Human Rights, Truth, and Reconciliation in Canada

Total Page:16

File Type:pdf, Size:1020Kb

Human Rights, Truth, and Reconciliation in Canada University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 12-2014 They Made Us Unrecognizable to Each Other: Human Rights, Truth, and Reconciliation in Canada Jaymelee Jane Kim University of Tennessee - Knoxville, [email protected] Follow this and additional works at: https://trace.tennessee.edu/utk_graddiss Part of the Anthropology Commons, and the Indigenous Studies Commons Recommended Citation Kim, Jaymelee Jane, "They Made Us Unrecognizable to Each Other: Human Rights, Truth, and Reconciliation in Canada. " PhD diss., University of Tennessee, 2014. https://trace.tennessee.edu/utk_graddiss/3144 This Dissertation is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a dissertation written by Jaymelee Jane Kim entitled "They Made Us Unrecognizable to Each Other: Human Rights, Truth, and Reconciliation in Canada." I have examined the final electronic copy of this dissertation for form and content and recommend that it be accepted in partial fulfillment of the equirr ements for the degree of Doctor of Philosophy, with a major in Anthropology. Tricia R. Hepner, Dawnie W. Steadman, Major Professor We have read this dissertation and recommend its acceptance: Amy Z. Mundorff, Joshua Inwood Accepted for the Council: Carolyn R. Hodges Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) They Made Us Unrecognizable to Each Other: Human Rights, Truth, and Reconciliation in Canada A Dissertation Presented for the Doctor of Philosophy Degree The University of Tennessee, Knoxville Jaymelee Jane Kim December 2014 Copyright © by Jaymelee Jane Kim All rights reserved. ii For Everyone- my family, my partners, my lovers, my friends, and my colleagues- because life is a team effort. All my relations. iii ACKNOWLEDGEMENTS There are a seemingly endless number of people who have helped me on this journey. Many important names may go unmentioned, but they are no less appreciated. Foremost, I would like to thank my research participants for embracing me into their communities and sharing their lives with me, especially several key informants who revealed vulnerable and amazing things. Additionally, I would like to acknowledge the Musqueam, Tsleil-waututh, and Squamish who so generously welcomed me into their traditional territories as well as all other Indigenous peoples who supported me throughout this experience. Personally, I am indebted to my family, friends, witnesses, and mental health care providers who have supported me tirelessly. These years have been trying and not without their challenges; it has been especially difficult to support my family over distance (and vice versa) and always-too-brief visits. My twenty-two nieces and nephews, ten siblings, parents, and grandmother have had to experience our relationships over great geographic space, feeling the brunt of my absence. I give special thanks to members of my family who have endured: Joseph, Jen, Jason, Uncle Linn, Dung, Emily, Kelly, and especially my Grandma Faye and my parents Christine and Byung Choon. Those who are no longer with us, but remain inspirational in my life include Joshua, Rick, and Grandma Betty. Over the course of my studies, my family, the Lamberjacks, Laurie, Kay, Jim, and my BK family have helped sustain me. My dearest friends and water brothers, including Adrianne, Patrick, Matt, Lauren, Kris, Mandy, Timmie, Kevin, The Orchids, Sam, and Doug have continued to encourage me, with some opening their hearts and souls to me in humbling and life changing ways. From them I have learned much. Particularly in the last few years my colleagues, such as Alice, Katie, Tyler, Christina, and Hillary have fostered a positive and inclusive professional environment-- an often overlooked yet critical component for success. iv My sister, Dinah, has been amazing and supports me more than I ever could have imagined. Amanda quite literally took care of my through poor health and continues to be one of my strongest champions. For these last two I can only hope to repay their support, and there are no words to adequately describe what they mean to me. Some have shared my life for moments and others for my lifetime, some as partners and some as friends, and I acknowledge how lucky I am to be so loved. Additionally, a long line of impressive and tenacious individuals have advised and mentored me throughout my academic career, and for this I feel the utmost gratitude. Jessica, Pat, and Fritz guided me through my undergraduate studies and taught me the personal value of professional collaboration, interdisciplinary approaches, applied experience, mutual support, and persistence. The taught me that there was always a way. Succeeding them, my Master’s advisor, Murray, and my dissertation co-chairs Trish and Dawnie privileged me with their thoughtful critiques, counsel, and most importantly-- their trust. Despite my constant challenge of norms, be they social or academic, they have stood by side and over time, deeply valued relationships have formed for which I am immensely grateful. Others who have guided me include Ben, Amy, Josh, Mark, and my department head, Andy, who had faith in my abilities and gave me the opportunity to succeed. My education, travels, field work, and professional as well as personal relationships have taught me more about myself and the beautiful complexity of humanity than I could have ever anticipated. Over these years I have undergone great personal growth in addition to my academic achievements, and I am eternally grateful to all those who contributed along the way. Last, but not least, I would like to acknowledge that the research presented herein is based on work funded by University of Tennessee Center for International Education’s McClure v scholarship and the Wenner-Gren Foundation (Grant No. 8649). In addition, this material is based upon work supported by the National Science Foundation under (Grant No. SBE- 1323160). I would like to thank these funding agencies and grant reviewers for believing in me and my work; receiving their financial support and feedback has been an honor. vi ABSTRACT Presented herein are the findings from an ethnographic analysis of the perceived efficacy of Canada’s transitional justice framework; an approach being used to address human rights violations that occurred via the Indian residential school system. With these findings and archival research, I argue that transitional justice is not perceived as an effective solution for nation-states with long histories of colonialism and institutional violence. From the 1840s until 1996, Canadian Aboriginals suffered forced assimilation, sexual abuse, and physical abuse in government-sponsored and church-administrated boarding schools. The Canadian government began to actively address these crimes in 2006 with the negotiation of the Indian Residential School Settlement Agreement. The agreement utilizes transitional justice tools (e.g. monetary reparations, investigative truth and reconciliation commission, grave excavation) typically employed in countries undergoing a transition in political regimes or from war to peace. Using a transitional justice framework and based on data gathered primarily in the lower mainland of British Columbia, this research 1) uses critical discourse studies to analyze the use of "reconciliation" by various stakeholders, and how varying definitions affect perceptions of transitional justice, 2) discusses how knowledge production influences perceptions of transitional justice on the ground and the associated research; 3) uses a lens of structural violence to argue that transitional justice is not perceived as an effective tool in and of itself by marginalized groups when employed in a colonial context; and 4) contends that when applying a universal transitional justice framework to local contexts, structural violence and neocolonialism can be used to problematize the narrative that is produced. Contributing to critical anthropological debate, this research investigates the sociopolitical factors that influence transitional justice in a non-transitioning society that operates with a legacy of institutionalized discrimination and colonization of Native peoples. Broadly, vii these findings can inform the applied work of transitional justice facilitators, including government officials, lawyers, and anthropologists. viii PREFACE First and foremost, I would like to thank and acknowledge the Musqueam, Tsleil- Waututh, Squamish, and all Coast Salish people for allowing me to live and work in their traditional territories. I am honored. Throughout this document the term survivor is used to describe those affected by the residential schools. I understand that not everyone prefers this description, but I elected to use the most commonly-accepted term amongst Natives with whom I interacted. Furthermore, the writing style employed in this dissertation encourages the reader to piece together information that I have provided but also may at times make the reader uncomfortable. That is the intention. For the non-Indigenous, at times the language may feel too vague when making cultural references, creating an unsettling sense of being “the Other.”
Recommended publications
  • Marie Laing M.A. Thesis
    Conversations with Young Two-Spirit, Trans and Queer Indigenous People About the Term Two-Spirit by Marie Laing A thesis submitted in conformity with the requirements for the degree of Master of Arts Department of Social Justice Education Ontario Institute for Studies in Education University of Toronto © Copyright by Marie Laing 2018 Conversations with Young Two-Spirit, Trans and Queer Indigenous People About the Term Two-Spirit Marie Laing Master of Arts Department of Social Justice Education University of Toronto 2018 Abstract Since the coining of the term in 1990, two-spirit has been used with increasing frequency in reference to Indigenous LGBTQ people; however, there is rarely explicit discussion of to whom the term two-spirit refers. The word is often simultaneously used as both an umbrella term for all Indigenous people with complex genders or sexualities, and with the specific, literal understanding that two-spirit means someone who has two spirits. This thesis discusses findings from a series of qualitative interviews with young trans, queer and two-spirit Indigenous people living in Toronto. Exploring the ways in which participants understand the term two-spirit to be a meaningful and complex signifier for a range of ways of being in the world, this paper does not seek to define the term two-spirit; rather, following the direction of research participants, the thesis instead seeks to trouble the idea that articulating a definition of two-spirit is a worthwhile undertaking. ii Acknowledgments There are many people without whom I would not have been able to complete this research. Thank you to my supervisor, Dr.
    [Show full text]
  • From Sovereignty to Self-Determination: Emergence of Collective Rights of Indigenous Peoples in Natural Resources Management
    From Sovereignty to Self-Determination: Emergence of Collective Rights of Indigenous Peoples in Natural Resources Management SHAWKAT ALAM* AND ABDULLAH AL FARUQUE** ABSTRACT The principle of permanent sovereignty over natural resources (ªPSNRº) is now widely recognized as an important principle of international law. It derives its meaning from the instrument that is widely regarded as establish- ing its status in international lawÐthe United Nations (ªU.N.º) General Assembly Resolution 1803 (XVII) of 14 December 1962, ªPermanent Sovereignty over Natural Resourcesº (ªthe 1962 Declarationº). The pream- ble to the 1962 Declaration de®nes the principle, asserting that any measure in respect of PSNR ªmust be based on the recognition of the inalienable right of all States freely to dispose of their natural wealth and resources in accordance with their national interests, and on respect for the economic in- dependence of States.º However, since its inception in the second half of the twentieth century, PSNR has been increasingly considered as a principle ex- pressive of the right of peoples, not just states. Indeed, there is a discernible trend of extending the principle of PSNR to the interests of indigenous peo- ples so that they can exercise control over their traditional lands and territo- ries. Indigenous peoples are receiving increasing attention in international instruments. States are now under an obligation to exercise permanent sov- ereignty on behalf of their indigenous communities, as well as for the bene®t of their citizens as a whole. The exercise of three particular rights of indige- nous peoplesÐthe right to self-determination, the right to traditionally own land and resources, and the right to prior informed consentÐcan help indig- enous peoples exercise their right to permanent sovereignty within the nation state.
    [Show full text]
  • A Hundred Years of Natural History the Vancouver Natural History Society, 1918–2018
    A Hundred Years of Natural History The Vancouver Natural History Society, 1918–2018 Susan Fisher and Daphne Solecki A Hundred Years of Natural History The Vancouver Natural History Society 1918–2018 A Hundred Years of Natural History: The Vancouver Natural History Society, 1918–2018 © 2018 Vancouver Natural History Society Published by: Vancouver Natural History Society Nature Vancouver PO Box 3021, Stn. Terminal Vancouver, BC V6B 3X5 Printed by: Infigo www.infigo.ca Hundred Years Editorial Committee: Daphne Solecki, Susan Fisher, Bev Ramey, Cynthia Crampton, Marian Coope Book design: Laura Fauth Front cover: VNHS campers on Savary Island, 1918. Photo by John Davidson. City of Vancouver Archives CVA 660-297 Back cover: 2018 Camp at McGillivray Pass. Photos by Jorma Neuvonen (top) and Nigel Peck (bottom). ISBN 978-0-9693816-2-4 To the countless volunteers who have served and continue to serve our society and nature in so many ways. Table of Contents Acknowledgements.......................................... 5 Preface........................................................ 6 The.Past.of.Natural.History............................... 8 John.Davidson.............................................. 13 Indigenous.Connections.................................. 16 Objective.1:.To.promote.the.enjoyment.of.nature... 21 Objective.2:.To.foster.public.interest.and.education. in.the.appreciation.and.study.of.nature..............35 Objective.3:.To.encourage.the.wise.use.and. conservation.of.natural.resources.and Objective.4:.To.work.for.the.complete.protection.
    [Show full text]
  • State of the World's Indigenous Peoples
    5th Volume State of the World’s Indigenous Peoples Photo: Fabian Amaru Muenala Fabian Photo: Rights to Lands, Territories and Resources Acknowledgements The preparation of the State of the World’s Indigenous Peoples: Rights to Lands, Territories and Resources has been a collaborative effort. The Indigenous Peoples and Development Branch/ Secretariat of the Permanent Forum on Indigenous Issues within the Division for Inclusive Social Development of the Department of Economic and Social Affairs of the United Nations Secretariat oversaw the preparation of the publication. The thematic chapters were written by Mattias Åhrén, Cathal Doyle, Jérémie Gilbert, Naomi Lanoi Leleto, and Prabindra Shakya. Special acknowledge- ment also goes to the editor, Terri Lore, as well as the United Nations Graphic Design Unit of the Department of Global Communications. ST/ESA/375 Department of Economic and Social Affairs Division for Inclusive Social Development Indigenous Peoples and Development Branch/ Secretariat of the Permanent Forum on Indigenous Issues 5TH Volume Rights to Lands, Territories and Resources United Nations New York, 2021 Department of Economic and Social Affairs The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environ- mental data and information on which States Members of the United Nations draw to review common problems and to take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint courses of action to address ongoing or emerging global challenges; and (iii) it advises interested Governments on ways and means of translating policy frameworks developed in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities.
    [Show full text]
  • Indigenous Creativity and the Public Domain – Terra Nullius Revisited?1
    Indigenous Creativity and the Public Domain – Terra Nullius Revisited?1 Mattias Åhrén 1 Introduction This chapter attempts to draw an analogy between the terra nullius doctrine and its efffects on indigenous peoples’ capacity to control their traditional ter- ritories, and the notion of a so-called public domain and its impact on who can access indigenous peoples’ respective cultural heritages. To what extent indigenous peoples2 have established rights over land through inhabitation and traditional use has been a concern of international law since its inception. It is generally held that the roots of the contemporary international legal system can be traced back to the second half of the 1600s. The international normative order that then gradually emerged did not only support the colonization of indigenous territories. It was indeed developed largely for facilitating European imperialism. Section 2 explains how the Euro- pean states invoked the principle of state sovereignty to proclaim the so-called terra nullius doctrine law, a theory that professed that indigenous peoples – due to the nature of their cultures – can hold no rights over land. Since the classical international legal system did not embrace human rights norms that could place checks and balances on the exercise of sovereignty, it was from an international legal perspective unproblematic that states invoked the terra nullius doctrine in order to make legal claims to indigenous territories. Section 3 articulates, however, how matters changed when, following the es- tablishment of the United Nations, human rights, including the right to equal- ity, were integrated into the international legal system. This development chal- 1 This chapter draws from a smaller part of a doctoral dissertation defended by the author in 2010 at The Arctic University of Norway – UiT, titled The Saami Traditional Dress and Beauty Pageants–Indigenous Peoples’ Ownership and Self-Determination Over their Cul- tures.
    [Show full text]
  • About the Caa / À Propos De L'aca
    ABOUT THE CAA / À PROPOS DE L’ACA The Canadian Archaeological Association (caa) was founded in 1968. Membership includes professional, avocational and student archaeologists, as well as individuals of the general public of any country, who are interested in furthering the objectives of the Association. The objectives of the caa are as follows: § To promote the increase and the dissemination of archaeological knowledge in Canada; § To promote active discourse and cooperation among archaeological societies and agencies and encourage archaeological research and conservation efforts; § To foster cooperative endeavours with aboriginal groups and agencies concerned with First Peoples’ heritage of Canada; § To serve as the national association capable of promoting activities advantageous to archaeology and discouraging activities detrimental to archaeology; § To publish archaeological literature, and; § To stimulate the interest of the general public in archaeology. ——— L’Association canadienne d’archéologie (aca) a été fondée en 1968. Ses adhérents comptent des archéologues dont c’est la profession ou un violon d’Ingres et des étudiants, ainsi que des membres venant du grand public et de n’importe quel pays, qui ont en vue de favoriser les objectifs de l’Association. Les objectifs de l’aca sont les suivants: § promouvoir l’accroissement et la propagation de connaissances archéologiques au Canada; § promouvoir une coopération et des échanges actifs entre les sociétés et les organismes archéologiques, et favoriser le travail de recherche et de conservation; § stimuler les efforts de coopération avec les groupes autochtones et les organismes concernés par le patrimoine canadien des Premières nations; § servir d’association nationale pouvant promouvoir les activités avantageuses pour l’archéologie et décourager les activités nuisibles à l’archéologie; § publier de la documentation archéologique; § stimuler l’intérêt du grand public pour l’archéologie.
    [Show full text]
  • Downloadasset.Aspx?Id=2126, Accessed 24 November 2013
    Escape into Nature: the Ideology of Pacific Spirit Regional Park by Marina J. La Salle M.A., The University of British Columbia, 2008 B.A., Simon Fraser University, 2006 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in THE FACULTY OF GRADUATE AND POSTDOCTORAL STUDIES (Anthropology) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) July 2014 © Marina La Salle, 2014 ABSTRACT This dissertation investigates the ideology of Pacific Spirit Regional Park, an urban forest adjacent to the University of British Columbia in Vancouver, Canada. Using the tools of archaeology and anthropology, I analyse the history, landscape, performance, and discourse of the park to understand Pacific Spirit as a culturally-constructed place that embodies an ideology of imperialism. Central in this dynamic is the carefully crafted illusion of Pacific Spirit as a site of “nature,” placed in opposition to “culture,” which naturalizes the values that created and are communicated through the park and thereby neutralizes their politics. They remain, however, very political. The park as nature erases the history and heritage of the Indigenous peoples of this region, transforming Pacific Spirit into a new terra nullius—a site to be discovered and explored, militaristic themes that consistently underlie park programs and propaganda. These cultural tropes connect to produce a nationalistic settler narrative wherein class ideals of nature and community are evoked in the celebration of Canada’s history of colonialism and capitalist expansion—paradoxically, the very processes that have caused the fragmentation of communities and ecosystems. The park as nature also feeds into the portrayal of this space as having been saved from development and, as such, an environmental triumph.
    [Show full text]
  • Dionisio Point Excavations
    1HE• Publication of the Archaeological Society of Vol. 31 , No. I - 1999 Dionisio Point Excavations ARCHAEOLOGICAL SOCIETY OF &MIDDEN BRITISH COLUMBIA Published four times a year by the Archaeological Society of British Columbia Dedicated to the protection of archaeological resot:Jrces and the spread of archaeological knowledge. Editorial Committee Editor: Heather Myles (274-4294) President Field Editor: Richard Brolly (689-1678) Helmi Braches (462-8942) arcas@istar. ca [email protected] News Editor: Heather Myles Publications Editor: Robbin Chatan (215-1746) Membership [email protected] Sean Nugent (685-9592) Assistant Editors: Erin Strutt [email protected] erins@intergate. be.ca Fred Braches Annual membership includes I year's subscription to [email protected] The Midden and the ASBC newsletter, SocNotes. Production & Subscriptions: Fred Braches ( 462-8942) Membership Fees I SuBSCRIPTION is included with ASBC membership. Individual: $25 Family: $30 . Seniors/Students: $I 8 Non-members: $14.50 per year ($1 7.00 USA and overseas), Send cheque or money order payable to the ASBC to: payable in Canadian funds to the ASBC. Remit to: ASBC Memberships Midden Subscriptions, ASBC P.O. Box 520, Bentall Station P.O. Box 520, Bentall Station Vancouver BC V6C 2N3 Vancouver BC V6C 2N3 SuBMISSIONs: We welcome contributions on subjects germane ASBC on Internet to BC archaeology. Guidelines are available on request. Sub­ http://home.istar.ca/-glenchan/asbc/asbc.shtml missions and exchange publications should be directed to the appropriate editor at the ASBC address. Affiliated Chapters Copyright Nanaimo Contact: Rachael Sydenham Internet: http://www.geocities.com/rainforest/5433 Contents of The Midden are copyrighted by the ASBC.
    [Show full text]
  • Beyond Reparations: an American Indian Theory of Justice
    OHIO STATE LAW JOURNAL VOLUME 66, NUMBER 1, 2005 Beyond Reparations: An American Indian Theory of Justice WILLIAM BRADFORD* It is perhaps impossible to overstate the magnitude of the human injustice perpetrated againstAmerican Indianpeople: indeed,the severity and duration of the harms endured by the original inhabitants of the US. may well rival those suffered by any other group past or present, domestic or international. While financialreparations for certainpast transgressionsmay be appropriateto some groups and situations, the historical and ongoing injustices committed against Indians living within the US. cannot be adequately understood in material terms. Although in recent decades various models of justice have been proposed in respect of a series of gross human injustices, incomplete and even erroneous understandingsof the nature of Indian claims and an overly narrow conception of the potential parameters of remedial justice render these approachesineffectual. This Article presents a alternative theory of justice, termed "Justice as Indigenism" (JAI). As applied JAI commits its practitioners to a sequential process consisting of seven distinct stages: acknowledgment, apology, peacemaking, commemoration, compensation, land restoration, legal reformation, and reconciliation. JAI advances the frontiers of thinking about justice on behalf of Indians in that its normative mission is not the award of materialcompensation or the attribution of blame but ratherthe ultimate healing of the American and Indian nations and the joint authorship
    [Show full text]
  • Download Download
    Ames, Kenneth M. and Herbert D.G. Maschner 1999 Peoples of BIBLIOGRAPHY the Northwest Coast: Their Archaeology and Prehistory. Thames and Hudson, London. Abbas, Rizwaan 2014 Monitoring of Bell-hole Tests at Amoss, Pamela T. 1993 Hair of the Dog: Unravelling Pre-contact Archaeological Site DhRs-1 (Marpole Midden), Vancouver, BC. Coast Salish Social Stratification. In American Indian Linguistics Report on file, British Columbia Archaeology Branch, Victoria. and Ethnography in Honor of Lawrence C. Thompson, edited by Acheson, Steven 2009 Marpole Archaeological Site (DhRs-1) Anthony Mattina and Timothy Montler, pp. 3-35. University of Management Plan—A Proposal. Report on file, British Columbia Montana Occasional Papers No. 10, Missoula. Archaeology Branch, Victoria. Andrefsky, William, Jr. 2005 Lithics: Macroscopic Approaches to Acheson, S. and S. Riley 1976 Gulf of Georgia Archaeological Analysis (2nd edition). Cambridge University Press, New York. Survey: Powell River and Sechelt Regional Districts. Report on Angelbeck, Bill 2015 Survey and Excavation of Kwoiek Creek, file, British Columbia Archaeology Branch, Victoria. British Columbia. Report in preparation by Arrowstone Acheson, S. and S. Riley 1977 An Archaeological Resource Archaeology for Kanaka Bar Indian Band, and Innergex Inventory of the Northeast Gulf of Georgia Region. Report on file, Renewable Energy, Longueuil, Québec. British Columbia Archaeology Branch, Victoria. Angelbeck, Bill and Colin Grier 2012 Anarchism and the Adachi, Ken 1976 The Enemy That Never Was. McClelland & Archaeology of Anarchic Societies: Resistance to Centralization in Stewart, Toronto, Ontario. the Coast Salish Region of the Pacific Northwest Coast. Current Anthropology 53(5):547-587. Adams, Amanda 2003 Visions Cast on Stone: A Stylistic Analysis of the Petroglyphs of Gabriola Island, B.C.
    [Show full text]
  • Indigenous Peoples' Right to Self–Determination
    INDIGENOUS PEOPLES’ RIGHT TO SELF–DETERMINATION AND DEVELOPMENT POLICY FRANCESCA PANZIRONI Thesis submitted to fulfil the requirements for the award of Doctor of Philosophy Faculty of Law University of Sydney 2006 To my mum and daddy for giving me life and freedom Table of contents Acknowledgments……………………………………………………………………………….i Synopsis ……………………………………………………………………………………….ii List of figures……………………………………………………………………...…………..iv List of abbreviations…………………………………………………………………………...v Introduction…………………………………………………………………………………...1 Part 1 Indigenous peoples’ quest for self–determination Chapter 1: Indigenous peoples in international law: a historical overview……………..11 1.1 The natural law framework……………………………………………………………….15 1.2 The emergence of the state–centred system and the ‘law of nations’…………………….23 1.3 The positivistic construct of international law……………………………………………29 1.4 The early 20th century: from positivism to pragmatism…………………………………..35 1.5 The United Nations system and indigenous peoples……………………………………..44 Chapter 2: Indigenous peoples’ right to self–determination...…………………………...48 2.1 Indigenous rights and the international human rights system…………………………….48 2.1.1 International Labour Organization’s Conventions on indigenous peoples…………50 2.1.2 The United Nations Declaration on the Rights of Indigenous Peoples……………..53 2.1.3 The Draft American Declaration on the Rights of Indigenous Peoples…………….65 2.2 The principle of self–determination...…………………………………………………….72 2.3 Indigenous peoples’ right to self–determination………………………………………….82 Chapter 3: Indigenous peoples’ claims to self–determination and the international human rights implementation system……………………...…103 3.1 The United Nations system…………………………………………………………...…104 3.1.1 The United Nations treaty–based human rights system and indigenous claims to self–determination...…………………………………………………….104 (i) The Human Rights Committee…………………………………………....106 (ii) The Committee on the Elimination of Racial Discrimination………….
    [Show full text]
  • National Historic Sites of Canada System Plan Will Provide Even Greater Opportunities for Canadians to Understand and Celebrate Our National Heritage
    PROUDLY BRINGING YOU CANADA AT ITS BEST National Historic Sites of Canada S YSTEM P LAN Parks Parcs Canada Canada 2 6 5 Identification of images on the front cover photo montage: 1 1. Lower Fort Garry 4 2. Inuksuk 3. Portia White 3 4. John McCrae 5. Jeanne Mance 6. Old Town Lunenburg © Her Majesty the Queen in Right of Canada, (2000) ISBN: 0-662-29189-1 Cat: R64-234/2000E Cette publication est aussi disponible en français www.parkscanada.pch.gc.ca National Historic Sites of Canada S YSTEM P LAN Foreword Canadians take great pride in the people, places and events that shape our history and identify our country. We are inspired by the bravery of our soldiers at Normandy and moved by the words of John McCrae’s "In Flanders Fields." We are amazed at the vision of Louis-Joseph Papineau and Sir Wilfrid Laurier. We are enchanted by the paintings of Emily Carr and the writings of Lucy Maud Montgomery. We look back in awe at the wisdom of Sir John A. Macdonald and Sir George-Étienne Cartier. We are moved to tears of joy by the humour of Stephen Leacock and tears of gratitude for the courage of Tecumseh. We hold in high regard the determination of Emily Murphy and Rev. Josiah Henson to overcome obstacles which stood in the way of their dreams. We give thanks for the work of the Victorian Order of Nurses and those who organ- ized the Underground Railroad. We think of those who suffered and died at Grosse Île in the dream of reaching a new home.
    [Show full text]