Teddy Harrison and Marissa S. Williams Ethics of Indigenous Rights

The Ethics of Indigenous Rights

Introduction

• Indigenous peoples possess distinct rights based on prior claims to land and governance.

• Settler states face the challenge of justifying their authority over indigenous populations.

• Ethical justification is needed for both policy content and the policy-making process itself.

• The authors, Teddy Harrison and Melissa S. Williams, focus on critiquing state policy rather than speaking for indigenous peoples.

Self-Determination

• A response to indigenous challenges is the right to self-determination, affirmed by the United Nations Declaration on the Rights of Indigenous Peoples.

• This encompasses indigenous autonomy in regulating their own affairs without interference from the state.

• Even with a satisfactory level of self-determination, challenges in state policy remain.

The Interdependence of Indigenous and Non-Indigenous Communities

• Indigenous and non-indigenous lives are intertwined in Canada, making joint decision-making essential.

• Key questions include which choices must be made collaboratively and how these decisions are to be made.

Review of Past Policy

Ideal-Type Normative Orientations

• Eliminationism: Indigenous peoples are made to cease existing as distinct groups (e.g., through policies like assimilation and cultural genocide).

• Paternalism: Policies are implemented for indigenous peoples' well-being without considering their autonomy, leading to adverse outcomes (e.g., residential schools).

• Responsibilisation: The transfer of responsibility for indigenous issues from the federal government to lower levels (e.g., provinces, indigenous communities) often without adequate support.

• Legalism: Policies determined by narrow legal reasoning rather than broader ethical considerations, limiting the scope of indigenous claims.

• Reconciliation: A contested term often overshadowed by state interests rather than genuinely addressing indigenous claims.

Ethical Framework of Dual Respect

The Need for Mutual Respect

• The authors propose a framework emphasizing mutual respect between settlers and indigenous peoples as a way forward.

• Respect includes recognizing indigenous peoples' status as free and equal under law as well as acknowledging their unique identities and rights.

Distinct Forms of Respect

• Citizen Respect: Holds all citizens, including indigenous peoples, to a standard of free and equal treatment under the law.

• Indigenous Respect: Recognizes the unique rights and identities of indigenous peoples and the necessity of their cultures.

The Three Normative Spaces

1. Indigenous Canoe: A space governed by indigenous norms and commitments.

   • The state should limit its involvement here to supporting indigenous jurisdiction and not infringing upon it.

2. Second Space (Citizen Space): Governed by norms within Canadian democratic institutions with respect for all citizens as equals.

3. Third Space (River of Interaction): Where indigenous and non-indigenous Canadians must negotiate and establish mutual respect and understanding.

   • This space is critical for reconciling indigenous self-determination with state governance.

Conclusion

• The proposed ethical framework aims to help policymakers understand past errors and create ethically sound policies moving forward.

• Future policies must engage in meaningful cross-cultural dialogues to address the needs and rights of indigenous peoples effectively.