Sovereignty and Decolonization [microform] : Realizing Indigenous Self-determination at the United Nations and in Canada

"The inclusion of self-determination in the two international human rights covenants and in the Declaration on the Granting of Independence to Colonial Peoples evidence self-determination's place in the language of international human rights at the United Nations. Though these documents declare that 'all peoples have the right of self-determination, ' a closer look at the history of self-determination at the UN and its relationship to decolonization illustrates how member states of the United Nations have carefully excluded indigenous peoples from being counted within the seemingly all-embracing language of 'all peoples.' The study is divided into two parts. Part I, Chapter 1 examines United Nations dialogue surrounding self-determination and decolonization and reveals the definitions accepted by that international body. Chapter 2 presents academic understandings of both the subject and content of self-determination and concludes by offering alternatives that make the right of self-determination accessible to all peoples. Chapter 3 highlights the distinguishing historical context of indigenous claims to self-determination and re-conceptualizes the frequently misunderstood terms 'nation' and 'state' as required by the status of indigenous peoples as sovereign nations. Part II applies ideas developed in Part I to the Canadian context. Chapter 4 reveals how the tenants underlying Crown policy perpetuate the colonial relationship implemented by the first settlers and how the Canadian legal system helps to legitimize the Crown's assumption of sovereignty and the continuing denial of indigenous nationhood. Chapter 5 describes how federalism can offer a unique opportunity to reconfigure the Canadian state and decolonize the relationship between the Crown and indigenous peoples"--Leaf ii