Indigenous Politics

Question 1

Franz Fanon

Answer 1

Author of Wretched of the Earth: 1961
Psychiatric and psychologic analysis that argues colonialism does violence to the colonized by dehumanizing them and that decolonization is an ongoing process

Question 2

Two Row Wampum

Answer 2

Treaty of Two Row Wampum:1613 (between dutch and iroquois): basis between all treaties between indigenous and europeans

Theme: We shall travel the river together side by side, but in our own boat. neither of us will try to steer the others vessel

Obviously undermined in mid to late 19th C due to: population mix shifting favour settlers

British no longer needed war alliances, as US had already established their own spheres; imperialism claimed superiority of British = the idea of domination rather than ‘colonialism’; a destiny over the world and entitlements; increasingly painting indigenous peoples as savage and uncivilized

Question 3

Royal Proclamation: 1763

Answer 3

Royal proclamation 1763 by king in England George III

1. Recognizes Indigenous rights to land
2. Only Crown could acquire lands from Indians and only by treaty (nation to nation relationship)
   - hugely important for the court cases in the last 30 years bc the vast majority of the province has never been ceded by FN

BC maintains that the Royal Proclamation does not apply to B.C. since it had not yet been settled by the British when the Proclamation was issued in 1763
-Principle of respectful co-existence and equality

Question 4

Indian Act: 1867 (5)

Answer 4

Paternalism (interference with the liberty or autonomy of another person)strongly embraced
Act Included…
1. Created reserves for Indians: including how band councils will be formed and how they should be government; should the state require that land back, they would take it (happened after the war)
2. Defined who was ‘Indian’ and who was not: would have certain rights of hunting, fishing, etc
3. Created Indian agents in charge of reserves and give up the idea they were part of a nation/people
4. Land now belonged to gov’t of Canada but could be used by indigenous peoples
5. Assimilation through schools, welfare, legislation

Question 5

1969: White Paper

Answer 5

Assimilation through legislation
-Trudeau (pm), chrétien (indian affairs minister)
Goal :
1. Eliminate indian act, treaties
2. Assimilate all Indians into society as individuals

However…
Lot of negative response from indigenous populations
-White paper a catalyst for FN resistance
-National Indian brotherhood created 1969 (forerunner to current assembly of first nations)
-White paper DID NOT pass through as a result

Question 6

Calder Decision: 1973

Answer 6

Indigenous resistance

• 1973: calder decision (v. BC)
• Franks calder/Nisga’a challenged bc governments
• Nisga’a argued land rights never extinguished
• bc argued it was extinguished

Aboriginal title recognized

Question 7

Delgamuukw Decision: 1997

Answer 7

Indigenous resistance

• Delgamuukw v. british columbia
• BC court (mcachern) ruled in favour of BC

Oral history not accepted and court argued colonial gov’t had extinguished indigenous rights to land

• Canada supreme court reverses decision
• Accepts oral history of indigenous people as evidence
• recognized aboriginal title as general principle

Question 8

BC Treaty Process

Answer 8

Calder, Delgamukw, Tsilhqot’in cases recognize aboriginal title
Few treaties signed in BC, unlike rest of Canada (settlers hadn’t moved into much of BC yet to make these treaties)

Nisga’a Treaty: first treaty implemented (2000); Nisga’a people trying to negotiate treaty for 100 years; B.C; Federal gov’ts agreed to negotiate treaty 1990
B.C. Treaty Commission (established 1991): Title exists, need to negotiate treaties;

60 treaties currently being negotiated; Six stage process; Some indigenous groups see process as new form of colonization

Question 9

UNDRIP

Answer 9

Universal Declaration on the rights of Indigenous Peoples (UN)
Adopted by UN general assembly in 2007

4 voted against: Australia, NZ, US, and Canada
Radical key sections worried these 4:
1. Act 3/4: Recognition of the right to self determination;
2. Act 5: The right to maintain distinct institutions;
3. Act 26: Right to traditional lands and territories, need the pre-consent of FN

Shows hypocrisy as these rejecting nations were the imperial/colonial ones (UK and US) that are profiting today from unceded land; accepting them would radically restructure societies, economies and politics