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A Common Hunger: Land Rights in Canada and South Africa: Notes

A Common Hunger: Land Rights in Canada and South Africa
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table of contents
  1. Cover
  2. Half Title Page
  3. Title Page
  4. Copyright Page
  5. Dedication
  6. Contents
  7. Preface
  8. Maps
  9. List of Illustrations
  10. List of Maps & Acknowledgements
  11. ☉ INTRODUCTION
    1. Canada and South Africa
    2. Aboriginal Rights and International Law
    3. The Clearing of Lands and Languages
  12. Part One ☉ Dispossession
    1. [1] ☉ THE LAND AND THE PEOPLE
      1. The First Peoples of the Cape of Good Hope
      2. The First Peoples of North America
      3. Slavery in New France and the Cape Colony
      4. British North America
      5. The Cape under British Rule
      6. Frontier Societies
      7. Conclusion
    2. [2] ☉ LAND RIGHTS AND TREATIES
      1. Introduction
      2. Canadian Treaties
      3. Treaties in Colonial South Africa
      4. Discussion: Strategies of Land Alienation
      5. Conclusion
    3. [3] ☉ SOVEREIGNTY AND SEGREGATION
      1. Introduction
      2. Sovereignty and Constitutional Rights in Canada
      3. Assimilation in Twentieth-Century Canada
      4. Sovereignty in South Africa
      5. Pragmatic Segregation in South Africa
      6. Ideological Segregation: Apartheid South Africa
      7. The Struggle for Sovereignty in South Africa
      8. Challenging the Concept of Sovereignty in Canada
      9. Conclusion
  13. Part Two ☉ Reclaiming the Land
    1. [4] ☉ LITIGATION
      1. Introduction
      2. Aboriginal Rights Court Cases in Canada
      3. The Gitxsan and Wet’suwet’en of British Columbia
      4. Delgamuukw v. British Columbia: The Supreme Court Decision (1997)
      5. Aboriginal Litigation in South Africa
      6. The Richtersveld Case: Background
      7. The Richtersveld Community v. Alexkor Ltd. & the Government of the RSA (2000)
      8. Conclusion
    2. [5] ☉ NEGOTIATING RESTITUTION
      1. Introduction
      2. Reclaiming the Land in South Africa
      3. The Restitution Process in South Africa
      4. Challenges to Restitution in South Africa
      5. Case Study: The Mogopa Community, North West Province
      6. Rebuilding Communities
      7. The Conservation Factor
      8. The Case of Kosi Bay, Maputaland (KwaZulu-Natal)
      9. Negotiating Land Restitution in Canada
      10. The Lubicon Cree, Alberta
      11. The B.C. Treaty Commission
      12. Conclusion
    3. [6] ☉ SELF-GOVERNMENT
      1. Restoring Sovereignty
      2. Negotiating Self-Government in Canada
      3. The Sechelt Agreement
      4. The Inuit Peoples of the Northwest Territories
      5. The Nunavut Land Claim
      6. Reversing “Self Government” in the Former Bantustans
      7. Conclusion
  14. Part Three ☉ Dealing with Legacies
    1. [7] ☉ RESTORING DIGNITY
      1. The Hunger for Dignity
      2. Legacies of Dispossession in Canada
      3. Legacies of Dispossession in South Africa
      4. The Problem of “Invisibility”
      5. Land Matters: Restoring Dignity
      6. Conclusion
    2. [8] ☉ RECONCILIATION
      1. The Purpose of Public Inquiries
      2. Canada’s Royal Commission on Aboriginal Peoples (1991–96)
      3. Critiquing the RCAP Process
      4. South Africa’s Truth and Reconciliation Commission (1996–98)
      5. Critiquing the TRC
      6. Reparations
      7. Uncovering the Truth
      8. Conclusion
  15. ☉ CONCLUSION
    1. Why Land Rights Matter
    2. The Task of Nation-building in South Africa
    3. The Power of Stories (Canada)
  16. ☉ APPENDIX
  17. Notes
  18. Bibliography
  19. Index
  20. Africa: Missing Voices Series
  21. Back Cover

Notes

PREFACE

  1. 1The Republic of South Africa will be referred to hereafter as South Africa.
  2. 2International Defence and Aid Fund for Southern Africa (IDAF) was an anti-apartheid organization that raised funds for the legal defense of political prisoners in South Africa and humanitarian aid for their families. It was based in London, England, having been banned in South Africa by the apartheid government in 1966. IDAF, as it was known around the world, was disbanded in 1991 after the release of Nelson Mandela from prison and the unbanning of the African National Congress and other liberation movements.

INTRODUCTION

  1. 1South Africa’s total land mass is 1.23 million square kilometres and the province of Ontario covers an area of 1.08 square kilometres.
  2. 2Rodney Davenport and Christopher Saunders, South Africa: A Modern History, 5th ed. (London: Macmillan, 2000), 428.
  3. 3Before Confederation, Ontario and Quebec were known collectively as the Province of Canada. Under the terms of the British North America Act (1867) the parts of the Province of Canada formerly known as Upper Canada became Ontario and the parts formerly known as Lower Canada became Quebec.
  4. 4In 2004, the number of Canadians reporting aboriginal ancestry was just over one million, a figure that includes 720,740 Métis (people of Euro-Aboriginal descent) and 41,800 Inuit.
  5. 5The Afrikaans language evolved from the Dutch spoken by the first white settlers at the Cape consisting of immigrants from Holland, Germany and France. The process of creolization was also influenced by the languages spoken by slaves from Indonesia and Asia, Khoikhoi as well as people of mixed descent. While the language of officialdom remained Dutch, the new creolized form (known as “Cape Dutch”) developed into a separate language by the nineteenth century. See Christopher Saunders and Nicholas Southey, A Dictionary of South African History (Cape Town & Johannesburg: David Philip, 1998), 4.
  6. 6The eleven official languages of South Africa are: English, Afrikaans, Zulu, Xhosa, Swati, Ndebele, Southern Sotho, Sipedi, Tswana, Tsonga, and Venda. However, English is the lingua franca of most South Africans and is the official language most frequently used in the spheres of politics and business.
  7. 7Zebedee Nungaq, “Kicking the Tires of History,” in Nunavut News, Special Edition, 85 (1999): 20–21.
  8. 8Cited in Frederika Hackshaw, “Nineteenth Century Notions of Aboriginal Title and their Influence on the Interpretation of the Waitangi Treaty,” in I.H. Kawharu, ed., Waitangi: Māori and Pākehā Perspectives of the Treaty of Waitangi (Aukland, New Zealand: Oxford University Press, 1989), 97.
  9. 9Johnson v. McIntosh (1823), cited in Richard H. Bartlett, “Parallels in Aboriginal Land Policy in Canada and South Africa.” Canadian Native Law Review 4 (1988): 28.
  10. 10T. J. Lawrence, The Principles of International Law, 4th ed. (London: MacMillan, 1919), 151, quoted in Henry Reynolds, The Law of the Land (Ringwood, Victoria: Penguin Australia, 1987), 12.
  11. 11Johnson v. McIntosh (1823), cited in Hackshaw, “Nineteenth Century Notions of International Law” in Kawharu, ed., Waitangi, 98.
  12. 12Quoted in Victims or Victors? The Story of the Victorian Aborigines Advancement League (South Yarra, Victoria: Hyland House Publishing, 1985), 10.
  13. 13S. Bannister, Humane Policy: or Justice to the Aborigines of New Settlements… (London: 1830; reprint, 1968), vi.
  14. 14Noël Mostert, Frontiers: The Epic of South Africa’s Creation and the Tragedy of the Xhosa People (London: Pimlico, 1992), 35.
  15. 15Ibid., 107.
  16. 16There are about 850,000 San people living today in remote regions of the Kalahari Desert in South Africa, Botswana, Namibia, Angola, Zimbabwe and Zambia. See Peter Godwin, “Bushmen: Last Stand for Southern Africa’s First People,” National Geographic (February 2001): 94.
  17. 17Paul Olivier, “TRC to Probe San ‘Executions’: SADF under Spotlight.” Cape Argus, Cape Town, 13 September, 1997.
  18. 18Godwin, “Bushmen,” 112–16.
  19. 19Charles Van Onselen, The Seed is Mine: The Life of Kas Maine, A South African Sharecropper 1894–1985 (New York: Hill and Wang, 1996), 96.
  20. 20Hugh Brody, The Other Side of Eden: Hunters, Farmers and the Shaping of the World (Vancouver: Douglas & McIntyre, 2000), 215.
  21. 21Robert Bringhurst, A Story as Sharp as a Knife: The Classical Haida Myth Tellers and their World (Vancouver: Douglas & McInytre, 1999), 68.
  22. 22Carved from mature cedar trees, full size totem poles originally represented the story of a family or clan and were often part of the west coast potlatch ceremony. Mortuary poles, which were also removed from Haida Gwaii and displayed in museums, were carved and raised to honour a deceased elder or other highly respected member of the community.
  23. 23Diamond Jenness, “Canadian Indian Religion,” Anthropologica, First Series, 1 (1955): 8–14 cited in J.R. Miller, Shingwauk’s Vision: A History of Native Residential Schools (Toronto & Buffalo: University of Toronto Press, 1996), 31.
  24. 24Robert A. Williams, Jr., Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600–1800 (New York: Routledge, 1999), 83.
  25. 25Chief John Snow, These Mountains Are Our Sacred Places: The Story of the Stoney People (Toronto & Sarasota: Samuel Stevens, 1977), 5–6.
  26. 26Thomas R. Berger, Northern Frontier, Northern Homeland. Vol. 1. Report of the Mackenzie Valley Pipeline Inquiry (Ottawa: Minister of Supply & Services, 1977), 90.
  27. 27Brody, The Other Side of Eden, 215.
  28. 28See, for example, J.M. Miller, Shingwauk’s Vision.
  29. 29United Church of Canada Archives, Toronto. Sutherland Papers. B.C. Conference Archives, Vancouver School of Theology. Extracts from a letter regarding the Indian Homes at Port Simpson, B. C. written by Mrs. Elizabeth Shaw to Mrs. T. G. Williams and read to the Executive of the Women’s Missionary Society on 19 April 1899.
  30. 30Brian Maracle, Crazywater: Native Voices on Addiction and Recovery (Toronto: Viking, 1993), cited in Miller, Shingwauk’s Vision, 427.
  31. 31Stan McKay, “Calling Creation into Our Family” in Diane Engelstad and John Bird, eds, Nation to Nation: Aboriginal Sovereignty and the Future of Canada (Concord, ON: Anansi, 1992), 30.
  32. 32Brody, The Other Side of Eden, 168.
  33. 33One of the primary concerns for the Inuit in their negotiations for Nunavut and territorial sovereignty was the preservation of their language and way of life.
  34. 34Brody, The Other Side of Eden, 211–12.
  35. 35Gisday Wa and Delgam Uukw, The Spirit in the Land, Statements of the Gitksan and Wet’suwet’en Hereditary Chiefs in the Supreme Court of British Columbia, 1987–1990 (Gabriola, B.C.: Reflections, 1992), 97.

CHAPTER ONE: THE LAND AND THE PEOPLE

  1. 1Peter Slingsby, Rock Art of the Western Cape, Book One: The Seville Trail and Travelers’ Rest (Sandvlei, South Africa: The Fontmaker, 1999), 1.
  2. 2Bartolomeu de Novaes Dias (c.1450–1500) was the Commander of the first European ship to round the southern tip of Africa. He dropped anchor in Mossel Bay at the beginning of February 1488. Dias named the Cape Cabo de boa Esperance because “it promised the discovery of India so-longed for and for so many years sought after.” See Major R. Ravenhart, Before Van Riebeeck: Callers at South Africa from 1488 to 1652. Original documents translated from Dutch, Portuguese, German, French, Italian, Spanish and Danish (Cape Town: C. Struik, 1967), 2.
  3. 3Mostert, Frontiers, 35.
  4. 4By the turn of the twentieth century, the word “Kaffer” had become a pejorative term for African people used by white supremacist South Africans in the same way that “Nigger” came to be used in the United States.
  5. 5Ravenhart, Before Van Riebeeck, 99.
  6. 6Ibid., 180.
  7. 7Donald Moodie, The Record: Specimens of the Authentic Records of the Colony of the Cape of Good Hope Relative to the Aboriginal Tribes (Cape Town, Cape of Good Hope: A.S. Robertson; London: J. Richardson, 1841), 4.
  8. 8Richard Elphick and Hermann Giliomee, The Shaping of South African Society, 1652–1840 (Middletown, CT: Wesleyan University Press, 1989), 27.
  9. 9John Barrow, An Account of Travels into the Interior of Southern Africa in the Years 1797 and 1798 (London, 1801; 1806), 123, quoted in ibid., 30.
  10. 10Egbertus Bergh, Memoirs (Cape Town: 1802), cited in André Du Toit & Hermann Giliomee, Afrikaner Political Thought: Analysis and Documents, Volume One, 1780–1850 (Berkeley & Los Angeles: University of California Press, 1983), 205.
  11. 11Table Mountain, so-named because of its distinctive flat top, lies at the southern tip of Africa. Rising a sheer 1,066m from the coast, the mountain forms a dramatic backdrop to the city of Cape Town and its harbour.
  12. 12T.R.H. Davenport, “Some Reflections on the History of Land Tenure in South Africa, seen in the Light of Attempts by the State to Impose Political and Economic Control,” Acta Juridica (1985): 54.
  13. 13O.F. Mentzel, Description of the Cape of Good Hope, Part 1, 36, cited in T.R.H. Davenport and K.S. Hunt, eds., The Right to the Land: Documents on Southern African History (Cape Town: David Philip, 1974), 11.
  14. 14Olive Patricia Dickason, Canada’s First Nations: A History of Founding Nations from Earliest Times, 3rd ed. (Don Mills, ON: Oxford University Press, 2002), 5–6.
  15. 15Slaves in west coast societies were usually prisoners of war, but sometimes people lost status because of debt. A person could also be born into slavery, one of the few regions in North America where this happened. See ibid., 49.
  16. 16Grace Rajnovich, Reading Rock Art: Interpreting the Indian Rock Paintings of the Canadian Shield (Toronto: Natural Heritage / Natural History Inc., 1994), 9.
  17. 17Robert T. Boyd, “Demographic History, 1774–1874,” in Wayne Suttles, ed., Handbook of North American Indians, vol. 7: Northwest Coast (Washington: Smithsonian Institution, 1990), 135, cited in ibid., 63.
  18. 18Jay Miller, Tsimshian Culture: A Light Through the Ages (Lincoln and London: University of Nebraska Press, 1997), 12.
  19. 19Dickason, Canada’s First Nations, 3rd ed., 63.
  20. 20Henry P. Biggar, ed., The Voyages of Jacques Cartier, with Introduction by Ramsay Cook (Toronto: University of Toronto Press, 1993), 49.
  21. 21Robin Fisher, Contact and Conflict: Indian-European Relations in British Columbia, 1774–1890 (Vancouver: UBC Press, 1977), 3.
  22. 22Robert Surtees, The Original People (Toronto: Holt, Rinehart & Winston, 1971), ix.
  23. 23Dickason, Canada’s First Nations (Toronto: McClelland & Stewart, 1992), 95. (1st edition.)
  24. 24Sir Richard Whitbourne, A Discourse and Discovery of New-found-land, with many reasons to prove how worthy and beneficiall a Plantation may there be made, after a better manner than now is (London: Felix Kyngston, 1620), 2–4, cited in ibid., 96.
  25. 25Sir Richard Henry Bonnycastle, Newfoundland in 1842: A Sequel to The Canadas in 1841, vol. 2 (London: Henry Colburn, 1842), 252.
  26. 26It is believed that the term “panis” was derived from “Pawnee” since members of this tribe were frequently enslaved by other North American nations. See J.R. Miller, Skyscrapers Hide the Heavens: A History of Indian-White Relations in Canada, rev. ed. (Toronto: University of Toronto Press, 1991), 45.
  27. 27James C. Armstrong and Nigel A. Worden, “The Slaves, 1652–1834,” in Elphick and Giliomee, eds., The Shaping of South African Society, 109–10.
  28. 28Davenport and Saunders, South Africa: A Modern History, 5th ed., 25.
  29. 29Eric Williams, author of Capitalism and Slavery (1944) and Prime Minister of Trinidad and Tobago wrote: “Slavery was not born of racism, rather racism was a consequence of slavery,” cited in Robin W. Winks, ed., Slavery: A Comparative Perspective, Readings on Slavery from Ancient Times to the Present (New York: New York University Press, 1972).
  30. 30Elphick and Giliomee, eds., The Shaping of South African Society, 541.
  31. 31T.R.H. Davenport, South Africa: A Modern History, 3rd ed. (Toronto University of Toronto Press, 1987), 26–27.
  32. 32Kerry Ward and Nigel Worden, “Commemorating, Suppressing, and Invoking Cape Slavery,” in Sarah Nuttall and Carli Coetzee, eds., Negotiating the Past: The Making of Memory in South Africa (Cape Town: Oxford University Press, 1998), 202.
  33. 33Robin Blackburn, The Overthrow of Colonial Slavery, 1776–1848 (London: Verso, 1988), 78.
  34. 34Bridglal Pachai, Beneath the Clouds of the Promised Land: The Survival of Nova Scotia s Blacks, vol. 2: 1880–1989 (Halifax: The Black Educators Association of Nova Scotia, 1990), 32.
  35. 35It is not clear what proportion of the slaves emancipated under the Act were in the Cape of Good Hope. While slavery formally ended in the Cape on December 1, 1834, they were apprenticed to their owners for a further period of four years. In theory this transitional period was intended to prepare them for a useful existence as freed men, but in practice they continued to work as before. Freedom of movement and the right to demand wages did not come until 1838. See Armstrong and Worden, “The Slaves, 1652–1834,” in Elphick and Giliomee, eds., The Shaping of South African Society, 167.
  36. 36Cited in Dickason, Canada’s First Nations, 1st edition, 181.
  37. 37This correspondence is among the manuscripts of Bouquet and Haldiman Papers, No. 21. 634 at the British Museum, cited in Francis Parkman, The Conspiracy of Pontiac and the Indian War after the Conquest of Canada, vol. 2, 9th ed. (London: Musson Book Co. & Little, Brown & Company, 1886), 40.
  38. 38Cited in Richard H. Bartlett, Indian Reserves and Aboriginal Lands in Canada: A Homeland. (Saskatoon: University of Saskatchewan Native Law Centre, 1990), 10.
  39. 39The significance of the totemic symbols may well have reflected the clan or family affiliation, and may also have suggested the territorial or community ancestry of the signatory. However, they may have had a more personal significance and referred to the name or characteristics of the individual who adopted the symbol. See Greg Curnoe, Deeds/Nations (London, ON: Ontario Archaeological Society, Occasional Publications of the London Chapter, OAS, No. 4, 1996), xv.
  40. 40Moodie, ed. The Record, 34. Extract of a letter from the Landdrost and Heemraden of Swellendam to Governor Plettenburg, 25 October 1774.
  41. 41Report of the Select Committee on Aborigines (British Settlements), Vol. 16 (London: 1836) 2372. Evidence of Captain Andries Stockenstrom, 4 March 1836.
  42. 42D.N. Sprague, Canada and the Metis, 1869–1885 (Waterloo: Wilfrid Laurier University Press, 1985), 37.
  43. 43Dickason, Canada’s First Nations, 3rd ed. (Oxford University Press, 2002), 295.
  44. 44Davenport, South Africa, 3rd ed., 145.
  45. 45The Rehoboth Basters retained their identity through their constitutionally established Paternal Laws, which required them to marry within their own community. Intermarriage with Germans and other communities did take place, however. See Rudolph Britz, Hartmut Land & Cornelia Limpricht, A Concise History of the Rehoboth Basters until 1990 (Windhoek, Göttingen: Klaus Hess, 1999).

CHAPTER TWO: LAND RIGHTS AND TREATIES

  1. 1C. Buxton, ed., Memoirs of Sir Thomas Fowell Buxton (London, 1848), 360, cited in Reynolds, The Law of the Land, 8.
  2. 2Aborigines Protection Society, First Annual Report (London, 1838), 7, cited in ibid., 87.
  3. 3In response to Mi’kmaq attacks, Governor Edward Cornwallis (1713–1776) issued a proclamation commanding settlers to “annoy, distress, take or destroy the Savages commonly called Mic-macks, wherever they are found.” During this period both French and English colonial authorities paid bounties for scalps – no questions asked. See Dickason, Canada’s First Nations, 5th ed., 136.
  4. 4Journal of the Legislative Assembly of Nova Scotia, 1846, Appendix 24, 118, cited in Peter A. Cumming and Neil H. Mickenberg, eds., Native Rights in Canada, 2nd ed. (Toronto: The Indian-Eskimo Association of Canada in association with General Publishing Co., 1972).
  5. 5One hundred thousand United Empire Loyalists entered the Maritimes, Quebec and Rupert’s Land (the only British footholds in North America) after the American War of Independence.
  6. 6Report by M. H. Perley, Commissioner for Indian Affairs for New Brunswick, 3 April 1848, cited in Cumming and Mickenberg, eds., Native Rights in Canada, 102.
  7. 7Journal of the Legislative Assembly of Nova Scotia, 1845, p. 70, cited in ibid., 105.
  8. 8In 1871, the United States ceased making treaties with the Indians and the subsequent Indian Wars are infamous, the Battle of Big Horn (1876) and the Massacre at Wounded Knee (1890) being the best known.
  9. 9House of Commons, Dominion of Canada, Parliamentary Debates, 4th Session, 1871 at p. 341, cited in Cumming and Mickenberg, eds., Native Rights in Canada, 73.
  10. 10Chris Arnett, The Terror of the Coast: Land Alienation and Colonial War on Vancouver Island and the Gulf Islands, 1849–1863 (Vancouver: Talonbooks, 1999), 45.
  11. 11Ibid., 45.
  12. 12Alexander Morris, The Treaties of Canada with the Indians of Manitoba and the North-West Territories including the Negotiations on which they were Based (Toronto: Belfords, Clarke & Co., 1880; reprint, Saskatoon: Fifth House, 1991), 95–96.
  13. 13T.R.L. MacInnes, “A History of Indian Administration in Canada,” a paper presented at the Annual Meeting of the Canadian Political Science Association in Toronto, 24 May 1946.
  14. 14Moodie, The Record, 205, cited in Mostert, Frontiers, 135.
  15. 15Ibid., 62: Instructions for the Commandants of the Eastern Country, 5 December 1780.
  16. 16Report of the Select Committee, 836, i, 659. Testimony of Reverend Samuel Young, a Wesleyan missionary, cited in Davenport and Hunt, The Right to the Land, 13.
  17. 17Cited in Mostert, Frontiers, 375.
  18. 18Republic of South Africa. State Archives, Cape Town: Kreli Treaty, 1844. G.H. 19/5.
  19. 19William MacMillan, Bantu, Boer and Briton, rev. ed. (Oxford: Oxford University Press, 1963), 301.
  20. 20Thomas Baines, Journal of Residence in Africa, 1842–1853, Volume Two (Cape Town: The Van Riebeeck Society, 1964), 303.
  21. 21Aborigines’ Protection Society, “The Native Policy of the Dutch Boers in the Transvaal.” Memorandum to the Earl of Kimberley, Principal Secretary of State for the Colonies, 1881, 6.
  22. 22Transvaal Archives (Pretoria), Superintendent of Native Affairs (T.A., S.N. 31, S.R. 260/95, Penzhorn to S.N. 6.2. 1895), cited in Peter Delius, The Land Belongs to Us: The Pedi Polity, the Boers and the British in the Nineteenth-century Transvaal (Berkeley, Los Angeles: University of California Press, 1984), 135.
  23. 23This rule prevailed until it was challenged in court by the Reverend Tsewu in 1905. In this celebrated case, the Transvaal Supreme Court found that the law did permit Africans to register land in their own names. For details about the Tsewu case see Donald Denoon, A Grand Illusion: The Failure of Imperial Policy in the Transvaal Colony during the Period of Reconstruction 1900–1905 (London: Longman, 1973), 120.
  24. 24Aborigines’ Protection Society, “The Native Policy of the Dutch Boers,” 4.
  25. 25George McCall Theal, History of South Africa from 1873 to 1884: Twelve Eventful Years. Vol.10 (London: Allen & Unwin, 1919), 143–44.
  26. 26The myth of the “empty land,” that Bantu-speaking peoples arrived as immigrants on the lands north of the Vaal River at about the same time as the Europeans first settled in Table Bay, was finally exposed by historians in the 1970s. See Davenport, South Africa, 7.
  27. 27Historian Julian Cobbing questions the entire notion of the Mfecane and argues that the motor for the disruptions (where they occurred) are to be found within white colonial society and the need for labour to ensure its continued commercial success. See Saunders and Southey, A Dictionary of South African History, 112.
  28. 28Speech by Dr. Dönges at Burgersdorp on 26 July 1962 cited in Govan Mbeki, South Africa: The Peasants’ Revolt (London: International Defence and Aid Fund for Southern Africa, 1984), 16.
  29. 29Colonial Office. 879/14/164. Memorandum on the Zulu question. T. Shepstone, nd, 1878, cited in Delius, The Land Belongs to Us, 225.
  30. 30Cited in Cumming and Mickenberg, Native Rights in Canada, 174.
  31. 31Williams, Linking Arms Together, 5.
  32. 32See Sarah Carter, Lost Harvests: Prairie Indian Reserve Farmers and Government Policy (Montreal and Kingston: McGill-Queen’s University Press, 1990), 55.
  33. 33D.J. Hall, “Serene Atmosphere: Treaty One Revisited” in Samuel W. Corrigan and Joe Sawchuck, eds., The Recognition of Aboriginal Rights. Case Studies 1, 1996 (Brandon, MB: Bearpaw Publishing, 1996), 20.
  34. 34John L. Tobias, “Canada’s Subjugation of the Plains Cree, 1879–1885” Canadian Historical Review, 64, no. 4 (December 1983): 519–48.
  35. 35Report of the Select Committee. Testimony of Captain Robert Scott Aitcheson of the Cape Mounted Regiment, 31 July 1835, 2.
  36. 36Some cautious colonists obtained and appended a certificate to the treaty document, signed by a neighbouring chief, stating that the chief they were dealing with was entitled to dispose of the land in question. See J.A.I. Agar-Hamilton, The Native Policy of the Voortrekkers: An Essay on the History of the Interior of South Africa, 1836–1858 (Cape Town: Maskew Miller, 1928), 21.
  37. 37Delius, The Land Belongs to Us, xi.
  38. 38Cited in Davenport and Hunt, eds., The Right to the Land, 19.
  39. 39Ibid., 19 & 20.
  40. 40Agar-Hamilton, The Native Policy of the Voortrekkers, 21.
  41. 41The practice of forcing Africans to go down on their hands and knees when paying taxes which began in the 1890s continued until well into the twentieth century. See David Welsh, The Roots of Segregation: Native Policy in Natal (1894–1910) (Cape Town: Oxford University Press, 1971), 297 and Denoon, A Grand Illusion, 98.
  42. 42Cited in Bradford W. Morse, ed., Aboriginal Peoples and the Law: Indian, Métis and Inuit Rights in Canada (Ottawa: Carleton University Press, 1985), 331.
  43. 43Cited by Bruce H. Wildsmith, “Pre-Confederation Treaties,” in Morse, ed., Aboriginal Peoples and the Law, 126.
  44. 44See Bradford W. Morse, “The Resolution of Land Claims,” in Morse, ed., Aboriginal Peoples and the Law, 620.
  45. 45Ibid., 623.
  46. 46Re Paulette et al v. The Queen (1977), 2 R.S.C., 628, cited in Peter Cumming, “Canada’s North and Native Rights,” in Morse, ed., Aboriginal Peoples and the Law, 702.
  47. 47Wildsmith, “Pre-Confederation Treaties,” in ibid., 127.
  48. 48Cumming and Mickenberg, Native Rights in Canada, 275.

CHAPTER THREE: SOVEREIGNTY AND SEGREGATION

  1. 1H. B. Hawthorn, A Survey of the Contemporary Indians of Canada: Economic, Political, Educational Needs and Policies (Ottawa: Indian Affairs Branch, 1966–1967), vol. 1, 1967, 253.
  2. 22 J. Westlake, International Law (Cambridge: Cambridge University Press, 1904), 105–7, cited in Reynolds, The Law and the Land, 12.
  3. 3Richard H. Bartlett, “Reserve Lands,” in Morse, ed., Aboriginal Peoples and the Law, 469.
  4. 4Dickason, Canada’s First Nations, 1st ed., 286.
  5. 5Cited in John Leslie and Ron Maguire, “The Historical Development of the Indian Act,” 2nd ed. (Ottawa: Indian and Northern Affairs, Treaties and Historical Research Centre, 1979), 191.
  6. 6Bartlett, “Parallels in Aboriginal Land Policy in Canada and South Africa,” 34.
  7. 7Michael C. Coleman, Presbyterian Missionary Attitudes Towards American Indians, 1837–1893 (Jackson & London: University Press of Mississippi, 1985), 5–9.
  8. 8Donald B. Smith, Sacred Feathers: The Reverend Peter Jones (Kahkewaquonaby) and the Mississauga Indians (Toronto: University of Toronto Press, 1987), 241.
  9. 9Select Committee Report, 527. Testimony of Rev. John Beecham, 8 June 1836.
  10. 10Ibid., 529. Extract of a letter addressed to the Reverend John Beecham, by the Chippeway Indian Chief Kahkeaquonaby, otherwise known as Peter Jones; dated at Credit Mission, Upper Canada, 16 February, 1836.
  11. 11John MacLean, Canadian Savage Folk: The Natives of Canada (Toronto: Thomas Briggs, 1896), 547.
  12. 12Canada. Department of Indian Affairs Annual Report, 1920 (Ottawa: King’s Printer, 1920), 7.
  13. 13Eleanor Brass, I Walked in Two Worlds (Calgary: Glenbow Museum, 1987), 71.
  14. 14NAC. RG 10, Volume 6811, File 470-2-3, Pt. II, 7 March 1946. Letter from C. Wilmott Maddison, Vice President and Commentator of the Army, Navy and Air Force Veterans Association in Canada, Vancouver Unit Number 277 to J. Allison Glen, Minister of Indian Affairs Branch, Department of Mines and Resources.
  15. 15Willard W. Beatty, “The Goal of Indian Assimilation,” Canadian Journal of Economics and Political Science 12 (1946): 339.
  16. 16Canada. Parliament. House of Commons Debates. 15 May 1951, Vol. II, 3072.
  17. 17Canada. Parliament. House of Commons Debates, 21 June 1950, Vol. IV, 3965.
  18. 18Canada. Parliament. House of Commons Debates, 21 June 1950, Vol. II, 3976.
  19. 19Jean Chrétien, “Statement of the Government of Canada on Indian Policy,1969.” Presented to the First Session of the Twenty-eighth Parliament, by the Honourable Jean Chrétien, Minister of Indian Affairs and Northern Development, 5.
  20. 20Bruce Clark, Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-Government in Canada (Montreal and Kingston: McGill-Queen’s University Press, 1990), 199.
  21. 21By attaching a number of ingenious conditions to the franchise, 99 percent of voters in 1907 were white; only 6 Africans managed to avoid restrictions. See John Dugard, Human Rights and the South African Legal Order (Princeton, NJ: Princeton University Press, 1978), 18.
  22. 22Ibid.,19.
  23. 23André Odendaal, Vukani Bantu! The Beginnings of Black Protest Politics in South Africa to 1912 (Cape Town: David Philip, 1984), 37.
  24. 24Cited in Denoon, A Grand Illusion, 32.
  25. 25Cited in John Eddy and Deryck Schreuder, eds, The Rise of Colonial Nationalism: Australia, New Zealand, Canada and South Africa First Assert their Nationalities, 1880–1914 (Sydney: Allen & Unwin, 1988), 218.
  26. 26Cited in Mostert, Frontiers, 1275.
  27. 27Jordan K. Ngubane, An African Explains Apartheid (London: Pall Mall Press, 1963), 12.
  28. 28Mzala, Gatsha Buthelezi: Chief with a Double Agenda (London: Zed Books, 1988), 31.
  29. 29Cited in Davenport, South Africa, 134.
  30. 30Natal. Kaffir Commission Report, 1853, 47, cited in H. J. Simons, African Women: Their Legal Status in South Africa (London: C. Hurst, 1968), 22.
  31. 31Ibid., 21.
  32. 32Daryl M. Balia, Black Methodists and White Supremacy in South Africa (Durban: Madiba Publishers for the Institute of Black Research, University of Natal, 1991), 63.
  33. 33Blue Book on Native Affairs, Cape of Good Hope. Report of Chief Magistrate Fitz E.C. Bell, District of Kentani, 4 January 1893.
  34. 34Monica Wilson, “The Growth of Peasant Communities,” in Monica Wilson and Leonard Thompson, eds., The Oxford History of South Africa, volume 2, 1870–1966 (Oxford: University of Oxford Press, 1971), 65.
  35. 35Cited in Odendaal, Vukani Bantu!, 140.
  36. 36Union of South Africa. U.G. 2. 6/11: Stone to Colonial Secretary, Lord Glenelg, 29 July 1903, cited in Denoon, A Grand Illusion, 98.
  37. 37Union of South Africa. The Union Statutes, 1910–1947. Classified and Annotated. Reprint of vol. 3 (Cape Town: Government Printer, 1950), 531.
  38. 38Cited in John W. Cell, The Highest Form of White Supremacy: The Origins of Segregation in South Africa and the American South (Cambridge: Cambridge University Press, 1982), 225.
  39. 39Colin Bundy, The Rise and Fall of the South African Peasantry (London: Heinemann, 1979), 239.
  40. 40See Carter, Lost Harvests, 156.
  41. 41See Bundy, The Rise and Fall of the South African Peasantry, 210. Also see Native Labour in South Africa. Report of a Public Meeting Convened jointly by the Aborigines Protection Society and the British and Foreign Anti-Slavery Society held at Claxton Hall, Westminster, 29 April 1903. (Reprinted by the State Library, Pretoria, 1964.)
  42. 42Monica Wilson, “ The Growth of Peasant Communities,” in Wilson, Oxford History of South Africa, vol. 2, 55.
  43. 43Van Onselen, The Seed is Mine, 6.
  44. 44Timothy Keegan, introduction to Natives Land Act 1913: Specific Cases of Evictions and Hardships, etc. collected and compiled by R. W. Msimang (Cape Town: Friends of South African Library, 1996), vi.
  45. 45Sol T. Plaatje, Native Life in South Africa (Harlow, England: Longman, 1987), 265.
  46. 46Laurine Platzky and Cherryl Walker, The Surplus People: Forced Removals in South Africa (Johannesburg: Ravan Press for the Surplus People Project, 1985), 38.
  47. 47Allen Cook, Akin to Slavery: Prison Labour in South Africa (London: International Defence and Aid Fund for Southern Africa, 1982), 2.
  48. 48Philip Frankel, “The Politics of Passes: Control and Change in South Africa,” The Journal of Modern African Studies 17, no. 2 (June 1979): 201.
  49. 49G. Eloff, Rasse en Rassevermenging (Races and Race Mixing), cited in Leonard Thompson, The Political Mythology of Apartheid (New Haven, CT: Yale University Press, 1985), 41.
  50. 50Cited in Barbara Rogers, Divide and Rule: South Africa’s Bantustans (London: International Defence and Aid Fund for Southern Africa, 1980), 8.
  51. 51Cited in Brian Bunting, The Rise of the South African Reich (London: International Defence and Aid Fund for Southern Africa, 1984), 129.
  52. 52D. Hobart Houghton, The Tomlinson Commission: A Summary of the Findings and Recommendations in the Tomlinson Commission Report (Johannesburg: South African Institute of Race Relations, 1956), 3–4.
  53. 53Ibid., 14.
  54. 54Mbeki, South Africa: The Peasants’ Revolt, 16.
  55. 55Nelson Mandela, The Struggle is my Life: His speeches and writings brought together. (London: International Defence & Aid Fund for Southern Africa, 1978), 61–61.
  56. 56Cited in Cosmas Desmond, The Discarded People: An Account of African Resettlement in South Africa (Middlesex, England: Penguin, 1971), 33.
  57. 57Cited in Rogers, Divide and Rule, 17.
  58. 58Cell, The Highest Form of White Supremacy, 7. See also Jim Hoagland, South Africa: Civilizations in Conflict (Boston: Houghton Mifflin, 1972), xxii.
  59. 59See George M. Fredrickson, White Supremacy: A Comparative Study in American and South African History (New York & Oxford: Oxford University Press, 1981).
  60. 60Jack and Ray Simons, Class and Colour in South Africa 1850–1950 (London: International Defence and Aid Fund, 1983), 7.
  61. 61Odendaal, Vukani Bantu!, 63.
  62. 62Ibid., 6.
  63. 63Cited in ibid., 273.
  64. 64The Native Commissioner in Witzieshoek, Mr M. Smit, stopped pension payments to residents when he discovered that some of the money was being spent on paying a lawyer to fight the case of a suspended teacher. See RG 10, Vol. 8588, File 1/1-10-4, Pt. 1. Confidential Report of the High Commissioner for Canada, Pretoria, South Africa, 21 December 1950.
  65. 65Cited in Anthony Sampson, Mandela: The Authorized Autobiography (London, England: Harper Collins, 1999), 92.
  66. 66Nelson Mandela: The Struggle is my Life, 84.
  67. 67Proclamation R400 gave the Transkei police the right to detain persons without trial and extended a number of arbitrary powers to the chiefs.
  68. 68Rogers, Divide and Rule, 75.
  69. 69Mbeki, The Peasants’ Revolt, 137.
  70. 70Ibid., 22.
  71. 71The fact that the violent attacks by hostel dwellers were orchestrated by the apartheid state as part of the contest for power between Inkatha and the African National Congress was exposed in the Goldstone Commission Report (1992) and later in the hearings of the TRC. See, for example, Kadar Asmal, Louise Asmal and Ronald Saresh Roberts. Reconciliation Through Truth: A Reckoning of Apartheid s Criminal Governance (Cape Town: David Philip in association with Mayibuye Books, 1996), 109.
  72. 72Extract from President Nelson Rolihlahla Mandela’s address to the Constitutional Assembly after the members had voted their approval of the constitution on May 8, 1996. Cited in The Making of the Constitution: The Story of South Africa’s Constitutional Assembly, May 1994 to December 1996 (Cape Town: Published for the Constitutional Assembly by Churchill Murray Publications, March 1997), 6.
  73. 73Citizens Plus, Response of the Indian Association of Alberta to the Rt. Hon. P. E. Trudeau and the Government of Canada, 1970, 19–20.
  74. 74Peter H. Russell, Constitutional Odyssey: Can Canadians Become a Sovereign People? (Toronto: University of Toronto Press, 1992), 94.
  75. 75Thomas R. Berger, A Long and Terrible Shadow: White Values, Native Rights in the Americas 1492–1992 (Vancouver: Douglas & McIntyre; Seattle: University of Washington Press, 1991), 153.

CHAPTER FOUR: LITIGATION

  1. 1Calder v. Attorney General of British Columbia (1973) S.C.R. 313 at 156 cited in Dickason, Canada’s First Nations, 5th ed., 349.
  2. 2The Bear Island Decision, Ontario Reports, second series, 49, part 7, 17 May 1985: 353–490 cited in ibid., 333.
  3. 3Christopher McKee, Treaty Talks in British Columbia: Negotiating a Mutually Beneficial Future (Vancouver: UBC Press, 1996), 28. See also, Augie Fleras and Jean Leonard Elliott, The Nations Within : Aboriginal-State Relations in Canada, the United States and New Zealand (Toronto: Oxford University Press, 1992), 44–45.
  4. 4R v. Van Der Peet (1996) 2 S.C.R. 507, para 30 cited in Delgamuukw v. British Columbia (1997) 3 S.C.R. 1010, File 23799.
  5. 5Gisday Wa and Delgam Uukw, The Spirit in the Land, 11–12.
  6. 6Ibid., 66.
  7. 7The spelling of the name “Gitxsan” has replaced the former “Gitksan” and the name “Carrier” is no longer used by the Wet’suwet’en. See Don Monet and Skanu’u (Ardythe Wilson), Colonialism on Trial: Indigenous Land Rights and the Gitsxan and Wet’suwet’en Sovereignty Case (Philadelphia, PA and Gabriola Island, B.C.: New Society Publishers, 1992), 15.
  8. 8Kenny (Earl) Muldoe inherited the name of Delgam Uukw and all its duties from Albert Tait, who died before the trial began.
  9. 9In his remarks at the opening of the case in Smithers, Wet’suwet’en Chief Gisday Wa pointed out that the Smithers courthouse itself stood on the land of the Wet’suwet’en Chief Gyolughet, in Kyas Yux, also known as Chief Woos’ House. See Gisday Wa and Delgam Uukw, The Spirit in the land, 5.
  10. 10Ibid., 7–9.
  11. 11Delgamuukw v. British Columbia (1997) 3 S.C.R. 1010, File 23799.
  12. 12Gisday Wa and Delgam Uukw, The Spirit in the Land, 92.
  13. 13Ibid., 93.
  14. 14Stan Persky, com., Delgamuukw: The Supreme Court of Canada Decision on Aboriginal Title (Vancouver: Douglas & McIntyre; Greystone Books, David Suzuki Foundation, 1998), 49.
  15. 15Ibid., 12–13.
  16. 16Ibid., 19.
  17. 17Ibid., 16.
  18. 18Ibid., 13.
  19. 19Ministry of Forestry / Treaty Negotiations Office, Government of British Columbia. News Release, “Gitxsan Agreement is Economic Step Forward in Northwest,” 1 June 2003.
  20. 20See Surplus People Project, Land Claims in Namaqualand (Cape Town: Surplus People Project, 1995), 34.
  21. 21Cape Archives. Letter Book re Namaqualand. SBK 5/1/1, 154. Letter to the Hon. Colonial Secretary, Josias Rivers, Civil Commissioner, Springfontein, 28 April 1857.
  22. 22Report of Surveyor General Charles Bell on the Copper Fields of Little Namaqualand, 1855, cited in Surplus People Project, Land Claims in Namaqualand, 35.
  23. 23Surveyor S. Melville’s conclusions may have been influenced by a letter from the civil commissioner in Springbokfontein, J. T. Eustace who wrote to Melville in 1888. Referring to the fertility of the Orange River mouth, Eustace writes: “While in no sense advising that the Native population be forbidden use of the land they are justly entitled to, I think with increasing European and a decreasing Native population the sooner the boundaries of their larger location be defined the better.” SG 1/1/1/93, 16 May 1888 1/SBK Cited in Surplus People Project, Land Claims in Namaqualand, 36.
  24. 24U.G. Coloured Mission Stations, Reserves and Settlements. Inter-Departmental Inquiry, Section 1, 1945, 11.
  25. 25South African Archives (Central Archives Depot, Pretoria) TES 2607 File No. F10/217, cited in Surplus People Project, Land Claims in Namaqualand, 38.
  26. 26Peter Carstens, In the Company of Diamonds: De Beers, Kleinzee, and the Control of a Town (Athens, OH: Ohio University Press, 2001), 110.
  27. 27Section 2 of the Alexander Bay Development Corporation Act 46 of 1989 established Alexkor as a corporate body and provided for the transfer to it of all assets, liabilities, rights and obligations of the state in the State Alluvial Diggings which the Minister (of Economic Affairs) with the concurrence of the Minister of Finance may determine. See Land Claims Court, Case Number LCC 151/98. Summary of the Plaintiffs Submission, 57.
  28. 28The sixth plaintiff is listed as “The Adult Members of the Richtersveld Community.” It was agreed between the parties that the persons on the list are inhabitants of the Richtersveld Reserve. The list was up-dated to reflect the changes which occurred in the community since its original submission due to deaths, people moving in or out, or children growing up and becoming adult members of the community. See ibid., 3.
  29. 29The state-run mine Alexkor is supposed to pay 30 percent of its profits into the Alexkor Development Trust. But, according to the mine, it makes no profit and the fund is therefore dormant. See Paul Weinberg, Once We Were Hunters: A Journey with Africa s Indigenous People (Amsterdam: Mets and Schilt; Cape Town: David Philip, 2000), 68.
  30. 30Ibid., 68–69.
  31. 31During 1998–2000, Ms. Berzborn did extensive research (including anthropological fieldwork) on the social and economic structures and land use patterns prevalent in the Richtersveld. To facilitate her task, she learnt Nama and Afrikaans. She then lived with a family and moved about with them. See Land Claims Court. Case Number: LCC 151/98. Judgement of Gildenhuys, AJ, 22 March 2001, 9.
  32. 32Land Claims Court. Summary of Plaintiffs Submissions, Case LCC 151/98, 73.
  33. 33Ibid., 25.
  34. 34Ibid., 77.
  35. 35The plaintiffs claimed ownership of the subject land by virtue of the fact that the Common Law of the Cape colony when the Richtersveld was annexed in 1847 was Roman Dutch Law. Under Roman Dutch Law, the ownership of terra nullius can be acquired by occupatio. The land claimed by the Richtersveld community was terra nullius in the sense that nobody owned it, and thus they acquired ownership of the land by right of occupation. See Land Claims Court. LCC 151/98, 32.
  36. 36Calder v. Attorney-General of British Columbia (1-DLR (3d) 145 (SCC)98-199 and Guerin v. The Queen (1984) 13 DLR 321 (SCC) 336 cited in ibid., 38.
  37. 37Land Claims Court. LCC 151/98, 32.
  38. 38R v. Adams [1996] 3 S.C.R. cited in ibid., 47.
  39. 39Land Claims Court. LCC 151/98, 30.
  40. 40In his ruling, Lord Sumner stated that the plaintiffs in this case were “ incapable of arguing, and perhaps unconscious of possessing, any case at all… Some of the tribes are so low in the scale of social organization that their usages and conceptions of rights and duties are not to be reconciled with the institutions and laws of civilized society. Such a gulf cannot be bridged.” See In re Southern Rhodesia (1919) AC 211 (PC) cited in ibid., 39.
  41. 41Alexkor Ltd v. Richtersveld Community and Others, Constitutional Court – CCT 19/03.
  42. 42Rory Carrole, “South Africa: Tribe Wins Rights to Diamond-Rich Land,” The Guardian, London, 15 October 2003.
  43. 43Patrick Macklem, “First Nations Self-Government and the Borders of the Canadian Legal Imagination,” McGill Law Journal 36 (1991): 382.
  44. 44Brent Olthuis, “Defrosting Delgamuukw (or How to Reject a Frozen Rights Interpretation of Aboriginal Title in Canada),” National Journal of Constitutional Law/ Revue Nationale de Droit Constitutionnel 12 (2000–2001): 422–23.
  45. 45David W. Elliot, “Delgamuukw: Back to Court?” Manitoba Law Journal 26, no. 1 (2000): 131–32.
  46. 46Gurston Dacks, “British Columbia after the Delgamuukw Decision: Land Claims and other Processes,” Canadian Public Policy - Analyse de Politique 28, no. 2 (2002): 246.

CHAPTER FIVE: NEGOTIATING RESTITUTION

  1. 1Surplus People Project Annual Report, 2000 (Athlone, Cape Town: Surplus People Project, 2001), 1.
  2. 2Andries du Toit, “ The End of Restitution: Getting Real about Land Claims.” Paper prepared for the Land and Agrarian Reform Conference, Pretoria, 26–28 July 1999.
  3. 3Transvaal Agricultural Union v. Minister of Land Affairs and the Commission on Restitution of Land Rights (1996) Constitutional Court - CCT 21/96.
  4. 4Arthur Ndlovu, “Land Claim a Resounding Success.” Press Release issued by the Department of Housing and Land Administration, Mpumalanga Province, 3 February 2001.
  5. 5Chris McGreal, “White Farmers denounce ANC land grab : South Africa is accused of following Zimbabwe’s example after a farm is returned to its original owners.” The Guardian, 17 March 2001.
  6. 6Danielle Owen, “South Africa’s Gender-unfriendly land reform programme,” Woza Forum On-line, 23 March 2001.
  7. 7Catherine Cross and Michelle Friedman, “Women and tenure: marginality and the lefthand power” in Shamim Meer, ed., Women, Land and Authority: Perspectives from South Africa (Claremont, South Africa: David Philip, 1997), 17.
  8. 8Mariette Louw, “Farmers ‘must ask less for land,’” Beeld, 14 April 2003.
  9. 9The Black Sash was an organization of white women that conducted silent protests against the unjust laws of apartheid and assisted black South Africans in a variety of ways.
  10. 10African National Congress. Statement to the Truth and Reconciliation Commission, August 1996.
  11. 11Transvaal Rural Action Committee, 1985, 21, cited in Elaine Unterhalter, Forced Removal: The Division, Segregation and Control of South Africa (London: International Defence and Aid Fund, 1987), 118.
  12. 12Marlene Winberg and Paul Weinberg. Back to the Land (Johannesburg: The Porcupine Press, 1996), 45.
  13. 13Unterhalter, Forced Removals, 118.
  14. 14Winberg and Weinberg, Back to the Land, 42.
  15. 15Ibid., 44.
  16. 16Interview with Z. Hadebe by Cherryl Walker cited in Cherryl Walker, “The Cremin Land Claim: From Resistance to Reconstruction.” Paper presented at the conference “Ten Years of Democracy in Southern Africa” held at Queen’s University, Kingston, Ontario on 3 May 2004, 19.
  17. 17Rodney Davenport: personal communication, April 2000.
  18. 18Surplus People Project, Land Claims in Namaqualand, 106.
  19. 19Winberg and Weinberg, Back to the Land, 12–14.
  20. 20Ibid., 74.
  21. 21Ibid., 78.
  22. 22Donovan Kotze, “Organic Gold,” Mail & Guardian, Johannesburg, 27 May 2004.
  23. 23Thembela Kepe, “Land Restitution and Biodiversity Conservation in South Africa: An Analysis of Challenges and the Case of Mkambati, Eastern Cape Province,” Paper presented at the conference “Ten Years of Democracy in Southern Africa,” held at Queen’s University, Kingston, Ontario, 3 May 2004.
  24. 24Lubicon Lake Cree Nation, Band Prepared History, 1989, 11, cited in Rosemary Brown, “The Exploration of the Oil and Gas Frontier: Its Impact on Lubicon Cree Lake Women,” in Christine Miller and Patricia Chuchryk, eds., Women of the First Nations: Power, Wisdom and Strength, (Winnipeg: University of Manitoba Press, 1996), 153.
  25. 25John Goddard, Last Stand of the Lubicon Cree (Vancouver & Toronto: Douglas & McIntyre, 1991), 210.
  26. 26Ibid., 210.
  27. 27Ibid., 210.
  28. 28Ibid., 213.
  29. 29Paul Bucci, “Minister Backs Lubicon,” Edmonton Sun, 3 February 1993.
  30. 30Amnesty International, Canada, “Time is Wasting : Respect for the Land Rights of the Lubicon Cree Long Overdue.” (London, United Kingdom: International Secretariat, AI Index: AMR 20/001/2003, April 2003), 9.
  31. 31United Nations: Commission on Human Rights. Indigenous Issues. “Human Rights and Indigenous Issues: Report of the Special Rapporteur on the Situation of human rights and fundamental freedoms of Indigenous People, Rodolpho Stavenhagen.” Addendum: Mission to Canada. E/CN.4/2005/88/Add.3, 2 December 2004.

CHAPTER SIX: SELF-GOVERNMENT

  1. 1John Ibbitson, “First Native Bank a Canadian First,” The Gazette, Montreal, 10 December 1996.
  2. 2William I.C. Wuttunee, Ruffled Feathers: Indians in Canadian Society (Calgary: Bell Books, 1971), 111.
  3. 3J. Rick Ponting and Roger Gibbins, “Thorns in the Bed of Roses: A Socio-Political View of the Problems of Indian Government” in Leroy Little Bear, Menno Boldt and J. Anthony Long eds., Pathways to Self-Determination : Canadian Indians and the Canadian State (Toronto: University of Toronto Press, 1984), 125–34.
  4. 4See for example Native Women’s Association of Canada Newsletter, January 1992, 7.
  5. 5Frank Cassidy, ed. Aboriginal Self-Determination (Halifax: Institute of Research on Public Policy, 1991), cited in Stephen Brooks, Public Policy in Canada: An Introduction, 3rd ed., (Toronto: Oxford University Press, 1998), 213.
  6. 6See, for example, Brooks, Public Policy in Canada, 204. See also John Stackhouse, “Canada’s Apartheid,” a 14-part series of articles published in the Globe and Mail, November 3 to December 15, 2001.
  7. 7Douglas Sanders, “An Uncertain Path: The Aboriginal Constitutional Conferences,” in Joseph M. Weiler & Robin M. Elliot, eds. Litigating the Values of a Nation: The Canadian Charter of Rights and Freedoms (Toronto: 1986), 22–23, cited in Alan C. Cairns, Disruptions: Constitutional Struggles, from the Charter to Meech Lake (Toronto: McClelland & Stewart, 1991), 210.
  8. 8Canada. Indian Self-Government in Canada, Minutes and Proceedings of the Special Committee on Indian Self-Government, no. 40, 12 and 20 October 1983.
  9. 9Miller, Skyscrapers Hide the Heavens, 246.
  10. 10Cited in John P. Taylor and Gary Paget, “ Federal/Provincial Responsibility and the Sechelt (Draft).” Paper prepared for the National Conference on Federal and Provincial Governments and Aboriginal Peoples held at Carleton University, Ottawa, October 1988.
  11. 11David Crombie, “ Policy Statement on Indian Self-Government in Canada: Minister of Indian Affairs and Northern Development.” (Ottawa: Department of Indian Affairs and Northern Development, 1986).
  12. 12Taylor and Paget, “Federal/Provincial Responsibility and the Sechelt,” 1988.
  13. 13Print-making, while it capitalized on traditional skills, was only developed after European contact and paper became available.
  14. 14Inuit Tapirisat of Canada, The Inuit of Canada, 5.
  15. 15There were also over-lapping claims from other non-Inuit groups, such as the Chipenyan nation, which had to be considered.
  16. 16Nungaq, “Kicking the Tires of History,” 32.
  17. 17Nunavut. Nunavut Implementation Commission: A Comprehensive Report from the Nunavut Implementation Commission to the Department of Indian Affairs and Northern Development, Government of the Northwest Territories and Nunavut Tunngavik Incorporated concerning the establishment of the Nunavut government, 1995, 2.
  18. 18Nunavut. Annual Report of the Nunavut Tunngavik Incorporated, 1993.
  19. 19Nunavut Implementation Commission: A Comprehensive Report, 1995, 6.
  20. 20Ibid., 67.
  21. 21Rosalie Kingwill, “Land Issues Scoping Study: Communal Land Tenure Areas.” Paper prepared for the Department for International Development (RFID) Southern Africa, November 2003.
  22. 22M. Mamdani, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism (Princeton, NJ: Princeton University Press, 1996), 23, cited in Lungisile Ntsebeza, “Traditional Authorities, Local Government, and Land Rights,” Paper presented at the Land and Agrarian Reform Conference held in Pretoria, 26–28 July 1999, 3.
  23. 23Ibid., 4.
  24. 24Ibid.,14.
  25. 25Sipho Sibanda, “Proposals for the Management of Land Rights in Rural South Africa.” Paper presented at the Land and Agrarian Reform Conference held in Pretoria, 26–28 July 1999, 1.
  26. 26Drew Forrest, “Uproar over Land Bill,” Mail & Guardian, Johannesburg, 23 November 2001.
  27. 27Thoko Didiza, Speech on Communal Land Rights Bill, 12 February 2004.

CHAPTER SEVEN: RESTORING DIGNITY

  1. 1Mathatha Tsedu, untitled article prepared for a seminar attended by academics, journalists, artists and writers on the social engagement of African intellectuals, held on the island of Gorée off the coast of Senegal, 20 December 1998.
  2. 2Assembly of First Nations. Speech by Chief Matthew Coon Come in Fort McMurray, 26 October 2000, 2.
  3. 3United Nations. Commission on Human Rights. “Human Rights and Indigenous Issues: Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, Rodolfo Stavenhagen.” Addendum: Mission to Canada, E/CN.4/2005/88/Add.3, 2 December 2005.
  4. 4From 1980–1985 the infant mortality rate among First Nations was 19.6 per 1,000 births. During the same period, the rate for non-natives was 7.9 per 1,000 births. See Geoffrey York, The Dispossessed: Life and Death in Native Canada (London: Vintage, 1990), 75.
  5. 5John R. Williams, “Ethics and Human Rights in South African Medicine,” Canadian Medical Association Journal 162, no. 8 (18 April 2000): 1169.
  6. 6Cited in Canada. Royal Commission on Aboriginal Peoples, vol. 3 (Ottawa: Minister of Supply and Services Canada, 1996), 17.
  7. 7Will Horter, “UN Report confirms Exploitation of First Nations,” Peace, Earth and Justice News, Victoria, B.C., 13 April 2005.
  8. 8See Geoffrey York, The Dispossessed: Life and Death in Native Canada (London: Vintage, 1990), 76.
  9. 9George Erasmus, “Twenty Years of Disappointed Hopes,” in Boyce Richardson, ed., Drumbeat: Anger and Renewal in Indian Country (Toronto: Summerhill Press, The Assembly of First Nations, 1989), 1–2.
  10. 10“Harry Oppenheimer Obituary,” The Economist, 26 August 2000, 76.
  11. 11John Pilger, article in Mail and Guardian, Johannesburg, 21 April 1998.
  12. 12South African Institute of Race Relations, Survey of Race Relations in South Africa, Johannesburg, 1983, cited in Roger Omond, The Apartheid Handbook: A Guide to South Africa’s Everyday Racial Policies (Harmondsworth, England: Penguin, 1986), 80.
  13. 13South Africa. House of Assembly Debates, 21 February 1985, col. 218 cited in ibid., 81.
  14. 14Laurel Baldwin-Ragaven, Jeanelle de Gruchy and Leslie London, An Ambulance of the Wrong Colour: Health Professionals, Human Rights and Ethics in South Africa (Cape Town: University of Cape Town Press, 1999), 3.
  15. 15Robert Carty, “Whose Hand on the Tap?” CBC Radio, February 2003.
  16. 16Nicol Degli Innocenti, “South Africa proceeds with Launch of Free Aids Drugs,” Financial Times, 20 November 2003.
  17. 17Anna Strebel. “Women and Aids: Women are more Vulnerable,” Sash 36, no. 3 (January 1994): 38.
  18. 18The construction of the hostels, and the regulations governing such accommodation, were provided for under the Natives (Urban Areas) Act 21 of 1923. In the 1960s, 166 dormitories (hostels) were built every year, housing 2,652 African men per hostel. In 1965–66, a total of 61,620 persons (listed by tribal affiliation) were accommodated in single-sex hostels for migrant workers in urban locations across the country. See Republic of South Africa. Bantu Resettlement Board Annual Report, 1964–65, 76.
  19. 19Neville Alexander, who spent ten years as a prisoner on Robben Island (1964–1974), confirmed the importance of imagination in coping with space constraints: “One creates imaginary boundaries around oneself. Body language is an important part of the strategies used. Just turning one’s shoulders slightly establishes private conversation space.” See Mamphele Ramphele, A Bed Called Home: Life in the Migrant Labour Hostels of Cape Town (Cape Town: David Philip, 1993), 23.
  20. 20Ibid., 134.
  21. 21Ibid.,116.
  22. 22Peter Carstens, The Queen’s People: A Study of Hegemony, Coercion, and Accommodation among the Okanagan of Canada (Toronto: University of Toronto Press, 1991), 287–88.
  23. 23Maria Campbell, Half-Breed (Halifax, NS: Goodread Biographies, 1973), 159.
  24. 24Peter Carstens, “An Essay on Suicide and Disease in Canadian Indian Reserves: Bringing Durkheim Back in,” The Canadian Journal of Native Studies 20, no. 2 (2000): 327.
  25. 25S. Steele, The Content of our Character: A New Vision of Race in America (New York: St. Martin’s Press, 1990), cited in Ramphele, A Bed Called Home, 117.
  26. 26Maura Andrews, Charlie Shackleton and Andrew Ainslie, “Land Use and Rural Livelihoods: Have They Been Enhanced through Land Reform?” Policy Brief: Debating Land Reform and Rural Development, Programme for Land and Agrarian Studies, School of Government, University of the Western Cape, No. 5, August 2003.
  27. 27David Mayson, “Joint Ventures,” Policy Brief: Debating Land Reform and Rural Development, Programme for Land and Agrarian Studies (PLAAS), School of Government, University of the Western Cape, No. 8, February 2004.
  28. 28United Nations. Human Rights Commission. “Human Rights and Indigenous Issues,” 7.
  29. 29Alan C. Cairns, Citizens Plus: Aboriginal Peoples and the Canadian State (Vancouver: UBC Press, 2000), 45.
  30. 30George Soros, Chairman’s Statement, “Building Open Societies.” Soros Foundations Report, 1995, 16.

CHAPTER EIGHT: RECONCILIATION

  1. 1RCAP. People to People, Nation to Nation: Highlights from the Report of the Royal Commission on Aboriginal Peoples (Ottawa: Minister of Supply and Services, 1996), 1.
  2. 2Examples of previous inquiries are: the Royal Commission on the Settlement of Indian Reserves in the Province of British Columbia (1916); Royal Commission on the Condition of Half-Breeds in Alberta (1934); Mackenzie Valley Pipeline Inquiry (1974–1977); and the Special Parliamentary Committee on Indian Self-government (1983).
  3. 3Determined to protect their ancestral land from being taken over for the extension of a golf course by the municipality of Oka, the Mohawk of Kanesetake confronted first the Quebec police and then the Canadian Armed Forces. When the neighbouring reserve of Kahnawake built barricades across the Mercier Bridge (obstructing commuter traffic to and from Montreal) in solidarity with the people of Kanesetake, news coverage showed angry “white” Canadians stoning the cars of Mohawk residents (many of them elderly and ill) leaving the reserve under police escort. See Dickason, Canada’s First Nations, 3rd ed., 329.
  4. 4Royal Commission on Aboriginal Peoples. People to People, Nation to Nation: Highlights from the Royal Commission on Aboriginal Affairs (Ottawa: Minister of Supply & Services, 1997), 126.
  5. 5RG 33, File 3038-2, RCAP Public Hearings, Winnipeg, Manitoba, 22 April 1992 (Ottawa: Libraxus Inc. CD-ROM, 1997).
  6. 6RG 33, File 3014-2, RCAP Hearings, Kingsclear, N.B., 19 May 1992 (Ottawa: Libraxus Inc. CD-ROM, 1997).
  7. 7RCAP. People to People, 147.
  8. 8RG 33, File 3090-2, RCAP Hearings, Sudbury, Ontario, 31 May 1993 (Ottawa: Libraxus Inc. CD-ROM, 1997).
  9. 9RG 33, File 3031-2, RCAP Hearings, Teslin, Yukon, 26 May 1992 (Ottawa: Libraxus Inc. CD-ROM, 1997).
  10. 10United Nations. Commission on Human Rights. “Human Rights and Indigenous Issues,” 6.
  11. 11RCAP. People to People, 116.
  12. 12Roland Chrisjohn and Sherri L.Young with Michael Maraun, The Circle Game: Shadows and Substance in the Indian Residential School Experience in Canada (Penticton, B.C.: Theytus Books, 1997), 110.
  13. 13For detailed descriptions of the situation in South Africa on the eve of the 1994 elections see, for example, George Bizos, No One to Blame? In Pursuit of Justice in South Africa (Cape Town: David Philip Publishers & Bellville: Mayibuye Books, University of the Western Cape, 1998), 231. Also, Allister Sparks, Tomorrow is Another Country: The Inside Story of South Africa s Negotiated Revolution (Sandton: Struik Book Distributors, 1994), 187.
  14. 14Research Institute on Christianity in South Africa, Faith Communities and Apartheid. A Report prepared for the Truth and Reconciliation Commission, cited in James Cochrane, John de Gruchy and Stephen Martin, eds., Facing the Truth: South African Faith Communities and the Truth and Reconciliation Commission (Cape Town: David Philip; Athens, OH: Ohio University Press, 1999), 67.
  15. 15Antjie Krog, Country of my Skull (Johannesburg: Random House, 1998), Publisher s Note, vii.
  16. 16Elizabeth Kiss, “National Reconciliation: Is Truth Enough?” The Economist, August/ September 2000, 72.
  17. 17Among these were the sisters of Ashley Kriel when his killer, the notorious police torturer Jeffrey Benzien was granted amnesty for his death. See Orr, From Biko to Basson (Saxonwold, South Africa: Contra, 2000), 123.
  18. 18Ibid.,123.
  19. 19Alex Boraine, Janet Levy and Ronel Scheffer, eds., Dealing with the Past: Truth and Reconciliation in South Africa, 2nd ed. (Cape Town: Institute for Democracy in South Africa, 1997), xii.
  20. 20Transforming Society through Reconciliation: Myth or Reality? Proceedings of a public discussion on the Truth and Reconciliation Commission held at the University of Cape Town, 12 March 1998, 12–13.
  21. 21Antjie Krog, Country of my Skull, 278–79.
  22. 22Transforming Society through Reconciliation, public discussion, 14–15.
  23. 23Editorial, The Argus, Cape Town, 12 August 1999.
  24. 24Emsie Ferreira, “Government Spits in Face of Apartheid Victims,” Mail and Guardian, Johannesburg, 28 April 2000.
  25. 25Alex Boraine et al., Dealing with the Past, 122–23.
  26. 26Breytenbach, Appendix 1 in ibid., 161.
  27. 27F. W de Klerk, The Last Trek – A New Beginning: The Autobiography (New York: St. Martin’s Press, 1999), 382.
  28. 28Ibid., 381.
  29. 29Verne Harris, “ ‘They Should Have Destroyed More’: The Destruction of Public Records by the South African State in the Final Years of Apartheid, 1990–1994.” Paper presented to the Conference “TRC: Commissioning the Past,” held at the University of the Witwatersrand, Johannesburg, 11–14 June 1999, 14.
  30. 30South Africa. Truth and Reconciliation Commission Report, vol. 5, 345 cited in ibid., 14.
  31. 31Boraine et al., Dealing with the Past, 29.
  32. 32Ibid., 23–24.
  33. 33DIAND. Statement by Bob Watts, Assistant Deputy Minister, Lands and Trusts Services, Department of Indian and Northern Affairs Canada, to the United Nations Working Group on Indigenous Populations, 16th session, Geneva, 28 July 1998.
  34. 34Laura Landen, “Legacy of Racism,” The Ottawa Citizen, 9 September 2000, B3.
  35. 35Ibid.
  36. 36Cited in Boyce Richardson, People of Terra Nullius: Betrayal and Rebirth in Aboriginal Canada (Vancouver: Douglas & McIntyre, 1993), 102.
  37. 37Don Posterski, “A Conversation with Elijah Harper,” Envision (World Vision Canada) (Spring 2000): 10–11.
  38. 38Paul Tennant, “Aboriginal Rights and the Penner Report on Indian Self-Government,” in Menno Boldt and Anthony J. Long, eds. The Quest for Justice: Aboriginal Peoples and Aboriginal Rights (Toronto: University of Toronto Press, 1985), 327–28.
  39. 39Boraine et al., Dealing with the Past, 67–68.
  40. 40Ibid., 128.
  41. 41Aboriginal Rights Coalition. Brief to the United Nations Committee on Human Rights by the Aboriginal Rights Coalition, 26 March 1999.
  42. 42Boraine et al., Dealing with the Past, 9.
  43. 43Mosala, “The Meaning of Reconciliation: Black Perspective,” Journal of Theology for Southern Africa 59 (June 1987): 19–25, cited in Cochrane et al., Facing the Truth, 103.
  44. 44RG 33, File 3017-2. RCAP Hearings, Charlottetown, 5 May 1992. Testimony of John Joe Sark, Mi kmaq Grand Council (Ottawa: Libraxus Inc., CD-ROM, 1997).

CONCLUSION

  1. 1Quoted in Winberg and Weinberg, Back to the Land, Back Cover.
  2. 2Land Charter: Final List of Demands Adopted at the Community Land Conference (Unedited). A document compiled from demands that were agreed to by 135 communities at the Community Land Conference on 12 February 1994 in the Bloemfontein City Hall, South Africa.
  3. 3Nelson Mandela, “We are Committed to Building a Single Nation in our Country.” Speech at rally in Durban, 25 February 1990 in Greg McCartan, Nelson Mandela: Speeches 1990 (New York: Pathfinder Press, 1990), 34.
  4. 4John Battersby, “Mandela, back in the Maelstrom,” The Christian Science Monitor, 28 March 2002.
  5. 5Cited in Adrian Hadland and Jovial Rantao, The Life and Times of Thabo Mbeki (Rivonia, South Africa: Zebra Press, 1999), 153–58.
  6. 6In 1995 an Afrikaans-speaking performer wrote a one-woman show in which Krotoä is referred to as onse ma (our mother). See Carli Coetzee, “Krotoä Remembered: a Mother of Unity, a Mother of Sorrow,” in Nuttall and Coetzee, eds., Negotiating the Past, 112–19.
  7. 7Feature article, “Museum Offers Chilling Trip into Belly of Apartheid,” Business Day, Johannesburg, 6 December 2001.
  8. 8Cairns, Citizens Plus, 86.
  9. 9RCAP. People to People, 126.
  10. 10Ovide Mercredi was speaking at an Indigenous Peoples’ Conference “Strengthening the Spirit: Beyond 500 Years” held in Ottawa in November 1991.

APPENDIX: AUSTRALIA AND NEW ZEALAND

  1. 1Reynolds, The Law of the Land, 8.
  2. 2Clive Turnbull, Black War: The Extermination of the Tasmanian Aborigines (Melbourne and London: F.W. Cheshire, 1948), 8.
  3. 3Mabo and Others v. Queensland (No. 2) (1992) 175 C.L.R. 1FC 92/014.
  4. 4Jacqui Katona, “Hylus Marcus Memorial Lecture,” delivered in Melbourne, Australia, 1999, 9. Author’s note: Katona, a Mirrar woman born in New South Wales, worked on Australia’s Royal Commission into Aboriginal Deaths in Custody and as a “stolen generation” researcher before taking on the work of communicating the Mirrar story to the international community.
  5. 5The Human Rights and Equal Opportunities Commission of Inquiry report, “Bringing them Home: Report of a National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families” was published in 2000.
  6. 6Senator John Herron, Australia’s Aboriginal Affairs minister, raised a public outcry by questioning the accuracy of the term “stolen generations” (and thus the legitimacy of the project) in his report to a Senate Committee. See Tony Wright and Kerry Taylor. “Fury over ‘stolen’ denial” The Age, Melbourne, Australia, 3 April 2000, 14.
  7. 7Michael Gordon, “Another blow to process of healing,” The Age, Melbourne, Australia, 3 April 2000, 9.
  8. 8Apart from incidents involving shooting, kidnapping and thefts, Cook acted at most times with restraint and common sense during his three visits to New Zealand (which he apparently failed to do in Hawaii where he met his death in 1779). See Michael King, One Thousand Years of Maori History: Nga iwi o te motu (Aukland: Reed Books, 1997), 25.
  9. 9As Michael King explains it, paradoxically there were no Maori in New Zealand before there were Europeans. New Zealand Polynesians did not begin to use this name for themselves until 1840. “Maori” means “normal” or “usual;” as in “tangata Maori,” an ordinary man. There was no need to distinguish such ordinary people from others until the land was shared by others. See ibid., 10.
  10. 10Cited in R. J. Walker, “The Treaty of Waitangi as the Focus of Māori Protest,” in Kawhuru, ed., Waitangi, 266.
  11. 11Ibid., 269.
  12. 12Ibid., 272.
  13. 13Allan Ward, A Show of Justice: Racial ‘Amalgamation’ in Nineteenth Century New Zealand (Canberra: Australian National University Press, 1974), 308–9.
  14. 14Ibid., 310.
  15. 15Ibid., 312–14.

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