Indigenous rights in the context of Section Thirty-five of the Constitution Act, 1982


Indigenous rights in the context of Section Thirty-five of the Constitution Act, 1982

⭐ Core Definition: Indigenous rights

Indigenous rights are those rights that exist in recognition of the specific condition of indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people. This can be used as an expression for advocacy of social organizations, or form a part of the national law in establishing the relation between a government and the right of self-determination among its indigenous people, or in international law as a protection against violation of indigenous rights by actions of governments or groups of private interests.

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Indigenous rights in the context of Declaration on the Rights of Indigenous Peoples

The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding United Nations resolution passed by the General Assembly on September 13, 2007, that delineates and defines the individual and collective rights of indigenous peoples, including their ownership rights, cultural and ceremonial expression, identity, language, employment, health, education and other issues. Their ownership also extends to the protection of their Indigenous intellectual property. The declaration "emphasizes the rights of Indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations." It "prohibits discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them, and their right to remain distinct and to pursue their own visions of economic and social development".

The goal of the declaration is to encourage countries to work alongside indigenous peoples to solve global issues, such as development, multicultural, democracy, and decentralization.

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Indigenous rights in the context of Aboriginal title

Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.

Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary international law, it has been codified nationally by legislation, treaties, and constitutions.

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Indigenous rights in the context of Section 35 of the Constitution Act, 1982

Section 35 of the Constitution Act, 1982 provides constitutional protection to the indigenous and treaty rights of indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms. The section does not define the term "aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land (cf. aboriginal title) and the right to enforcement of treaties. There remains a debate over whether the right to indigenous self-government is included within section 35. As of 2006 the Supreme Court of Canada has made no ruling on the matter. However, since 1995 the Government of Canada has had a policy recognizing the inherent right of self-government under section 35.

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Indigenous rights in the context of Māori protest movement

The Māori protest movement is a broad indigenous rights movement in New Zealand (Aotearoa). While there was a range of conflicts between Māori and European immigrants prior to the signing of the Treaty of Waitangi in 1840, the signing provided one reason for protesting. Disagreements in the decades following the signing sometimes included war.

In its modern form, the Māori protest movement emerged in the early 1970s as part of a broader Māori renaissance and has focused on issues such as the redressing Treaty of Waitangi grievances, Māori land-rights, the Māori language, culture, and racism in New Zealand. It has generally allied with the left-wing, although it differs from the mainstream left in a number of ways. Most members of the movement have been Māori but it has attracted some support from non-Māori New Zealanders and from other indigenous peoples around the world. Notable successes of the movement include establishment of the Waitangi Tribunal in 1975, the return of some Māori land, and the Māori language becoming an official language in New Zealand in 1987.

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Indigenous rights in the context of Túpac Amaru II

Túpac Amaru II (born José Gabriel Condorcanqui Noguera or José Gabriel Túpac Amaru), c. 1742 – May 18, 1781) was an Indigenous cacique who led a large Andean rebellion against the Spanish in Peru as self-proclaimed Sapa Inca of the new Inca Empire. He was later elevated to a mythical status in the Peruvian struggle for independence and indigenous rights movement, as well as an inspiration to myriad causes in Spanish America and beyond.

Of noble birth, he was a direct descendant of Túpac Amaru, the last Inca of Vilcabamba. He was educated in Cusco and inherited the curacazgo (chieftainship ) of Surimana, Pampamarca, and Tungasuca after his father's death. He also amassed a fortune through muleteering, transporting goods and minerals in Upper Peru.  As a curaca recognized by the colonial administration, he interceded between his communities and the colonial authorities, submitting petitions to alleviate the burdens of the indigenous tribute and the mining mita. His requests and demands for exemption were ignored in Tinta, Cuzco, and Lima. Consequently, on 4 November, 1780, after executing the corregidor Antonio de Arriaga , accused of repeated abuses, he began a rebellion seeking to restore justice for the Andean peoples. The rebellion spread through various regions of the Viceroyalty of Peru, extending to Upper Peru and the Viceroyalty of the Río de la Plata.

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Indigenous rights in the context of Alcatraz Island

Alcatraz Island (/ˈælkəˌtræz/) is a small island about 1.25 miles offshore from San Francisco in San Francisco Bay, California, near the Golden Gate Strait. The island was developed in the mid-19th century with facilities for a lighthouse, a military fortification, and a military prison. In 1934, the island was converted into a federal prison, Alcatraz Federal Penitentiary. The strong tidal currents around the island and ice-cold water temperatures made escape nearly impossible, giving the prison one of the most notorious reputations of its kind in American history. The prison closed on March 21, 1963, leaving the island a major tourist attraction today with nearly 1.4 million people visiting the island annually.

Beginning in November 1969, the island was occupied for more than 19 months by a group of Native Americans, initially primarily from San Francisco, who were later joined by the American Indian Movement and other urban Native Americans from other parts of the country, who were part of a wave of Native American activists organizing public protests across the US through the 1970s. In 1972, Alcatraz was transferred to the Department of Interior to become part of Golden Gate National Recreation Area. It was designated as a National Historic Landmark in 1986.

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Indigenous rights in the context of Rigoberta Menchú

Rigoberta Menchú Tum (Spanish: [riɣoˈβeɾta menˈtʃu]; born 9 January 1959) is a K'iche' Guatemalan human rights activist, feminist, and Nobel Peace Prize laureate. Menchú has dedicated her life to publicizing the rights of Guatemala's Indigenous peoples during and after the Guatemalan Civil War (1960–1996), and to promoting Indigenous rights internationally.

She received the Nobel Peace Prize in 1992, was named a UNESCO Goodwill Ambassador in 1996, and received the Prince of Asturias Award in 1998. She is the subject of the testimonial biography I, Rigoberta Menchú (1983) and author of the autobiographical work, Crossing Borders (1998). Menchú founded the country's first indigenous political party, Winaq, and ran as its candidate for president of Guatemala in the 2007 and 2011 presidential elections.

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