Aboriginal Rights

Canada, the United States and

Latin America from 1950-1980

General History
First contact with natives in
Canada, Latin America and the
United States dates back to 1492
and the arrival of Columbus
Settlers from Europe, primarily
from Portugal, Spain, England,
France and the Netherlands
arrived in search of new
resources
They found indigenous
inhabitants
They carved up the territory and
established trading outposts

Early Relations
Well, basically NOT GOOD
Epidemic disease (small pox, measles.and
the list goes no)
Enslavement
Warfare throughout
Intermarriage

Natives were used to verbal land dispute

agreements
Settlers had written documents
Not fair and in many cases not upheld

By the middle 1800s most nations throughout

the Americans had their independence
Some countries held on to their possessions
longer
Relations between the indigenous population,
settlers and mestizos were not always the
best

Canada

Settled by both the English and the French

There were several wars early on, but relations
stabilized by the 1700s
Colonists established families with natives
Metis-term to describe a person of mixed heritage
Pushed for rights several times

A multitude of treaties had been written

throughout history
Some provisions were not upheld
1876-The Indian Act was passed
It allowed the Federal Government to facilitate the
assimilation of the aboriginals into common
culture
But it included several discriminatory provisions
including the lack of vote, not allowing the drinking
of alcohol or leaving of reservation without
permission

1950-1980

The Universal Declaration of Human Rights

1951-Indian Act altered to fix some discriminatory practices

Could now drink on their reservations and practice some

cultural rituals once outlawed

1960-Dief the Chief granted voting rights to natives

1968-Trudeau issued the White Paper

1948
Forced Canada to look at their treatment of Aboriginals

Basically the Government of Canada would no longer negotiate

with any non-sovereign nation
Natives countered with Red Paper, completely rejecting the
paper

A multitude of other issues, debates and cases came up

which dealt with basic rights including the pipeline debate
1973-The Government of Canada formally recognized
nation claims
Constitution Act of 1982 was signed guaranteeing rights for
all aboriginals and inuits

The United States

The Vikings came into contact with the

natives first(@1000)
Columbus came in 1492
Relations were pleasant at first, until
they began to move west
Disease was common
Small pox, measles

In 1832 the Government issued a

vaccination program
Many Natives took part in the
Revolutionon both sides
1840-Manifest Destiny or Indian
Removal???
Over the course of the next 100 years
Indians were killed or forced onto
reservations

19 /20 Century US
th

th

The Indian Removal Act of 1830

All land East of the Mississippi could be
exchanged for land west
The Trail of TearsSome 4,000 Cherokee died
due to relocation

Resistance was significant

Battle of Little Bighorn 1876
Wounded Knee 1890

Many fought in the Civil War, WWI and WWII

Approx 44,000
Disrupted culture, land, a general disharmony

Some served as code talkers

Learned and trained at Camp Pendleton
Some 200 terms at first, as many as 600 at
wars end
Coding machines took 30 minutes, Navajo
would take 20 seconds
Vital to the interests of the war

Native American Rights Today

There are some 550 plus
federally recognized tribes in the
US
Live in predominately 3 states
(AZ, CA, OK)
Most NA have mixed cultural
background, but there are 9
primary tribes
NA mascots have come under fire
in the past 10 years
NCAA has banned use of violent NA
mascots
Only one exception-FSU Seminoles

Wounded Knee and AIM

AIM-Began in 1968, by Dennis Banks, George Mitchell

and Clyde Bellecourt as a main force in the push for NA
CR
Began out of complaints over high unemployment, slum
housing and racist treatment

Its goals are to increase awareness and secure CR

1973-Took over the town of Wounded Knee for 71 days
over the conditions on the Pine Ridge Indian
Reservation
Decision on location was based on the massacre at the
same location in 1890
Led to two deaths in the standoff
The movie Thunderheart has some connections to the
event in 1973 and 1890
Leonard Peltierindicted for the murder of two federal
officers on the reservation, he is a member of AIM and a
main political activist

Legislation

Bureau of Indian Affairs

Established in 1824..oversees the management of
the entire reservation system in the US
Part of the US Department of the Interior

1924- American Indians classified as citizens

1934-Indian Reorganization Act
Allowed management of tribal assets
Local self-government of tribes

1968-Indian Civil Rights Act

Basic rights accorded to NA based on civil liberties
and Bill of Rights issues

1975-Indian Self-Determination and Education

Assistance Act
Allowed government agencies to enter into
contracts with tribes
Gave tribes greater control over funding

Latin America

Several countries have sizable populations of NA

Bolivia, Peru, Paraguay, Mexico, Guatemala, Colombia
and Ecuador
Hundreds of languages are spoken in the LA

As mentioned, colonization brought a myriad of ,

diseases and lasting problems
Currently today there are still lasting issues:

Poverty is pervasive and significant

Abysmal living conditions and health problems
Educational issues
Correlated parental educational issues
Findings indicate that pay is under what non-indigenous
counterparts make

Throughout the last 50 years there has been a number

of movements in a number of countries demanding
equal treatment for the Indig. population

Case Study: Peru

Spanish occupied and colonized Peru in the 16th century

Indigenous people make up between 31% to 45% of the

population
Most occupy areas called communal reserves

Predominately Quechua and Aymara from the Andean

Highlands w/ more than 15 linguistic families
Both terms insight potential racism and discrimination

Conflicts over territory has existed over time

Of course they brought disease and social unrest

Many have lost territory in their historical areas or have had

to
Almost 10 million hectares have been lost due to economic
activities
In 2009, a protest by indigenous populations led to the
deaths of 33 people over the adoption of laws over the
exploitation of natural resources

Conflicts in the 20th century ranged from land disputes to

elite abuses to crimes of violence

Indigenous laws did not always protect all citizens leading

to major rights disputes
Overall there was a serious inequality between natives and
non-natives

Case Study: Guatemala

Some 40% of the population are of Maya ancestry

1960-1996 Guatemalan Civil War

Westernized Mayans and Ladinos (mixed European and

indigenous ancestry)
Ladinos dominate indigenous Guatemalans
Led by middle class insurgents against the military takeover of
state institutions
Along with frustrations over human and civil rights
Many insurgents were Maya and tired of economic and social
discrimination

The Guerrilla Army of the Poor, the Revolutionary

Organization of Armed People, the Rebel Armed Forces and
the Guatemalan Labor Party against the Leftist
The Spanish Constitutional Court declared the war a
genocide
1996 Peace Accords found that 90% of the human rights
violations were attributed to the Guatemalan Military

A vast majority were Maya Indians

Assessment/Focus Task
Indigenous populations across the
Americas have faced land redistribution,
human rights violations and economic and
social issues
You are a member of Amnesty International
and are writing an assessment of
Indigenous rights in Canada, Latin America
and the US
What are the similarities and differences in the
three areas?
What area seems to have a better record and
why?
Based on the limited amount of info what do you
think is the future for the indigenous populations
in the three areas?

Primary Source Documents

Restoration of treaty making (ended by Congress in 1871).

Establishment of a treaty commission to make new treaties (with sovereign Native Nations).
Indian leaders to address Congress.
Review of treaty commitments and violations.
Unratified treaties to go before the Senate.
All Indians to be governed by treaty relations.
Relief for Native Nations for treaty rights violations.
Recognition of the right of Indians to interpret treaties.
Joint Congressional Committee to be formed on reconstruction of Indian relations.
Restoration of 110 million acres of land taken away from Native Nations by the United States.
Restoration of terminated rights.
Repeal of state jurisdiction on Native Nations.
Federal protection for offenses against Indians.
Abolishment of the Bureau of Indian Affairs.
Creation of a new office of Federal Indian Relations.
New office to remedy breakdown in the constitutionally prescribed relationships between the United States and
Native Nations.
Native Nations to be immune to commerce regulation, taxes, trade restrictions of states.
Indian religious freedom and cultural integrity protected.
Establishment of national Indian voting with local options; free national Indian organizations from governmental
controls
Reclaim and affirm health, housing, employment, economic development, and education for all Indian people

AIM-Claims put forth to the President in 1972