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Option 4: Indigenous Peoples 25% of course time



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Option 4: Indigenous Peoples 25% of course time



Principal focus: Through the use of contemporary examples, students investigate the effectiveness of legal and non-legal processes in achieving justice for Indigenous Peoples globally.    

 

Outcomes

H1. identifies and applies legal concepts and terminology 

H3. analyses the operation of domestic and international legal systems

H4. evaluates the effectiveness of the legal system in addressing issues

H5. explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change

H6. assesses the nature of the interrelationship between the legal system and society

H7. evaluates the effectiveness of the law in achieving justice

H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media, international instruments and documents

H9. communicates legal information using well-structured and logical arguments

H10. analyses differing perspectives and interpretations of legal information and issues



 

Themes and challenges to be incorporated throughout the topic:

  • the impact of state sovereignty in encouraging cooperation and resolving conflict in regard to Indigenous Peoples.

  • issues of compliance and non-compliance
  • laws relating to Indigenous Peoples as a reflection of changing values and ethical standards


  • the role of law reform in recognising the rights of Indigenous Peoples

  • the effectiveness of legal and non-legal responses in achieving justice for Indigenous Peoples.

 

Assessment: Research and written response.


 

Students learn about:

Students learn to:

Suggested teaching and learning strategies

Themes and challenges

1. The nature of the law and Indigenous Peoples










  • definition of  ‘Indigenous Peoples’

  • define Indigenous Peoples

Class brainstorms their understanding of Indigenous Peoples and writes a definition.




  • loss of rights of Indigenous Peoples over time




  • outline the loss of rights of Indigenous Peoples globally


Resources: Hot Topics, No. 68, Indigenous Peoples, 2009.

In groups students investigate different Indigenous Peoples. They locate them on a world map and provide a timeline of their loss of collective rights. They present findings to the class.

All groups then collate their world maps and timelines to produce a global overview.

Compare the history and the issues facing these peoples. What universal loss of rights do they share?


  • laws relating to Indigenous Peoples as a reflection of changing values and ethical standards

  • legal recognition of Indigenous Peoples

  • outline the need for legal recognition of Indigenous Peoples

Resource: Hot Topics, No. 68, Indigenous Peoples, 2009 include Indigenous Peoples from USA, Sami, Canada, Mapuche, NZ and Australia.










Teacher models a structure for a response that examines the following aspects, using at least three examples of Indigenous Peoples:

  • loss of cultural rights: cultural integrity, self-identification, self-determination, sovereignty

  • importance of these rights and affinity to the land

  • struggles for legal recognition

  • difficulties in determining their future.

  • issues of compliance and non-compliance



  • importance of the right to self-determination 



  • explain the difficulties faced by Indigenous Peoples in determining their own future


Explanation of problems of Indigenous Peoples gaining access to the international legal system, including courts and intergovernmental organisations. Include lack of standing in international law and the reliance on the political will of nation states to take action on behalf of Indigenous Peoples.


  • the impact of state sovereignty in encouraging cooperation and resolving conflict in regard to Indigenous Peoples

2. Responses to Indigenous Peoples


  • The role of:

  • the nation state and state sovereignty

  • the United Nations




  • international instruments


  • courts


  • intergovernmental organisations

  • non-government organisations

  • the media

  • examine the role of sovereignty in assisting and impeding the recognition of the rights of Indigenous Peoples



  • evaluate the effectiveness of legal and non-legal measures in achieving justice for Indigenous Peoples



Refer back to student research. Note: where has the nation state taken action on behalf of their Indigenous People? Relate back to sovereignty and the political will of governments to act on behalf of Indigenous Peoples.

Resources: www.un.org/esa/socdev/unpfii/

www.un.org/cyberschoolbus/indigenous/index.asp

Hot Topics, No. 68, Indigenous Peoples, 2009.

Discuss the role of ECOSOC: Working Group on Indigenous Peoples and Permanent Forum on Indigenous Peoples. Note that there are few international instruments regarding Indigenous Peoples and the length of time the UN Declaration on the Rights of Indigenous Peoples took to establish. It is now the benchmark for Indigenous Peoples internationally.


Discuss with students why it has been so difficult to establish international instruments for Indigenous Peoples.

Resources: www.iwgia.org/sw248.asp

www.un.org

Note problems with Indigenous Peoples’ lack of standing in international law limiting their access to the legal system and their ability to achieve justice.
Using previous research of case studies, discuss the roles of intergovernmental organisations, non-government organisations and the media in Indigenous Peoples gaining their rights.


  • the role of law reform in recognising the rights of Indigenous Peoples




  • laws relating to Indigenous Peoples as a reflection of changing values and ethical standards 




  • issues of compliance and non-compliance

  • Australia’s federal structure

  • explain the role of Australia’s federal structure in responding to the needs of Indigenous Peoples




Briefly research the impact of Australia’s federal system on responding to indigenous rights. Compare and contrast to global Indigenous Peoples globally.

Research: ‘The Apology’, 2009 Statement of Support for the Declaration on the Rights of Indigenous Peoples.

Resources: Australian Human Rights Commission – www.hreoc.gov.au/Social_Justice/index.html

L. Behrendt, 2003, Achieving Social Justice, The Federation Press, Sydney


National Indigenous Timeswww.nit.com.au

Behrendt, Cunneen and Libesman, Indigenous Legal Relations in Australia, 2009 (Oxford University Press)


www.liac.sl.nsw.gov.au/

Hot Topics especially Indigenous Peoples, No. 68, 2009


  • the impact of state sovereignty in encouraging cooperation and resolving conflict in regard to Indigenous Peoples



  • the effectiveness of legal and non-legal responses in achieving justice for Indigenous Peoples

    1. Contemporary issues concerning Indigenous Peoples










 Issues that must be studied:




  • identify and investigate these contemporary issues  involving the rights of Indigenous Peoples and evaluate the effectiveness of legal and non-legal responses to these issues


Explain the concepts of cultural rights, land rights, the legal rights to natural resources and intellectual property. Review earlier research to gain a global perspective on these issues.

These issues need to be studied with a global perspective using case studies of Indigenous Peoples to highlight the impact of these issues.


Research the following relating to the issues:

Canada: Constitutional Recognition – 1982 – section 35. The existing aboriginal and treaty rights of the aboriginal peoples of Canada are recognised.


  • Assembly of First Nations – www.afn.ca/

  • Inherent Right to Self Government – www.ainc-inac.gc.ca/index-eng.asp

  • Treaties

  • Aboriginal Title – Delgamuukw v British Columbia

    [1997] 3 S.C.R. 1010



  • Residential Schools – www.afn.ca/residentialschools/index.html

  • www.aph.gov.au/library/Pubs/rp/1999-2000/2000rp27.htm

  • laws relating to Indigenous Peoples as a reflection of changing values and ethical standards 


  • the impact of state sovereignty in encouraging cooperation and resolving conflict in regard to Indigenous Peoples






USA: The Cherokee Cases



Johnson v McIntosh 21 US (8 Wheat.) 543 (1823)

Cherokee Nation v Georgia 30 US (5 Pet.) 1 (1831)

Worchester v Georgia 31 US (6 Pet.) 515 (1832)

New Zealand

Treaty of Waitangi – www.nzhistory.net.nz/category/tid/133

Waitangi Tribunal – www.waitangi-tribunal.govt.nz/

– fishing

language

Written response: Mind map the various responses to issues associated with Indigenous Peoples by the use of brainstorming. Each response should cite media, international instruments, cases, documents or legislation with a judgement about effectiveness backed up with a reason. Scaffold an extended response to evaluate the effectiveness of legal and non-legal measures in achieving justice for Indigenous Peoples.

These issues can be studied at the end or integrated throughout the unit especially with reference to the research task. Revisit the extended response and assess the role of these issues in achieving justice for Indigenous Peoples.




  • the role of law reform in recognising the rights of Indigenous Peoples



  • the effectiveness of legal and non-legal responses in achieving justice for Indigenous Peoples





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