Throughout the centuries, conquest, war, and unspeakable acts of racist violence and colonial dispossession have all been justified by citing Western civilization's fundamental opposition to the irreconcilable differences represented by the "savagery" of indigenous tribal peoples.This Colloquium presentation is based on Professor Williams' 2012 book, "Savage Anxieties: The Invention of Western Civilization." In the lecture, he explores the history and consequences of the denial of indigenous peoples' human rights to lands and resources in the West from the time of the ancient Greeks and Romans up through Canada's 21st century treaty negotiations with First Nations in Britsh Columbia and its 2007 vote against the United Nations Declaration on the Rights of Indigenous Peoples.
Robert A. Williams, Jr., E. Thomas Sullivan Professor of Law and Faculty Co-Chair of the Indigenous Peoples Law and Policy Program at The University of Arizona College of Law, was invited to speak as part of Simon Fraser University's President's Dream Colloquium on Justice Beyond National Boundaries on Thursday, March 21, 2014, 3:30 pm
This powerpoint presentation can all be found videotaped at: https://vimeo.com/62880140
The Enlightenment thinkers believed that reason could be used to solve social, political, and economic problems. They advocated for limited government based on separation of powers to protect individual liberties. Major thinkers included Locke, who believed people form governments to protect natural rights like life, liberty, and property. Montesquieu advocated for separation of powers among branches of government. Physiocrats rejected mercantilism in favor of laissez faire economic policies with little government interference. Adam Smith supported free markets regulated by supply and demand.
Bartolome de Las Casas was a Spanish encomendero in Santo Domingo who was moved by a sermon criticizing the cruel treatment of Indigenous people by Spaniards. He spent his life protesting these injustices, introducing laws to protect Indigenous rights and engaging in a famous five-day debate against Juan Gines de Sepulveda, who tried to justify Spanish atrocities by portraying Indigenous people as subhuman. Later, Las Casas became a symbol of the fight against colonial injustice and is considered a founder of liberation theology, believing Indigenous people needed to be converted to Christianity through peaceful means.
Imperialism involved countries extending their power and influence through military or diplomatic means. Colonialism was the practice of acquiring political control over another country, settling it, and exploiting its resources. During the Scramble for Africa from 1880-1900, European powers invaded, occupied, and annexed African territories, dividing the continent among themselves. They justified this through social Darwinism and beliefs of racial and cultural superiority, seeking to civilize the people and impose their rule, which often led to resistance from colonized nations seeking independence and self-determination.
Human rights are conceived as universal entitlements that all humans possess merely due to being human. However, there is no consensus on what specifically should be considered a human right. The concept of rights has existed throughout history but the modern notion of universal human rights first emerged in Europe in the 16th century through documents like the Twelve Articles. Major developments in the 18th and 19th centuries like the US Declaration of Independence established certain legal rights, and the abolition of slavery movement helped make human rights a central concern. The World Wars drove the development of modern human rights instruments and bodies like the UN to protect rights.
Colonialism refers to the political and economic dominance exercised by capitalist European states and other powers like the United States and Japan over Africa, Oceania, Asia, and North America between the mid-19th century and mid-20th century. The major European colonial powers were Great Britain, France, Germany, Italy, Belgium, Holland, Spain, and Portugal. Colonialism was driven by factors like industrialization and overproduction in Europe, high population growth, strategic and ideological motivations to expand national power, and notions of racial and cultural superiority. Colonies were established through conquest and fell into categories like settler colonies, trading companies that exploited resources, and protectorates with nominal native rule.
Selected Events of Structural Oppression and Resistance in American HistoryEveryday Democracy
This document summarizes key events of structural oppression and resistance in American history from 1501 to 2009. It describes the establishment of slavery and racial hierarchies beginning in the 1500s, the growth of abolition and civil rights movements over subsequent centuries, and landmark policies and court cases that both expanded and restricted rights for minorities. Major topics covered include the transatlantic slave trade, Indian removal, Chinese exclusion, Japanese internment, segregation, and the modern civil rights era.
By 1775, the colonial population in America had grown dramatically through high birth rates compared to populations in Europe. Four colonies - Virginia, Pennsylvania, Massachusetts, and Maryland - had become the most populous by containing the majority of the colonial population, though most colonists still lived in rural areas. Colonial society consisted mainly of landowning farmers and indentured servants, with the exception of slavery. A variety of Protestant denominations were established, and the Great Awakening religious revival had a significant impact on colonial religious life.
The document summarizes the history of government in Athens. It begins with Athens being ruled by kings, then aristocrats forming an oligarchy. Dissatisfaction grew and reforms established more inclusive laws, but tyrants also rose to power temporarily. Finally, Cleisthenes established the first democracy in Athens in 500 BC, granting citizens rights to participate in assemblies and vote. Over time, participation in democracy expanded further, though Macedonian conquest limited Athenian self-governance by the mid-300s BC.
The Enlightenment thinkers believed that reason could be used to solve social, political, and economic problems. They advocated for limited government based on separation of powers to protect individual liberties. Major thinkers included Locke, who believed people form governments to protect natural rights like life, liberty, and property. Montesquieu advocated for separation of powers among branches of government. Physiocrats rejected mercantilism in favor of laissez faire economic policies with little government interference. Adam Smith supported free markets regulated by supply and demand.
Bartolome de Las Casas was a Spanish encomendero in Santo Domingo who was moved by a sermon criticizing the cruel treatment of Indigenous people by Spaniards. He spent his life protesting these injustices, introducing laws to protect Indigenous rights and engaging in a famous five-day debate against Juan Gines de Sepulveda, who tried to justify Spanish atrocities by portraying Indigenous people as subhuman. Later, Las Casas became a symbol of the fight against colonial injustice and is considered a founder of liberation theology, believing Indigenous people needed to be converted to Christianity through peaceful means.
Imperialism involved countries extending their power and influence through military or diplomatic means. Colonialism was the practice of acquiring political control over another country, settling it, and exploiting its resources. During the Scramble for Africa from 1880-1900, European powers invaded, occupied, and annexed African territories, dividing the continent among themselves. They justified this through social Darwinism and beliefs of racial and cultural superiority, seeking to civilize the people and impose their rule, which often led to resistance from colonized nations seeking independence and self-determination.
Human rights are conceived as universal entitlements that all humans possess merely due to being human. However, there is no consensus on what specifically should be considered a human right. The concept of rights has existed throughout history but the modern notion of universal human rights first emerged in Europe in the 16th century through documents like the Twelve Articles. Major developments in the 18th and 19th centuries like the US Declaration of Independence established certain legal rights, and the abolition of slavery movement helped make human rights a central concern. The World Wars drove the development of modern human rights instruments and bodies like the UN to protect rights.
Colonialism refers to the political and economic dominance exercised by capitalist European states and other powers like the United States and Japan over Africa, Oceania, Asia, and North America between the mid-19th century and mid-20th century. The major European colonial powers were Great Britain, France, Germany, Italy, Belgium, Holland, Spain, and Portugal. Colonialism was driven by factors like industrialization and overproduction in Europe, high population growth, strategic and ideological motivations to expand national power, and notions of racial and cultural superiority. Colonies were established through conquest and fell into categories like settler colonies, trading companies that exploited resources, and protectorates with nominal native rule.
Selected Events of Structural Oppression and Resistance in American HistoryEveryday Democracy
This document summarizes key events of structural oppression and resistance in American history from 1501 to 2009. It describes the establishment of slavery and racial hierarchies beginning in the 1500s, the growth of abolition and civil rights movements over subsequent centuries, and landmark policies and court cases that both expanded and restricted rights for minorities. Major topics covered include the transatlantic slave trade, Indian removal, Chinese exclusion, Japanese internment, segregation, and the modern civil rights era.
By 1775, the colonial population in America had grown dramatically through high birth rates compared to populations in Europe. Four colonies - Virginia, Pennsylvania, Massachusetts, and Maryland - had become the most populous by containing the majority of the colonial population, though most colonists still lived in rural areas. Colonial society consisted mainly of landowning farmers and indentured servants, with the exception of slavery. A variety of Protestant denominations were established, and the Great Awakening religious revival had a significant impact on colonial religious life.
The document summarizes the history of government in Athens. It begins with Athens being ruled by kings, then aristocrats forming an oligarchy. Dissatisfaction grew and reforms established more inclusive laws, but tyrants also rose to power temporarily. Finally, Cleisthenes established the first democracy in Athens in 500 BC, granting citizens rights to participate in assemblies and vote. Over time, participation in democracy expanded further, though Macedonian conquest limited Athenian self-governance by the mid-300s BC.
The document describes social status and hierarchies in ancient civilizations including Mesopotamia, Egypt, Rome, Greece, and Canada. In Mesopotamia, status levels included priests and nobility at the top, merchants and laborers in the middle, and slaves at the bottom. Egypt similarly had farmers and slaves at the lowest levels, and pharaohs, nobles, and priests at the highest. Rome designated citizens and non-citizens, with slaves having no rights, while Greece divided free men based on wealth into four classes. Canada's hierarchies incorporated refugees, indigenous groups, and British colonial influences on status.
This document provides an introduction to imperialism, including its definition and different types. Imperialism is when a powerful nation dominates other countries politically, economically, or socially. There are four main types of imperialism discussed: colonies, protectorates, spheres of influence, and economic imperialism. The document then examines potential motives for why nations practice imperialism, such as exploratory, political, ideological, religious, and economic goals. Nations may seek to map new territories, control other governments, civilize foreign populations, convert people to their religion, or gain access to raw materials and trade.
The document summarizes the English roots of American democracy, including documents like the Magna Carta that limited the power of the monarch. It discusses how the English system of government and traditions of rights were brought over to the American colonies. However, over time the British government tightened control over the colonies through taxation, which led to growing colonial resistance culminating in the Revolutionary War. Key events discussed include the Boston Tea Party, Intolerable Acts, and the battles of Lexington and Concord that marked the beginning of the war.
1. In the 19th century, European powers like Britain believed in their racial and cultural superiority, which helped justify their colonization of other regions and peoples.
2. Geopolitical theories also influenced European colonialism, such as the idea that whoever controlled the Eurasian heartland would dominate the world. Britain's naval power and industrial strength allowed it to become the first major global superpower in the 19th century.
3. Christianity and social Darwinism were used to argue that colonization was necessary to civilize inferior races and improve the gene pool through domination of stronger over weaker peoples. The British Empire demonstrated how colonial domination could give a nation great power and resources to fuel further industrial development.
The document discusses the conflicting ideologies between Europeans and Aboriginal peoples in North America from the 17th to 18th centuries, and how the imposition of European liberalism ideals negatively impacted Aboriginal communities. Europeans believed in principles like private property, progress, and monotheism, while Aboriginal peoples followed a more communal, nature-focused way of life. Over time, through treaties and policies of assimilation like residential schools, the Canadian government increasingly imposed European liberalism on Aboriginal peoples against their customs and beliefs, which eroded communities and led to ongoing conflicts over culture and land.
This document discusses revolutionary ideology that led to American independence from Britain. It summarizes key ideas from John Locke on natural rights and colonial perceptions of liberty. It also examines how the French and Indian War threatened colonial liberty by increasing British debt and control over the colonies. This change in thinking among colonists led to three opinions that drove independence: a desire for representation in government, a view that the British Constitution failed to protect colonial rights, and a belief that Parliament had no authority over the colonies.
The document discusses the growth of anti-black racism in Europe from around 1870. It explores how racist stereotypes developed as Europeans expanded overseas through slavery and colonialism. Contact with Africans led Europeans to view them as primitive and uncivilized. The colonization and brutal exploitation of Africans in their colonies, especially the Belgian Congo, reinforced racist beliefs of white superiority. By the late 19th century, the presence of some black people in Europe also faced hostility as racist attitudes became deeply entrenched during the imperial era.
The document discusses European colonial expansion between 1850-1914. It was driven by economic, demographic, political, and ideological factors. Economically, industrialized nations needed new markets and resources. Demographically, European populations were growing rapidly. Politically, governments wanted to increase their nation's power and prestige through acquiring colonies. Ideologically, there was a belief in the superiority of European civilization and that colonialism was bringing progress to less developed peoples. By 1914, most of Africa and Oceania were under European colonial rule, along with parts of Asia and North America. Colonialism had significant political, economic, social, and cultural impacts on both the colonized regions and international relations.
Geography shaped early Greek civilization as mountains made travel difficult, forcing people to settle along coasts and trade by sea. This led to the development of powerful trading cultures like the Minoans and Mycenaeans. The Greeks later created independent city-states for protection, which became the foundation of Greek identity and civilization. They established many colonies that spread Greek influence. Athens developed one of the world's first democracies where all citizens could participate after overthrowing aristocratic and tyrannical rulers. The Greeks also created influential myths and literature to explain the world, including the epic poems of Homer, which still impact modern language, art, and culture today.
Colonialism, Post-colonialist Theory, Globalisation & the MediaEmma McAneny
This document provides context on colonialism, post-colonialist theory, and their relationship to globalization and media. It defines key concepts like colonialism, empire, cultural imperialism, and orientalism. It outlines the history of British colonialism and discusses post-colonialist thinkers like Edward Said, Frantz Fanon, and W.E.B. Du Bois. Their work examined how colonialism continues to impact formerly colonized societies and how media representations perpetuate colonial power dynamics. The document also discusses criticisms of post-colonialist theory and related topics like neocolonialism, diaspora, double consciousness, and the effects of globalization.
The document summarizes different forms of government in ancient Greece including oligarchy, tyranny, and democracy. It notes that in an oligarchy, aristocrats compete for power but keep each other in check. Oligarchies provided some benefits to wealthy women but not the poor. Tyrannies emerged from oligarchies when one aristocrat gained popularity by promising reforms to help the poor. While tyrants were disliked by other aristocrats, they often improved conditions for common citizens. The document also discusses the transition from tyranny to oligarchy to democracy in various Greek city-states between 1000 BC to 100 BC.
This document provides a summary of slavery throughout history. It discusses how slavery existed as a legal institution in North America over a century before the United States was founded. The document then discusses how slavery was practiced globally in ancient civilizations and societies. It notes that while slavery has been outlawed, various forms of forced labor continue today, with estimates of millions of slaves worldwide. The document concludes by discussing the author's novel about twin brothers separated during American slavery and the Civil War.
The document discusses different forms of government in Ancient Greece: oligarchy, where a small group rules; tyranny, where a single ruler has absolute power; and democracy, where people rule themselves. It provides examples of each type, such as oligarchies being ruled by aristocrats and tyrants gaining power through strong armies. Democracies evolved from direct systems where people voted on laws to representative systems. Citizenship rights also expanded over time. Governments sometimes transitioned between these forms due to power struggles.
The document summarizes the rise of the Persian Empire under Cyrus the Great and Darius I, and its conflicts with Greece. It discusses how Cyrus united Persia into an empire, and how Darius further expanded and organized it through provinces ruled by governors. It then explains the two Persian invasions of Greece, known as the Persian Wars, in which Greece was ultimately victorious.
The document discusses the origin and development of human rights. It describes how the concept of human rights originated from documents like the Magna Carta in 1215 and the French Declaration of Rights of Man in 1789. It then outlines the evolution of human rights in three phases - ancient age, medieval age, and modern age. Key documents that advanced human rights in each phase are mentioned, culminating in the Universal Declaration of Human Rights in 1948. The document also discusses different generations of human rights and features of human rights like universality and equality.
The Age of Imperialism from 1850-1914 saw European nations aggressively expand their colonial empires, driven by needs for raw materials and new markets. Key factors included racism towards non-European peoples, Social Darwinism which claimed Europeans were more evolved, and nationalism/economics as nations competed for global influence. Advances like the Maxim Gun and steamships empowered military conquests of Africa and Asia. By 1914, only Ethiopia and Liberia remained independent in Africa, with new colonial borders dividing ethnic groups and cultures.
Slavery came under attack during the American Revolution. While Massachusetts abolished slavery, other Northern states implemented gradual emancipation laws. However, the invention of the cotton gin in 1793 revitalized slavery in the South. Abolitionists like William Lloyd Garrison advocated for the immediate end of slavery through publications like The Liberator, but their provocative stances also pushed some moderates towards the anti-slavery cause. The 1850 Fugitive Slave Law required Northerners to aid in the capture of runaway slaves, angering them and strengthening opposition to slavery. Harriet Beecher Stowe's 1852 novel Uncle Tom's Cabin depicted the cruelty of slavery and increased Northern antipathy towards
1. Imperialism refers to the policy of extending control over other countries or territories economically, politically, and socially.
2. Nations industrialized due to incentives like wealth, power, nationalism, and spreading culture. They required factors of production like land, labor, capital, and entrepreneurship as well as political stability and transportation networks to trade.
3. European imperial powers colonized Africa in the late 19th century to gain access to resources and markets. They established systems of direct, indirect, and sphere of influence control over African peoples and territories.
This document discusses the history of US immigration policy over three periods from 1901 to the present:
1) The "classic era" from 1901-1930 saw increasingly restrictive laws such as the Chinese Exclusion Act and National Origins Act.
2) The "long hiatus" from 1931-1970 included Operation Wetback and the Hart-Celler Act which abolished national origins quotas.
3) The "new regime" from 1970 onward repealed racial restrictions and the quota system through acts like the Immigration and Nationality Act of 1965. It also discusses the internment of Japanese Americans during WWII and changing views on assimilation versus cultural pluralism.
INTERNATIONAL HUMANITARIAN LAW ENGLISH-BURMESE VERSIONMYO AUNG Myanmar
What is international humanitarian law?
Legal factsheet31 DECEMBER 2014
Fact sheet providing a summary description of the sources, content and field of application of international humanitarian law.
International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.
International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions –, in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
https://www.icrc.org/en/document/what-international-humanitarian-law
https://www.facebook.com/zin.linn.9/posts/10208644837335021?pnref=story
intro to Human Rights Violations and Victims' Rightsverapax
The document discusses human rights violations and victims' rights. It defines human rights and discrimination, and lists groups that are at higher risk of human rights violations like minorities, children, women, and refugees. It also outlines some basic human rights like dignity, fair trial, equality and protection from discrimination. Finally, it discusses victims' rights to remedy, compensation, and restitution under international law and declarations.
This document provides an overview of the book "Refugees and the Law". It discusses the definition of a refugee under international law and the criteria used, including the well-founded fear of persecution and the grounds of race, religion, nationality, membership of a particular social group, and political opinion. It also outlines the general principles for determining refugee status, such as the inclusion and exclusion clauses. The document then discusses the relationship between refugees and international human rights law, and the role of the UNHCR in refugee protection. It provides information on the codification of refugee law through international treaties. In summary, the document introduces some of the key concepts and issues addressed in the book regarding international refugee law.
The document describes social status and hierarchies in ancient civilizations including Mesopotamia, Egypt, Rome, Greece, and Canada. In Mesopotamia, status levels included priests and nobility at the top, merchants and laborers in the middle, and slaves at the bottom. Egypt similarly had farmers and slaves at the lowest levels, and pharaohs, nobles, and priests at the highest. Rome designated citizens and non-citizens, with slaves having no rights, while Greece divided free men based on wealth into four classes. Canada's hierarchies incorporated refugees, indigenous groups, and British colonial influences on status.
This document provides an introduction to imperialism, including its definition and different types. Imperialism is when a powerful nation dominates other countries politically, economically, or socially. There are four main types of imperialism discussed: colonies, protectorates, spheres of influence, and economic imperialism. The document then examines potential motives for why nations practice imperialism, such as exploratory, political, ideological, religious, and economic goals. Nations may seek to map new territories, control other governments, civilize foreign populations, convert people to their religion, or gain access to raw materials and trade.
The document summarizes the English roots of American democracy, including documents like the Magna Carta that limited the power of the monarch. It discusses how the English system of government and traditions of rights were brought over to the American colonies. However, over time the British government tightened control over the colonies through taxation, which led to growing colonial resistance culminating in the Revolutionary War. Key events discussed include the Boston Tea Party, Intolerable Acts, and the battles of Lexington and Concord that marked the beginning of the war.
1. In the 19th century, European powers like Britain believed in their racial and cultural superiority, which helped justify their colonization of other regions and peoples.
2. Geopolitical theories also influenced European colonialism, such as the idea that whoever controlled the Eurasian heartland would dominate the world. Britain's naval power and industrial strength allowed it to become the first major global superpower in the 19th century.
3. Christianity and social Darwinism were used to argue that colonization was necessary to civilize inferior races and improve the gene pool through domination of stronger over weaker peoples. The British Empire demonstrated how colonial domination could give a nation great power and resources to fuel further industrial development.
The document discusses the conflicting ideologies between Europeans and Aboriginal peoples in North America from the 17th to 18th centuries, and how the imposition of European liberalism ideals negatively impacted Aboriginal communities. Europeans believed in principles like private property, progress, and monotheism, while Aboriginal peoples followed a more communal, nature-focused way of life. Over time, through treaties and policies of assimilation like residential schools, the Canadian government increasingly imposed European liberalism on Aboriginal peoples against their customs and beliefs, which eroded communities and led to ongoing conflicts over culture and land.
This document discusses revolutionary ideology that led to American independence from Britain. It summarizes key ideas from John Locke on natural rights and colonial perceptions of liberty. It also examines how the French and Indian War threatened colonial liberty by increasing British debt and control over the colonies. This change in thinking among colonists led to three opinions that drove independence: a desire for representation in government, a view that the British Constitution failed to protect colonial rights, and a belief that Parliament had no authority over the colonies.
The document discusses the growth of anti-black racism in Europe from around 1870. It explores how racist stereotypes developed as Europeans expanded overseas through slavery and colonialism. Contact with Africans led Europeans to view them as primitive and uncivilized. The colonization and brutal exploitation of Africans in their colonies, especially the Belgian Congo, reinforced racist beliefs of white superiority. By the late 19th century, the presence of some black people in Europe also faced hostility as racist attitudes became deeply entrenched during the imperial era.
The document discusses European colonial expansion between 1850-1914. It was driven by economic, demographic, political, and ideological factors. Economically, industrialized nations needed new markets and resources. Demographically, European populations were growing rapidly. Politically, governments wanted to increase their nation's power and prestige through acquiring colonies. Ideologically, there was a belief in the superiority of European civilization and that colonialism was bringing progress to less developed peoples. By 1914, most of Africa and Oceania were under European colonial rule, along with parts of Asia and North America. Colonialism had significant political, economic, social, and cultural impacts on both the colonized regions and international relations.
Geography shaped early Greek civilization as mountains made travel difficult, forcing people to settle along coasts and trade by sea. This led to the development of powerful trading cultures like the Minoans and Mycenaeans. The Greeks later created independent city-states for protection, which became the foundation of Greek identity and civilization. They established many colonies that spread Greek influence. Athens developed one of the world's first democracies where all citizens could participate after overthrowing aristocratic and tyrannical rulers. The Greeks also created influential myths and literature to explain the world, including the epic poems of Homer, which still impact modern language, art, and culture today.
Colonialism, Post-colonialist Theory, Globalisation & the MediaEmma McAneny
This document provides context on colonialism, post-colonialist theory, and their relationship to globalization and media. It defines key concepts like colonialism, empire, cultural imperialism, and orientalism. It outlines the history of British colonialism and discusses post-colonialist thinkers like Edward Said, Frantz Fanon, and W.E.B. Du Bois. Their work examined how colonialism continues to impact formerly colonized societies and how media representations perpetuate colonial power dynamics. The document also discusses criticisms of post-colonialist theory and related topics like neocolonialism, diaspora, double consciousness, and the effects of globalization.
The document summarizes different forms of government in ancient Greece including oligarchy, tyranny, and democracy. It notes that in an oligarchy, aristocrats compete for power but keep each other in check. Oligarchies provided some benefits to wealthy women but not the poor. Tyrannies emerged from oligarchies when one aristocrat gained popularity by promising reforms to help the poor. While tyrants were disliked by other aristocrats, they often improved conditions for common citizens. The document also discusses the transition from tyranny to oligarchy to democracy in various Greek city-states between 1000 BC to 100 BC.
This document provides a summary of slavery throughout history. It discusses how slavery existed as a legal institution in North America over a century before the United States was founded. The document then discusses how slavery was practiced globally in ancient civilizations and societies. It notes that while slavery has been outlawed, various forms of forced labor continue today, with estimates of millions of slaves worldwide. The document concludes by discussing the author's novel about twin brothers separated during American slavery and the Civil War.
The document discusses different forms of government in Ancient Greece: oligarchy, where a small group rules; tyranny, where a single ruler has absolute power; and democracy, where people rule themselves. It provides examples of each type, such as oligarchies being ruled by aristocrats and tyrants gaining power through strong armies. Democracies evolved from direct systems where people voted on laws to representative systems. Citizenship rights also expanded over time. Governments sometimes transitioned between these forms due to power struggles.
The document summarizes the rise of the Persian Empire under Cyrus the Great and Darius I, and its conflicts with Greece. It discusses how Cyrus united Persia into an empire, and how Darius further expanded and organized it through provinces ruled by governors. It then explains the two Persian invasions of Greece, known as the Persian Wars, in which Greece was ultimately victorious.
The document discusses the origin and development of human rights. It describes how the concept of human rights originated from documents like the Magna Carta in 1215 and the French Declaration of Rights of Man in 1789. It then outlines the evolution of human rights in three phases - ancient age, medieval age, and modern age. Key documents that advanced human rights in each phase are mentioned, culminating in the Universal Declaration of Human Rights in 1948. The document also discusses different generations of human rights and features of human rights like universality and equality.
The Age of Imperialism from 1850-1914 saw European nations aggressively expand their colonial empires, driven by needs for raw materials and new markets. Key factors included racism towards non-European peoples, Social Darwinism which claimed Europeans were more evolved, and nationalism/economics as nations competed for global influence. Advances like the Maxim Gun and steamships empowered military conquests of Africa and Asia. By 1914, only Ethiopia and Liberia remained independent in Africa, with new colonial borders dividing ethnic groups and cultures.
Slavery came under attack during the American Revolution. While Massachusetts abolished slavery, other Northern states implemented gradual emancipation laws. However, the invention of the cotton gin in 1793 revitalized slavery in the South. Abolitionists like William Lloyd Garrison advocated for the immediate end of slavery through publications like The Liberator, but their provocative stances also pushed some moderates towards the anti-slavery cause. The 1850 Fugitive Slave Law required Northerners to aid in the capture of runaway slaves, angering them and strengthening opposition to slavery. Harriet Beecher Stowe's 1852 novel Uncle Tom's Cabin depicted the cruelty of slavery and increased Northern antipathy towards
1. Imperialism refers to the policy of extending control over other countries or territories economically, politically, and socially.
2. Nations industrialized due to incentives like wealth, power, nationalism, and spreading culture. They required factors of production like land, labor, capital, and entrepreneurship as well as political stability and transportation networks to trade.
3. European imperial powers colonized Africa in the late 19th century to gain access to resources and markets. They established systems of direct, indirect, and sphere of influence control over African peoples and territories.
This document discusses the history of US immigration policy over three periods from 1901 to the present:
1) The "classic era" from 1901-1930 saw increasingly restrictive laws such as the Chinese Exclusion Act and National Origins Act.
2) The "long hiatus" from 1931-1970 included Operation Wetback and the Hart-Celler Act which abolished national origins quotas.
3) The "new regime" from 1970 onward repealed racial restrictions and the quota system through acts like the Immigration and Nationality Act of 1965. It also discusses the internment of Japanese Americans during WWII and changing views on assimilation versus cultural pluralism.
INTERNATIONAL HUMANITARIAN LAW ENGLISH-BURMESE VERSIONMYO AUNG Myanmar
What is international humanitarian law?
Legal factsheet31 DECEMBER 2014
Fact sheet providing a summary description of the sources, content and field of application of international humanitarian law.
International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. International humanitarian law is also known as the law of war or the law of armed conflict.
International humanitarian law is part of international law, which is the body of rules governing relations between States. International law is contained in agreements between States – treaties or conventions –, in customary rules, which consist of State practise considered by them as legally binding, and in general principles.
International humanitarian law applies to armed conflicts. It does not regulate whether a State may actually use force; this is governed by an important, but distinct, part of international law set out in the United Nations Charter.
https://www.icrc.org/en/document/what-international-humanitarian-law
https://www.facebook.com/zin.linn.9/posts/10208644837335021?pnref=story
intro to Human Rights Violations and Victims' Rightsverapax
The document discusses human rights violations and victims' rights. It defines human rights and discrimination, and lists groups that are at higher risk of human rights violations like minorities, children, women, and refugees. It also outlines some basic human rights like dignity, fair trial, equality and protection from discrimination. Finally, it discusses victims' rights to remedy, compensation, and restitution under international law and declarations.
This document provides an overview of the book "Refugees and the Law". It discusses the definition of a refugee under international law and the criteria used, including the well-founded fear of persecution and the grounds of race, religion, nationality, membership of a particular social group, and political opinion. It also outlines the general principles for determining refugee status, such as the inclusion and exclusion clauses. The document then discusses the relationship between refugees and international human rights law, and the role of the UNHCR in refugee protection. It provides information on the codification of refugee law through international treaties. In summary, the document introduces some of the key concepts and issues addressed in the book regarding international refugee law.
International humanitarian law (IHL) has its origins in the 19th century but is based on older principles of mitigating human suffering during armed conflict. IHL is derived from both historical sources like the 1864 Geneva Convention and 1907 Hague Regulations, as well as modern treaties like the 1949 Geneva Conventions and 1977 Additional Protocols. These sources aim to balance military necessity with humanitarian protections for civilians and combatants. IHL also includes customary international law derived from widespread and consistent state practice followed out of a sense of legal obligation.
International human rights law has evolved significantly since the United Nations Charter first established protecting human rights as a goal. Three key developments include:
1) The Universal Declaration of Human Rights established civil/political and economic/social/cultural rights but is non-binding.
2) The International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights made several rights legally binding and created monitoring mechanisms like the Human Rights Committee.
3) Other treaties like the Convention on the Elimination of All Forms of Discrimination Against Women have further expanded protections, though some states have lodged reservations, particularly around provisions in conflict with interpretations of Sharia law.
The document discusses key concepts related to refugees and their rights. It defines various terms including refugees, internally displaced persons, returnees, stateless persons, asylum seekers, migrants, and the difference between refugees and economic migrants. It also summarizes the 1951 Refugee Convention and outlines several rights that refugees have, such as non-refoulement, freedom of movement, liberty and security of person, family life, and other rights.
This document provides a summary of American Indian and African American colonization policies from 1800-1890. It discusses how Indian removal policies in the early 19th century sought to relocate tribes to reservations west of the Mississippi to open land for white settlement. Similarly, some proposed "colonizing" freed African Americans by sending them to places like Liberia. However, the Civil War disrupted these plans and prompted a shift towards recognizing black citizenship instead of removal. As the war progressed and blacks served as soldiers, it helped lead to the Emancipation Proclamation granting them freedom and raised questions about their rights in America.
Civil War & Reconstruction: An overviewOnthemellow
The document provides an overview of the key events and debates around slavery leading up to the Civil War. It discusses how the Founders made compromises over slavery at the Constitutional Convention to ensure the nation's formation, but left the issue unresolved. Tensions increased as northern states abolished slavery while southern states strengthened laws protecting the institution. The Missouri Compromise of 1820 temporarily settled debates over the westward expansion of slavery. However, the nation continued debating states' rights and the future of slavery until the Civil War could no longer be avoided.
The document provides a detailed overview of key events and perspectives during the American Revolutionary period from the French and Indian War through the drafting of the Articles of Confederation and early state constitutions. It discusses the political, economic, and social factors that contributed to growing tensions between the American colonies and Britain, including new taxes and laws restricting colonial self-governance. It also summarizes major battles and outlines criticisms that the revolution primarily benefited wealthy white landowners and failed to protect the rights of other groups.
THE UNITED STATES OF NORTH AMERICA (Update)ICJ-ICC
This document discusses the history of global trusts and how they relate to jurisdictions over land, sea, and air. It describes how the global estate trust was established in 1302 and has operated since, providing various services. The trust is overseen from four headquarters: the Vatican, Westminster, Washington D.C., and the United Nations. It suggests we have all been part of this global trust system for the past 700 years, whether we realize it or not.
1) The Declaration of Independence was written after escalating tensions between the British and American colonists over issues like taxation and control of colonial governments.
2) While the Declaration proclaimed that all men are created equal, it primarily united white male colonists and ignored the interests of other groups like Native Americans, black slaves, and women.
3) The language of the Declaration omitted these groups and even blamed Native American and slave rebellions on the British, showing that the ideals of the Declaration were limited in practice.
This document provides a historical overview of the development of human rights from ancient civilizations to the modern era. It discusses early codes of law from Mesopotamia, Greece, and Rome that established some basic rights but excluded many groups. Key documents that outlined fundamental rights include the English Bill of Rights of 1689, the US Declaration of Independence of 1776, and the French Declaration of the Rights of Man and of the Citizen from 1789. The aftermath of World War 2 led to the founding of the United Nations in 1945 to promote and protect human rights globally.
Self-determination has its origins in ancient societies but became popular in the 20th century during independence movements. It is the principle that a people, based on respect for human rights, have the right to freely choose their sovereignty and international political status with the priority of peaceful and cooperative means. However, determining who constitutes a "people" and how to balance self-determination claims with territorial integrity of existing states remains an ongoing challenge addressed by the United Nations and in various independence and autonomy movements around the world.
U.S. History I - Colonization through 1776 (2013)Thomas Eddlem
The document provides an overview of key events in English history before colonization of America, including the Anglo-Saxon conquest of Britain in the 5th century, the Norman invasion in 1066, the development of common law beginning in the 12th century, and England becoming a Protestant country during the Protestant Reformation. It then discusses some of the earliest English colonies in America including Jamestown, Virginia in 1607 and the Plymouth and Massachusetts Bay colonies in the 1620s and 1630s. Key events leading up to the American Revolution are outlined in a timeline from the 1760s through 1775.
The document discusses the definition, concept, and historical development of human rights from ancient times to the modern era. It notes that human rights are inherent to all people, regardless of attributes, and protect fundamental freedoms. Major milestones discussed include the Magna Carta, English Bill of Rights, American Declaration of Independence, French Declaration of Rights of Man and Citizen, and the UN Universal Declaration of Human Rights. Theories of human rights protection are also examined.
1 Basic Principles of Texas Government Michael S. IaVannaJoy20
1
Basic Principles of Texas Government
Michael S. Iachetta
All Rights Reserved, 2019
“Tolerance … is learned in discussion, and, as history shows, is only so learned. In
all customary societies bigotry is the ruling principle. In rude places to this day
anyone who says anything new is looked on with suspicion, and is persecuted by
opinion if not injured by penalty. One of the greatest pains to human nature is the
pain of a new idea…. It makes you think that, after all, your favourite notions may
be wrong, your firmest beliefs ill-founded…. Naturally, therefore, common men
hate a new idea, and are disposed more or less to ill-treat the original man who
brings it” (Walter Bagehot, Physics and Politics, 1869).
“No man who has the truth to tell and the power to tell it can long remain hiding it
from fear or even from despair without ignominy. To release the truth against
whatever odds, even if so doing can no longer help the Commonwealth, is a
necessity for the soul” (Hilaire Belloc, The Free Press, 1918).
Introduction: The Basic Rights of Human Beings
Activity 1: The Basic Rights of Human Beings
“Every Anglo-Texan was born with the notion he possessed unalienable rights” (T.R.
Fehrenbach, Lone Star, 189).
A. Based on this statement, what is the goal of human life? What basic rights do people
have? What is the connection between these basic rights and the goal of human life?
“All men are born free and equal, and have certain natural, essential, and unalienable rights;
among which may be reckoned the right of enjoying and defending their lives and liberties; that
of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their
safety and happiness” (Massachusetts Declaration of Rights, March 2, 1780).
B. Based on this statement, how many basic rights do people have? Why these particular
rights? Why this number?
“Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty;
Thirdly, to property; together with the right to support and defend them in the best manner they
can. These are evident branches of … the duty of self-preservation, commonly called the first
law of nature” (Samuel Adams, The Rights of the Colonists, November 20, 1772).
2
C. Based on this statement, who or what decides which basic rights human beings have?
What are “the immutable laws of nature”?
“That the inhabitants of the English Colonies in North America, by the immutable laws of
nature, the principles of the English Constitution, and the several charters or compacts … are
entitled to life, liberty, and property, & they have never ceded to any sovereign power whatever,
a right to dispose of either without their consent” (Declaration and Resolves of the First
Continental Congress, October 14, 1774).
D. Based on this statement, how many basic rights do people have? What does the word
“liberty” mean, in the context of our three ba ...
The document discusses several key aspects of the American Revolution:
1) It was not simply about home rule, but who would rule - the American colonists or the British.
2) The Declaration of Independence articulated the colonists' natural rights to life, liberty, and the pursuit of happiness which the British government was denying.
3) The Revolution and Declaration planted the seeds for ending slavery in the northern states by contradicting slavery with the statement that "all men are created equal."
Konzervatívny inštitút M. R. Štefánika organizoval ďalšiu z cyklu prednášok CEQLS. Naším hosťom bol Daniel Klein, profesor ekonómie na George Mason University (USA), ktorý pri príležitosti 300-tého výročia narodenia Adama Smitha prednášal o jeho odkaze pre súčasnosť.
The document discusses the experiences and perspectives of black Americans during the American Revolution. It provides context on how leading textbooks have interpreted their role and impact. It also examines the policies of the British and Americans regarding slavery and the use of black soldiers during the war. Finally, it discusses the various paths black Americans took to pursue freedom, including fighting for both sides, escaping, and petitioning for emancipation.
The document discusses the growing calls for independence in the American colonies in the late 1700s. It describes how Benjamin Franklin had never heard colonists express a desire for separation from Britain in 1775. However, Thomas Paine's pamphlet "Common Sense" and the failure of reconciliation efforts helped shift public opinion towards independence. The document also outlines key events that moved Congress to declare independence in 1776, including the establishment of a diplomatic committee in 1775 and calls from figures like Charles Lee. It concludes with a summary of the Declaration of Independence and some of the Enlightenment ideas that influenced the founding of the new nation.
The American Revolution or the American War of Independence was on.docxmehek4
The American Revolution or the American War of Independence was one of the most remarkable wars in the history of the world. The motives behind the war can be interestingly explained by Zinn from the chapter Tyranny Is Tyranny in A People’s History of The United States: 1“Around 1776, certain important people in the English colonies made a discovery that would prove enormously useful for the next two hundred years. 2They found that by creating a nation, a symbol, a legal unity called the United States, they could take over land, profits, and political power from favorites of the British Empire” (Zinn). Indeed, the American Revolution left a significant impact on early American society and government in terms of social, political, and intellectual adjustments. Typically, one of them is the gap between social classes. 3From the chapter A Kind of Revolution, it is surprising to know that “About 10 percent of the white population - large landholders and merchants - held 1,000 pounds or more in personal property and 1,000 pounds in land, at the least, and these men owned nearly half the wealth of the country and held as slaves one-seventh of the country's people” (Zinn). What’s more: “The people resented the tax system, which was especially burdensome on the poor” (Zinn). Besides, the ability to have a political say can only be in the hands of the rich and powerful. Consequently, mutinies and slave revolts broke out because one finds inequality everywhere. To my surprise, it was this political tyranny, economic burdens and unfairness in social hierarchy that motivated people in the 13 colonies to stand up and revolt against the corrupted government at that time.
We are taught by the modern-day history books to revere our Founders as superhuman leaders of a superior generation. Yet in fact, on the opposite, they were not perfect. They were also problematic and thus do not deserve their current level of popularity. 4“Shouldn't we applaud the Founders’ restored popularity? Yes - but like anything else, it can be taken too far” (H. W. Brands). Pondering over this question, we take the shortcomings of the Founders into consideration. In scrutinizing the Declaration and the Constitution, “two grave sins of omission hung ominously over the country: the Founders' failure to deal with slavery, and their failure to specify whether sovereignty lay with the states or with the nation” (H. W. Brands). The intentional ignorance of slavery in the documents which represent American history makes us look over the Founders' perspectives. “For one thing, challenging slavery's validity within those documents was completely irrational, seeing as slavery was a critical part of culture both in America, and in Europe. The majority of the Founders simply didn't see anything wrong with it; or if they did, they did not express it. Another
reason that they didn't mention slavery is because it would do more harm than good. If they openly condemned slavery, they would quickly ...
The Great War For American Independence Part IItimothyjgraham
The document provides context around the American Revolutionary period, including key events and battles between 1775-1781. It discusses the Articles of Confederation, the first governing agreement between the 13 colonies. It also summarizes perspectives from historians like Howard Zinn who provide analysis on social hierarchies and power dynamics during the Revolutionary era, including the exclusion of women, slaves, and indigenous people from new political systems established after independence.
The document provides an overview of Reconstruction and Jim Crow era in the United States following the Civil War. It discusses the end of the Confederacy and Reconstruction attempts to reunify the country and address racial inequality. However, these goals faced obstacles like resistance from white supremacists and failure to provide freed slaves with land. Over time, Southern states imposed segregationist Jim Crow laws and restrictions on black voting rights. Figures like Ida B. Wells and W.E.B. Du Bois advocated for racial equality, in contrast to Booker T. Washington's strategy of accepting separate facilities and focusing on education.
The document summarizes key events between 1820-1860 that heightened tensions between the North and South over the issue of slavery and led to Southern states beginning to secede from the Union. Some of the major events included the Missouri Compromise of 1820 allowing Missouri to enter as a slave state while banning slavery north of 36°30', the Mexican-American War and annexation of Texas expanding slavery, the Compromise of 1850 admitting California as a free state while strengthening the Fugitive Slave Act, the Kansas-Nebraska Act of 1854 establishing popular sovereignty, and the Dred Scott decision of 1857 declaring that Congress could not regulate slavery in the territories. John Brown's raid on Harper's Ferry in 1859
Similar to Savage Anxieties: Global Justice, First Nations' Land Claims, and Indigenous Peoples' Human Rights under International Law (19)
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
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Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
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Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
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Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
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Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Savage Anxieties: Global Justice, First Nations' Land Claims, and Indigenous Peoples' Human Rights under International Law
1. Robert A. Williams, Jr.
E. Thomas Sullivan Professor of Law and American Indian Studies
Faculty Co-Chair, University of Arizona Indigenous Peoples Law and Policy Program
Lead Counsel, Hul’qumi’num Treaty Group v. Canada
“… [T]he burning question that
should occupy our time should
concern where the complex of ideas
that constitute Western civilization
originated, how they originated, and
whether they have any realistic
correspondence to what we can
observe and experience in nature.”
Vine Deloria, Jr., “The Trickster and the Messiah”
Savage Anxieties:
Indigenous Peoples' Human Rights and the Not-So-Special
Case of Hul'qumi'num Treaty Group v. Canada
before the Inter-American Human Rights Commission
3. (issued by King James I, April 10, 1606)
“...We, greatly commending, and
graciously accepting of, their
Desires for the Furtherance of so
noble a Work, which may, by the
Providence of Almighty God,
hereafter tend to the Glory of his
Divine Majesty, in propagating of
Christian Religion to such People,
as yet live in Darkness and
miserable Ignorance of the true
Knowledge and Worship of God, and
may in time bring the Infidels and
Savages, living in those parts, to
human Civility, and to a settled and
quiet Government: Do, by these our
Letters Patents, graciously accept
of, and agree to, their humble and
well-intended Desires…”
The First Charter of Virginia
4. “…On the discovery of this immense continent, the
great nations of Europe were eager to appropriate to
themselves so much of it as they could respectively
acquire. Its vast extent offered an ample field to the
ambition and enterprise of all; and the character and
religion of its inhabitants afforded an apology for
considering them as a people over whom the superior
genius of Europe might claim an ascendancy.… But, as
they were all in pursuit of nearly the same object, it was
necessary, in order to avoid conflicting settlements,
and consequent war with each other, to establish a
principle... This principle was, that discovery gave title
to the government by whose subjects, or by whose
authority, it was made, against all other European
governments, which title might be consummated by
possession.”
Johnson v. McIntosh (1823)*
CHIEF JUSTICE MARSHALL:
John Marshall
*A computer search reveals that up to forty-four Canadian cases
have cited Johnson v. M’Intosh.
5. William v. British Columbia (The Tsilhqot’in Case)
2012 BCCA 285
“The basic concepts underlying claims of Aboriginal title and
Aboriginal rights are straightforward. First Nations occupied the
land that became Canada long before the arrival of Europeans.
…European explorers considered that by virtue of the “principle
of discovery” they were at liberty to claim territory in North
America on behalf of their sovereigns (see Guerin v. The Queen,
[1984] 2 S.C.R. 335 at 378). While it is difficult to rationalize that
view from a modern perspective, the history is clear. As was said
in Sparrow :
[W]hile British policy towards the native population was
based on respect for their right to occupy their
traditional lands, … there was from the outset never any
doubt that sovereignty and legislative power, and indeed the
underlying title, to such lands vested in the Crown;
see Johnson v. M'Intosh (1823), see also the Royal
Proclamation itself ; Calder v. Attorney General of B.C. …”
6. R. v. Syliboy (1929)
1 D.L.R. 307 (Canada)
…But the Indians were never regarded as an independent power. A
civilized nation first discovering a country of uncivilized people or
savages held such country as its own until such time as by treaty it
was transferred to some other civilized nation. The savages’ rights
of sovereignty, even of ownership, were not recognized. Nova Scotia
had passed to great Britain not by gift or purchase or even by
conquest of the Indians but by treaty with France, which had
acquired it by priority of discovery and ancient possession, and the
Indians passed with it….
…In my judgment the Treaty of 1752 [with the Micmac] is not a treaty
at all and is not to be treated as such; it is at best a mere agreement
with a handful of Indians giving them in return for good behavior
food, presents, and the right to hunt and fish as usual — an
agreement that, as we have seen, was very shortly after broken.
8. “We sailed hence, always in much
distress, till we came to the land of
the lawless and inhuman Cyclopes.
Now the Cyclopes neither plant nor
plow, but trust in providence, and
live on such wheat, barley, and
grapes as grow wild without any
kind of tillage, and their wild grapes
yield them wine as the sun and rain
may grow them. They have no laws
or assemblies of the people, but
live in caves on the tops of
mountains; each is lord and master
in his family, and they take no
account of their neighbors.”
Homer, The Odyssey, Book IX
Western Civilization and the Language of Savagery:
9. “…Wherefore the poets say, It is
meet that Hellenes should rule
over barbarians; as if they thought
that the barbarian and the slave
were by nature one…
…Wherefore Hellenes do not like
to call Hellenes slaves, but
confine the term to barbarians.
Yet, in using this language, they
really mean the natural slave of
whom we spoke at first; for it
must be admitted that some are
slaves everywhere, others
nowhere…”
Aristotle’s Theory of Natural Slavery
Aristotle
(384 BC–322 BC)
12. “They were wild, savage and warlike, tribes which no one who
has ever lived would not wish to see crushed and subdued.”
Cicero, 1st
Century B.C.
13. Western Civilization’s Wars against the Savage
• Charlemagne’s Wars against
Tribes of Europe
• The Christian Crusades to the
Holy Lands
• The Teutonic Knights and Pagan
Lithuanians
• The Papal Bull Laudabiliter and
the “Wild Irish”
• The Spanish Reconquista
• Inquisition, Expulsion of Jews
• Romanus Pontifex and the Papal
Donation of Africa
• Inter Caetera and the Papal
Donation of the New World
14. LORD EDWARD COKE:
“… All infidels are in law perpetual enemies (for
the law presumes not that they will be
converted, that being a remote possibility) for
between them, as with the devils, whose
subjects they be, and the Christian, there is
perpetual hostility, and can be no peace …a
Pagan cannot have or maintain any action at all
[in the King's courts].
…If a Christian King should conquer a kingdom
of an infidel, and bring them under his
subjection, there ipso facto the laws of the
infidel are abrogated, for that they be not only
against Christianity, but against the law of God
and of nature, contained in the decalogue; and
in that case, until certain laws be established
amongst them, the King by himself, and such
Judges as he shall appoint, shall judge them
and their causes according to natural equity ….”
Calvin’s Case (1608)
Lord Edward Coke
15. The Peace of Westphalia, 1648
Established modern European state system and following principles:
• Sovereignty of nation-states and the fundamental right of
political self-determination
• Legal equality between nation-states
• Internationally binding treaties between states
• Non-intervention of one state in the internal affairs of another state
• Cuius regio, eius religion (“Whose rule, his religion”)
16. “The Indians really have no right to the
lands they claim, nor are they of any
actual value or utility to them; I cannot
see why they should either retain these
lands to the prejudice of the general
interests of the Colony, or be allowed to
make a market of them either to
Government or to individuals.”
Joseph Trutch, Commissioner of Land Works for the
colonial government in British Columbia, 1867
The Origins of the “Denial” Policy
In British Columbia
“I think they are the ugliest and laziest
creatures I ever saw, and we should, as
soon think of being afraid of our dogs as
of them.”
Letter from Joseph Trutch to his wife Charlotte Trutch,
expressing his views on the Indians of the Oregon
Territory , 23 June 1850 (Trutch Papers)
Joseph Trutch, c. June 1870
17. The 1884 E &N Railway Grant and the Establishment of Reserves
18. Johnson v. McIntosh (1823)
CHIEF JUSTICE MARSHALL:
“…The exclusion of all other Europeans, necessarily gave
to the nation making the discovery the sole right of
acquiring the soil from the natives, and establishing
settlements upon it. It was a right with which no Europeans
could interfere. It was a right which all asserted for
themselves, and to the assertion of which, by others, all
assented.
Those relations which were to exist between the
discoverer and the natives, were to be regulated by
themselves. The rights thus acquired being exclusive, no
other power could interpose between them.”
20. United Nations Human Rights System
The United Nations International Covenant
on Civil and Political Rights
Article 1:
“All peoples have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue their
economic, social, and cultural development.”
Article 27:
“In those States in which ethnic,
religious or linguistic minorities exist,
persons belonging to those
minorities shall not be denied the
right, in community with other
members of their group, to enjoy their
own culture, to profess and practice
their own religion, or to use their own
language.”
21. Canada’s Defense in Mikmaq Tribal Society v. Canada
UN Human Rights Committee (1980)
“International, American and Canadian law
do not recognize treaties with North
American Native People as international
documents confirming the existence of these
tribal societies as independent and
sovereign states. These treaties are merely
considered to be nothing more than
contracts between a sovereign and a group
of its subjects”
22. International Labour Organization
(No. 169) on Indigenous and Tribal Peoples
Inclusion of provisions concerning
indigenous children in the UN Convention
on the Rights of the Child
Inclusion of provisions concerning
indigenous peoples in major international
environmental instruments
The UN Working Group on Indigenous
Populations
The Proposed American Declaration on
the Rights of Indigenous Peoples (OAS)
The Modern Indigenous Human Rights Movement
23. UN Human Rights Committee
General Comment No. 23, interpreting article 27
(1994)
“With regard to the exercise of
the cultural rights protected under
article 27, the Committee observes
that culture manifests itself in many
forms, including a particular way of
life associated with the use of land
resources, especially in the case of
indigenous peoples. That right may
include such traditional activities
as fishing or hunting and the right
to live in reserves protected by law.”
24. United Nations Declaration on the Rights of Indigenous Peoples
(as adopted by the UN General Assembly, September 13, 2007)
Article 26
“Indigenous peoples have the right to the lands, territories
and resources which they have traditionally owned,
occupied or otherwise used or acquired.
Indigenous peoples have the right to own, use, develop
and control the lands, territories and resources that they
possess by reason of traditional ownership or other
traditional occupation or use, as well as those which they
have otherwise acquired.
States shall give legal recognition and protection to these
lands, territories and resources. Such recognition shall
be conducted with due respect to the customs, traditions
and land tenure systems of the indigenous peoples
concerned.”
25. United Nations Declaration on the Rights of Indigenous Peoples
Article 28
“Indigenous peoples have the right to redress,
by means that can include restitution or, when
this is not possible, of a just, fair and equitable
compensation, for the lands, territories and
resources which they have traditionally owned
or otherwise occupied or used, and which have
been confiscated, taken, occupied, used or
damaged without their free, prior and informed
consent.”
26. Article 3
“Indigenous peoples have the right to self-determination.
By virtue of that right they freely determine their political
status and freely pursue their economic, social and cultural
development.”
Article 19
“States shall consult and cooperate in good faith with the
indigenous peoples concerned through their own
representative institutions in order to obtain their free,
prior and informed consent before adopting and
implementing legislative or administrative measures that
may affect them.”
The Right to Consultation under the
UN Declaration on the Rights of Indigenous Peoples
27. Report of the UN Special Rapporteur on the situation
of the human rights and fundamental freedoms of
indigenous peoples, S. James Anaya (2008)
“The United Nations Declaration on the Rights of
Indigenous Peoples represents an authoritative
common understanding, at the global level, of the
minimum content of the rights of indigenous peoples,
upon a foundation of various sources of international
human rights law. The product of a protracted drafting
process involving the demands voiced by indigenous
peoples themselves, the Declaration reflects and
builds upon human rights norms of general
applicability, as interpreted and applied by United
Nations and regional treaty bodies, as well as on the
standards advanced by ILO Convention No. 169 and
other relevant instruments and processes.”
28. Canada’s Position on the UN Declaration
"...Canada's position has remained consistent and
principled. We have stated publicly that we have
significant concerns with respect to the wording of the
current text, including the provisions on lands,
territories and resources; free, prior and informed
consent when used as a veto; self-government without
recognition of the importance of negotiations;
intellectual property; military issues; and the need to
achieve an appropriate balance between the rights and
obligations of indigenous peoples, member States and
third parties.”
Statement by Ambassador McNee to the General Assembly on the
Declaration on the Rights of Indigenous Peoples, 13 September 2007.
29. Inter-American Human Rights System (OAS)
Charter of the Organization of American States
Proclaims commitment of Member States to protect human rights.
Inter-American Commission on Human Rights
- OAS Charter Organization; Comprised of 7 independent experts
- Issues State and thematic reports; adjudicate human rights complaints.
American Declaration on the Rights and Duties of Man
Affirms many of the same rights as those in Universal Declaration of
Human Rights:
Article 2: “All persons are equal before the law and have
the rights and duties established in the Declaration, without
distinction as to race, creed, sex, language, creed or
any other factor.”
Article 23: “Every person has a right to own such private
property as meets the essential needs of decent living and
helps to maintain the dignity of the individual and of the
home.”
30. The Case of Awas Tingni vs. Nicaragua
Inter-American Court of Human Rights
Judgment of August 31, 2001
31. The Case of Awas Tingni vs. Nicaragua
Decision of the Inter-American Court (2001)
• Nicaragua violated the right to property by granting concessions
to exploit the resources on Awas Tingni traditional lands and by
not titling and demarcating those lands in favor of the community.
The right to property includes the collective right of indigenous
peoples to the enjoyment of their traditional lands and natural
resources.
• “…For indigenous communities, relations to the land are not
merely a matter of possession and production but a material and
spiritual element which they must fully enjoy, even to preserve
their cultural legacy and transmit it to future generations.”
• Nicaragua must cease acts which could cause agents of the State,
or third parties, to affect the existence, value, use or enjoyment of
the property of the Awas Tingni community and adopt measures
of legislative, administrative, and whatever other character for the
effective delimitation, demarcation, and titling of indigenous lands.
32. The Case of Dann vs. the United States
Inter-American Commission on Human Rights
Report of October 2001 (Released July 2002)
“Where property and user rights of indigenous peoples arise
from rights existing prior to the creation of a state, [indigenous
peoples have the right to] recognition by that state of the
permanent and inalienable title of indigenous peoples relative
thereto and to have such title changed only by mutual consent
between the state and respective indigenous peoples when they
have full knowledge and appreciation of the nature or attributes
of such property. This also implies the right to fair compensation
in the event that such property and user rights are irrevocably
lost.”
33. Case of the Saramaka People v. Suriname
Inter-Am. Ct. H.R., Judgment of November 28, 2007
• “First, the State must ensure the effective participation of the
members of the Saramaka people, in conformity with their
customs and traditions, regarding any development, investment,
exploration or extraction plan … within Saramaka territory. By
‘development or investment plan’ the Court means any proposed
activity that may affect the integrity of the lands and natural
resources within the territory of the Saramaka people,
particularly any proposal to grant logging or mining concessions.
• Second, the State must guarantee that the Saramakas will
receive a reasonable benefit from any such plan within their
territory.
• Thirdly, the State must ensure that no concession will be
issued within Saramaka territory unless and until independent
and technically capable entities, with the State’s supervision,
perform a prior environmental and social impact assessment.”
34. Case of the Saramaka People v. Suriname
Inter-Am. Ct. H.R., Judgment of November 28, 2007
“…These safeguards are intended to
preserve, protect and guarantee the special
relationship that the members of the
Saramaka community have with their
territory, which in turn ensures their
survival as a tribal people.”
35. Canada’s Comprehensive Claims Process,
the British Columbia Treaty Commission, and
Indigenous Peoples Human Rights
UN HUMAN RIGHTS COMMITTEE
Comments on Canada (1999)
The Human Rights Committee
recommended that Canada reform its laws
and internal policies to guarantee the full
enjoyment of rights over land and
resources for the indigenous people of
Canada. Additionally, the Committee
recommended that Canada abandon “the
practice of extinguishing inherent
aboriginal rights … as incompatible with
article 1 of the Covenant. “
British Columbia’s First Nations
36. Canada’s Negotiating Mandates in the BCTC Process
• “Private lands” are not “on the table”
• Just compensation is not on the table/ BCTC process is
a “political process”/
• “Interest-based as opposed to rights-based approach”
• “Modified Rights/ Non-Assertion Model”
• Indemnity requirement and full and final settlement/
extinguishment for a treaty
• “Litigate or negotiate” policy
• The loan policy - “397M - and growing” (Vancouver Sun October 6, 2010)
• Municipal model of governmental powers/ refusal to
recognize inherent aboriginal right of self-government
37. “The Committee, while noting that the State party
has withdrawn, since 1998, the requirement for an
express reference to extinguishment of Aboriginal
rights and titles either in a comprehensive claim
agreement or in the settlement legislation ratifying
the agreement, remains concerned that the new
approaches, namely the “modified rights model” and
the “non-assertion model,” do not differ much from
the extinguishment and surrender approach.”
UN Committee on Economic, Social and Cultural Rights
Concluding Observations: Canada (May 22, 2006), at para. 16.
38. PETITION
to the
INTER-AMERICAN COMMISSION ON HUMAN
RIGHTS
submitted by
THE HUL’QUMI’NUM TREATY GROUP
against
CANADA
Submitted May 10, 2007
112. By unilaterally granting rights and interests in the traditional
lands and resources of the Hul’qumi’num peoples to private third
parties without ever consulting them, seeking their consent, or
offering restitution or payment of just compensation in return for a
valid extinguishment of their aboriginal title and property rights and
by permitting damaging logging and other development activities on
these lands used, occupied and relied upon by the Hul’qumi’num for
their cultural survival, Canada is acting in violation of the right to
property, the right to restitution for its taking, the right to cultural
integrity, the right to consultation and other human rights belonging
to the Hul’qumi’num as indigenous peoples.
39.
40.
41. 18. The CVRD Development Services Department Report for 2007
shows rapid growth in the key development permitting areas of zoning
amendments, subdivision activity, and development permit applications
over the past decade (1998-2007)…The statistics on the “Potential
Number of Parcels Created” by subdivision applications are particularly
alarming, showing a ten-year trend toward ever larger and larger
subdivisions, capped by 2007’s near threefold increase over the prior
year (from 270 to 752 potential parcels!):
1998- 52
1999- 92
2000- 97
2001- 115
2002- 185
2003- 303
2004- 401
2005- 316
2006- 270
2007- 752
42. Canada’s Submission in Response to the Commission
(May 11, 2008)
• Canada argues that “the HTG’s petition is
inadmissible because the HTG has not exhausted
readily available domestic remedies.”
– “HTG can address its claims through negotiations under the
BCTC Process.”
– “If the HTG believes that these negotiations are not
adequate to address the HTG concerns, the HTG could use
readily available domestic legal remedies to address its
claims.”
43. Canada’s Response:
95. The HTG asserts that Canada's courts "have
never legally recognized or affirmed one single
square inch of aboriginal title rights belonging to
indigenous peoples in their traditional lands that
were granted by the State in fee simple to private
third parties in British Columbia.”
96. The fact that a Canadian court has not made
such a specific declaration to date does not
demonstrate that a Canadian court never would, in a
properly plead case…
44. Inter-American Commission on Human Rights
REPORT No. 105/09
Petition 592-07, Admissibility
Hul’qumi’num Treaty Group v. Canada
October 30, 2009
37. …[S]ince 1994, the HTG, through the treaty negotiation
process of the BCTC, has brought to the attention of official
authorities the central facts contained in the petition, to wit: legal
recognition and/or restitution of their ancestral lands, including
lands that are in private hands, as well as the implementation of a
process of prior consultation as indispensable measures to
protect those lands from the actions of private third parties.
However, the BCTC process has not allowed negotiations on the
subject of restitution or compensation for HTG ancestral lands in
private hands, which make up 85% of their traditional territory.
Since 15 years have passed and the central claims of HTG have
yet to be resolved, the IACHR notes that the third exception to the
requirement of exhaustion of domestic remedies applies due to
the unwarranted delay on the part of the State to find a solution to
the claim.
45. Inter-American Commission on Human Rights
REPORT No. 105/09
Petition 592-07, Admissibility
Hul’qumi’num Treaty Group v. Canada
October 30, 2009
37. …Likewise, the IACHR notes that by failing to resolve
the HTG claims with regard to ancestral lands, the BCTC
process has demonstrated that it is not an effective
mechanism to protect the right alleged by the alleged
victims. Therefore, the first exception to the requirement of
exhaustion of domestic remedies applies because there is
no due process of law to protect the property rights of the
HTG to its ancestral lands.
46. Inter-American Commission on Human Rights
REPORT No. 105/09
Petition 592-07, Admissibility
Hul’qumi’num Treaty Group v. Canada
October 30, 2009
39. The IACHR also considers relevant the experiences of
other Canadian indigenous groups described in the amicus
curiae briefs filed with the IACHR, which show the difficulties
they have faced when trying to access the legal remedies the
State contends must be exhausted by the HTG in order to
obtain recognition and protection of its ancestral lands. The
Commission notes that the jurisprudence cited by the State
recognizes the existence of the aboriginal title, the communal
nature of indigenous property rights, and the right to
consultation in the Canadian legal system. But, the amicus
briefs show that none of these judgments has resulted in a
specific order by a Canadian court mandating the demarcation,
recording of title deed, restitution or compensation of
indigenous peoples with regard to ancestral lands in private
hands…
47. Inter-American Commission on Human Rights
REPORT No. 105/09
Petition 592-07, Admissibility
Hul’qumi’num Treaty Group v. Canada
October 30, 2009
41. …The Commission notes that the legal
proceedings mentioned above do not seem to provide any
reasonable expectations of success, because Canadian
jurisprudence has not obligated the State to set
boundaries, demarcate, and record title deeds to lands of
indigenous peoples, and therefore in the case of HTG,
these remedies would not be effective under recognized
general principles of international law.