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NEW! - University of Regina · Drawing on a wealth of experience and blend- ... or entrenched...

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Indigenous rights are generally conceptualized and advocated separately from the human rights framework. e contributors to Indivisible: Indigenous Human Rights, however, deſtly and powerfully argue that Indigenous rights are in fact human rights and that the fundamental human rights of Indigenous people cannot be protected without the inclusion of their Indigenous rights, which are suppressed and oppressed by the forces of racism and colonialism. Drawing on a wealth of experience and blend- ing critical theoretical frameworks and a close knowledge of domestic and interna- tional law on human rights, the authors in this collection show that seler states such as Canada persist in violating and failing to acknowledge Indigenous human rights. Furthermore, seler states are obligated to respect and animate these rights, despite the evident tensions in political and economic interests between elite capitalists, seler citizens and Indigenous peoples. “e historic and contemporary challenges faced by Indigenous peoples — be it the tragedy of residential schools, high levels of violence against women, abusive policing, struggles around land and resources, or entrenched poverty — are reflective of the disgraceful failure of Canada and other states to uphold human rights. Indivisible is a critical call to governments and Indigenous peoples to take up the indivisible amework of rights protection enshrined in the UN Declaration of the Rights of Indigenous Peoples.” — Alex Neve, Amnesty International Joyce Green is a professor of political science at the University of Regina. She is the editor of Making Space for Indigenous Feminism. pb 9781552666838 $29.95 • 240pp Rights: World • October 2014 NEW! FROM FERNWOOD PUBLISHING critical books for critical thinkers www.fernwoodpublishing.ca Fernwood Publishing Company Limited gratefully acknowledges the financial support of the Government of Canada through the Canada Book Fund and the Canada Council for the Arts, the Nova Scotia Department of Communities, Culture and Heritage, the Manitoba Department of Culture, Heritage and Tourism under the Manitoba Publishers Marketing Assistance Program and the Province of Manitoba, through the Book Publishing Tax Credit, for our publishing program. Indivisible Indigenous Human Rights Joyce Green CONTENTS Indigenous Human Rights Are Indivisible (Joyce Green) • PART 1: THEORETICAL AND POLITICAL CONTEXT FOR INDIGENOUS HUMAN RIGHTS • Denying Indigenous Human Rights: Colonialism and Rights Discourse in Canada (Joyce Green) • The Race Bind: Denying Aboriginal Rights in Australia (Maggie Walter) • Colonialism Past and Present: Indigenous Human Rights and Canadian Policing (Elizabeth Comack) • Indigenous Human Rights and Decolonization (Andrea Smith) • PART 2: ABORIGINAL HUMAN RIGHTS, SPECIFIC THEMES • McIvor v. Canada: Legislated Patriarchy Meets Aboriginal Women’s Equality Rights (Gwen Brodsky) • Confronting Violence: Indigenous Women, Self-Determination and International Human Rights (Rauna Kuokkanen) • Victoria’s Secret: How to Make a Population of Prey (Mary Eberts) • PART 3: INTERNATIONAL AND DOMESTIC CONSTITUTIONAL LAW AND INDIGENOUS HUMAN RIGHTS • Free, Prior and Informed Consent: Defending Indigenous Rights in the Global Rush for Resources (Craig Benjamin) • The Presumption of Conformity: International Indigenous Human Rights and the Canadian Constitution (Brenda Gunn) • Undermining Indigenous Peoples’ Security and Human Rights (Paul Joffe) ORDERING World (except United Kingdom & Europe) Brunswick Books 20 Maud Street, Suite 303 Toronto ON Canada, M5V 2M5 Tel: 416-703-3598 Fax: 416-703-6561 [email protected] www.brunswickbooks.ca United Kingdom & Europe Central Books Ltd. 99 Wallis Road, London, E9 5LN Tel: +44 (0) 20.8986.4854 Fax: +44 (0) 20.8533.5821 [email protected] www.centralbooks.co.uk
Transcript
Page 1: NEW! - University of Regina · Drawing on a wealth of experience and blend- ... or entrenched poverty — are reflective of the disgraceful ... (Craig Benjamin) • The Presumption

Indigenous rights are generally conceptualized and advocated separately from the human rights framework. The contributors to Indivisible: Indigenous Human Rights, however, deftly and powerfully argue that Indigenous rights are in fact human rights and that the fundamental human rights of Indigenous people cannot be protected without the inclusion of their Indigenous rights, which are suppressed and oppressed by the forces of racism and colonialism. Drawing on a wealth of experience and blend-ing critical theoretical frameworks and a close knowledge of domestic and interna-tional law on human rights, the authors in this collection show that settler states such as Canada persist in violating and failing to acknowledge Indigenous human rights. Furthermore, settler states are obligated to respect and animate these rights, despite the evident tensions in political and economic interests between elite capitalists, settler citizens and Indigenous peoples.

“The historic and contemporary challenges faced by Indigenous peoples — be it the tragedy of residential schools, high levels of violence against women, abusive policing , struggles around land and resources, or entrenched poverty — are reflective of the disgraceful failure of Canada and other states to uphold human rights. Indivisible is a critical call to governments and Indigenous peoples to take up the indivisible framework of rights protection enshrined in the UN Declaration of the Rights of Indigenous Peoples.”

— Alex Neve, Amnesty International

Joyce Green is a professor of political science at the University of Regina. She is the editor of Making Space for Indigenous Feminism.

pb 9781552666838$29.95 • 240ppRights: World • October 2014

NEW!FROM FERNWOOD PUBLISHING

critical books for critical thinkers www.fernwoodpublishing.ca

Fernwood Publishing Company Limited gratefully acknowledges the financial support of the Government of Canada through the Canada Book Fund and the Canada Council for the Arts, the Nova Scotia Department of Communities, Culture and Heritage, the Manitoba Department of Culture, Heritage and Tourism under the Manitoba Publishers Marketing Assistance Program and the Province of Manitoba, through the Book Publishing Tax Credit, for our publishing program.

Indivisible Indigenous Human Rights

Joyce Green

ContentsIndigenous Human Rights Are Indivisible (Joyce Green) • PART 1: THEORETICAL AND POLITICAL CONTEXT FOR INDIGENOUS HUMAN RIGHTS • Denying Indigenous Human Rights: Colonialism and Rights Discourse in Canada (Joyce Green) • The Race Bind: Denying Aboriginal Rights in Australia (Maggie Walter) • Colonialism Past and Present: Indigenous Human Rights and Canadian Policing (Elizabeth Comack) • Indigenous Human Rights and Decolonization (Andrea Smith) • PART 2: ABORIGINAL HUMAN RIGHTS, SPECIFIC THEMES • McIvor v. Canada: Legislated Patriarchy Meets Aboriginal Women’s Equality Rights (Gwen Brodsky) • Confronting Violence: Indigenous Women, Self-Determination and International Human Rights (Rauna Kuokkanen) • Victoria’s Secret: How to Make a Population of Prey (Mary Eberts) • PART 3: INTERNATIONAL AND DOMESTIC CONSTITUTIONAL LAW AND INDIGENOUS HUMAN RIGHTS • Free, Prior and Informed Consent: Defending Indigenous Rights in the Global Rush for Resources (Craig Benjamin) • The Presumption of Conformity: International Indigenous Human Rights and the Canadian Constitution (Brenda Gunn) • Undermining Indigenous Peoples’ Security and Human Rights (Paul Joffe)

oRDeRInGWorld (except United Kingdom & Europe)Brunswick Books20 Maud Street, Suite 303Toronto ON Canada, M5V 2M5Tel: 416-703-3598 Fax: [email protected]

United Kingdom & EuropeCentral Books Ltd.99 Wallis Road, London, E9 5LNTel: +44 (0) 20.8986.4854Fax: +44 (0) [email protected]

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