Reparations For Indigenous Peoples

Author : Federico Lenzerini
Publisher : OUP Oxford
Page : 680 pages
File Size : 53,8 Mb
Release : 2008-01-24
Category : Law
ISBN : 9780191553059

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Reparations for Indigenous Peoples by Federico Lenzerini Pdf

Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.

Author : Samir Shaheen-Hussain
Publisher : McGill-Queen's Press - MQUP
Page : 312 pages
File Size : 45,9 Mb
Release : 2020-09-23
Category : Social Science
ISBN : 9780228005148

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Fighting for a Hand to Hold by Samir Shaheen-Hussain Pdf

Launched by healthcare providers in January 2018, the #aHand2Hold campaign confronted the Quebec government's practice of separating children from their families during medical evacuation airlifts, which disproportionately affected remote and northern Indigenous communities. Pediatric emergency physician Samir Shaheen-Hussain's captivating narrative of this successful campaign, which garnered unprecedented public attention and media coverage, seeks to answer lingering questions about why such a cruel practice remained in place for so long. In doing so it serves as an indispensable case study of contemporary medical colonialism in Quebec. Fighting for a Hand to Hold exposes the medical establishment's role in the displacement, colonization, and genocide of Indigenous peoples in Canada. Through meticulously gathered government documentation, historical scholarship, media reports, public inquiries, and personal testimonies, Shaheen-Hussain connects the draconian medevac practice with often-disregarded crimes and medical violence inflicted specifically on Indigenous children. This devastating history and ongoing medical colonialism prevent Indigenous communities from attaining internationally recognized measures of health and social well-being because of the pervasive, systemic anti-Indigenous racism that persists in the Canadian public health care system - and in settler society at large. Shaheen-Hussain's unique perspective combines his experience as a frontline pediatrician with his long-standing involvement in anti-authoritarian social justice movements. Sparked by the indifference and callousness of those in power, this book draws on the innovative work of Indigenous scholars and activists to conclude that a broader decolonization struggle calling for reparations, land reclamation, and self-determination for Indigenous peoples is critical to achieve reconciliation in Canada.

Author : Alexandra Xanthaki,Sanna Valkonen,Leena Heinämäki,Piia Kristiina Nuorgam
Publisher : BRILL
Page : 359 pages
File Size : 47,7 Mb
Release : 2017-10-20
Category : Law
ISBN : 9789004342194

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Indigenous Peoples' Cultural Heritage by Alexandra Xanthaki,Sanna Valkonen,Leena Heinämäki,Piia Kristiina Nuorgam Pdf

Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.

Author : Damien Short,Corinne Lennox
Publisher : Routledge
Page : 673 pages
File Size : 42,9 Mb
Release : 2016-02-05
Category : Law
ISBN : 9781136313851

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Handbook of Indigenous Peoples' Rights by Damien Short,Corinne Lennox Pdf

This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.

Author : Jacqueline Bhabha,Margareta Matache,Caroline Elkins
Publisher : University of Pennsylvania Press
Page : 413 pages
File Size : 50,6 Mb
Release : 2021-09-03
Category : Political Science
ISBN : 9780812299915

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Time for Reparations by Jacqueline Bhabha,Margareta Matache,Caroline Elkins Pdf

In this sweeping international perspective on reparations, Time for Reparations makes the case that past state injustice—be it slavery or colonization, forced sterilization or widespread atrocities—has enduring consequences that generate ongoing harm, which needs to be addressed as a matter of justice and equity. Time for Reparations provides a wealth of detailed and diverse examples of state injustice, from enslavement of African Americans in the United States and Roma in Romania to colonial exploitation and brutality in Guatemala, Algeria, Indonesia, Jamaica, and Guadeloupe. From many vantage points, contributing authors discuss different reparative strategies and the impact they would have on the lives of survivor or descent communities. One of the strengths of this book is its interdisciplinary perspective—contributors are historians, anthropologists, human rights lawyers, sociologists, and political scientists. Many of the authors are both scholars and advocates, actively involved in one capacity or another in the struggles for reparations they describe. The book therefore has a broad and inclusive scope, aided by an accessible and cogent writing style. It appeals to scholars, students, advocates and others concerned about addressing some of the most profound and enduring injustices of our time.

Author : Joan G. Fairweather
Publisher : University of Calgary Press
Page : 286 pages
File Size : 45,7 Mb
Release : 2006
Category : History
ISBN : 9781552381922

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A Common Hunger by Joan G. Fairweather Pdf

The impact of colonial dispossession and the subsequent social and political ramifications places a unique burden on governments having to establish equitable means of addressing previous injustices. This book considers the efforts by both Canada and South Africa to reconcile the damage left by colonial expansion, in part, looking back with a critical eye, but also pointing the way towards a solution that will satisfy the common need for human dignity

Author : Margaret D. Jacobs
Publisher : Princeton University Press
Page : 360 pages
File Size : 42,8 Mb
Release : 2023-10-10
Category : History
ISBN : 9780691227146

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After One Hundred Winters by Margaret D. Jacobs Pdf

A necessary reckoning with America’s troubled history of injustice to Indigenous people After One Hundred Winters confronts the harsh truth that the United States was founded on the violent dispossession of Indigenous people and asks what reconciliation might mean in light of this haunted history. In this timely and urgent book, settler historian Margaret Jacobs tells the stories of the individuals and communities who are working together to heal historical wounds—and reveals how much we have to gain by learning from our history instead of denying it. Jacobs traces the brutal legacy of systemic racial injustice to Indigenous people that has endured since the nation’s founding. Explaining how early attempts at reconciliation succeeded only in robbing tribal nations of their land and forcing their children into abusive boarding schools, she shows that true reconciliation must emerge through Indigenous leadership and sustained relationships between Indigenous and non-Indigenous people that are rooted in specific places and histories. In the absence of an official apology and a federal Truth and Reconciliation Commission, ordinary people are creating a movement for transformative reconciliation that puts Indigenous land rights, sovereignty, and values at the forefront. With historical sensitivity and an eye to the future, Jacobs urges us to face our past and learn from it, and once we have done so, to redress past abuses. Drawing on dozens of interviews, After One Hundred Winters reveals how Indigenous people and settlers in America today, despite their troubled history, are finding unexpected gifts in reconciliation.

Author : Truth and Reconciliation Commission of Canada
Publisher : James Lorimer & Company
Page : 673 pages
File Size : 49,9 Mb
Release : 2015-07-22
Category : History
ISBN : 9781459410695

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Final Report of the Truth and Reconciliation Commission of Canada, Volume One: Summary by Truth and Reconciliation Commission of Canada Pdf

This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.

Author : Michael Asch,John Borrows,James Tully
Publisher : University of Toronto Press
Page : 380 pages
File Size : 54,6 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487523275

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Resurgence and Reconciliation by Michael Asch,John Borrows,James Tully Pdf

The two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations. Reconciliation also refers to the sustainable reconciliation of both Indigenous and Settler peoples with the living earth as the grounds for both resurgence and Indigenous-Settler reconciliation. Critically and constructively analyzing these two schools from a wide variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. By using "earth-teachings" to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world's most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate.

Author : Jessie Hohmann,Marc Weller
Publisher : Oxford University Press
Page : 460 pages
File Size : 55,7 Mb
Release : 2018-03-23
Category : Law
ISBN : 9780191653995

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The UN Declaration on the Rights of Indigenous Peoples by Jessie Hohmann,Marc Weller Pdf

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples

Author : Olúfhemi O. Táíwò
Publisher : Oxford University Press
Page : 281 pages
File Size : 41,9 Mb
Release : 2022
Category : LAW
ISBN : 9780197508893

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Reconsidering Reparations by Olúfhemi O. Táíwò Pdf

"Christopher Columbus' voyage changed the world forever because the era of racial slavery and colonialism that it started built the world in the first place. The irreversible environmental damage of history's first planet-sized political and economic system is responsible for our present climate crisis. Reparations calls for us to make the world over again: this time, justly. The project of reparations and racial justice in the 21st century must take climate justice head on. The book develops arguments about the role of racial capitalism in global politics, addresses other views of reparations, and summarizes perspectives on environmental racism"--

Author : Hilary Beckles
Publisher : University of the West Indies Press
Page : 0 pages
File Size : 55,6 Mb
Release : 2013
Category : Black people
ISBN : 976640268X

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Britain's Black Debt by Hilary Beckles Pdf

Since the mid-nineteenth-century abolition of slavery, the call for reparations for the crime of African enslavement and native genocide has been growing. In the Caribbean, grassroots and official voices now constitute a regional reparations movement. While it remains a fractured, contentious and divisive call, it generates considerable public interest, especially within sections of the community that are concerned with issues of social justice, equity, civil and human rights, education, and cultural identity. The reparations discourse has been shaped by the voices from these fields as they seek to build a future upon the settlement of historical crimes. This is the first scholarly work that looks comprehensively at the reparations discussion in the Caribbean. Written by a leading economic historian of the region, a seasoned activist in the wider movement for social justice and advocacy of historical truth, Britain's Black Debt looks at the origins and development of reparations as a regional and international process. Weaving detailed historical data on Caribbean slavery and the transatlantic slave trade together with legal principles and the politics of postcolonialism, Beckles sets out a solid academic analysis of the evidence. He concludes that Britain has a case of reparations to answer which the Caribbean should litigate. International law provides that chattel slavery as practised by Britain was a crime against humanity. Slavery was invested in by the royal family, the government, the established church, most elite families, and large public institutions in the private and public sector. Citing the legal principles of unjust and criminal enrichment, the author presents a compelling argument for Britain's payment of its black debt, a debt that it continues to deny in the face of overwhelming evidence to the contrary. It is at once an exciting narration of Britain's dominance of the slave markets that enriched the economy and a seminal conceptual journey into the hidden politics and public posturing of leaders on both sides of the Atlantic. No work of this kind has ever been attempted. No author has had the diversity of historical research skills, national and international political involvement, and personal engagement as an activist to present such a complex yet accessible work of scholarship.

Author : Alaina E. Roberts
Publisher : University of Pennsylvania Press
Page : 209 pages
File Size : 46,8 Mb
Release : 2021-03-12
Category : History
ISBN : 9780812297980

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I've Been Here All the While by Alaina E. Roberts Pdf

Perhaps no other symbol has more resonance in African American history than that of "40 acres and a mule"—the lost promise of Black reparations for slavery after the Civil War. In I've Been Here All the While, we meet the Black people who actually received this mythic 40 acres, the American settlers who coveted this land, and the Native Americans whose holdings it originated from. In nineteenth-century Indian Territory (modern-day Oklahoma), a story unfolds that ties African American and Native American history tightly together, revealing a western theatre of Civil War and Reconstruction, in which Cherokee, Choctaw, Chickasaw, Creek, and Seminole Indians, their Black slaves, and African Americans and whites from the eastern United States fought military and rhetorical battles to lay claim to land that had been taken from others. Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction. She connects debates about Black freedom and Native American citizenship to westward expansion onto Native land. As Black, white, and Native people constructed ideas of race, belonging, and national identity, this part of the West became, for a short time, the last place where Black people could escape Jim Crow, finding land and exercising political rights, until Oklahoma statehood in 1907.

Author : Paulette Regan
Publisher : UBC Press
Page : 317 pages
File Size : 40,9 Mb
Release : 2010-12-22
Category : Social Science
ISBN : 9780774859646

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Unsettling the Settler Within by Paulette Regan Pdf

In 2008 the Canadian government apologized to the victims of the notorious Indian residential school system, and established a Truth and Reconciliation Commission whose goal was to mend the deep rifts between Aboriginal peoples and the settler society that engineered the system. Unsettling the Settler Within argues that in order to truly participate in the transformative possibilities of reconciliation, non-Aboriginal Canadians must undergo their own process of decolonization. They must relinquish the persistent myth of themselves as peacemakers and acknowledge the destructive legacy of a society that has stubbornly ignored and devalued Indigenous experience. Today’s truth and reconciliation processes must make space for an Indigenous historical counter-narrative in order to avoid perpetuating a colonial relationship between Aboriginal and settler peoples. A compassionate call to action, this powerful book offers all Canadians – both Indigenous and not – a new way of approaching the critical task of healing the wounds left by the residential school system.

Author : Canada. Indian and Northern Affairs Canada
Publisher : Indian and Northern Affairs Canada
Page : 42 pages
File Size : 46,8 Mb
Release : 2003
Category : Indian land transfers
ISBN : 0662352394

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Resolving Aboriginal Claims by Canada. Indian and Northern Affairs Canada Pdf