of meaningful engagement on projects that implicate Indigenous rights. This article considers the promise of consent within consultation processes. Consent is better than its absence, but conflicts over land development often involve rival claims to authority. The principle of consent cannot alone address the challenges posed by these rival claims nor offer appropriate responses to them. Through organised resistance, communities develop collective agency, forge political alliances, and re-appropriate their authority over territory and resources that are significant to them. The introduction of fpic clarifies but does not replace the benefits of resistance for some communities.


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