What is The Dreaming? How many different Indigenous tribes and languages once existed in Australia? What is the purpose of a corroboree? What effect do the events of the past have on Indigenous peoples today? Indigenous Australia For Dummies answers these questions and countless others about the oldest race on Earth. It explores Indigenous life in Australia before 1770, the impact of white settlement, the ongoing struggle by Aboriginal and Torres Strait Islander peoples to secure their human rights and equal treatment under the law, and much more.
Celebrating the contributions of Indigenous people to contemporary Australian culture, the book explores Indigenous art, music, dance, literature, film, sport, and spirituality. It discusses the concept of modern Indigenous identity and examines the ongoing challenges facing Indigenous communities today, from health and housing to employment and education, land rights, and self-determination.Explores significant political moments—such as Paul Keating's Redfern Speech and Kevin Rudd's apology, and more Profiles celebrated people and organisations in a variety of fields, from Cathy Freeman to Albert Namatjira to the Bangarra Dance Theatre and the National Aboriginal Radio Service Challenges common stereotypes about Indigenous people and discusses current debates, such as a land rights and inequalities in health and education
This book will enlighten readers of all backgrounds about the history, struggles and triumphs of the diverse, proud, and fascinating peoples that make up Australia's Indigenous communities. With a foreword by former PM Malcolm Fraser, Indigenous Australia For Dummies is a must-read account of Australia's first people.
'Indigenous Australia For Dummies is an important contribution to the broad debate and to a better understanding of our past history. Hopefully it will influence future events.'—Former Prime Minister Malcolm Fraser
The essays in Reclaiming Indigenous Voice and Vision spring from an International Summer Institute held in 1996 on the cultural restoration of oppressed Indigenous peoples. The contributors, primarily Indigenous, unravel the processes of colonization that enfolded modern society and resulted in the oppression of Indigenous peoples.
The authors -- among them Gregory Cajete, Erica-Irene Daes, Bonnie Duran and Eduardo Duran, James Youngblood Henderson, Linda Hogan, Leroy Little Bear, Ted Moses, Linda Tuhiwai Te Rina Smith, Graham Hingangaroa Smith, and Robert Yazzie -- draw on a range of disciplines, professions, and experiences. Addressing four urgent and necessary issues -- mapping colonialism, diagnosing colonialism, healing colonized Indigenous peoples, and imagining postcolonial visions -- they provide new frameworks for understanding how and why colonization has been so pervasive and tenacious among Indigenous peoples. They also envision what they would desire in a truly postcolonial context.
In moving and inspiring ways, Reclaiming Indigenous Voice and Vision elaborates a new inclusive vision of a global and national order and articulates new approaches for protecting, healing, and restoring long-oppressed peoples, and for respecting their cultures and languages.
The analysis is cast in various contexts and examined at multiple levels. The first deals with the Eurocentric character of the patent system, international law, and institutions. The second involves the cultural and economic dichotomy between the industrialized Western world and the westernizing, developing world. The third level of analysis considers the phenomenal loss of human cultures and plant diversity. Exhaustively researched and eloquently argued, Global Biopiracy sheds new light on a contentious topic. The impact of intellectual property law on indigenous peoples and informal or traditional innovations is a field of study that currently includes only a handful of scholars. Biopiracy will be an invaluable resource for students, teachers, and legal practitioners.
The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states.
At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."
Contributors are Joanne Barker (Lenape), Kathleen A. Brown-Perez (Brothertown), Rosemary Cambra (Muwekma Ohlone), Amy E. Den Ouden, Timothy Q. Evans (Haliwa-Saponi), Les W. Field, Angela A. Gonzales (Hopi), Rae Gould (Nipmuc), J. Kehaulani Kauanui (Kanaka Maoli), K. Alexa Koenig, Alan Leventhal, Malinda Maynor Lowery (Lumbee), Jean M. O'Brien (White Earth Ojibwe), John Robinson, Jonathan Stein, Ruth Garby Torres (Schaghticoke), and David E. Wilkins (Lumbee).
“Those of us who try to understand what is happening in North American Indian communities have learned to see Vine Delora, Jr., both as an influential actor in the ongoing drama and also as its most knowledgeable interpreter. This new book on Indian self-rule is the most informative that I have seen in my own half-century of reading. Deloria and his co-author focus on John Collier’s struggle with both the U.S. Congress and the Indian tribes to develop a New Deal for Indians fifty years ago. It is a blow-by-blow historical account, perhaps unique in the literature, which may be the only way to show the full complexity of American Indian relations with federal and state governments. This makes it possible in two brilliant concluding chapters to clarify Indian points of view and to build onto initiatives that Indians have already taken to suggest which of these might be most useful for them to pursue. The unheeded message has been clear throughout history, but now we see how—if we let Indians do it their way—they might more quickly than we have imagined rebuild their communities.”
—Sol Tax, Professor Emeritus of Anthropology, University of Chicago
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.
Banner argues that these differences were not due to any deliberate land policy created in London or Washington. Rather, the decisions were made locally by settlers and colonial officials and were based on factors peculiar to each colony, such as whether the local indigenous people were agriculturalists and what level of political organization they had attained. These differences loom very large now, perhaps even larger than they did in the nineteenth century, because they continue to influence the course of litigation and political struggle between indigenous people and whites over claims to land and other resources.
"Possessing the Pacific" is an original and broadly conceived study of how colonial struggles over land still shape the relations between whites and indigenous people throughout much of the world.
In 1991, the judge who rendered the decision in the court case, known as Delgamuukw v. the Queen, dismissed the testimony of Mills and other anthropologists and ruled that the Witsuwit'en and Gitksan have no aboriginal title.
This book contains the report that Mills rendered to the court. With its publication, the public can judge the quality of the expert opinion report for themselves. The report is introduced by Chief Gisdaywa (Alfred Joseph) of the Witsuwit'en, Chief Mas Gak (Don Ryan) of the Gitksan, anthropologist Michael Kew, and legal scholar Michael Jackson. A prologue by Mills describes the report in the context of the epic three-year court case, and an epilogue, also by Mills, describes what has happended in the provincial appeal and what the Gitksan and Witsuwit'en have done since the decision to further address the issues of aboriginal rights.
'Eagle down is sacred among the Gitksan and Witsuwit'en peoples and is a symbol of peace. It is used to sanctify the beginning of our peacemaking process ... The Gitskan and Witsuwit'en have yet to use eagle down in their dealings with the Crown in Canada. [We] have been waiting almost two centuries to make peace with the Crown ... Eagle down gives us optimism. We have kept the eagle down for thousands of years because it works. Eagle down is our law.'
- Mas Gak (Don Ryan)
Miller explains how politics, economics, and such slippery issues as tribal and racial identity drive the conflicts between federally recognized tribal entities like the Cherokee Nation of Oklahoma, and other groups such as the Southeastern Cherokee Confederacy that also seek sovereignty. Battles over which groups can claim authentic Indian identity are fought both within the Bureau of Indian Affairs’ Federal Acknowledgment Process and in Atlanta, Montgomery, and other capitals where legislators grant state recognition to Indian-identifying enclaves without consulting federally recognized tribes with similar names.
Miller’s analysis recognizes the arguments on all sides—both the scholars and activists who see tribal affiliation as an individual choice, and the tribal governments that view unrecognized tribes as fraudulent. Groups such as the Lumbees, the Lower Muscogee Creeks, and the Mowa Choctaws, inspired by the civil rights movement and the War on Poverty, have evolved in surprising ways, as have traditional tribal governments.
Describing the significance of casino gambling, the leader of one unrecognized group said, “It’s no longer a matter of red; it’s a matter of green.” Either a positive or a negative development, depending on who is telling the story, the casinos’ economic impact has clouded what were previously issues purely of law, ethics, and justice. Drawing on both documents and personal interviews, Miller unravels the tangled politics of Indian identity and sovereignty. His lively, clearly argued book will be vital reading for tribal leaders, policy makers, and scholars.
The many congressional acts and plans for the administration of Indian affairs in the West often resulted in confusion and misapplication. Only rarely were the ideals of those who sincerely wished to help American Indians realized. This book, first printed as a part of the hearings before the House of Representatives Committee on Indian Affairs in 1934, is a detailed and fully documented account of the Dawes Act of 1887 and its consequences up to 1900. D. S. Otis's investigation of the motives of the reformers who supported the Dawes Act indicates that it failed to fulfill many of the hopes of its sponsors.
The reasons for the act's failure were complex but predictable. Many Indians were not culturally prepared for severalty. Provisions in the act for leasing or selling their land enabled many to circumvent the responsibilities of private ownership, which reformers and bureaucrats alike had thought would provide a “civilizing” influence.
The Dawes Act and the Allotment of Indian Land is the only full-scale study of the Dawes Act and its impact upon American Indian society and culture. With the addition of an introduction, revised footnotes, and an index by Francis Paul Prucha, S. J., it is essential to any understanding of the present circumstances and problems of American Indians today.
In the early decades of the twentieth century, white farmers, entrepreneurs, and lawyers used allotment policies and other legal means to gain control of thousands of acres of Indian land in Oklahoma. To counter the accumulated effects of this history, the OIWA specified how tribes could strengthen government by adopting new constitutions, and it enabled both tribes and individual Indians to obtain financial credit and land. Virulent opposition to the bill came from oil, timber, mining, farming, and ranching interests. Jon S. Blackman’s narrative of the legislative battle reveals the roles of bureaucrats, politicians, and tribal members in drafting and enacting the law.
Although the OIWA encouraged tribes to organize for political and economic purposes, it yielded mixed results. It did not produce a significant increase in Indian land ownership in Oklahoma, and only a small percentage of Indian households applied for OIWA loans. Yet the act increased member participation in tribal affairs, enhanced Indian relations with non-Indian businesses and government, promoted greater Indian influence in government programs—and, as Blackman shows, became a springboard to the self-determination movements of the 1950s and 1960s.
Imprints: The Pokagon Band of Potawatomi Indians and the City of Chicago examines the ways some Pokagon Potawatomi tribal members have maintained a distinct Native identity, their rejection of assimilation into the mainstream, and their desire for inclusion in the larger contemporary society without forfeiting their “Indianness.” Mindful that contact is never a one-way street, Low also examines the ways in which experiences in Chicago have influenced the Pokagon Potawatomi. Imprints continues the recent scholarship on the urban Indian experience before as well as after World War II.
This important book breaks new ground by asking how oral histories might be incorporated into the existing court system. Through compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crown's use of Aboriginal materials in key cases.
A bold intervention in legal and anthropological scholarship, this book is a timely consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases.
Characterized by success stories of protection of Pueblo land as well as by centuries of encroachment by non-American Indians on Pueblo lands and resources, this is a uniquely New Mexican history that also reflects issues of indigenous land tenure that vex contested territories all over the world.
Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding.
Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.
Drawing on feminist and critical race theory, this book shifts focus away from the propertied subject and on to the broader spaces in and through which the propertied subject is located. Using case studies, such as analyses of compulsory leases under Australia’s Northern Territory Intervention and lesbian asylum cases from a range of jurisdictions, Keenan argues that these spaces consist of networks of relations that revolve around belonging: not just belonging between subject and object, as property is traditionally understood, but also the less explored relation of belonging between the part and the whole.
This book therefore offers a conceptually useful way of analysing a wide range of socio-legal issues. It will be of relevance to those working in the area of property and legal geography, but also to those with more general interests in socio-legal studies, social and political theory, postcolonial studies, critical race studies and gender and sexuality studies.
The Trade and Intercourse Acts passed by Congress between 1796 and 1834 set up a system for individuals to receive monetary compensation from the federal government for property stolen or destroyed by American Indians. By the end of the Mexican-American War, both Anglo-Americans and Nuevomexicanos became experts in exploiting this system—and in using the army to collect on their often-fraudulent claims. As Gregory F. Michno reveals in Depredation and Deceit, their combined efforts created a precarious mix of false accusations, public greed, and fabricated fear that directly led to new wars in the American Southwest between 1849 and 1855.
Tasked with responding to white settlers’ depredation claims and gaining restitution directly from Indian groups, soldiers typically had no choice but to search out often-innocent Indians and demand compensation or the surrender of the guilty party, turning once-friendly bands into enemy groups whenever these tense encounters exploded in violence. As the situation became more volatile, citizens demanded a greater army presence in the region, and lucrative military contracts became yet another reason to encourage the continuation of frontier violence. Although the records are replete with officers questioning accusations and discovering civilians’ deceit, more often than not the army was forced to act in direct counterpoint to its duties as a constabulary force. And whenever war broke out, the acquisition of more Indian land and wealth began the cycle of greed and violence all over again.
The Trade and Intercourse Acts were manipulated by Anglo-Americans who ensured the continuation of the very conflicts that they claimed to abhor and that the acts were designed to prevent. In bringing these machinations to light, Michno’s book deepens—and darkens—our understanding of the conquest of the American Southwest.
Contributors to this volume examine the successes and failures of struggles for recognition and self-determination in relation to claims of religious groups, cultural minorities, and indigenous peoples on territories associated with Canada, the United States, Europe, Latin America, India, New Zealand, and Australia. The cases look at cultural recognition in the context of public policy about both intellectual and physical property, membership practices, and independence movements, while probing debates about toleration, democratic citizenship, and colonialism.
Together the contributions point to a distinctive set of challenges posed by a politics of recognition and self-determination to peoples seeking emancipation from unjust relations.
• "Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications," John C. Coates IV
• "Beyond the Indian Commerce Clause," Gregory Ablavsky
• "On Evidence: Proving Frye as a Matter of Law, Science, and History," Jill Lepore
• "The End of Jurisprudence," Scott Hershovitz
• "Against the Tide: Connecticut Oystering, Hybrid Property, and the Survival of the Commons," Zachary C.M. Arnold
• "Perceptions of Taxing and Spending: A Survey Experiment," Conor Clarke & Edward Fox
• "The Psychology of Punishment and the Puzzle of Why Tortfeasor Death Defeats Liability for Punitive Damages," Roseanna Sommers
• "The Case for Regulating Fully Autonomous Weapons," John Lewis
• "From Child Protection to Children's Rights: Rethinking Homosexual Propaganda Bans in Human Rights Law," Ryan Thoreson
Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
To answer this question, Caroline Dick engages in a critical analysis of liberal identity-driven theories and their application in cases such as Sawridge Band v. Canada, which sets a First Nation's right to self-determination against indigenous women's right to equality. She contrasts Charles Taylor's theory of identity recognition, Will Kymlicka's cultural theory of minority rights, and Avigail Eisenberg's theory of identity-related interests with an alternative rights framework that account for both group and in-group differences. Dick concludes that the problem is not the concept of identity itself but the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Instead, she proposes a politics of intragroup difference that has the power to transform rights discourse in Canada.
Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Despite the best intentions of lawyers and judges, the beliefs and practices of the colonial age continue to haunt Supreme Court of Canada rulings concerning Indigenous rights.
The binary analysis applied in Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples, suggesting new ways to bridge the cultural divide and arrive at a truly postcolonial justice system.
Additional appendices and references for Ghost Dancing with Colonialism: Decolonization and Indigenous Rights at the Supreme Court of Canada can be found at https://circle.ubc.ca/handle/2429/34959.
“Sovereignty” is perhaps the most ubiquitous term in American Indian writing today—but its meaning and function are anything but universally understood. This is as it should be, David J. Carlson suggests, for a concept frequently at the center of various—and often competing—claims to authority. In Imagining Sovereignty, Carlson explores sovereignty as a discursive middle ground between tribal communities and the United States as a settler-colonial power. His work reveals the complementary ways in which legal and literary texts have generated politically significant representations of the world, which in turn have produced particular effects on readers and advanced the cause of tribal self-determination.
Drawing on western legal historical sources and American Indian texts, Carlson traces a dual genealogy of sovereignty. Imagining Sovereignty identifies the concept as a marker, one that allows both the colonizing power of the United States and the resisting powers of various American Indian nations to organize themselves and their various claims to authority. In the process, sovereignty also functions as a point of exchange where these claims compete with and complicate one another. To this end, Carlson analyzes how several contemporary American Indian writers and critics have sought to fuse literary practices and legal structures into fully formed discourses of self-determination. After charting the development of the concept of sovereignty in natural law and its permutations in federal Indian policy, Carlson maps out the nature and function of sovereignty discourses in the work of contemporary Native scholars such as Russel Barsh, Gerald Taiaiake Alfred, D’Arcy McNickle, and Vine Deloria, and in the work of more expressly literary American Indian writers such as Craig Womack, Elizabeth Cook-Lynn, Gerald Vizenor, and Francisco Patencio.
Often read in opposition, the writings of these indigenous authors emerge in Imagining Sovereignty as a coherent literary and political tradition—one whose varied discourse of sovereignty aptly reflects American Indian people’s diverse political contexts.
For American Indians, tribal politics are paramount. They determine the standards for tribal enrollment, guide negotiations with outside governments, and help set collective economic and cultural goals. But how, asks Raymond I. Orr, has history shaped the American Indian political experience? By exploring how different tribes’ politics and internal conflicts have evolved over time, Reservation Politics offers rare insight into the role of historical experience in the political lives of American Indians.
To trace variations in political conflict within tribes today to their different historical experiences, Orr conducted an ethnographic analysis of three federally recognized tribes: the Isleta Pueblo in New Mexico, the Citizen Potawatomi in Oklahoma, and the Rosebud Sioux in South Dakota. His extensive interviews and research reveal that at the center of tribal politics are intratribal factions with widely different worldviews. These factions make conflicting claims about the purpose, experience, and identity of their tribe. Reservation Politics points to two types of historical experience relevant to the construction of tribes’ political and economic worldviews: historical trauma, such as ethnic cleansing or geographic removal, and the incorporation of Indian communities into the market economy. In Orr's case studies, differences in experience and interpretation gave rise to complex worldviews that in turn have shaped the beliefs and behavior at play in Indian politics.
By engaging a topic often avoided in political science and American Indian studies, Reservation Politics allows us to see complex historical processes at work in contemporary American Indian life. Orr’s findings are essential to understanding why tribal governments make the choices they do.
Through the treaty, the Iroquois directed the expansion of empire in order to serve their own needs while Crown negotiators obtained more territory than they were authorized to accept. How did this questionable transfer happen, who benefited, and at what cost? Campbell unravels complex intercultural negotiations in which colonial officials, land speculators, traders, tribes, and individual Indians pursued a variety of agendas, each side possessing considerable understanding of the other’s expectations and intentions.
Historians have credited British Indian superintendent Sir William Johnson with pulling off the land grab, but Campbell shows that Johnson was only one of many players. Johnson’s deputy, George Croghan, used the treaty to capitalize on a lifetime of scheming and speculation. Iroquois leaders and their peoples also benefited substantially. With keen awareness of the workings of the English legal system, they gained protection for their homelands by opening the Ohio country to settlement.
Campbell’s navigation of the complexities of Native and British politics and land speculation illuminates a time when regional concerns and personal politicking would have lasting consequences for the continent. As Speculators in Empire shows, colonial and Native history are unavoidably entwined, and even interdependent.
Blackfoot Redemption is the riveting account of Spopee’s unusual and haunting story. To reconstruct the events of Spopee’s life—at first traceable only through bits and pieces of information—William E. Farr conducted exhaustive archival research, digging deeply into government documents and institutional reports to build a coherent and accurate narrative and, through this reconstruction, win back one Indian’s life and identity.
In revealing both certainties and ambiguities in Spopee’s story, Farr relates a larger story about racial dynamics and prejudice, while poignantly evoking the turbulent final days of the buffalo-hunting Indians before their confinement, loss of freedom, and confusion that came with the wrenching transition to reservation life.