"Doctrines of Dispossession" - Racism against Indigenous peoples

[marcel]

Date: Fri, 22 Feb 2008 13:31:09 +1300
From: Clarke <tep...@gmail.com>



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Racism against Indigenous peoples

http://www.un.org/WCAR/e-kit/indigenous.htm

"Racism has historically been a banner to justify the enterprises of
expansion, conquest, colonization and domination and has walked hand
in hand
with intolerance, injustice and violence."

- Rigoberta Menchú Tum, Guatemalan Indigenous Leader and Nobel Peace
Prize
Laureate "The Problem of Racism on the Threshold of the 21st Century"

"Doctrines of Dispossession" - Racism against Indigenous peoples

Historians and academics agree that the colonization of the New World
saw
extreme expressions of racism - massacres, forced-march relocations,
the
"Indian wars", death by starvation and disease. Today, such practices
would
be called ethnic cleansing and genocide. What seems even more
appalling for
contemporary minds is that the subjugation of the native peoples of
the New
World was legally sanctioned. "Laws" of "discovery", "conquest" and
"terra
nullius" made up the "doctrines of dispossession", according to Erica
Irene
Daes, chairperson/rapporteur of the United Nations Working Group on
Indigenous Populations, in a study on indigenous peoples and their
relationship to land.

Specifically, in the fifteenth century, two Papal Bulls set the stage
for
European domination of the New World and Africa. Romanus Pontifex,
issued by
Pope Nicholas V to King Alfonso V of Portugal in 1452, declared war
against
all non-Christians throughout the world, and specifically sanctioned
and
promoted the conquest, colonization, and exploitation of non-Christian
nations and their territories. Inter Caetera, issued by Pope Alexander
VI in
1493 to the King and Queen of Spain following the voyage of
Christopher
Columbus to the island he called Hispaniola, officially established
Christian dominion over the New World. It called for the subjugation
of the
native inhabitants and their territories, and divided all newly
discovered
or yet-to-be discovered lands into two - giving Spain rights of
conquest and
dominion over one side of the globe and Portugal over the other. The
subsequent Treaty of Tordesillas (1494) re-divided the globe with the
result
that most Brazilians today spe ak Portuguese rather than Spanish, as
in the
rest of Latin America. The Papal Bulls have never been revoked,
although
indigenous representatives have asked the Vatican to consider doing
so.

These "doctrines of discovery" provided the basis for both the "law of
nations" and subsequent international law. Thus, they allowed
Christian
nations to claim "unoccupied lands" (terra nullius), or lands
belonging to
"heathens" or "pagans". In many parts of the world, these concepts
later
gave rise to the situation of many Native peoples in the today -
dependent
nations or wards of the State, whose ownership of their land could be
revoked - or "extinguished" -- at any time by the Government.

Indigenous leaders today contend that it is essentially discriminatory
that
native title does not confer the same privileges as ordinary title.
According to Mick Dodson, an Australian Aboriginal lawyer, the concept
of
extinguishment "treats indigenous rights and interests in land as
inferior
to all other titles". According to indigenous law and custom,
indigenous
interests can only hold native title, and, according to the law put
into
place since then by the European immigrants, native title can be
extinguished.

Indigenous Peoples in the 'New World'

The world's indigenous peoples - or "first peoples" - do not share the
same
story of colonization. In the New World, white European colonizers
arrived
and settled suddenly, with drastic results. The indigenous peoples
were
pushed aside and marginalized by the dominant descendents of
Europeans. Some
peoples have disappeared, or nearly so. Modern estimates place the
15th
century, or pre-Columbus, population of North America at 10 to 12
million.
By the 1890s, it had been reduced to approximately 300,000. In parts
of
Latin America, the results were similar; in others, there are still
majority
indigenous populations. But even in those areas, indigenous people are
often
at a disadvantage. Indigenous peoples in Latin America still face the
same
obstacles as indigenous peoples elsewhere - primarily, separation from
their
lands. And that separation is usually based on distinctions originally
deriving from race. Indigenous peoples in the 'Old World'

Among African peoples, there are clearly groups of peoples who have
always
lived where they are, who have struggled to maintain their culture,
their
language and their way of life, and who suffer problems similar to
those of
indigenous peoples everywhere, particularly when forcibly separated
from
their lands. These include poverty, marginalization, the loss of
culture and
language, and the subsequent problems of identity that often lead to
social
problems such as alcoholism and suicide. Because of these particular
similarities, many people find it useful and suitable to consider such
groups indigenous peoples.

The hunter-gatherer Forest Peoples (Pygmies) of the central African
rainforests, comprising many groups, are threatened by conservation
policies, logging, the spread of agriculture, and political upheavals
and
civil wars. They are usually at the bottom of the social structure. It
is
ironic that modern conservation policies intended to protect species
of
animals, not groups of humans, forbid many of these hunter-gatherers
from
hunting. Nomadic pastoralist peoples like the Maasai and Samburu of
east
Africa are struggling with the encroachment of farming and
conservation into
their areas. As they are limited to smaller and smaller spaces, it
becomes
more and more difficult for them to maintain their livestock,
especially in
difficult periods, such as times of drought. Increasingly, they are
being
forced to move to urban areas.

The San, or Bushmen, of southern Africa have in some cases
disappeared, or
nearly so, as they have lost or been driven from their traditional
homelands. Large numbers remain in Namibia, but they are usually
impoverished and unable to live their traditional way of life. Many of
them,
with nowhere to go, have simply stayed, and now find themselves poorly
paid
laborers on farms - made up of their traditional territory -- now
owned by
whites or by other Africans. The Imazighen (Berbers) are the
indigenous
peoples of northern Africa and the Sahel. The best known Imazighen may
be
the Tuareg. Most Imazighen who have not been assimilated live in the
mountains or the desert. In Mediterranean areas, they have become
sedentary;
those living in the desert are usually nomadic. Today they exist as
small
linguistic pockets, with few, if any, cultural protections. Activists
are
working to maintain their language and culture.

"Well-intentioned" discrimination: the cost

In Australia, Canada and the United States, one practice which has
only been
recognized as discriminatory and damaging in the second half of the
20th
century is the forced removal of Native/Aboriginal children from their
homes. In Australia, the practice focused on mixed-race Aboriginal
children,
who were forcibly taken from their parents and given to adoptive white
families. These children usually grew up without the knowledge that
they
were in fact partly Aboriginal. Today they have been named the "Stolen
Generation".

In the US and Canada, Native children were sent to the notorious
residential
schools, which persisted well into the latter part of the 20th
century.
Language, religion and cultural beliefs were often the objects of
ridicule.
Speaking native words was forbidden, and often earned physical
punishment -
to force a stubborn Indian child to learn to speak good English.
Contact
with parents and family was often discouraged, or even disallowed. In
the
worst examples, to discourage run-aways, children were told their
parents
had died, that there was no home to return to; or, vice versa, to
discourage
parental visits, families were told that their children had died. In
an
ironic twist, these falsehoods sometimes proved prophetic: there were
cases
where children did run away in mid- winter, dressed only in
nightclothes,
hoping to find their way home. Today it is assumed that they froze to
death,
as their parents have never been able to find them.

In an earlier age, these actions were defended as being in the "best
interests" of the Indian/Aboriginal child, to improve her chances in
the
modern world. Assimilation was the goal. The value inherent in
indigenous
cultures and knowledge was not then recognized.

In isolated areas, some residential schools attracted faculty and
staff of
the sort who prey on children. Extensive physical and sexual abuse has
been
documented. In North America, as the abuse has come to light, victims
have
been identified and there have been attempts to provide remedies and
retribution. The United Nations Tackles the Problem of Discrimination
against Indigenous Populations The United Nations first focused its
attention formally on the problems of indigenous peoples in the
context of
its work against racism and discrimination.

In 1970, the Subcommission on Prevention and Discrimination and
Protection
of Minorities (a subsidiary body of the Commission on Human Rights)
commissioned Special Rapporteur Martinez Cobo of Ecuador to undertake
a
study on "The Problem of Discrimination against Indigenous
Populations".
That monumental study, completed only in 1984, carefully documented
modern
discrimination against indigenous peoples and their precarious
situation.
His report catalogued the wide variety of laws in place to protect
native
peoples: some of these were discriminatory in concept, and others were
routinely disregarded by the dominant community. It concluded that the
continuous discrimination against indigenous peoples threatened their
existence.

The report found that some governments denied that indigenous peoples
existed within their borders. Others denied the existence of any kind
of
discrimination - in contradiction to the reality encountered. It
described
cases where the governmental authorities, when reporting on the
situation of
indigenous peoples, unwittingly betrayed their baldly discriminatory
thinking. For example, a governmental official in the Americas replied
to
Mr. Cobo's request for information on "protective measures" by
stating: "In
our civil legislation, the Indians are not even included among the
incapable
persons." Another responded: "They are not inscribed in the Birth
Register,
which means that they have no legal civil personality. They are beings
without political, social or economic obligations. They do not vote.
They
pay no taxes." A judicial decision concluded that an Indian could not
be
found guilty of homicide because of "unsurmountable ignorance",
stating
"Although in our country they belon g to the category of Citizens with
rights and duties.... The Indian does not reach the text of Law. He does
not
understand it."

The establishment of the United Nations Working Group on Indigenous
Populations in 1982 was a direct result of the Cobo study. Consisting
of
five independent experts, the Working Group meets annually in Geneva,
and,
until now, has been the only arena in the United Nations system in
which
indigenous peoples could state their views. The United Nations
International
Decade of the World's Indigenous People (1995-2004) has helped to
focus
efforts in the UN system on two primary goals: the creation of a
Permanent
Forum on Indigenous Issues, and the drafting of a declaration on the
rights
of indigenous peoples. The draft Declaration is still under
consideration by
the UN Commission on Human Rights. The Economic and Social Council
(ECOSOC),
the UN Charter body to which the Commission on Human Rights reports,
recently took steps to establish the Permanent Forum on Indigenous
Issues,
which will consist of eight governmental experts and eight indigenous
representatives. Indigenous represe ntatives will for the first time
be
allowed to address directly an official United Nations Charter body,
ECOSOC.

Due to growing concerns about the environment, the activity undertaken
by
the Working Group and other United Nations bodies and the advocacy
work
carried on by indigenous groups and non-governmental organizations,
indigenous peoples worldwide are receiving increasing attention from
their
respective governments. Countries such as Canada, Australia and the
United
States have focused efforts on settling land claims with indigenous
groups
and on achieving reconciliation for past injuries, including those
done in
the name of assimilation. In Scandinavia, the native Saami have
established
a parliamentary forum across their national borders. In Africa,
indigenous
groups have just begun to mobilize. In other areas, indigenous groups
have
taken strong positions in defiance of their governments. And in a
first, a
UN-brokered peace agreement in the civil war in Guatemala gave a
specific
role to indigenous peoples. But a lot has not been settled.

Retribution: Land claims and more

Native groups have made a great deal of progress in pursuing land
claims,
particularly in the Americas and Australia. Of particular note is is
Nunavut, Canada's newest and largest territory. Established on 1 April
1999
to be a homeland for the Inuit, who make up 85 per cent of its
population,
it was the result of the process that began in the early 1970s when
Canada
decided to negotiate settlements with aboriginal groups that filed
land
claims. The establishment of Nunavut represents a new level of
indigenous
self- determination in Canada.

In response to the reports of widespread abuse in the residential
school
system, the Law Commission of Canada in 1996 published a report,
"Restoring
Dignity: Responding to Child Abuse in Canadian Institutions". In its
research, the Commission found that, in addition to physical and
sexual
abuse, it was imperative to also consider the emotional, racial and
cultural
abuse. Following the report, the Government of Canada announced a new
programme "Gathering Strength - an Aboriginal Action Plan". It called
for a
renewed partnership with Aboriginal people based on recognizing past
mistakes and injustices, the advancement of reconciliation, healing
and
renewal, and the building of a joint plan for the future. The
Government
also offered a Statement of Reconciliation, in which it said "To those
of
you who suffered this tragedy at residential schools, we are deeply
sorry."

Unfortunately, it has become apparent that resolving such emotionally
charged issues will take a great deal of time and commitment. With
over
6,000 lawsuits currently seeking reparations for physical and sexual
abuse,
the Churches who ran the schools for the Canadian Government and who
are
co-defendants in the suits report that they are facing almost certain
bankruptcy. And a number of the victims of abuse have committed
suicide.
Elsewhere in North America, the United States is also in the process
of
settling many land claims. Some Indian Nations have successfully
established
a level of sovereignty. A few have established casinos that have
become
multi-billion dollars industries and that provide needed jobs to
depressed
areas - and not just to residents of the reservation.

In one particularly difficult case, the Federal Government has filed
suit
against New York State for illegally acquiring and selling land
belonging to
the Oneida Nation - land that is now occupied by thousands of upset
American
homeowners. While the Oneida Nation has insisted throughout that they
have
no intention of seizing anyone's land or evicting anyone, feelings
have run
very high. Death threats have been made.

The Cayugas, the Senecas, the Mohawks and the Onondagas - all
Haudenosaunee,
or members of the Iroquois Confederacy, along with the Oneida Nation -
also
have claims on property in New York State. Because the population of
New
York State is much more dense than in most other areas of "Indian
country",
these may prove difficult to resolve to everyone's mutual
satisfaction.

Pine Ridge Reservation, in South Dakota, is the poorest county in the
United
States of America. The midwestern states are also the site of more
obvious
racism against Native Americans. It has been commonly charged that
there are
two tiers of justce, one for Native Americans and another for
"whites".
Native Americans say that crimes committed against them - including
those
resulting in death - receive only a cursory investigation, while
crimes
committed against "whites", allegedly committed by Native Americans,
are
fiercely prosecuted. And daily expressions of racism of the type long
thought to exist only in memory still occur -- but the apparent
recipients
are Native Americans. The segregated lunch counters of the South may
no
longer exist, but Native Americans say they are not surprised when
they are
refused service in a coffee shop. Such experiences of Native Americans
living in Indian Country, however, are not known to vast majority of
American citizens. Which gives rise to another question: is racism
against
Native Americans less likely to be covered by the mainstream media?

World Conference against Racism

The problems indigenous people face will be high on the agenda of the
World
Conference against Racism, Racial Discrimination, Xenophobia and
Related
Intolerance set to take place from 31 August to 7 September in Durban,
South
Africa. At that meeting the international community is expected to
broaden
its focus on the wide variety of modern forms of racism and
discrimination.
The title of the Conference makes it clear that the fight against
racism is
more than just about colour.

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