Intro

1/7/2014 12:34:00 PM Cultural distinctiveness; preservation of land; collective rights Natural preservation (land, air, water, son) environment Colonialism: Current threat posed by corporations/government who are polluting indigenous communities Self-determination Oppression by colonial/settler powers Autonomy re: development Violation of indigenous consent (free prior and informed consent) in financial development projects Solidarity Culture/languages Health care/education Displacement Marginalization Access to intl community Funding Human rights Security

1/7/2014 12:34:00 PM Why is indigeneity hard to define? Vast variation in circumstances: how do we decide b/w North America, South America, Asia, Africa etc. Vary in cultural diversity and historical context Indigenous vs. ethnic minorities China classifies indigenous groups as ethnic minorities o Affects expectations on the State; creates different sets of rights Tribal vs. indigenous Are settlers indigenous? How long until the settler group becomes indigenous? States want to narrow definition; indigenous people want broad definition Others? Why? Certain sets of rights go along with the defn Indigenous people want a broader defn b/c looking for INCLUSION, SOLIDARITY UN Declaration on the Rights of Indigenous Peoples No definition articulated in the text Self-definition State resistance Huge victory for indigenous peoples Elements of Indigeneity: UN Working Definition 1) Pre-colonial presence 2) Continuous cultural, linguistic and/or social distinctiveness easy for north America; harder for people of Asia/Africa NA: ots of movements back and forth between indigenous communities/urban centres Self-identification and/or recognition by other indigenous people o Tribal people are starting to more and more identify themselves as indigenous Land rights fell by the way side. Indigenous Peoples of the World More than 300 million indigenous peoples worldwide 6% of the worlds population; Canada is about 1% indigenous Indigenous peoples live on 6 continents

More than 5000 distinct peoples in 72 countries Indigenous populations by continent of residence Asia (80%) 17% South America 7% north America 4% Africa 3% Australia/Ocenia 1% Europe What do Indigenous Peoples have in common? Discrimination/marginalization AND Assimilation IMPORTANT FOR FINAL Discrimination - individual rights - anti-discrimination protections + Assimilation collective rights 1) culture, education, language, religion, identity 2) land rights/self-determination UNPFII Group Project Indigenous Caucuses Government Caucuses

THEORIES OF COLONIZATION AND CONQUEST1/7/2014 12:34:00 PM

Colonization: acquisition by a nation of other territories and their peoples European Colonization: A political and economic phenomenon where European countries explored, conquered, settled and exploited other territories Why do nations colonize? Exploit natural resources Create new markets for the colonizing country Expand living space for colonizers population Extend colonzers way of life Extend civilization to backward peoples

Types of colonization Explotative Expansion of power Religious conversion Settler Expand power Profit Escape tyranny & oppression Religious conversion

Different in outcomes

Different models of European Colonization Spanish sought gold/organized mission structures Portuguese driven by economics/used slave labour/less driven by religious impulse French took a while for the French to get real material power; much more cooperative relations Dutch decentralized; through private companies English economic: looking for natural resources; shipping people; north America. Civilization component religious impulse; divide and conquer not just a military phenomenon; through treaties etc. The English liked to colonize in a way that had legal justification. Met some cultural need for their sense of honor,

DOCTRINE OF DISCOVERY An international legal principle which enabled colonization

Provided legal justification for governmental and property claims over territories and inhabitants Justified by religious and ethnocentric ideas of European superiority Europeans who arrived first in new territories gained property, governmental, political, and legal rights Origins of doctrine of discovery Crusades- 11th century 1400s- series of papal bulls Spain and Portugal Elements of Discovery First discovery Occupancy and possession ports etc set up near rivers because by having an outpost/fort could let you claim discovery Preemption the sole right to buy land from native people belongs to the discovering power Indian title after doctrine of discovery is invoked internationally, all the indian people lost the rights Tribal limited sovereignty and commercial rights Contiguity Terra nullius (empty land) Christianity Civilization conquest

Feb 4
Midterm format

1/7/2014 12:34:00 PM 5 concepts/terms o select term (2 paragraphs) identify/define term and concept discuss the relevance of the concept in global indigenous politics (more important); situate concept (Breadth and depth of concept) more time consuming o 5 points for the identification, 5 points for the discussion of relevance. Essay question (60 points) o Situate the concept; knead classes together. Colonization

Cases from the readings, class discussion, and speakers. Examples (2-3) Post henderson ch 3, exclusion of indigenous people Speaker Dying native language Cry rock: oral tradition; whether or not we should record/document oral tradition to preserve it via writing, recording etcor go back to the old ways of story telling Oral tradition: party of you, part of everyone, part of passing down history The walking dead Lack of language, culture, songs and dances Language extinction= cultural extinction Residential schools disrupted the communitypeople came back to see everything changed; loss of memories; culture How you came to be a human being/story of existence Story of land/how they became part of the land Only allowed to be told by the family they belong to Shown in potlatchs Dances are profession prerogatives

Familial

Strong connection to land (spiritual bond)

self-determination, self-governance, and sovereignty? 1/7/2014 12:34:00 PM

Midterm All readings, lectures, guest lectures and films, except for Henderson ch 3 Part 1: Identification Choice (Choose 4 or 5) 10 points each 5 points for id- 5 points for relevance

Part 2: Essay (60 points) choice (1 of 2 questions)

Recap: Glen Coultard: Politics of Recognition Larry Grant: Identity Clyde Tallio: Language, Culture, Indigenous Knowledge//Pride Rock film protect, preserve indigenous culture- how? Look at readings for the issues around Indigenous intellectual property issues Film- Residential Schools for assimilation of indigenous cultures- official apologies- 2008 Canada Australia Bc-nisgaa homecoming (cbc article) UNPFII What is the difference b/w self-determination, self-governance, and sovereignty?

Sovereignty International Law Understanding Absolute power or authority Independence of a nation state, statehood

Totality of International Powers (Crawford 1979) External Sovereignty

Internal Sovereignty= political and legal authority within nation-states (DePuis 1987, Lashi 1921) Federalism Exists within a sphere of authority Indigenous Sovereignty Asch (Aboriginal Self-government) Indigenous nations had equal sovereignty at contact Does not extinguish without consent, negotiation Passage of time does not provide legitimacy Goes against Doctrine of Discovery BC does not even have treaties Two impulses operating simultaneously and in total internal conflict with each other o In south pacific, british treatied with Maori o Australia no treaties o Inconsistent **passage of time does not provide legitimacy of conquest o THERE WAS NEVER A CONSENT GIVEN Macklem (Disturbing Sovereignty) Best justification for indigenous sovereignty lies in distributive justice arguments o Fairness, equality, crown proprietorship of land is primary Alfred (Sovereignty) Incompatible with Indigenous Notions of Power Maintains colonial structure **v.important **DO HIS REAIDING

Indigenous Self-Determination Thuen (Saami Peoplehood): o Protect (and enhance) cultural distinctiveness o Right to decide own affairs (self-government) o No territorial demarcation Crosses borders Control of resource management

 **how is this different from Alfred o saami have a comfortable relationship with the Norweigan state; Aboriginal Self-Governance Definition o Degree of exclusion from the main polity (Wilkins Reserves, tribal councils, band councils Key diff b/w US and Canada: US tribal nations have sovereignty, own tribal courts, judiciary, redistribution of goods; non-members on native land how much sovereignty does the tribe have.. Most, not all, indigenous peoples have a desire to exercise some measure of political, economic, and cultural decision-making for themselves, separate from the surrounding state (Wilkins) Alfred/Coulthard critique

Self-Determination United Nations meaning Appears in: o UN charter o Universal declaration of Human Rights o International convention on civil and political rights (ICCPR) o Other human right instruments All peoples have the right of self-determination Inherent, not a delegated, right

Self-Determination & UN Decolonization Associated with decolonization regime (from 1950s) Inherent right of all peoples formerly colonized peoples can choose their relationship to other political communities or states (Wilmer) salt water thesis exclusion o ***developed out of 1950s decolonization UN regime; US and Canada on defense; o decolonization would mean only territories located over salt water usually meant independence, sometimes joining other state

UN DECLARATION ON THE RIGHTA OF INDIGENOUS PEOPLES recognized indigenous peoples as having right of self-determination protection for existing state sovereignty decoupled sovereignty from self-determination o decouples sovereignty from self-determination (Lightfoots argument) changed UNs meaning of self-determination shifted away from sole state centric construction

Indigenous Self-Determination indigenous peoples have the right to freely determine their own affairs as well as the degree of integration within a state (Lightfoot 2009) can be secured through a standards that exist either within states, and/or outside the bounds of Westphalian states more plural, multi-faceted view of self-determination increasing use of term among indigenous peoples normative standard: strongest interpretation of self-determination o how its operationalized is completely different weakest of all possible understanding LAND FIRST NATIONS PROPERTY OWNERSHIP ACT Tom Flanagan has offered this proposed act as a solution to the First Nations land problems in Canada We read a short web piece Ch 10 from his 2010 book, Beyond the Indian act New System Full ownership of property, individually or collectively- converts to fee-simple title for Nation and for individuals Voluntary Remove a First Nation from the Indian Act Land can be bought, sold, mortgaged, and taxed no real raw power associated with

Arguments For: Capitalist development; funding streams

Arguments against: What about state restitution?

USA CASE 1871: US congress unilaterally ends treaty-making with Indian Tribes 1887: General Allotment At (Dawes Act) authorized secretary of the Interior to survey tribal landdivide into individual allotments individuals could select or be assigned parcels from 40-160 acres after private allotments assigned, non-alloted land sold as surplus to non-Indians settlers 1906: Burke Act secretary of Interior decided if an Indian was competent to manage land and own affairs if yes land removed from trust status and declared taxable with or without individuals knowledge or consent land loss through tax foreclosure auctions land loss of 90 mil acres

lots of lands losteffects are still very strongly with us

March 4: Resistance
Final exam is cumulative.. Tracks of Indigenous Resistance Indigenous Resistance to Colonialism Violent Direct Action Zapatistas Non-violent Global indigenous movement Politics of Shame Non-violent Direct Action Idle No More Movement

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March 20, 2014

Not international law, not legally enforceable

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Set of standards- global consensus Domestic courts Persuasive, political document Implement on a state by state basis International change Added collective rights to human rights consensus Brought indigenous people to colonization Bare minimum international standard of indigenous peoples rights Individual and collective rights Morally binding IMPLICATIONS OF DECLARATION Negotiated b/w indigenous peoples and states, compromise document Interpretive: explains application of human rights to indigenous peoples (Post)Post-colonial meaning of self-determination Human rights cannot be discriminatory Cannot be used against UN charter or to dismember a state Focus: justice Defines, provides framework for new indigenous-state relationship: mutual respect Old international order is problematic pluralism

Domestic: Public pressure (varies by state (lightfoot)) or government (Kymlicka) Domestic courts Legislative changes Policy changes Constitutional changes

Implementation Avenues- 1 Domestic implementation 2007: Belize supreme court: national govt must recognize the customary land tenure of Maya. Why does that matter? Former british colony; gov is of british descent

First country to reference DRIP in court decision

2007: Bolivia First country to inscribe DRIP into national law Incorporated into constitution in 2009 2008: Maine, Arizona, City of Phoenix passed resolutions of support 2008: Ecuador new constitution first country to entrench DRIP in constitution 2011: Republic of Congo legislation to uphold provisions of the DRIP, including recognition of land and resources rights, state protection of indigenous title. Remarkable for an African Country. Hasnt been a lot of activity since 2011 Implementation Avenues- 2 International Treaty Mechanisms Committee on the Elimination of Racial Discrimination (CERD) o Every country every few years on a rotating basis comes before the CERD; has to issue a report; recommendations given to state to adjust its policies Based on UN treaty- monitoring mechanism 18 independent experts monitor and implement treaty all countries that signed treaty must submit reports CERD reviews and issues recommendations Used against: New Zealand, Canada, US

Implementation Avenues- 3 UN Mechanisms Universal periodic review of human rights council Special rapporteur: gather info about sitch of ind. people across various countries; try to disseminate the info to UN and other countries; form proposals/recommendations about issues. Current: James Ineya Expert mechanism on the Rights of Indigenous Peoples

o Advisory body that does research/provides info to the UN UNPFII

UN Permanent Forum on Indigenous Issue Information gathering and dissemination First meeting in 2002 Meets annually in New York 3000 participants 2 week meeting Advisory body to ECOSOC o Expert advice o Raise awareness o Disseminate information Holding states accountable Rules of Procedure (ECOSOC) Meetings will be called to order by the Chair. Chair will only open the meeting when a quorum is present. A quorum means 1/3 of the membership, i.e. the Member States. 22 state members- quorum= 8 states present. Open each session within a moment of silence- indigenous spiritual/cultural expression would take place. All business will be conducted in English. It will be assumed that everyone has entered their name and org/state on the speakers list and will be called up on by the chair to address the forum After addressing the Forum, all speakers turn in a copy of their statement for the record.

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1/7/2014 12:34:00 PM Honduras Coup detat Mncs and exploitation Violent conquest and legal concession of indig. Land Timber, mining etc encroach upon indig. Land. Indig leaders charged with usurpation of their own land

Solutions: International cooperation; US should punish Honduras Inclusion of indig. Representatives in governmental bodies Congress of Homong Hill Tribes Indonesia Diversity protection of minorities