Aboriginal Self-Government And International Law

International recognition of Indigenous Nations rights to Sovereignty is a stepping stone to decolonizing and reestablishing a world of social justice. In order to secure these fundamental human rights, the global community must address past oppression and conflict, adapt processes to decolonize political infrastructures and social attitudes, and re-establish equality. Recognition will start with the development of social initiatives to change current social ideologies (through education and International support), acknowledging current and past conflicts and injustice towards indigenous nations, development and implementation of new policies that will begin a decolonizing process that will remove or amend any dominating, oppressive, and/or exploitative legislation.

Canada and other Countries that lead in this change will encourage others to see how Indigenous concepts of collective socialism might actually unite nations globally and make changes for peace. As Indigenous Self-Governance gains the momentum of sustainability, the development and reinstatement of existing indigenous political practices will demonstrate and help foster global awareness of diverse positive political social structures. Indigenous Self Government will be an opportunity to adopt new concepts to better lead the global community. The United Nations has finally accepted a role to encourage recognition of Indigenous Sovereignty. Global acknowledgment of these rights must harness social awareness and accountability. As Indigenous Nations commence their self-governance, humanity must embrace an empathetic and supportive attitude. If attainable, a convergence of harmony will lead us down the good red road. It will be an opportunity for humanity to gain the humility, truth, courage, honesty, bravery, respect, and love, it so deserves. Indigenous Self Government can be transformational. Gaakigiwe Inakonigewin is the Sacred Law of the Great Spirit. Sacred Law is supreme over a temporal law, it is absolute and it is immutable. Sovereignty is the original freedom bestowed upon us by the Creator and its part of Sacred Law.

This theology will help us to develop a new social and political map for governance. It will foster kindness respect and dignified relations. It will empower oppressed people to become economically proficient, sustainable, empowered, and confident. "In Treaty #3, we believe that informed people are an empowered people. " A stronger, proactive community will be able to develop new perspectives to maintain and restore traditions and cultures in need of revival and preservation. Further, Indigenous self-government will strengthen nation to nation relationships and develop a global initiative for respect. Currently, there is a global desire to make a change and First Nations governance would lead in a positive transition for global unity.

There is also a growing global curiosity and interest in indigenous ideologies that promote collective rights based on The 3 R's; respect, responsibility, and relationships that support the importance of every member of its community. In Canada, the Anishinaabe nation practiced, pre-existing to Colonialism, Self Governance. . . . Anishinaabe Aki jurisdiction existed, as evidence in the written treaty accounts:I will tell you what he [the Great Spirit] said to us when he planted us here; the rules that we should follow - us Indians - He has given us rules that we should follow to govern us rightly. Indigenous people demonstrate their connectedness to land and mutual respect for all living things, inherent to "Our Mother", the Earth. This is demonstrated in each of the four domains of being and our right to sovereignty.

For the last 30 years, the development of technology has allowed a stronger sounding voice for indigenous peoples around the world. Their perspective of historical events is now being presented in a public political forum. "As transitional justice advances globally, Indigenous peoples' critiques, activism, and calls for self-determination and decolonization have made themselves ‘heard' within transitional justice circles. " Terms such as "Global Justice" are common in the political forum. The global community is being challenged to adopt new perspectives in a time where transition is critical. Global conflict is intensifying, corporations are monopolizing and we are witnessing the destructiveness of past Colonialist practices as they come to fruition. The consequences may have drastic global implications for humanity.

One of the emerging realizations that comes from thinking through history in a different way and thinking through the problems that are besetting our communities is that people all across the land are beginning to recognize that there is some form of responsibility for transforming the governing institutions and the fundamental relationships in the society. In a sense, people are starting to realize the effects of industrial contamination on people's lives everywhere, and of climate change.

They are starting to see that the country's roots as a colonizing enterprise have created a pattern and structure to the relationships between all people and between people and the land in this country that is ultimately destructive to everyone and everything involved. Upon continual realization, the global peace community is slowly grasping at new concepts to determine a new fate for our planet. Indigenous ideologies of collective rights and environmental accountability are becoming more desirable, almost "popular" due to the support of social dignitaries in the media. In the past, Media had not held the power that it does today. TV, Internet, and Social Networking have developed new personas that hold powerful influence because of their position. These individuals are celebrated in today's modern culture and their support for Indigenous rights has encouraged their audiences to develop changing perspectives. Capitalism is being challenged based on a more desirable need for equality and human rights. From where we stand today, in the middle of a Colonizer Problem, fixing the economy, addressing climate change, and respecting the earth all require the achievement of a just relationship with the nations of Original People and manifest respect for the worldview at the base of their cultures. Tinkering with of reforming existing institutions and relationships are useless. What we need is a fundamental shift away from a conquest mentality to a frame of mind that places human beings in real and lasting relationships with each other and the natural environment. We have become exhaustive of old mentalities that are not conducive to global harmony and prove time and time again to be destructive. From the start of 1999 to 2008, brothers Craig and Marc Kielburger had developed their "Me to We" initiative encouraging a world that could focus on kindness and respect. They believed that the world could harness a new philosophy of social collectivism, where humanity worked together to ensure the success of all people in our global community. They emphasized volunteerism, and developed social initiatives to educate humanity with hopes to build a strong foundation for human kindness and social accountability. Their aim was to help children around the world that were struggling to sustain basic human rights and/or were being exploited or abuse (generally indigenous and citizens of third world living conditions). Their initiative was recognized by Oprah Winfrey and many other notable and influential magnates. By 2008, huge rallies and events were being viewed globally and education in Canada, Australia, Europe, and the U. S. A. commenced integration of social character education supporting these ideas and concepts "to be the change you wished to see in this world. " Gandhi, the Dali Llama, and other dignitaries of peace seemed to become more prominent in educational discussions.

Globalization was now becoming a primary focus for social change. Countries that did not have a sounding voice are now gaining political momentum on an International level. The United Nations has initiated it's protection for Indigenous Rights and Freedoms and directed a path to awareness of these freedoms through development of educational rights for indigenous people, a movement for monumental change to begin decolonizing indigenous people and empower them to overcome poverty, exploitation, and the atrocities of being subjected to dominionist ideology and abuse. . . . restorative model, which informs the principles of truth commissions and other transitional processes, involves survivors and communities, facilitates connections among diverse peoples, generates new historical accounts, and creates public fora for victims and survivors. The insurgence of global interest of past abuse and the support for indigenous empowerment through education would be definitive for reconciliation. However, acknowledging the past would mean a new future of respectful transition of self-governance. Acknowledging the wrongs would mean a future very different from the past, returning control to humanity where every person has the right to have a voice in their governing body. Where it had existed prior to oppression, Indigenous Self Governance would once again be a human right. Under Article 4 of the UN Declaration on the Rights of Indigenous Peoples it states; Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. If imperialist and colonialist ideologies had not prevailed, the world would have been a much healthier realm and the need for protection would not be necessary. Though aspirational in nature, the declaration is supported by the participation of its members. States are responsible to uphold the integrity of the declaration and rights of the people it defines. Though Indigenous Self Governance is supported internationally, there much to be done to secure these freedoms. Each step forward begins a path forged to a better future. Many countries are resistant to self-governance. They suggest that the economic implications of losing control over indigenous lands, would be detrimental to the economy of existing governments. Financial and corporate interest to Indigenous Lands and Resources could mean a loss of revenue. Granting autonomy to Indigenous People could lead to instability or conflict. The process and legal fees could be a financial burden to "tax paying" citizens. These fears disregard human rights above profit and are part of the colonialist mentality which is laden with irony that makes the current social-political systems illegitimate and ineffective. Such ideologies and unjust legislation, such as The Indian Act, have been deeply engraved in a colonialist/capitalist society because policy was developed based on these fears. Indigenous people have been exploited, oppressed, abused, murdered, and even assimilated into this society. Undoing the wrongs of the past will take time. Canada is currently undergoing this process, along with other countries like Australia and New Zealand. . . . Canada, the United States, Australia and New Zealand. Each of these countries has modified and made use of transitional instruments to address harms to Indigenous peoples. Academics and practitioners have responded to this development through efforts to understand the implications and possibilities of transitional justice for Indigenous peoples.

Canadian Prime Minister Justin Trudeau, is once again revisiting policy revision regarding Indigenous citizens in Canada. Though Treaties were signed between the Crown and First Nations people, the intention of the agreement is still being disputed. Policies like the Indian Act, impair the Government of Canada to honour the equality and freedoms of "their" Indigenous Nation. Though the Indian Act defines the rights of First Nation people, it is racially charged and oppressive in nature. The Indian Act is not ours. It was established under section 91. 24 of the British North America Act which is also not ours. Yes, many unilateral amendments have been imposed upon us times since its inception in 1876. The Indian Act is a foreign piece of legislation that belongs to Parliament. It is colonialist. It is racist.

It defines the rights of "Indians" and secures underlying rights to education, land entitlement, and fishing and hunting but with conditions that are favourable to the Crown. Redevelopment of this Act will have to amend the bias and rightfully restore beneficial title, rights, and compensation for First Nations people. It will have to support the intention of the Treaties, from the understanding of the Indigenous Nations that "agreed" when Canada was in the early stages of development. Throughout the history of Confederation, Canada has claimed that treaties were signed with Indigenous people to maintain peaceful relations. It has been nothing of that nature. The country claimed that concession of lands was granted, and that they have provided the right to education and social services for indigenous people. They omit however, the intention, conditions, and terms of these services inflicted by the Crown. At the time of treaty-making, because of economic benefits, this land was hard fought for over decades prime farmland in North-western Ontario. However, Ontario's demand to extinguish several reserves in this region all but extinguished the rich economic benefits expected from the Treaty for the Anishinaabe. Overall, the shared treaty experience of the Anishinaabe was the fact that the Crown was failing to fulfill its promises. Prime hunting lands were confiscated and Indigenous people were displaced onto "unwanted or less desirable" lands that became known as "reserve" lands. The Crown's intention was economically charged to consume prime resources and remove any "hindrance" of their pursuit. Education of First Nation's children was implemented with the intention to assimilate them into Canadian society. This process was brutal, abusive, and genocidal. In many instances, children were torn from their families and placed in homes or residential schools and were refused the right to return home. They were abused, beaten, tortured, and murdered, and cultural genocide was resultant. Though victims of these atrocities deserve a detailed explanation of their suffering, it is currently being shared within the Nation through an initiative called "Truth and Reconciliation".

Reconciliation follows an Anishinaabe concept. Reconciliation understands that past harms and injuries cannot be fully repaired as they are experienced as much as they are "done". As spiritually enlightened as the Anishinaabe were, in Anishinaabe Inakonigaawin (law) the definition of "justice" was reconciling the past harms with available benefits such as labour owed to the "survivor" by the person or persons who caused the harm. Achieving balance was the communal goal of everyone, it was a shared value of the Anishinaabe community. The process to decolonize has commenced within the political and social structure. However, racism is deeply embedded in a Nation that was formed based on these ideologies. Acknowledging conflict of Indigenous people is essential. Abusive tendencies cannot change if they do not acknowledge the wrongs of the action. Apologies commence the healing process. Forgiveness begins when actions are taken. Decolonizing policy and institutions is proactive for Indigenous Sovereignty and essential for Reconciliation. The road to Sovereignty is long because attitudes and belief systems need to be further challenged. This is complex because racism is learned and exemplified within families from the commencement of life. Education and social intervention will assist to change these ideologies. The United Nations Declaration for Indigenous People will assist and support Nations that are encouraging or making transformation processes for Indigenous Self-Government.

Though the challenges exist, the global community seems to be experiencing a shift in ideology and political practice. Indigenous Self Government will establish guiding principles for decolonizing the global community and develop new attitudes and beliefs for global harmony. Through acknowledgment, education and social reform, and the development of an empowered global community, the world will return to the path and follow the good red road.