Search Results: the-land-is-our-history-indigeneity-law-and-the-settler-state

The Land Is Our History

Indigeneity, Law, and the Settler State

Author: Miranda Johnson

Publisher: Oxford University Press

ISBN: 0190600039

Category: History

Page: 320

View: 1404

The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results. For the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging.

The Land Is Our History

Indigeneity, Law, and the Settler State

Author: Miranda Johnson

Publisher: Oxford University Press

ISBN: 0190600047

Category: History

Page: 320

View: 806

The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results. For the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging.

The Land Is Our History

Indigeneity, Law, and the Settler State

Author: Miranda C. L. Johnson

Publisher: Oxford University Press

ISBN: 0190600063

Category: Aboriginal Australians

Page: 248

View: 2820

"The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results: for the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging"--Provided by publisher.

Between Indigenous and Settler Governance

Author: Lisa Ford

Publisher: Routledge

ISBN: 0415699703

Category: History

Page: 226

View: 5761

Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces – often unwittingly – for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations.

From the Edge

Australia's Lost Histories

Author: Mark McKenna

Publisher: Melbourne Univ. Publishing

ISBN: 0522862608

Category: History

Page: 357

View: 3278

In March 1797, five British sailors and 12 Bengali seamen struggled ashore after their longboat broke apart in a storm. Their fellow-survivors from the wreck of the Sydney Cove were stranded more than 500 kilometres southeast in Bass Strait. To rescue their mates and to save themselves the 19 men must walk 700 kilometres north to Sydney. That remarkable walk is a story of endurance but also of unexpected Aboriginal help. From the Edge: Australia's Lost Histories recounts four such extraordinary and largely forgotten stories: the walk of shipwreck survivors; the founding of a 'new Singapore' in western Arnhem Land in the 1840s; Australia's largest industrial development project nestled amongst outstanding Indigenous rock art in the Pilbara; and the ever-changing story of James Cook's time in Cooktown in 1770. This new telling of the central drama of Australian history ;the encounter between Aboriginal and non-Aboriginal Australians, may hold the key to understanding this land and its people.

Spaces Between Us

Queer Settler Colonialism and Indigenous Decolonization

Author: Scott Lauria Morgensen

Publisher: U of Minnesota Press

ISBN: 1452932727

Category: Social Science

Page: 292

View: 9254

Explores the intimate relationship of non-Native and Native sexual politics in the United States

Far Off Metal River

Inuit Lands, Settler Stories, and the Making of the Contemporary Arctic

Author: Emilie Cameron

Publisher: UBC Press

ISBN: 0774828870

Category: Social Science

Page: 296

View: 9687

Drawing on Samuel Hearne’s gruesome account of an alleged massacre at Bloody Falls in 1771, Emilie Cameron reveals how Qablunaat (non-Inuit, non-Indigenous people) have used stories about the Arctic for over two centuries as a tool to justify ongoing colonization and economic exploitation of the North. Rather than expecting Inuit to counter these narratives with their own stories about their homeland, Cameron argues that it is the responsibility of Qablunaat to develop new relationships with northerners – ones grounded in the political, cultural, economic, environmental, and social landscapes of the contemporary Arctic.

On Being Here to Stay

Treaties and Aboriginal Rights in Canada

Author: Michael Asch

Publisher: University of Toronto Press

ISBN: 1442669845

Category: Social Science

Page: 232

View: 312

What, other than numbers and power, justifies Canada’s assertion of sovereignty and jurisdiction over the country’s vast territory? Why should Canada’s original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation. Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers. Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

The Transit of Empire

Indigenous Critiques of Colonialism

Author: Jodi A. Byrd

Publisher: U of Minnesota Press

ISBN: 1452933170

Category: Political Science

Page: 294

View: 7005

Examines how “Indianness” has propagated U.S. conceptions of empire

Mohawk Interruptus

Political Life Across the Borders of Settler States

Author: Audra Simpson

Publisher: Duke University Press

ISBN: 0822376784

Category: Social Science

Page: 280

View: 6275

Mohawk Interruptus is a bold challenge to dominant thinking in the fields of Native studies and anthropology. Combining political theory with ethnographic research among the Mohawks of Kahnawà:ke, a reserve community in what is now southwestern Quebec, Audra Simpson examines their struggles to articulate and maintain political sovereignty through centuries of settler colonialism. The Kahnawà:ke Mohawks are part of the Haudenosaunee or Iroquois Confederacy. Like many Iroquois peoples, they insist on the integrity of Haudenosaunee governance and refuse American or Canadian citizenship. Audra Simpson thinks through this politics of refusal, which stands in stark contrast to the politics of cultural recognition. Tracing the implications of refusal, Simpson argues that one sovereign political order can exist nested within a sovereign state, albeit with enormous tension around issues of jurisdiction and legitimacy. Finally, Simpson critiques anthropologists and political scientists, whom, she argues, have too readily accepted the assumption that the colonial project is complete. Belying that notion, Mohawk Interruptus calls for and demonstrates more robust and evenhanded forms of inquiry into indigenous politics in the teeth of settler governance.

Recognizing Aboriginal Title

The Mabo Case and Indigenous Resistance to English-Settler Colonialism

Author: Peter H. Russell

Publisher: University of Toronto Press

ISBN: 1442659254

Category: Law

Page: 450

View: 5987

A judicial revolution occurred in 1992 when Australia's highest court discarded a doctrine that had stood for two hundred years, that the country was a terra nullius – a land of no one – when the white man arrived. The proceedings were known as the Mabo Case, named for Eddie Koiki Mabo, the Torres Strait Islander who fought the notion that the Australian Aboriginal people did not have a system of land ownership before European colonization. The case had international repercussions, especially on the four countries in which English-settlers are the dominant population: Australia, Canada, New Zealand, and the United States. In Recognizing Aboriginal Title, Peter H. Russell offers a comprehensive study of the Mabo case, its background, and its consequences, contextualizing it within the international struggle of Indigenous peoples to overcome their colonized status. Russell weaves together an historical narrative of Mabo's life with an account of the legal and ideological premises of European imperialism and their eventual challenge by the global forces of decolonization. He traces the development of Australian law and policy in relation to Aborigines, and provides a detailed examination of the decade of litigation that led to the Mabo case. Mabo died at the age of fifty-six just five months before the case was settled. Although he had been exiled from his land over a dispute when he was a teenager, he was buried there as a hero. Recognizing Aboriginal Title is a work of enormous importance by a legal and constitutional scholar of international renown, written with a passion worthy of its subject – a man who fought hard for his people and won.

Aboriginal Rights Claims and the Making and Remaking of History

Author: Arthur J. Ray

Publisher: McGill-Queen's Press - MQUP

ISBN: 0773599118

Category: Social Science

Page: N.A

View: 3516

Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address Aboriginal land claims have consequently created a particular way of presenting Aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being “presentist” – inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of Indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing Australia, Canada, New Zealand, South Africa, and the United States, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for Indigenous voices, stimulated scholarly debates about the cultural and historical experiences of Indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides Aboriginal, academic, and legal communities with essential information on how history is used and how methods are adapted and changed.

Indigenous peoples' rights in Australia, Canada, & New Zealand

Author: Paul Havemann

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 520

View: 1617

Indigenous Peoples' Rights in Australia, Canada and New Zealand aims to provide a contemporary and contextual survey and analysis of the legal and political interaction between the `British settler' states of Australia, Canada and New Zealand, and the indigenous First Nation peoples they dispossessed.

Indigenous Peoples as Subjects of International Law

Author: Irene Watson

Publisher: Taylor & Francis

ISBN: 1317240669

Category: Law

Page: 226

View: 3745

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

The Origins of Indigenism

Human Rights and the Politics of Identity

Author: Ronald Niezen

Publisher: Univ of California Press

ISBN: 9780520235564

Category: Political Science

Page: 272

View: 4855

4. Relativism and Rights

Beyond Settler Time

Temporal Sovereignty and Indigenous Self-Determination

Author: Mark Rifkin

Publisher: Duke University Press

ISBN: 0822373424

Category: Social Science

Page: 296

View: 6915

What does it mean to say that Native peoples exist in the present? In Beyond Settler Time Mark Rifkin investigates the dangers of seeking to include Indigenous peoples within settler temporal frameworks. Claims that Native peoples should be recognized as coeval with Euro-Americans, Rifkin argues, implicitly treat dominant non-native ideologies and institutions as the basis for defining time itself. How, though, can Native peoples be understood as dynamic and changing while also not assuming that they belong to a present inherently shared with non-natives? Drawing on physics, phenomenology, queer studies, and postcolonial theory, Rifkin develops the concept of "settler time" to address how Native peoples are both consigned to the past and inserted into the present in ways that normalize non-native histories, geographies, and expectations. Through analysis of various kinds of texts, including government documents, film, fiction, and autobiography, he explores how Native experiences of time exceed and defy such settler impositions. In underscoring the existence of multiple temporalities, Rifkin illustrates how time plays a crucial role in Indigenous peoples’ expressions of sovereignty and struggles for self-determination.

Indigenous in the City

Contemporary Identities and Cultural Innovation

Author: Evelyn Peters,Chris Andersen

Publisher: UBC Press

ISBN: 0774824662

Category: Social Science

Page: 428

View: 953

Research on Indigenous issues rarely focuses on life in major metropolitan centres. Instead, there is a tendency to frame rural locations as emblematic of authentic or “real” Indigeneity. While such a perspective may support Indigenous struggles for territory and recognition, it fails to account for large swaths of contemporary Indigenous realities, including the increased presence of Indigenous people in cities. The contributors to this volume explore the implications of urbanization on the production of distinctive Indigenous identities in Canada, the US, New Zealand, and Australia. In doing so, they demonstrate the resilience, creativity, and complexity of the urban Indigenous presence, both in Canada and internationally.

Lines Drawn Upon the Water

First Nations and the Great Lakes Borders and Borderlands

Author: Karl S. Hele

Publisher: Wilfrid Laurier Univ. Press

ISBN: 1554580048

Category: History

Page: 351

View: 4642

Proceedings of a conference held at University of Western Ontario, London, Ont., Feb. 11-12, 2005.

The Plague of War

Athens, Sparta, and the Struggle for Ancient Greece

Author: Jennifer T. Roberts

Publisher: Oxford University Press

ISBN: 0199996644

Category: Athens (Greece)

Page: 432

View: 9778

"Tracing the conflict among the city-states of Greece over several generations, this book argues that the Peloponnesian War did not entirely end in 404 with the capture of the Athenian fleet at Aegospotami in 404 B.C. but rather continued in one form or another well into the fourth century"--Provided by publisher.

Planning for Coexistence?

Recognizing Indigenous rights through land-use planning in Canada and Australia

Author: Libby Porter,Janice Barry

Publisher: Routledge

ISBN: 1317080165

Category: Political Science

Page: 232

View: 5067

Planning is becoming one of the key battlegrounds for Indigenous people to negotiate meaningful articulation of their sovereign territorial and political rights, reigniting the essential tension that lies at the heart of Indigenous-settler relations. But what actually happens in the planning contact zone - when Indigenous demands for recognition of coexisting political authority over territory intersect with environmental and urban land-use planning systems in settler-colonial states? This book answers that question through a critical examination of planning contact zones in two settler-colonial states: Victoria, Australia and British Columbia, Canada. Comparing the experiences of four Indigenous communities who are challenging and renegotiating land-use planning in these places, the book breaks new ground in our understanding of contemporary Indigenous land justice politics. It is the first study to grapple with what it means for planning to engage with Indigenous peoples in major cities, and the first of its kind to compare the underlying conditions that produce very different outcomes in urban and non-urban planning contexts. In doing so, the book exposes the costs and limits of the liberal mode of recognition as it comes to be articulated through planning, challenging the received wisdom that participation and consultation can solve conflicts of sovereignty. This book lays the theoretical, methodological and practical groundwork for imagining what planning for coexistence might look like: a relational, decolonizing planning praxis where self-determining Indigenous peoples invite settler-colonial states to their planning table on their terms.

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