UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples): Human, Civil, and Indigenous Rights

Champagne, Duane

doi:10.5749/wicazosareview.28.1.0009

Cited by 24 publications

(12 citation statements)

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“…It will not achieve what Watson and Venne (2012) and Carroll (2012) view as just, but it does propose transformational possibilities. Many indigenous peoples find these possibilities important and worth pursuing, even though they conflict with Champagne's (2013) argument that the choice to participate in state institutions is a choice to assimilate. Champagne contrasts assimilation with the restoration of indigenous political structures as a choice to exclude oneself from the politics of the state.…”

Section: Politics Is 'Not Simply the Allotment Of Commodities'mentioning

confidence: 99%

‘We Are All Here to Stay’: Citizenship, Sovereignty and the UN Declaration on the Rights of Indigenous Peoples

O’Sullivan¹

2020

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Love and thanks to Cara, my wife, whose own work for a more just world greatly inspires, and whose support for me and my work is forever appreciated. My daughter, Lucy, and son, Joey, for the distractions, fun and inspiration they bring, for the love and support they give to me and my work, and my daughter Sarah Therese (2006) whose memory is honoured and endures. My parents, Tui and Vincent, who helped with proofreading and editing, and my uncle Dermot Sullivan (1924-2020), whose conversation, deep knowledge of history and politics, and always knowing where to find a beer, helped develop the interests that led me to write this book. The Declaration on the Rights of Indigenous Peoples [There is a] profound question of whether a State built upon the taking of another people's lands, lives and power can ever really be just. (Matike Mai Aotearoa, 2016, p. 29)

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Section: Politics Is 'Not Simply the Allotment Of Commodities'mentioning

confidence: 99%

‘We Are All Here to Stay’: Citizenship, Sovereignty and the UN Declaration on the Rights of Indigenous Peoples

O’Sullivan¹

2020

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“…Settler-governments tend to reject the community-based nature of Indigenous governments, undermining and/or absolving their legitimacy. This trend results in citizens, courts, and governments viewing inherent Indigenous rights through a narrow view which only extends to legal and political claims associated with traditional rights such as hunting, fishing, and treaty-supported land claims (Champagne, 2013). The Native Women's Association of Canada (2011) stresses that the right to self-determination can create more space for Indigenous voices within the narrow settler scope of Indigenous rights.…”

Section: Towards Rights: Selfdetermination Through Selfgovernmentmentioning

confidence: 99%

“…By interpreting the existing Aboriginal and treaty rights protected in section 35(1) of the Constitution Act, 1982 as dynamic rights which grow and change along with communites, instead of strictly historic rights like hunting, fishing, and treaty-supported land claims (Borrows, 2017;Champagne, 2013) combined with referencing R v. Van der Peet, which recognizes that Indigenous peoples were selfgoverning, autonomous Nations at point of contact (Morellato, 2008, p. 8-9), existing Canadian laws and precedents could allow for an expanded concept of Aboriginal rights. This expanded understanding would allow for the creation of a national, collaborative, and community-based Indigenous social services framework.…”

Section: Policy Recommendationsmentioning

confidence: 99%

A Rights-based Approach to Indigenous Sovereignty, Self-determination and Self-government in Canada

Reinders

2019

SURG

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The United Nations Declaration on the Rights of Indigenous People (UNDRIP) calls for the right to self-determination, as self-determination is a prerequisite for Indigenous people to recongnize their political, social, economic, and collective human rights. Canada has historically been unsupportive of UNDRIP as the federal government considers UNDRIP at odds with Canadian sovereignty and existing Canadian institutions. While the right to self-government is currently protected under section 35 of the Constitution Act, 1982, it is defined narrowly and falls short of allowing meaningful self-government for the majority of Indigenous people. This paper considers the conflicting nature of self-determination and self-government through considering the impact of Indigenous sovereignty on state sovereignity, an analysis of various approaches to self-government in Canada, and the feasability of adopting a rights-based approach to self-government. This paper concludes that utilizing a human rights-based approach to self-government addresses the perceived conflicts at the state-level while providing for the creation of meaningful self-government arrangements. Self-government arrangements must be created by Indigenous communities for Indigenous communities in order to reflect the diverse needs of Indigenous people regardless of their territorial affiliation or formal Indian status.

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“…In contrast, when we contextualize Indigenous allyship in the same international, civic, and professional frameworks, the translation of international norms has been fragmented at best. While both §35(1) of Canada's Constitution Act and the government's endorsement of the UNDRIP outwardly align with existing affirmations of self-governance, the burden of internal dissent has slowed the implementation of the legal minimums for respectful relationships with Indigenous populations (Champagne, 2013). The resulting environment is one where, as Borrows (2010) comments, the existing political structure lacks the processes which might ease the whole-cloth application of collective Indigenous rights or form the philosophical basis to address the inconsistencies that will inevitably arise.…”

Section: Intellectual Freedom and Allyship In Contextmentioning

confidence: 99%

Decolonizing the Ethics of Intellectual Freedom: Exploring a New Intersectional Framework for Allyship and Ethical Practice

Ballantyne¹

2019

CAIS/ACSI

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or Résumé:The intersection between Indigenous allyship, intellectual freedom, and social responsibility is understudied in LIS literature. This conceptual paper employs literature-based critical analysis to explore the tension between these concepts and forwards the theoretical basis for a new interdisciplinary model for ethical information practice. The model draws on foundational aspects of human rights scholarship, human resources literature, philosophy, and uncertainty as a critical tradition for librarianship.

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UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples): Human, Civil, and Indigenous Rights

Cited by 24 publications

References 0 publications

‘We Are All Here to Stay’: Citizenship, Sovereignty and the UN Declaration on the Rights of Indigenous Peoples

‘We Are All Here to Stay’: Citizenship, Sovereignty and the UN Declaration on the Rights of Indigenous Peoples

A Rights-based Approach to Indigenous Sovereignty, Self-determination and Self-government in Canada

Decolonizing the Ethics of Intellectual Freedom: Exploring a New Intersectional Framework for Allyship and Ethical Practice

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