Unshackling Justice for Black and Indigenous Communities in Canada: Reimagining the “Public Interest” Test in Criminal Prosecutions - Slaw
For decades, the ideas of equality, justice, and human rights have been the core pillars of Canada’s national identity. However, the reality embedded within our criminal justice system creates a significant obstacle to the actualization of those ideas. Overrepresentation of Indigenous and Black individuals in Canadian jails and prisons, and systemic racism in the criminal […]
Wisconsin is home to 12 tribal nations, each with its own unique history, culture, and government. As sovereign entities, these nations have the inherent right to create, enforce, and adjudicate laws to protect and enhance …
Saad eí Data: Formalizing the Indigenous Data Sovereignty Movement Within the Navajo National Legal System, A Comparison to the Māori's Data Governance Model - Shania L. Kee
This Note attempts to determine how tribal governments such as the Navajo Nation can exercise greater control over and protect their Nation’s data from external entities. Tribal Nations or Indigenous Nations can exercise their
political and cultural sovereignty by utilizing both Indigenous Data Sovereignty (IDSov) and Indigenous Data Governance (IDGov). This Note will examine the Māori’s application of IDSov within their own culturally-specific IDGov
framework. Then, there will be an overview of the existing mechanisms available within the Navajo Nation legal system that govern data and the fundamental principles embedded in the culture of the Diné (Navajo) people. Finally, this Note will discuss recommendations that the Navajo Nation can incorporate into its legal system using the Māori’s example of its own data governance model and tools as a template. Overall, the goal of this Note is to demonstrate the legal mechanisms
available to the Navajo Nation to implement its own set of data sovereignty principles aligning with its own traditional values, similar to the Māori in Aotearoa (New Zealand).
Indigenous cultural property and international law : restitution, rights and wrongs - Shea Elizabeth Esterling
"Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies"--
Self-determination as voice : the participation of indigenous peoples in international governance - Natalie Jones
Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.
The Native Youth Sexual Health Network (NYSHN) is an organization by and for Indigenous youth that works across issues of sexual and reproductive health, rights and justice throughout the United States and Canada.
Ohlone People Rejoice After City of Berkeley Votes to Return Sacred Land | KQED
There was celebration at a press conference in Berkeley a day after Berkeley’s City Council voted unanimously to adopt an ordinance giving the title of the land to the Sogorea Te’ Land Trust.
Monday, February 19, 2024 – Increasing tribal judicial transparency » Native America Calling
The Saint Regis Mohawk Tribe is making kiosks available in key locations so tribal members can access important information for their judicial and law enforcement systems. It’s part of a multi-phase effort to make their official procedures more transparent and accessible. They plan on ultimately providing digital access to their entire law library, court decisions and other documents that improve citizens’ understanding and engagement with government functions. We’ll talk with tribal representatives from Saint Regis and other tribes putting a priority on transparency and openness.
This webinar showcases authors featured in the upcoming edition of Human Rights, which focuses on current issues and recent developments regarding Native American rights.
How 14 public universities are profiting in the billions from extractive industries on stolen Indigenous land
Extractive industries filling public university coffers on stolen land. Here's how 14 land-grant colleges took 8.2 million acres from 123 Indigenous nations.
Voicing identity : cultural appropriation and Indigenous issues - Edited By John Borrows and Kent Mcneil
"Written by leading Indigenous and non-Indigenous scholars, Voicing Identity examines the issue of cultural appropriation in the contexts of researching, writing, and teaching about Indigenous peoples. This book grapples with the question: who is qualified to engage in these activities and how can this be done appropriately and respectfully? The authors address these questions from their own individual perspectives and experiences, often revealing personal struggles and their ongoing attempts to resolve them. There is diversity in perspectives and approaches, but also a common goal: to conduct research and teach in respectful ways that enhance understanding of Indigenous histories, cultures, and rights, and promote reconciliation between Indigenous and non-Indigenous peoples. Bringing together contributors with diverse backgrounds and unique experiences, Voicing Identity will be of interest to students and scholars studying Indigenous issues as well as anyone seeking to engage in the work of making Canada a model for just relations between the original peoples and newcomers."--
A fire at the center : solidarity, whiteness, and becoming a water protector : a memoir - Karen Irene Van Fossan
"In 1987, when Karen Van Fossan's teenage identity was stolen in a botched bank robbery, she maintained an unquestioning allegiance to the colonial legal system. In 2021, when she found herself in a jail cell on a Water Protector charge, she had long since been a resister of her own colonial culture. But what does it mean, as a descendent of colonialism, to seek to be un-colonial?"--
By Kirstin Nelson (Follow us on LinkedIn) When I started my job at the National Agricultural Library, I had yet to think much about land grant universities. I attended one (University of Nebra…
It's all about the land : collected talks and interviews on Indigenous resurgence - Taiaiake Alfred
"Illuminating the First Nations struggles against the Canadian state, It's All about the Land exposes how racism underpins and shapes Indigenous-settler relationships. Renowned Kahnaw:ke Mohawk activist and scholar Taiaiake Alfred explains how the Canadian government's reconciliation agenda is a new form of colonization that is also guaranteed to fail. Bringing together Alfred's speeches and interviews from over the past two decades, the book shows that Indigenous peoples across the world face a stark choice: reconnect with their authentic cultures and values or continue following a slow road to annihilation. Alfred proposes a radical vision for contesting and confronting the ongoing genocide of the original peoples of this land: Indigenous Resurgence. This way of thinking, being, and practising represents an authentic politics that roots resistance in the spirit, knowledge, and laws of the ancestors. Set against the historic arc of Indigenous-settler relations in Canada and drawing on the rich heritage of First Nations resistance movements, It's All about the Land traces the evolution of Indigenous struggle and liberation through the dynamic processes of oratory, dialogue, action, and reflection."--
Níhi kéyah : Navajo homeland - 01UA - edited by Lloyd L. Lee
"The book provides individual Diné/Navajo examinations and understandings of Níhi kéyah, Navajo homeland. These examinations and understandings represent a distinctive lens of Diné/Navajo peoples and way of life"--
Diné identity in a twenty-first-century world - Lloyd L. Lee.
"Informed by personal experience and offering an inclusive view, Diné Identity in a Twenty-First-Century World showcases the complexity of understanding and the richness of current Diné identities"--
Remapping sovereignty : decolonization and self-determination in North American indigenous political thought - David Myer Temin
"An original account of the stakes of sovereignty for recovering anticolonial pasts and fashioning anticolonial futures. Despite their signal contributions to present-day anticolonial struggles from #NODAPL to Idle No More, Indigenous societies around the globe are recurrently neglected in histories and theories of decolonization. What results from this disregard is not only skewed history, but also diminished political horizons for those (Indigenous and non-Indigenous) striving to transform an unequal world profoundly shaped by colonialism. Bridging political theory and Indigenous Studies, political theorist David Temin shows how key 20th-century Indigenous intellectual-activists in lands today claimed by Canada and the United States fundamentally recast the philosophical substance and normative goals of decolonization. Through history, textual interpretation, and conceptual analysis, his book recasts a vision of anticolonial thought and agency that circles around a politics of self-determination disentangled from sovereignty as institution and ideal-one committed to the relational flourishing of human and other-than-human beings against colonial domination"--
Indigenous Resilience Center puts tribes first in several water solutions projects
Leaders from the Indigenous Resilience Center shared at the One Water Summit about their efforts to work with tribal communities on water audits, filtration systems, and other solutions.