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Indigenous Sovereignty in State-Native Conflicts: a Comparative Study of Process and Outcomes

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Indigenous Sovereignty in State-Native Conflicts: a Comparative Study of Process and Outcomes University of Denver Digital Commons @ DU Electronic Theses and Dissertations Graduate Studies 1-1-2009 Indigenous Sovereignty in State-Native Conflicts: A Comparative Study of Process and Outcomes Christina Farnsworth University of Denver Follow this and additional works at: https://digitalcommons.du.edu/etd Part of the Indigenous Studies Commons, and the Social and Cultural Anthropology Commons Recommended Citation Farnsworth, Christina, "Indigenous Sovereignty in State-Native Conflicts: A Comparative Study of Process and Outcomes" (2009). Electronic Theses and Dissertations. 806. https://digitalcommons.du.edu/etd/806 This Thesis is brought to you for free and open access by the Graduate Studies at Digital Commons @ DU. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. INDIGENOUS SOVEREIGNTY IN STATE-NATIVE CONFLICTS A COMPARATIVE STUDY OF PROCESS AND OUTCOMES ___________________ A Thesis Presented to the Faculty of the University of Denver and the Faculty of Social Sciences ___________________ In Partial Fulfillment of the Requirements for the Degrees Master of Arts in Anthropology Master of Arts in Conflict Resolution ____________________ by Christina D. Farnsworth August 2009 Advisors Richard Clemmer-Smith and Tamra Pearson d’Estrée Author: Christina D. Farnsworth Title: INDIGENOUS SOVEREIGNTY IN STATE-NATIVE CONFLICTS: A COMPARATIVE STUDY OF PROCESS AND OUTCOMES Advisors: Richard Clemmer-Smith and Tamra Pearson d’Estrée Degree Date: August 2009 ABSTRACT Using the United Nations Declaration on the Rights of Indigenous Peoples, this study was designed to understand how indigenous groups assert their sovereign rights in conflict situations, and how they can be most successful in doing so. Two instances of indigenous-state conflict were analyzed and compared both to each other and to a baseline of what sovereignty in conflict is, based on the United Nations Declaration. Data to be analyzed and compared was gathered through extensive archival research and interviews with tribal members and other interested parties. The results documented the interaction between indigenous groups and state/provincial and federal governments in conflict, and suggested that indigenous groups should assert their sovereignty both in the courts, for long-term success, and using other methods to build a power base that will contribute to short-term success. The data also suggests that key components necessary for indigenous groups in general to assert sovereignty in conflict situations include a united front with strong leadership and no corruption; having enough strength to gain attention and assert sovereignty; a continuous assertion of sovereignty through action; and an ability to see beyond the legal paradigm in using other methods either alone or in conjunction with appealing to the courts. These conclusions lead to suggestions for ways that indigenous groups can improve their assertion of sovereignty in conflict situations. The study itself also gives a guide to those engaged in similar situations as to how sovereignty can be better respected in resolution processes and outcomes. ii TABLE OF CONTENTS CHAPTER 1: INTRODUCTION ....................................................................................................... 1 CHAPTER 2: BACKGROUND ......................................................................................................... 4 Theoretical Background ............................................................................................................... 4 Sovereignty .................................................................................................................................. 8 Indigenous Sovereignty ......................................................................................................... 11 Conclusions about Indigenous Sovereignty .......................................................................... 15 Three Frameworks of Indigenous Sovereignty ..................................................................... 16 Conclusions on Three Frameworks of Indigenous Sovereignty ............................................ 35 Conflict Resolution in Sovereignty Conflicts .............................................................................. 37 CHAPTER 3: RESEARCH METHODS .......................................................................................... 50 General Methods ....................................................................................................................... 50 Ethical Considerations ............................................................................................................... 51 Theoretical Framework .............................................................................................................. 52 Conflict Analysis ........................................................................................................................ 55 Conflict Framework ............................................................................................................... 55 Method for Researching ........................................................................................................ 66 Sovereignty Analysis ................................................................................................................. 68 Sovereignty Framework ........................................................................................................ 68 CHAPTER 4: CASE STUDIES ...................................................................................................... 69 Orme Dam ................................................................................................................................. 70 Conflict Analysis .................................................................................................................... 70 Tribal Assertion of Sovereignty ............................................................................................. 90 Degree of Tribal Sovereignty Possessed ............................................................................ 105 Conclusions on Orme Dam ................................................................................................. 108 Oldman River Dam .................................................................................................................. 109 Conflict Analysis .................................................................................................................. 109 Tribal Assertion of Sovereignty ........................................................................................... 127 Degree of Tribal Sovereignty Possessed ............................................................................ 139 Conclusions on the Oldman River Dam .............................................................................. 141 CHAPTER 5: RESULTS .............................................................................................................. 142 Conflict Resolution Processes Used ....................................................................................... 142 Sovereignty Assertion in Conflict Resolution Processes ......................................................... 143 Sovereignty in Process Outcomes .......................................................................................... 145 Theoretical Analysis ................................................................................................................. 146 Degree of Tribal Sovereignty Possessed ................................................................................ 150 CHAPTER 6: SUMMARY AND DISCUSSION ............................................................................ 152 Summary.................................................................................................................................. 152 Research Question .............................................................................................................. 152 Limitations ................................................................................................................................ 152 Comparison of Current Data to Prior Research Findings ........................................................ 153 Recommendations for Further Study ....................................................................................... 154 Conclusions ............................................................................................................................. 154 BIBLIOGRAPHY - PUBLISHED ................................................................................................... 160 iii BIBLIOGRAPHY – UNPUBLISHED ............................................................................................. 171 APPENDICES .............................................................................................................................. 176 Appendix A — Consent Form Template .................................................................................. 176 Appendix B — Interview Questions ......................................................................................... 177 Appendix C — Orme Controversy Timeline ............................................................................ 179 Appendix D — Oldman Controversy timeline .........................................................................
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