scholarly journals Section 35 Legal Framework: Implications for Evaluation

2020 ◽  
Vol 34 (3) ◽  
Author(s):  
Robert Patrick Shepherd
Keyword(s):  
Indigenous Peoples ◽  
Professional Ethics ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Legal Principles ◽  
Program Evaluations ◽  
Indigenous Nations ◽  
The Government ◽  
Relationship Of

Developments in Canada’s constitutional and legal framework since 1982 set the stage for the current Liberal government’s nation to nation policy which recognizes Indigenous rights and seeks to build a relationship of respect and partnership through reconciliation with Indigenous peoples. These developments have important implications for those engaged in policy and program evaluations who are now called upon - not only by their own professional ethics but by the legal principles flowing from section 35 - to reimagine their approach and work as partners with Indigenous nations based on the recognition of Indigenous rights, reconciliation and the Crown’s duty to act honourably in all of its dealings with Indigenous peoples. There are no off the shelf answers for how this can be done. Evaluations professionals will need to be guided by these key legal principles and the progressive view set out in the Liberal government’s Principles Respecting the Government of Canada’s Nation to Nation Relationship with Indigenous Peoples.  

Realising Ainu indigenous rights: a commentary on Hiroshi Maruyama's ‘Japan's post-war Ainu policy. Why the Japanese Government has not recognised Ainu indigenous rights?’

Polar Record ◽  
2013 ◽  
Vol 50 (2) ◽  
pp. 209-211 ◽  
Author(s):  
Naohiro Nakamura
Keyword(s):  
United Nations ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Japanese Government ◽  
The United Nations ◽  
The Government ◽  
Post War ◽  
Legal Frameworks ◽  
United Nations Declaration

ABSTRACTThis commentary reviews Maruyama's article ‘Japan's post-war Ainu policy: why the Japanese Government has not recognised Ainu indigenous rights?’ (Maruyama 2013a), published in this journal. Maruyama criticises the government for its reluctance to enact a new Ainu law to guarantee indigenous rights, even after Japan's ratification of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, in actuality, the government is searching for the foundation of new Ainu policies in the existing legal frameworks and trying to guarantee some elements of indigenous rights. Japan's case suggests the possibility of realising indigenous rights without the enactment of a specific law.

Indigenous Autonomy and the Contradictions of Plurinationalism in Bolivia

2014 ◽  
Vol 56 (03) ◽  
pp. 46-69 ◽  
Author(s):  
Jason Tockman ◽  
John Cameron
Keyword(s):  
Indigenous Rights ◽  
Legal Framework ◽  
Resource Extraction ◽  
Indigenous Autonomy ◽  
Party Strategy ◽  
Renewable Natural Resources ◽  
Central Elements ◽  
Indigenous Territories ◽  
The Government ◽  
Economic Development Model

Abstract The government of Bolivia led by President Evo Morales and the Movement Toward Socialism (MAS) party claims to be constructing a new postliberal or plurinational state. However, this alleged experiment in plurinationalism conflicts with two central elements of government and MAS party strategy: the expansion of the economic development model based on the extraction of non-renewable natural resources, and the MAS's efforts to control political space, including indigenous territories. This article analyzes these contradictions by examining how Bolivia's constitution and legal framework appear to support indigenous autonomy while simultaneously constraining it. Specifically, it explores how political and bureaucratic processes have seriously limited opportunities to exercise indigenous rights to autonomy. The article makes a comparative analysis of the implications of Bolivia's experience for indigenous autonomy and plurinationalism for other resource extraction–dependent states.

scholarly journals Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Private Property ◽  
Indigenous Rights ◽  
The State ◽  
Human Rights Violations ◽  
The Core ◽  
Indigenous Territories ◽  
The Government ◽  
Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

Consent, Resistance and the Duty to Consult

2020 ◽  
Vol 27 (2) ◽  
pp. 270-290 ◽  
Author(s):  
Avigail Eisenberg
Keyword(s):  
Indigenous Peoples ◽  
Land Development ◽  
Indigenous Rights ◽  
Collective Agency ◽  
Development Projects ◽  
Political Alliances ◽  
Meaningful Engagement ◽  
The Government ◽  
Government Of Canada ◽  
Better Than

Until recently, conflicts between Indigenous peoples and the Canadian state over land development projects have proceeded without the requirement that the state or companies obtain Indigenous consent. In 2018, this changed when the Government of Canada released a statement identifying ‘free, prior, and informed consent’ (fpic) as a requirement of meaningful engagement on projects that implicate Indigenous rights. This article considers the promise of consent within consultation processes. Consent is better than its absence, but conflicts over land development often involve rival claims to authority. The principle of consent cannot alone address the challenges posed by these rival claims nor offer appropriate responses to them. Through organised resistance, communities develop collective agency, forge political alliances, and re-appropriate their authority over territory and resources that are significant to them. The introduction of fpic clarifies but does not replace the benefits of resistance for some communities.

STORYTELLING AND THE HIGH COUNTRY: READING LYNG V. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION (1988)

2021 ◽  
pp. 1-21
Author(s):  
Dana Lloyd
Keyword(s):  
Adverse Effects ◽  
Religious Practice ◽  
Legal Framework ◽  
Law And Literature ◽  
National Forest ◽  
Protective Association ◽  
Indigenous Nations ◽  
The Supreme Court ◽  
The Government ◽  
The U.S

Abstract In Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988), the Supreme Court declared constitutional the Forest Service's development plan in an area of the Six Rivers National Forest (known as the High Country) that is central to the religious practice of the Yurok, Karuk, and Tolowa Nations. The Court admitted that “[i]t is undisputed that the Indian respondents’ beliefs are sincere and that the Government's proposed actions will have severe adverse effects on the practice of their religion” (447). Nevertheless, because the disputed area was on public land, the Court thought that the government should be allowed to manage its property in any way it saw fit, regardless of the severe adverse effects on the religious practice of the local Indigenous nations. In this article, I read materials from the trial that led to the Lyng decision, focusing on the Indigenous witnesses and their testimony that has been largely ignored in the Lyng decision. The U.S. legal framework of free exercise does not allow the courts to fully consider the stories told by the Indigenous witnesses in trial. A law-and-literature approach allows me, though, to tell a different story about the High Country, one that centers Indigenous knowledge and sovereignty.

scholarly journals The Emerging International Architecture of Indigenous Rights: The Interaction between Global, Regional, and National Dimensions

2004 ◽  
Vol 11 (4) ◽  
pp. 379-409 ◽  
Author(s):  
Willem van Genugten ◽  
Camilo Perez-Bustillo
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Current Status ◽  
Indigenous Movements ◽  
The Relationship ◽  
Racial Ethnic ◽  
Legal Processes

AbstractThe article gives an overview of the current status of human rights and poverty in the context of the contemporary struggles of indigenous peoples. It aims to describe the framework of indigenous rights as constituted by, and constitutive of, the relationship between legal processes at the international, regional and national levels. The article also makes links to broader issues such as the racial, ethnic, linguistic and cultural human rights instruments, as well as to the important linkage to international poverty law. It outlines the current status of international legal protection for indigenous peoples before giving different cases in which these legal mechanisms have been used and questioned at the regional and national levels. The article concludes by arguing that indigenous rights standards play an important role in terms of serving as 'ceilings' or 'floors' between which indigenous movements and supporting NGOs can mobilize and find a legal framework to form their case.

Indian Group of Seven

2018 ◽  
Author(s):  
Matthew Ryan Smith
Keyword(s):  
Indigenous Peoples ◽  
Subject Matter ◽  
Indigenous Rights ◽  
Indian Policy ◽  
Group Of Seven ◽  
Colonial Legacies ◽  
The Government ◽  
Government Of Canada ◽  
Professional Artists ◽  
Indian Group

The Indian Group of Seven is an ironic title given by a reporter from the Winnipeg Free Press to a collective of Indigenous artists from Canada, including Jackson Beardy (1944–1984), Eddy Cobiness (1933–1996), Alex Janvier (b. 1935), Norval Morrisseau (1932–2007), Daphne Odjig (b. 1919), Carl Ray (1942–1978), and Joseph Sanchez (b. 1948). Their name is a direct reference to the Group of Seven, a collective of Canadian artists who used the Canadian landscape as their primary subject matter in the 1920s and 1930s. The Indian Group of Seven emerged soon after Montreal’s 1967 International and Universal Exposition, and the 1969 release of the Statement of the Government of Canada on Indian policy—events that were heavily criticized for supporting colonial legacies and supressing Indigenous rights. The Group’s artwork reacted against such politics. They sought to break cultural and political stereotypes by demanding recognition as professional artists, by challenging established meanings of contemporary Indigenous art, and reconsidering social relationships to Indigenous peoples. The Indian Group of Seven helped to change the preconceived notion that Indigenous artists were preoccupied with traditional craftwork such as weaving, pottery, and carving.

scholarly journals Indigenous knowledge and federal environmental assessments in Canada: applying past lessons to the 2019 impact assessment act

FACETS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 67-90 ◽  
Author(s):  
Lauren E. Eckert ◽  
Nick XEMŦOLTW_ Claxton ◽  
Cameron Owens ◽  
Anna Johnston ◽  
Natalie C. Ban ◽  
...  
Keyword(s):  
Best Practices ◽  
Impact Assessment ◽  
Indigenous Knowledge ◽  
Indigenous Peoples ◽  
Scientific Information ◽  
Indigenous Rights ◽  
Policy Makers ◽  
Indigenous Nations ◽  
The Impact ◽  
The Relationship

Policy-makers ideally pursue well-informed, socially just means to make environmental decisions. Indigenous peoples have used Indigenous knowledge (IK) to inform decisions about environmental management for millennia. In the last 50 years, many western societies have used environmental assessment (EA) processes to deliberate on industrial proposals, informed by scientific information. Recently EA processes have attempted to incorporate IK in some countries and regions, but practitioners and scholars have criticized the ability of EA to meaningfully engage IK. Here we consider these tensions in Canada, a country with economic focus on resource extraction and unresolved government-to-government relationships with Indigenous Nations. In 2019, the Canadian government passed the Impact Assessment Act, reinvigorating dialogue on the relationship between IK and EA. Addressing this opportunity, we examined obstacles between IK and EA via a systematic literature review, and qualitative analyses of publications and the Act itself. Our results and synthesis identify obstacles preventing the Act from meaningfully engaging IK, some of which are surmountable (e.g., failures to engage best practices, financial limitations), whereas others are substantial (e.g., knowledge incompatibilities, effects of colonization). Finally, we offer recommendations for practitioners and scholars towards ameliorating relationships between IK and EA towards improved decision-making and recognition of Indigenous rights.

scholarly journals Wii Niiganabying (Looking Ahead):

2020 ◽  
Vol 1 (1) ◽  
pp. 59-71
Author(s):  
Joshua Manitowabi
Keyword(s):  
Indigenous Peoples ◽  
Turning Point ◽  
Indigenous Education ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
White Paper ◽  
Educational Funding ◽  
Positive Identity ◽  
The Government ◽  
Government Of Canada

Fifty years ago, Indigenous elders and leaders drafted their response to the Statement of the Government of Canada on Indian Policy (White Paper of 1969). Their formal rebuttal, Citizens Plus (Red Paper), published in 1970, was a turning point in Indigenous education policy. It marked the beginning of the shift away from government-controlled, assimilationist educational policies to greater Indigenous control over funding and pedagogical methods. The Red Paper refuted the White Paper’s main conclusions and stated that Indigenous peoples are “citizens plus” because the federal government is legally bound to provide Indigenous peoples with services in exchange for the use of the land they occupy. The most important Indigenous rights to be upheld included education, health care, Aboriginal status, and Aboriginal title. These unique rights recognized that Indigenous peoples are the original owners of all the natural resources on their traditional treaty lands. The Red Paper became a political turning point for Indigenous peoples in Canada by presenting an Indigenous vision for a new political and legal relationship between Canada and Indigenous peoples based on Aboriginal and treaty rights. Since the 1970s, Indigenous leaders have struggled to maintain control of educational funding while having to abide by provincial standards of educational curricula. Indigenous communities want to provide more positive learning experiences and positive identity through reconceptualizing educational curricula. They are exploring ways to indigenize the educational experience by igniting cultural resurgence through the integration of Indigenous languages, knowledge, culture, and history by reconnecting students to their elders, land, and communities.

scholarly journals Realizing Indigenous Rights in the Context of Extractive Imperialism:

2019 ◽  
Vol 12 (1) ◽  
pp. 46-59
Author(s):  
Terry Mitchell
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Latin America ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Economic Disparities ◽  
Resource Governance ◽  
United Nations Declaration ◽  
Domestic Law

Canada’s reputation as a global champion of human rights has been tarnished by the revelation of the enduring colonial impact and social and economic disparities endured by Indigenous peoples within Canada. While Canada has a strong legal framework for Indigenous rights, its significant and enduring policy and implementation failures are increasingly recognised by both domestic and international bodies. This article addresses Canada’s shifting yet fledgling progress towards the harmonisation of Canadian domestic law and the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. The pathway to reconciliation and sustainable development for Canada is discussed as rights-based resource governance in contrast to Canada’s current imposition of extractive imperialism in both Canada and Latin America.

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