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Struggles and Conflicts- Land rights vs Economics

Environment   Feb 23, 2015 by ojavid

The balance between land rights and economics is one of the most fundamental struggles of our generation and truly calls into question the provisions in place to provide certain rights. Land rights in Canada have mainly centred on indigenous groups which call for the acknowledgement of treaties signed many years ago. The government in many circumstances has denied these rights or delayed any recognition to these land rights to the benefit of industries. Many indigenous groups have struggled for multiple generations to have their voice heard and obtain a sense of self determination in the land that their ancestors grew up on. On the outside looking in, we often forget the immense spiritual connection these individuals have to the land and how it often serves them many economic purposes (hunting/fishing). Industries many times have established factories or extracted the rich resources of the land and ignore the claims that indigenous groups make to the land. When corporations in the oil and gas industry are collecting lucrative profits and fail in many cases to give back to the local communities, it is an infringement on of the most basic rights which are entitlement to the land. In the oil sands of Alberta, many times communities have been funneled out of the region and in light to recent studies have become exposed to many carcinogenic toxins. In other cases valuable resources such as forests have been cut down in order to fuel paper mills leading to vast ecological disruptions in the land which is a true injustice to future generations. The land is where many indigenous groups have the youth educated and mature in a collective environment and through gradual industrialization we have put their cultures in jeopardy. Many of the youth struggle with their native tongue and have grown apart from elders in the group mainly due to the vast economic benefits the land presents corporations and governments. Here in Alberta, our economy is driven by oil prices which in large part lie on the indigenous land to which corporations may not have land rights to. Legally we no longer acknowledge many of the treaties signed during colonization of Canada, which has made land rights a great struggle for groups seeking any compensation.

Recommendation:

Personally I believe that to ensure everyone has access to human rights, we must strengthen existing global organizations such as the UN and establish legal devices to put countries on trial that infringe upon basic human rights. Right now there are too many interests and motives within these organizations which have stalled effective reform and allowed corporations and countries to avoid consequences for their actions. We need to remove many of the national, cultural, and religious labels we place on people and establish a strong unified organization that can defend human rights through a legal code defending the most basic of liberties. Individuals should be labelled just that and in the face of law face appropriate punishments which cannot be avoided by wealthy lawyers finding small loopholes in our current system. There must be an overarching body that possess enough power to enforce quotes such as environmental targets and not allow entire countries to exist their promises such as Canada with the Kyoto Accord.  


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2 Comment(s)

Saher Riaz
Feb 24, 2015

I personally commend you of speaking out on the controversial truths of our nation, whether they be past or present. Unfortunately these injustices continue to plague our society and it unknown how long they will continue to do so. I think that your blog post has covered the topic of land rights here in Alberta very well, however I will suggest that you take this opportunity to investigate the appealing horrors and injustices outside of Canada when it comes to land rights. A prime example of something you can look into would be the Israeli-Palestinian conflict. Like the situation in Alberta with the indigenous people and their struggle, this conflict is just as controversial. Unfortunately, when one speaks of the injustices on the Palestinian people or even vise-versa, it usually leads to a heated debate that has greatly strayed from the original topic, involving contentions based off of religion and ethics. The solution to this exaggerated war also is nowhere in sight due to the angry attitudes that have emerged throughout the 65 years that the war has been raging. These attitudes, cultivated through government propaganda, have overall lend to a negative perception of the “other” side. Although the solution is nowhere in sight, does not mean that there isn't one. Perhaps with our newer generation, a peace treaty or ceasefire can be attained and end the struggles of both sides. Again, i greatly appreciate you taking the stance to address a question that makes most people have simply ignored for centuries.

Curtis Riep
Feb 24, 2015

Thank you Saher for bringing up the very important Palestinian-Israeli issue. As a Canadian citizen, I am troubled by our Prime Minister’s blind faith and unrelenting support of Israel. Stephen Harper’s Canada has been called “the world’s most fervent ally of Israel,” even while Israel commits atrocious acts of violence, destruction and suffering on Palestinian people in an “Apartheid” like system of segregation and injustice similar to that inflicted on black populations in South Africa. As global citizens, what do you think we can do to stand in solidarity and support Palestine?

Boycotts, Divestment and Sanctions (BDS) is one of the most powerful global movements which everyday individuals like you and I can become involved in to support Palestinian human rights. In 2005, Palestinian civil society issued a call for a campaign of boycotts, divestment and sanctions (BDS) against Israel until it complies with international law and Palestinian rights. A truly global movement against Israeli Apartheid is rapidly emerging in response to this call. Please find out more information on the BDS movement by checking out this link: http://www.bdsmovement.net/# (you may have to copy and paste). Specifically, check out their consumer, cultural and academic boycotts, divestment and sanctions campaigns.

Curtis Riep
Feb 24, 2015

Thanks for your sharing your thoughts. You speak the truth. For far too long, Canada has abusively denied the rights of its indigenous peoples in a politics that prioritizes profits over people. Certainly, the Canadian government has failed to uphold its own constitutional laws which were put in place to uphold Aboriginal rights. Under Section Thirty-Five of the Constitution Act, 1982, it states:

“35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

(2) In this Act, "Aboriginal Peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada.

(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.

The Canadian constitution legally declares that Aboriginal treaty rights and land claims must be enforced, yet, Canadian governments continue to deny these rights. Perhaps the constant dismissal of Aboriginal and treaty rights by or own Canadian government has inspired you to recommend that we should support international organizations such as the UN to enforce human rights...and I definitely support your recommendation!

Recently, the international community adopted the UN's Declaration on the Rights of Indigenous Peoples -- a global declaration intended to set human rights standards for indigenous peoples. However, Canada was the only country in the whole world which didn't sign onto this agreement. Please check out this link for more information (you may have to copy and paste): http://www.cbc.ca/news/canada/canada-votes-no-as-un-native-rights-declaration-passes-1.632160

Article 26 of the UN's Declaration on the Rights of Indigenous Peoples states: "Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired."

Why do you think Canada did not sign onto the UN's Declaration on the Rights of Indigenous Peoples? And, how do you think we can hold our government more accountable for upholding existing human rights laws, such as treaty rights?

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