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Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent

The ongoing reconciliation process in Canada has been criticized for failing to recognize the larger project of ongoing settler colonialism and for its inability to meaningfully respond to the aspirations and demands of Indigenous peoples for self-determination. However, in the Truth and Reconciliat...

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Main Author: Posselwhite, Kaitlyn
Other Authors: Scanlon, Helen
Format: Thesis
Language:Eng
Published: Department of Political Studies 2019
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access_status_str Open Access
author Posselwhite, Kaitlyn
author2 Scanlon, Helen
author_browse Posselwhite, Kaitlyn
Scanlon, Helen
author_facet Scanlon, Helen
Posselwhite, Kaitlyn
author_sort Posselwhite, Kaitlyn
collection Thesis
description The ongoing reconciliation process in Canada has been criticized for failing to recognize the larger project of ongoing settler colonialism and for its inability to meaningfully respond to the aspirations and demands of Indigenous peoples for self-determination. However, in the Truth and Reconciliation Commission’s final report, the important recommendation was made for Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples, the most accomplished proclamation of Indigenous peoples’ rights, especially their right to selfdetermination, as the framework for reconciliation in the country. Following the Commission’s recommendation, the Canadian government committed itself to implementing the Declaration, including its free, prior and informed consent requirement, into the country’s legislation. This is significant for settler colonial violence in Canada continues to manifest itself in a multitude of ways, including through imposed resource extraction projects and environmental violence, which dispossesses Indigenous peoples of their land, violating their right to self-determined social, cultural and economic development, and thus, denying them their dignity. Through an application of Atuahene’s theoretical framework of Dignity Takings and Dignity Restoration, this dissertation conceptualizes eliminatory resource exploitation projects and associated environmental violence as dignity takings in a settler colonial context, whereby Indigenous peoples are dispossessed of their land, as well as their right to self-determination. It then explores the potential role the implementation of the United Nations Declaration on the Rights of Indigenous Peoples free, prior and informed consent requirement, which affirms that Indigenous people should make decisions on matters affecting their lands and/or people, can have for meaningfully restoring Indigenous peoples’ dignity, and thereby affirming their unqualified right to self-determination in settler colonial Canada. The findings demonstrate that while the free, prior and informed consent requirement’s regulatory and normative framework at the international level has the potential to meaningfully restore dignity to Indigenous peoples in theory, an assessment of the requirement’s implementation in the Canadian context reveals the considerable influence national politics and institutional norms have in shaping the requirement’s effective implementation, operationalization and dignity restoring potential.
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language Eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2019
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spelling oai:open.uct.ac.za:11427/30528 Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent Posselwhite, Kaitlyn Scanlon, Helen Justice and Transformation The ongoing reconciliation process in Canada has been criticized for failing to recognize the larger project of ongoing settler colonialism and for its inability to meaningfully respond to the aspirations and demands of Indigenous peoples for self-determination. However, in the Truth and Reconciliation Commission’s final report, the important recommendation was made for Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples, the most accomplished proclamation of Indigenous peoples’ rights, especially their right to selfdetermination, as the framework for reconciliation in the country. Following the Commission’s recommendation, the Canadian government committed itself to implementing the Declaration, including its free, prior and informed consent requirement, into the country’s legislation. This is significant for settler colonial violence in Canada continues to manifest itself in a multitude of ways, including through imposed resource extraction projects and environmental violence, which dispossesses Indigenous peoples of their land, violating their right to self-determined social, cultural and economic development, and thus, denying them their dignity. Through an application of Atuahene’s theoretical framework of Dignity Takings and Dignity Restoration, this dissertation conceptualizes eliminatory resource exploitation projects and associated environmental violence as dignity takings in a settler colonial context, whereby Indigenous peoples are dispossessed of their land, as well as their right to self-determination. It then explores the potential role the implementation of the United Nations Declaration on the Rights of Indigenous Peoples free, prior and informed consent requirement, which affirms that Indigenous people should make decisions on matters affecting their lands and/or people, can have for meaningfully restoring Indigenous peoples’ dignity, and thereby affirming their unqualified right to self-determination in settler colonial Canada. The findings demonstrate that while the free, prior and informed consent requirement’s regulatory and normative framework at the international level has the potential to meaningfully restore dignity to Indigenous peoples in theory, an assessment of the requirement’s implementation in the Canadian context reveals the considerable influence national politics and institutional norms have in shaping the requirement’s effective implementation, operationalization and dignity restoring potential. 2019-08-26T09:52:57Z 2019-08-26T09:52:57Z 2019 2019-08-23T09:49:45Z Master Thesis Masters Master of Philosophy http://hdl.handle.net/11427/30528 Eng application/pdf Department of Political Studies Faculty of Humanities
spellingShingle Justice and Transformation
Posselwhite, Kaitlyn
Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent
thesis_degree_str Master's
title Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent
title_full Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent
title_fullStr Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent
title_full_unstemmed Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent
title_short Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent
title_sort dignity takings and dignity restoration of indigenous peoples in settler colonial canada a qualitative analysis of the transformative potential of free prior and informed consent
topic Justice and Transformation
url http://hdl.handle.net/11427/30528
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