Treaty Rights Of Indigenous People

Indigenous people as defined by the Cobo report (1987) are “a group having a historical

Indigenous peoples are undeniably some of the toughest and most courageous peoples that have ever walked the Earth. The horrific events that have shaped their past could have easily been enough to wipe out their race as a whole, but instead of allowing it to beat them down they remained resilient and are even pushing back in order to change the way the public views them. Eve Tuck and an author from Pine Ridge have spoken out in hopes to gain a consensus about viewing indigenous peoples in a different light - one that identifies their strength instead of their pain. Before delving into the main context of the paper, I want to first summarize the arguments of Eve Tuck and the author from Pine Ridge in order to assure the rest of the paper is

During the late 1970’s the American Indian community acquired its greatest achievements in the battle for equal rights. But it would not have been possible to achieve without the following three major events, which gave growth and prosperity to the American Indian Nation, the Occupation of Alcatraz Island, the Siege of Wounded Knee, and the BIA take-over. These events instigated the up rise of aboriginal peoples in the quest for fair treatment. Ultimately resulting in the sovereignty of Indigenous people.

The article “Why question the rules” written by Larissa Behrendt in 2003 is a compelling piece that shines a light on the gap in Indigenous peoples lives and the psychological ‘terra nullius’ that continues due to the lack of understanding by nonindigenous people that the indigenous feel (Behrendt, 2003). Behrendt is concerned in making long-term, permanent changes to regional framework agreements, constitutional protections, economic redistribution and creating a treaty, just to mention a few (Behrendt, 2003).

For decades, Controversial and intrusive piece of federal legislation governed almost all aspects of Aboriginal life, from the nature of band governance and land tenure systems to restrictions on Aboriginal cultural practices. Most critically, the Indian Act defines the qualifications for being a “status Indian,” and as such has been the centerpiece of Aboriginal anger over federal attempts to control Aboriginal identity and membership. Since being passed by Parliament in 1876, the Indian Act has been the touchstone for Aboriginal affairs in Canada. Few documents in Canadian history have generated as much debate, anger and sorrow as the Indian Act. Yet the legislation persists as a central element in the management of Aboriginal affairs in the country. While Aboriginal anger with historic and current terms of the Indian Act is deep and powerful, Indigenous politicians and governments remain strongly divided as to the value and purpose of the legislation. This is hardly surprising, given that the political structures and political cultures of Aboriginal communities across the country have, for generations, been created and distorted by the imposition of Indian Act government systems

Indigenous are tribal people who identify themselves as indigenous people. They inhabited a region in a country, generations to generations, which is surrounded by national resources. Their social, cultural and economic conditions distinguish them from countrywide communities, and their customs or traditions, special laws or policy are governed by their own set of regulations, entirely or partly. They are determined to maintain and further develop their identity and distinct social, economic, cultural and political institutions as distinct peoples and community, (“UNITED NATIONS PERMANENT FORUM ON INDIGENOUS,” 2008, p. 7-9).

People tend to forget that the Indigenous peoples traditions and cultures run much deeper then many think. As we have learned from the changes that have occurred after colonization and the displacement of these individuals these are people with strong self-determination. Although many people view them as sad, broken and dying there is many reasons why these people still exist today. As explained by Stephen Cornell in “American Indian Self-Determination”, only about 1.5 percent (4.7 million AI/AN people) of the total population today is made up of American Indian and Alaska Natives (Cornell, p.3). So we ask ourselves what must a population so small do to gain recognition and credibility as people of change and intelligence?

One of the main interest groups that help brings support and attention to ICWA is the National Indian Child Welfare Association (NICWA). NICWA is a private, nonprofit, membership organization based in Portland, Oregon (www.nicwa.org). The members the represent this organization includes tribes, individuals, both Indian and non-Indian. This is a private organizations that provides help around the United States that is concerned with American Indian child and family issues, which partners, board and staff, of the American Indian people helps protect the most vital resource of the culture which includes the children.

(2009). The Convening of Indigenous Peoples for the Healing of Mother Earth. Retrieved from http://www.afn.ca/uploads/files/env/palenque2009.pdf

(Berger 214) His commitment to engaging in genuine discussion with indigenous communities, and to providing them with a platform to have their voices heard by Southern Canada is clearly evident. For example, regarding the notion of land he states that “the native people's relationship to the land is so different from that of the dominant culture that only through their words can we comprehend it.” (137) Berger's approach, which is largely focused on dialogue, demonstrates his treatment of the natives as active participants in his research with meaningful contributions. Furthermore, his approach is results-driven, as his recommendations follow from consideration of their potential consequences. This is similar to the “emancipatory research” Smith describes, which aims to empower communities and support their betterment.

The common denominator of the five articles we read this week was the Indigenous activism against colonialism. In Winona Laduke’s article, “Idle No More: Native People Challenge,” the author tackles the environmental problems caused by most Canadian government. Activist and Indigenous chief of Attawapiskat Theresa Spence decided to go a hunger strike protesting. Spence and her movement of Idle No More drew attention to some sad conditions in Native reserves and communities (LaDuke, Par 1). The use of social media such as Facebook and Twitter have helped the movement to spread their message more efficiently because communities such as Attawapiskat and Kashachewan are remote communities that have received very little attention due to lack of information (LaDuke, Par 28).

In 1995 emphasis was beginning to be put on the need for indigenous rights. One of the most visible actions that the EZLN took that signified this

In 1946, after decades of debate, the U.S. Congress passed the Indian Claims Commission Act (“ICCA”) for the purpose of creating a process to expedite the resolution of tribal claims. The ICCA authorized the

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.

In the United States, the indigenous people have been treated unfairly since colonization first began. Indigenous people are treated like they are less than humans. This is not only seen in the United States, but instead is seen all across the country. The unfair treatment and lack of respect for indigenous people led to the need for a document declaring their rights. On September 13th, 2007, the United Nations adopted The Declaration on the Rights of Indigenous Peoples.This document included several themes relating to the rights of indigenous people, including their foundational rights, life and security, language, cultural and spiritual identity, education, employment, self-governance, and several others. As mentioned in lecture, with these themes, the document aimed to encourage nations to work with indigenous people to solve global issues.