In modern society the question of why the aboriginal population receives benefits often arises. Much of today’s youth does not understand that the Native American people were often stripped of their rights in the past in order to gain these advantages. Two main incidents were established in the Aboriginal history, the first was the treaties that spread across Canada and the second incident was the Indian Act of 1876. The main difference between the Indian Act and treaties were the aboriginal’s role in the decision-making. Treaties allowed for a compromise between the Natives and the government that allowed for benefits on both ends whereas the Indian act
The rights and freedoms of Aboriginals have improved drastically since 1945 with many changes to government policy, cultural views and legal rules to bring about a change from oppression to equality. Unfortunately on the other hand, some rights and freedoms have not improved at all or have even worsened.
The rights and freedoms of Aboriginal people have changed significantly during the 20th century after facing many years of neglect and inequalities. In that time, change in indigenous rights and freedoms was brought about as a result of government policies, political activism and legal changes.
Although the Canadian government has done a great deal to repair the injustices inflicted on the First Nations people of Canada, legislation is no where near where it needs to be to ensure future protection of aboriginal rights in the nation. An examination of the documents that comprise the Canadian Constitution and the Charter of Rights and Freedoms reveal that there is very little in the supreme legal documents of the nation that protect aboriginal rights. When compared with the United Nations Declaration on the Rights of Indigenous Peoples it is clear that the Canadian Constitution does not acknowledge numerous provisions regarding indigenous people that the UN resolution has included. The most important of these provisions is the
These ‘White Papers’ focused on the social and economic problems that were rampant within the First Nation communities and was considered to be humane because of the fact that Native peoples were integrated within mainstream society [pp.6]. These problems were ‘highlighted’ through the result of various studies conducted by the Department of Indian Affairs and Northern Development from 1966 to 1969 and became the basis of the ‘White Paper’. Although the paper was ultimately defeated, these beliefs were brought into mainstream society and became a more idolized form of modernizing the Aboriginal peoples. This form of ‘helping’ the First Nations peoples was the Department of Indian Affairs and Northern Development [D.I.A.N.D] way of dissolving the First Nations reservations. These institutionalized ideologies were masked as social and economic reforms that addressed the First Nation communities [pp.5-6]. Such reforms include the state of welfare on First Nation communities, re-educating the youth, and the identification of a First Nations person according to the government, which also includes the apology that Prime Minister Harper spoke on June 11th, 2008. These ideals have become the driving force behind the United Nation’s ‘Universal Declaration of Indigenous Rights’. This declaration has yet to be signed by Canada for a variety of reasons, one of them being that it is in direct violation of Article 25, which is a right to social services and health
The First Nations people of Canada have a long list of treaty rights, as well as many undefined aboriginal rights, from their right to hunt and fish on their land to housing and annuities. However, it’s not all gift-giving and sunshine; while the government of Canada is supposed to respect their rights to hunt on their land and the right to hold title to their land, there are many disputes such as the Ron Sparrow case and the Oka Crisis that show that the Aboriginal peoples’ inherent rights are not always respected, with cases such as that of Don Marshall that show that the government might not exactly be on the First Nation’s side.
Human rights are the rights of humans, regardless of nationality, gender, race, or religion. We should all have this in common as we are all part of humanity. However, Indigenous people did not always have these rights (Ag.gov.au, 2015). Aside from basic human rights, Indigenous people also have their own rights specific to their culture. Before 1967, Indigenous people had different rights in different states and the Australian federal government did not have any jurisdiction over Aboriginal affairs until Australia’s constitution was amended for this purpose in 1967 (Moadoph.gov.au, 2015). Between 1900 and the present time, there have been significant changes to the rights of Indigenous Australians. The effects of the European Settlement on the Indigenous people of Australia have been devastating. When white people began arriving in Australia, the Aboriginal people believed them to be ghosts of ancestor spirits. However, once they realised the settlers were invading their land, the Aborigines became, understandably, hostile (Slater & Parish, 1999, pp.8-11). In 1788, the total Indigenous population was believed to be between 750,000 and one million. By 1888, the Indigenous population was reduced to around 80,000 Australia wide (Korff, 2014). The three main reasons for this dramatic decline were the introduction of new diseases, violent conflicts with the colonisers, and settlers acquiring Indigenous land (Digital, 2015). In 1848, the Board of National Education stated that it
Joffe, P., Hartley, J., & Preston, J. (2010). Realizing the UN Declaration on the Rights of Indigenous Peoples: Triumph, hope, and action. Saskatoon: Purich Pub.
The Declaration of The Rights of Man and of Citizens begins with a clear stipulation of intrinsic freedom and equality in every man. Equality, therefore, seems to be an appropriate place to begin. The Declaration defines our equality in relation to our rights, such that we are all born with the same entitlements and among them the right to perpetuate such rights throughout our lives.
Historically, Indigenous people have faced discrimination, colonization and assimilation from the Europeans and government. Their privileges to health care, education, tax exemptions etc. are very little benefits to the horrific past Indigenous people have had to face involving the European people and government.
In this article, McIvor discusses the history of Aboriginal Land Claims in Canada, and how they have been handle in the past. The article also suggests that the Canadian government’s plan to extinguish Indigenous people’s interest in their lands is wrong, and they should instead, recognize Aboriginal Title. This suggests that the Canadian government should adopt a new policy that is coherent with the principles underlying the United Nations Declaration on the Rights of Indigenous People. Dr. Bruce McIvor is the principle of First Peoples Laws, that is an organization that is dedicated to defending Aboriginal Rights. He has practiced law for many years, and therefore is qualified to write his opinion of the subject. My study focuses on issues
The 2007 The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) states that ‘Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development’. The right to self-determination is born from the legal and cultural acknowledgement of Indigenous peoples as Australia’s first settlers, and is important in the context of the Australian Legal System. Self-determination may be used by the courts to interpret domestic legislation, as well as
Each individual makes up the society as it is, and various characteristics and beliefs makes up an individual. Although, individual lives together with a variety of personal ideologies, emotions, cultures, and rituals, they all differentiate one person from the other making up one’s own identity. This identity makes up who one is inside and out, their behaviour, actions, and words comes from their own practices and values. However, the profound history of Indigenous people raises question in the present about their identities. Who are they really? Do we as the non-native people judge them from the outside or the inside? Regardless of whether the society or the government were involved in their lives, they faced discrimination in every
This webpage outlines the discussion of the 2014 United Nations (UN) world conference on indigenous peoples. It brings together in succinct detail the outcomes and objectives, promoting the implementation and advancement of Indigenous peoples rights. The Human Rights Commission mentions only the UN which could suggest bias. However, the UN is made up of a multitude of organisations and governing bodies that give the source authority.
Indigenous people are those that are native to an area. Throughout the world, there are many groups or tribes of people that have been taken over by the Europeans in their early conquests throughout the seventeenth and eighteenth centuries, by immigrating groups of individuals, and by greedy corporate businesses trying to take their land. The people indigenous to Australia, Brazil and South America, and Hawaii are currently fighting for their rights as people: the rights to own land, to be free from prejudice, and to have their lands protected from society.