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Indigenous People Advance a Dramatic Goal: Reversing Colonialism

When an Indigenous community in Canada announced recently that it had discovered a mass burial site with the remains of 215 children, the location rang with significance.

Not just because it was on the grounds of a now-shuttered Indian Residential School, whose forcible assimilation of Indigenous children a 2015 truth and reconciliation report called “a key component of a Canadian government policy of cultural genocide.”

That school is in Kamloops, a city in British Columbia from which, 52 years ago, Indigenous leaders started a global campaign to reverse centuries of colonial eradication and reclaim their status as sovereign nations.

Their effort, waged predominantly in courts and international institutions, has accumulated steady gains ever since, coming further than many realize.

It has brought together groups from the Arctic to Australia. Those from British Columbia, in Canada’s mountainous west, have been at the forefront throughout.

Only two years ago, the provincial government there became the world’s first to adopt into law United Nations guidelines for heightened Indigenous sovereignty. On Wednesday, Canada’s Parliament passed a law, now awaiting a final rubber stamp, to extend those measures nationwide.

It was a stunning victory, decades in the making, that activists are working to repeat in New Zealand — and, perhaps one day, in more recalcitrant Australia, Latin America and even the United States.

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The decades-long push for sovereignty has come with a rise in activism, legal campaigning and historical reckonings like the discovery at Kamloops. All serve the movement’s ultimate aim, which is nothing less than overturning colonial conquests that the world has long accepted as foregone.

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In 1960, world governments near-unanimously backed a United Nations declaration calling to roll back colonialism. European nations began withdrawing overseas, often under pressure from the Cold War powers.

But the declaration excluded the Americas, Australia and New Zealand, where colonization was seen as too deep-rooted to reverse. It was taken as effectively announcing that there would be no place in the modern world for Indigenous peoples.

Then, at the end of the decade, Canada’s progressive government issued a fateful “white paper” announcing that it would dissolve colonial-era policies, including reserves, and integrate Indigenous peoples as equal citizens. It was offered as emancipation.

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To the government’s shock, Indigenous groups angrily rejected the proposal. Like the United Nations declaration, it implied that colonial-era conquests were to be accepted as forgone.

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The Kamloops group began what became a campaign to impress upon the world that they were sovereign peoples with the rights of any nation, often by working through the law.

They linked up with others around the world, holding the first meeting of The World Council of Indigenous Peoples on Vancouver Island. Its first leader, George Manuel, had passed through the Kamloops residential school as a child.

The council’s charter implicitly treated countries like Canada and Australia as foreign powers. It began lobbying the United Nations to recognize Indigenous rights.

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The movement secured a series of court victories that, over decades, stitched together a legal claim to the land, not just as its owners but as sovereign nations. {snip}

Activists focused especially on Canada, Australia and New Zealand, which each draw on a legal system inherited from Britain. Laws and rulings in one can become precedent in the others, making them easier to present to the broader world as a global norm.

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In 2007, after 40 years of maneuvering, the United Nations adopted the declaration on Indigenous rights. Only the United States, Australia, New Zealand and Canada opposed, saying it elevated some Indigenous claims above those of other citizens. All four later reversed their positions.

“The Declaration’s right to self-determination is not a unilateral right to secede,” Dr. Claire Charters, a New Zealand Māori legal expert, wrote in a legal journal. However, its recognition of “Indigenous peoples’ collective land rights” could be “persuasive” in court systems, which often treat such documents as proof of an international legal principle.

Few have sought formal independence. But an Australian group’s 2013 declaration, brought to the United Nations and the International Court of Justice, inspired several others to follow. All failed. But, by demonstrating widening legal precedent and grass roots support, they highlighted that full nationhood is not as unthinkable as it once was.

It may not have seemed like a step in that direction when, in 2019, British Columbia enshrined the U.N. declaration’s terms into provincial law.

{snip} Conservatives and legal scholars have argued it would amount to an Indigenous veto, though Justin Trudeau, Canada’s prime minister, and his liberal government dispute this.

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