Making the Declaration Work


Book Description

"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.




I'm Not Racist But ... 40 Years of the Racial Discrimination Act


Book Description

Is Australia a 'racist' country? Why do issues of race and culture seem to ignite public debate so readily? Tim Soutphommasane, Australia's Race Discrimination Commissioner, reflects on the national experience of racism and the progress that has been made since the introduction of the Racial Discrimination Act in 1975. As the first federal human rights and discrimination legislation, the Act was a landmark demonstration of Australia's commitment to eliminating racism. Published to coincide with the Act's fortieth anniversary, this book gives a timely and incisive account of the history of racism, the limits of free speech, the dimensions of bigotry and the role of legislation in our society's response to discrimination. With contributions by Maxine Beneba Clarke, Bindi Cole Chocka, Benjamin Law, Alice Pung and Christos Tsiolkas.




Aboriginal Peoples and the Law


Book Description

Can Canada claim to be a just society for Indigenous peoples? To answer this question, and as part of the process of reconciliation, the Truth and Reconciliation Commission urged a better understanding of Aboriginal law for all Canadians. Aboriginal Peoples and the Law responds to that call, introducing readers with or without a legal background to modern Aboriginal law and outlining significant cases and decisions in straightforward, non-technical language. Jim Reynolds provides the historical context needed to understand relations between Indigenous peoples and settlers and explains key topics such as sovereignty, fiduciary duties, the honour of the Crown, Aboriginal rights and title, treaties, the duty to consult, Indigenous laws, and international law. This critical analysis of the current state of the law makes the case that rather than leaving the judiciary to sort out what are essentially political issues, Canadian politicians need to take responsibility for this crucial aspect of building a just society.




Recovering Canada


Book Description

John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.




Indigenous Data Sovereignty


Book Description

As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines




The Community Guide to the UN Declaration on the Rights of Indigenous Peoples [summary].


Book Description

"This guide is designed to assist Aboriginal and Torres Strait Islander people to learn about the United Nations Declaration on the Rights of Indigenous Peoples (referred to in this guide as "the Declaration"). It will help you to become familiar with the Declaration and to discover how the rights outlined in it can be used in everyday life." -- How to use this guide, p. 5.




Let Right Be Done


Book Description

In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. 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."




Indigenous Legal Traditions


Book Description

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.




Comparing the Policy of Aboriginal Assimilation


Book Description

The aboriginal people of Australia, Canada, and New Zealand became minorities in their own countries in the nineteenth century. The expanding British Empire had its own vision for the future of these peoples, which was expressed in 1837 by the Select Committee on Aborigines of the House of Commons. It was a vision of the steps necessary for them to become civilized, Christian, and citizens -- in a word, assimilated. This book provides the first systematic and comparative treatment of the social policy of assimilation that was followed in these three countries. The recommendations of the 1837 committee were broadly followed by each of the three countries, but there were major differences in the means that were used. Australia began with a denial of the aboriginal presence, Canada began establishing a register of all 'status' Indians, and New Zealand began by giving all Maori British citizenship.