Loss of Indigenous People's rights over time

Syllabus Topic

Option 4: Indigenous peoples

Nature of the law and indigenous peoples

• loss of rights of indigenous peoples over time

INTRODUCTION

Indigenous peoples around the world have historically faced significant challenges in securing recognition of their identities, ways of life, and rights to traditional lands, territories, and natural resources. This article explores the gradual erosion of indigenous rights over time, examining the complex factors and historical events that have contributed to their marginalization and ongoing struggles.

Historical Context and Causes of Struggle

Indigenous peoples' struggles for recognition and rights stem from various historical and contemporary factors:

Colonisation and Expansion

Colonisation by European nations in their imperialist expansion period played a pivotal role in the loss of indigenous rights. Beginning with Portugal and Spain and later expanding to include the Netherlands, UK, France, and other European powers, colonization spread across continents like South America, North America, Southeast Asia, India, and Africa. European settlers often disregarded indigenous legal and political traditions, imposing their own legal codes and marginalizing indigenous laws as "customary."

Land Encroachment and Sovereignty

The settlement of "new worlds" by European and European-descendant explorers, furriers, trappers, and miners further encroached on indigenous territories. In Australia, for example, continuous frontier expansion by farmers deprived Indigenous inhabitants of their traditional lands, disrupting their cultural and spiritual ties to the land. Similarly, in South America, farmers and miners cleared vast stretches of the Amazon rainforest for plantations and grazing lands, displacing indigenous communities and exacerbating inter-tribal conflicts.

Ideological and Commercial Conflicts

Differences in legal, political, commercial, and ethical systems between indigenous societies and settler/colonial societies often led to conflicts and injustices. The capitalist focus of colonial empires clashed with the more communal and sustainable lifestyles of indigenous peoples, creating disparities in property rights and resource exploitation.

Case Studies and Examples

Māori and British Settlers in New Zealand

The early interactions between Māori communities, organized under communal iwi structures, and British settlers illustrate conflicts over property rights. British legal norms of individual property ownership clashed with Māori communal ownership practices, disadvantaging Māori in property negotiations and leading to inequitable outcomes.

Remote Indigenous Communities

Indigenous peoples living in remote regions, such as the Inuit of the High Arctic who were relocated by the Canadian government, and tribes in Northern Russia and New Guinea's highlands, remained relatively untouched by colonialism due to the inhospitable nature of their environments. However, even these communities faced challenges during World War II, when strategic interests led to military installations and disruptions to their autonomous governance.

Impact of World Wars

World War II intensified the exploitation of natural resources for war efforts, heightening global demand for land and resources previously disregarded by colonial powers. Indigenous lands in far northern Europe, Southeast Asia, and islands north of Japan became strategic military outposts, displacing indigenous populations and subjecting them to foreign laws and regulations.

Inuit in Greenland

The Inuit population of Greenland, historically isolated from European contact, faced significant changes during World War II. The presence of German and later American military installations on Greenlandic soil disrupted traditional Inuit lifestyles and led to forced relocations, such as the establishment of Thule Air Base. These actions forced urbanization and introduced challenges for Inuit communities adjusting to new societal structures.

Conclusion

The ongoing loss of rights experienced by indigenous peoples globally reflects a complex interplay of historical injustices, economic interests, and cultural clashes. As we examine these issues, it becomes clear that addressing the rights and sovereignty of indigenous peoples requires understanding their historical contexts and ongoing struggles within the framework of national and international laws.

SOURCES

Facing History & Ourselves: "Expansion Was Everything" - European Imperialism

Deadly Story: Frontier Wars

Mongabay: Study confirms surge in deforestation in Indigenous lands under Bolsonaro

The Encyclopedia of New Zealand: MAORI SOCIAL STRUCTURE

The Canadian Encyclopedia: Inuit High Arctic Relocations in Canada

Cultural Survival: Who Are the Indigenous Peoples of Russia?

Minority Rights Groups: Papua New Guinea

JSTOR- Lin Poyer, University of Hawai’i Press: War at the Margins: Indigenous Experiences in World War II

SSRN- Marie Louise Holle, Copenhagen Business School: The Forced Relocation of Indigenous Peoples in Greenland – Repercussions in Tort Law and Beyond