scholarly journals Section 35 of the Canadian Constitution Act and Indigenous Self-Determination in Canada

2021 ◽  
Vol 6 (1) ◽  
pp. 14-21
Author(s):  
Hailey Lothamer
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Self Determination ◽  
Court Cases ◽  
Treaty Rights ◽  
Canadian Government ◽  
Academic Literature ◽  
Personal Accounts

This research paper analyzes the impacts of Section 35 of the Canadian Constitution on the enhancement of Indigenous rights in Canadian politics. As outlined in Section 35, Indigenous rights are recognized as pre-existing prior to the Constitution Act of 1982 and the identity of Aboriginal, Inuit and Métis peoples are defined. Academic literature, television broadcasts, and personal accounts of the implementation and effects of Section 35 were used to conduct this research and investigate the origins of this section in the Constitution. Notably, this analysis demonstrated that the inclusion of Section 35 in the Constitution has led to more public discussion and court cases to claim treaty rights by Indigenous peoples. The effect of including Indigenous rights in the Canadian Constitution has expanded the role of the courts in adjudicating relations between the Canadian government and Indigenous people, effectively expanding the accountability of the Canadian government to upholding treaty rights. Overall, the findings of this paper were that Section 35 plays a large role in promoting awareness of reconciliation to the Canadian public, however, it stops short of including Indigenous people as meaningful participants in their own self-determination.  

scholarly journals A Socially Constructed Human Right to the Self‑determination of Indigenous Peoples

2017 ◽  
pp. 105-143 ◽  
Author(s):  
Benjamin Gregg
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Self Determination ◽  
Political Movement ◽  
Human Right ◽  
Social Constructs ◽  
Socially Constructed

I propose a human right to self‑determination for indigenous peoples as a something in each case developed by the indigenous people and valid only if embraced by that people. That is, I approach human rights as social constructs toward (1) arguing for the social construction of indigenous peoples themselves, (2) with certain limits on indigenous rights to autonomy and diversity even as they construct collective rights for themselves, (3) in this way achieving the internal self‑determination of indigenous peoples, whereby an indigenous people would design its own human right to self‑determination without thereby undermining individual rights, (4) by means of a social and political movement that I conceive as a metaphorical «human rights state.»Received: 25 July 2016Accepted: 30 November 2016Published online: 11 December 2017

scholarly journals The Van der Peet Test: Constitutional Recognition or Constitutional Restriction?

2012 ◽  
Vol 3 (2) ◽  
pp. 20-36
Author(s):  
Alexandra Kent
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Self Determination ◽  
Power Dynamics ◽  
Colonial Power ◽  
Constitutional Order ◽  
Indigenous Nations ◽  
Asymmetrical Power ◽  
Constitutional Right

This article uses the case of R. v. Van der Peet to critically analyze the role of language in Section 35(1) of the Canadian Constitution in perpetuating asymmetrical power dynamics within the framework of colonialism. In defining which practices are protected in the form of Indigenous rights under Section 35(1), the courts have imposed a two-stage test called the Integral to a Distinctive Culture Test or Van der Peet Test. This test stipulates three criteria; the practice must: originate from "pre-contact", be "distinctive", and conform or "reconcile" with state sovereignty. This article demonstrates how these criteria hinder the development of Indigenous rights, restrict the scope of such rights, and marginalize Indigenous peoples in Canadian society. Analyzing the role of the deliberative wording of this constitutional order reveals a foundation for contemporary colonialism and oppression, whereby colonial power relations are facilitated and secured by antiquated, ethnocentric ideals upheld by the Judiciary. Exposing the illegitimacy embedded within the State's uninhibited, exclusive sovereignty directs this discussion to the suggestion that the State lacks the authority to grant Indigenous rights. This article concludes with the argument that, as the original inhabitants of this land, Indigenous Nations possess the inherent extra-constitutional right to self-determination that can only be achieved through self-affirmation.

scholarly journals Us Mob Online: The Perils of Identifying as Indigenous on Social Media

Genealogy ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 52
Author(s):  
Bronwyn Carlson ◽  
Tristan Kennedy
Keyword(s):  
Social Media ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Mixed Methods Research ◽  
Indigenous Communities ◽  
Digital Environment ◽  
Collective Identities ◽  
Social Media Platforms ◽  
Insight Into

Social media is a highly valuable site for Indigenous people to express their identities and to engage with other Indigenous people, events, conversations, and debates. While the role of social media for Indigenous peoples is highly valued for public articulations of identity, it is not without peril. Drawing on the authors’ recent mixed-methods research in Australian Indigenous communities, this paper presents an insight into Indigenous peoples’ experiences of cultivating individual and collective identities on social media platforms. The findings suggest that Indigenous peoples are well aware of the intricacies of navigating a digital environment that exhibits persistent colonial attempts at the subjugation of Indigenous identities. We conclude that, while social media remains perilous, Indigenous people are harnessing online platforms for their own ends, for the reinforcement of selfhood, for identifying and being identified and, as a vehicle for humour and subversion.

scholarly journals Strategi Pengakuan dan Perlindungan Hak-Hak Masyarakat (Hukum) Adat: Sebuah Pendekatan Sosio-Antropologis

2016 ◽  
Vol 2 (2) ◽  
pp. 133 ◽  
Author(s):  
R Yando Zakaria
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Local Communities ◽  
Local Regulation ◽  
Field Level

Abstract: Arizona (2015b) reported that in the last mid-2015, there were lots of local regulation products intended as instruments to recognize the rights of indigenous people. Eventhough 40% of these products contain arrangements of the area, lands and communal forests, in reality, total area that have been effectively possessed by local communities were insignificant. According to Arizona (2015a), this condition occurred because the advocacy agenda trapped by the complexity of the diversity of the subjects and objects of the indigenous rights to be recognized and protected. This article was not about to argue that conclusion. However, this paper believes that the trap of complexity and diversity of the subjects and objects of the recognition of indigenous rights was enabled by three factors. First, the stakeholders within those complexity of definition came from generic concepts; second, failed to approach subjects and objects of the rights as a socio-antrophology reality at field level; and third, this problem was worsen by the stakeholders that barely have a proven instrument in finding sociological-anthropological reality. This article aims to fill those gaps. Keywords : Strategy, Recognition, Indigenous Peoples, socio-anthropologicalIntisari: Arizona (2015b) melaporkan bahwa tengah tahun 2015 lalu ada banyak produk hukum daerah yang dimakudkan sebagai instrument hukum pengakuan hak-hak masyarakat adat. Namun, meski 40% produk hukum daerah itu berisi pengaturan tentang wilayah, tanah dan hutan adat, di tingkat lapangan, total luas yang telah benar-benar efektif dikuasi masyarakat adat relatif sangat sedikit. Menurut Arizona (2015a), hal itu terjadi, antara lain, agenda advokasi terjebak oleh kerumitan keragaman subyek dan obyek hak-hak adat yang akan diakui dan dilindungi. Tulisan ini tak hendak membantah kesimpulan itu. Namun, tulisan ini percaya bahwa jebakan kerumitan keragaman subyek dan obyek pengakuan hak-hak masyarakat adat itu dimungkinkan oleh tiga hal. Pertama, para-pihak terjebak dengan perdebatan definisi dari beberapa konsep yang memang bersifat generik; kedua, alpa mendekati subyek dan obyek hak itu sebagai realitas sosio-antropologis di tingkat lapangan; dan ketiga, masalah ini diperumit oleh para-pihak nyaris tidak memiliki instrument yang teruji dalam menemukan realitas sosiologis-antropologi dimaskud. Tulisan ini disusun untuk mengisi kekosongan-kekosongan itu. Kata Kunci: Strategi, Pengakuan, Masyarakat Hukum Adat, sosio-antropologis

James Clifford’s ‘Indigenous Articulations’ as Travelling Theory? The Search for Sustainability in Theorising Taiwan’s Indigenous and Han Populations

2019 ◽  
Vol 2 (1) ◽  
pp. 32-56
Author(s):  
Jess Marinaccio
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Self Determination ◽  
Indigenous Populations ◽  
Pacific Region ◽  
The Pacific ◽  
Literature Culture ◽  
Original Audience

In 2000, the noted scholar James Clifford delivered an address entitled ‘Indigenous Articulations’ in which he challenged dichotomies of authenticity/inauthenticity that plague theories of indigeneity in the Pacific region. Today, ‘Indigenous Articulations’ has travelled far beyond its original audience, and some Taiwanese scholars who analyse the literature/culture of Taiwan’s indigenous peoples have adopted this work. Yet, in contrast to Clifford, these scholars have used ‘Indigenous Articulations’ to simultaneously explain indigenous and Han Taiwanese populations, positing Han-indigenous creolisation as preferable to indigenous self-determination. In this paper, I adopt travelling theory to examine ‘Indigenous Articulations’ and its movement to Taiwan studies. I then consider the works of Kuei-fen Chiu and Hueichu Chu to show how they use ‘Indigenous Articulations’ to support a creolised existence for Han and indigenous populations on Taiwan. Finally, I explore tensions between theoretical and ethical sustainability in Taiwan studies and possibilities for recognising indigenous rights in this field.

Understanding Historical Trauma for the Holistic Care of Indigenous Populations: A Scoping Review

2020 ◽  
pp. 089801012097913
Author(s):  
Lucy Joo-Castro ◽  
Amanda Emerson
Keyword(s):  
Indigenous People ◽  
Intergenerational Transmission ◽  
Indigenous Peoples ◽  
Scoping Review ◽  
Historical Trauma ◽  
Indigenous Populations ◽  
Holistic Care ◽  
Research Activity ◽  
The Past

Historical trauma refers to the collective depredations of the past that continue to affect populations in the present through intergenerational transmission. Indigenous people globally experience poorer health outcomes than non-Indigenous people, but the connections between Indigenous people’s health and experiences of historical trauma are poorly understood. To clarify the scope of research activity on historical trauma related to Indigenous peoples’ health, we conducted a scoping review using Arksey and O’Malley’s method with Levac’s modifications. Seventy-five articles (1996-2020) were selected and analyzed. Key themes included (a) challenges of defining and measuring intergenerational transmission in historical trauma; (b) differentiating historical trauma from contemporary trauma; (c) role of racism, discrimination, and microaggression; (d) questing for resilience through enculturation, acculturation, and assimilation; and (e) addressing historical trauma through interventions and programs. Gaps in the research included work to establish mechanisms of transmission, understand connections to physical health, elucidate present and past trauma, and explore epigenetic mechanisms and effects ascribed to it. Understanding first what constitutes historical trauma and its effects will facilitate development of culturally safe holistic care for Indigenous populations.

Indigenous Rights: Recent Developments in International Law

2000 ◽  
Vol 28 (2) ◽  
pp. 266-310
Author(s):  
Julie Debeljak
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Cultural Institutions ◽  
Recent Developments ◽  
Land Holdings

“Indigenous peoples have been deprived of vast land holdings, and access to life sustaining resources, and they have suffered … activ[e] suppress[ion of] their political and cultural institutions. As a result indigenous people have been crippled economically and socially, their cohesiveness as communities has been damaged or threatened, and the integrity of their cultures has been undermined.”

Indigenous Self-determination through a Government Agency? The Impossible Task of the Swedish Sámediggi

2016 ◽  
Vol 23 (1) ◽  
pp. 105-127 ◽  
Author(s):  
Rebecca Lawrence ◽  
Ulf Mörkenstam
Keyword(s):  
Indigenous Peoples ◽  
Institutional Design ◽  
Indigenous Rights ◽  
Government Agency ◽  
Self Determination ◽  
Administrative Authority ◽  
Dual Roles ◽  
Daily Work ◽  
Impossible Task ◽  
Depth Interviews

The last two decades have witnessed a growing global acknowledgement of indigenous rights, for instance manifested in the 2007 unDeclaration on the Rights of Indigenous Peoples. The Nordic countries have all responded to the rights claims of the indigenous Sámi people by establishing popularly elected Sámediggis (Sámi Parliaments) to serve as their representative bodies. Internationally, the Sámediggis are often referred to as ‘models’ for indigenous self-governance and participation. Using in-depth interviews with politicians and civil servants, this article provides the first empirical study of the daily work of the Swedish Sámediggi, with a specific focus on its institutional design as a government agency with dual roles: as an administrative authority under the Swedish government and as a popularly elected representative body of the Sámi people. We examine how these dual roles affect the work of the Sámediggi and if the Swedish Sámediggi safeguards the Sámi right to self-determination.

Recent Books on Human Rights and Groups Review Essays International Law and the Evolution of Indigenous Rights

2008 ◽  
Vol 15 (1) ◽  
pp. 117-131
Author(s):  
Stephen Allen
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Land Rights ◽  
Self Determination ◽  
Critical Stage ◽  
Conditions Of Possibility ◽  
Supranational Level

AbstractThe recent adoption of the United Nations (UN) Declaration on the Rights of Indigenous Peoples has reinvigorated the discourse on indigenous rights. This essay reviews three books – Xanthaki's Indigenous Rights and United Nations Standards: Self-Determination, Culture and Land; Gilbert's Indigenous Peoples' Land Rights Under International Law: From Victims to Actors; and Rodriguez-Pinero's Indigenous Peoples, Postcolonialism and International Law: The ILO Regime (1919–1989) – that illustrate the way in which indigenous rights have evolved at the supranational level. Moreover, in their different ways, these important books highlight the conditions of possibility for indigenous peoples at a critical stage in the development of indigenous rights in international law.

scholarly journals Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»

2021 ◽  
pp. 132-142
Author(s):  
Anton Opanasenko
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
State Power ◽  
Self Determination ◽  
National Minority ◽  
Public Authorities ◽  
Collective Rights ◽  
The Law ◽  
Detailed Interpretation

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.

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