Tuesday 2 February 2016

Royal Proclamation and Covenant of Reconciliation

Royal Proclamation and Covenant of Reconciliation
Aboriginals have endured years of suffering and isolation introduced since the first European set foot on Canadian soil. The coexistence of Aboriginals prior to colonization was harmonious. They had properly functional rules and regulations. In addition, the Aboriginals had effective traditional systems of governance that ensured their prosperity for thousands of years. It is interesting to note that Europeans scrapped the aboriginal traditions. Today, Canadian constitution is a clear demonstration of cultural genocide. In fact, a lack of inclusivism of Aboriginals in the modern system of governance has triggered dissatisfaction among the marginalized parties. Over the years, concerns have mounted for the need to review the constitution and the relations between the Aboriginals and non-Aboriginal Canadians.
While the planet is rapidly advancing towards ensuring equality and settlement of colonial injustices, Canada is lagging behind. As a result, there is a constant threat of a collapse in governance if the crown does not heed to calls in time. Besides, the protests and dissatisfactions consume a lot of energy that would otherwise be utilized in improving the economic performance and the overall political stability. History has shown that shelving injustices for future consideration complicate the efforts. In the long run, it becomes harder to source for a concrete solution that unifies the nation.  As such, the Canadian government has a responsibility to initiate reconciliatory measures to heal the colonial wounds (Dorrell, 2009). Ushering in a new era of economic development is only attainable if TRC recommendation, especially those touching on royal proclamation and covenant of reconciliation is implemented.
Aboriginals form a significant part of the national population. It implies that Aboriginals have a significant role to play to ensure prosperity and to uphold a Canadian culture of Pride in nationhood. Aboriginals are rich in cultural values that encourage morality and ethical practices. Discarding such traditions hurts the future generations besides threatening the Canadian core pillars. Indigenous tribesmen are fully aware of their identity. It is the reason why they have demonstrated resiliency in the face of adversity and also during the dark colonial era. Most ancestors of modern Aboriginals lost lives trying to defend their hereditary values. As colonial government denied the natives their rights to land and freedom of movement, the Aboriginals displayed a sense of unity among themselves. Their tightly-knit political structure is still evident today; though the western civilization is quickly eroding the traditions (Henderson & Wakeham, 2009).
Articulation of the TRC Recommendation
TRC conducted an extensive research on the importance of establishing a working relationship between the Canadian government the Aboriginal leadership. The TRC commissioners interviewed a representative section of Aboriginal and government officials. The survey was intended to shed light on the concerns of the native populations and the ways that the government can address them.  The research was necessitated by the frequent court battles and the limited representation of the minorities in the organs of government.
The UN’s resolution on the rights of aboriginal people has been passed. However, Canada, United States, Australia, and other states inhabited by Aboriginals have failed to fully implement the declaration due to the existing legal loopholes and the dominance of whites in legislative arms.  The passage of UN resolutions was triggered by genocide and holocaustic motivations to exterminate Jews by Nazi Germany. As such, it prompted the need for an establishment of a Jewish state in order to protect the endangered community from intervention by external forces. In the United States, marginalization of native tribes diminished their existence. Today, there is a handful of Natives still committed to conserving their culture and traditions. Canada heads in a similar direction if the necessary precautions are not taken. Already, the government infrastructure and social amenities are scanty in the regions mostly inhabited by the Aboriginals.
Canada is a free and democratic country. Equality among citizens and justice for all are some of the values embraced in the country’s governance. However, sidelining the rights of Aboriginals is a direct conflict to such values. It is surprising that tera nulitus and Doctrine of Discovery are still used to justify the European colonial activities. Such doctrines ought to have been scrapped off during the era civil rights movements. The government of Canada should condemn injustices committed during the British invasion of North America (Egan, 2013). While it will take years to fully implement reconciliatory measures, a repudiation of concepts justifying atrocities committed by Europeans will set a good  precedence.
Currently, there is a poor relationship between the leaders of aboriginal communities and the government authorities. The poor relations are propelled by misunderstanding and clash of agendas and priorities between the two parties. In addition, the government shrugs off the needs of native communities hence slowing the efforts of reconciliation. Not all is lost, however, as the Canadian government has a chance of renewing treaties. Recognition of traditions and a show of respect to Aboriginals will be reciprocated through submission to government authority. The move will diffuse tensions that exist between the two parties. Moreover, there is a mutual benefit if the relations are maintained in the long run. For instance in South Africa, the Apartheid regime experienced strong resistance from the international community and human rights activist groups. It experienced economic stagnation as a result of sanctions, but when a majority rule and reconciliation with the black community was made effective, the country resumed its growth trajectory. Today, South Africa is one of BRICK states experiencing rapid economic growth.
The benefits derived from reconciliation cannot be understated. Undermining the minority groups limits establishment of partnership for nation-building. If the traditional laws are recognized and integrated as part of the country’s constitution, absorption of native groups to the government is achievable. Land grabbing is rampant in Canada because there is a lack of effective laws to curb the activities within aboriginal territories. Notably, the native communities view land as a communal property. The view is in sharp contrast to the European laws and capitalism, where land is owned by individuals and is transferable from one person to the other. If traditional laws are accepted in autonomous aboriginal regions, a protection of vulnerable minority group is achievable (Alcantara & Whitfield, 2010).  Oppressive rules and regulations should not be used as tools to force native communities to abandon their traditions.
Reasons for inclusion of Recommendation
Canada is a settler society. There are native societies that need recognition. This way, relations between non-Aboriginals and Aboriginals is fostered. The motivations of reconciliation opponents and the reconcilers vary, hence the need for a Truth and Reconciliation Commission (TRC), a key Indian Residential Schools Settlement Agreement institution.  Reconciliation in Canada is a malleable undertaking. Hence, it is imperative to address all the pertinent issues affecting the entire process. Otherwise, the few measures introduced would fail to be effective in the long run. Therefore, an inclusion of  Royal proclamation and Covenant of Reconciliation as one of the recommendation is part of an effort to treat the cause rather than a symptom. 
For many years, the existing reconciliation measures have been considered as a legitimization of colonization because they fail to capture the core needs of Aboriginals in the modern times.  Normalizing or ignoring colonial injustices forms a basis of uproar, dissatisfaction, and protests by liberals and activist groups. The introduction of the recommendation by TRC provides a closure to such injustices and ushers in a new life of inclusivism in national issues. While the TRC is partly a state agency, the calls for its establishment were prompted by rising tensions and communal hostilities. It is hard to avert criticism, especially from the conservative groups because of a resistance for change and formation of an all-inclusive government. However, any prosperous government must be prepared to face its fears and to address the needs of all citizens to ensure harmony and unity. Ironically, the founding values of TRC do not highlight the role of non-Aboriginal groups in Canada.
The recommendation is included in TRC’s outcomes to ensure a pursuit of a national discourse. Indeed, reconciliation should be pursuable nationally for it to bear fruits. An invitation of Canadian government’s policy makers in sourcing for a solution is a strategic step of introducing the proposal to a wider national audience. If successful, subsequent ratification or amendments to Niagara Treaty and 1763 Royal Proclamation will be implemented. The symbolic ratification will wield a greater influence on the government intention. It will result in an alteration of mindset and general views towards Aboriginals.  Resultantly, the natives will be motivated to participate in building the nation through integrative economic activities. Most importantly, peace will prevail among Aboriginals and non-Aboriginals.
Validity of the Recommendation
TRC invested a significant amount of time and resources in the initiative to ensure a working solution is achieved. There is no doubt that the issues raised in the recommendations need to be addressed with immediate effect.  Previous recommendations by other mandated bodies failed to address the core causes of dissatisfaction because the composition of committee members was skewed.  The majority of TRC commissioners had aboriginal roots or understood the lifestyle of the marginalized communities. As such, the probability that the recommendation will not solve the recurrent challenges is negligible. Most Canadian civilians advocate for recognition of aboriginal values and traditions. However, the leadership has politicized the whole ordeal, making it harder to implement UN recommendations or to embrace human dignity across all spheres.
Ruins of racism and inequality are hard to avert in a modern multicultural society like Canada, US or Australia. In fact, inequality is upheld by an existence of outdated legal structure and constitution. Dormancy in Canadian constitution is seen in an intact existence of Victorian era laws and a failure to embrace modern reforms. Hence, the inclusion of Royal Proclamation and Covenant of Reconciliation is justified by time changes and ineffectiveness of existing regulations.
Reconciliation and renewed national spirit are fundamental in ensuring national rejuvenation and settling of scores (Bombay et al., 2013). Postponing reconciliation for future generations worsen the prospects besides heightening the levels of anger and discontent among the vulnerable and marginalized societies.  It is a ticking bomb whose explosion will unleash unimagined chaos and confusion within the government. States fail because of issues such as racial segregation and isolation of minorities. These issues are often overshadowed by a turn of events hence a cultivation of hostility among the warring communities. To neutralize foreseeable instability, it is important to reconcile the contrasting groups through sourcing of a middle ground for a win-win solution. Involving aboriginals in the drafting of constitutional amendments is a critical foundational step.
The Adoption Process
Canada is a vast country with multiple minority groups. Initiating and implementing reconciliation measures is not easy. In fact, it will take years for the introduced steps to gain a foothold in the society. As such, the adoption process should consist of subsequent phases according to the level of complexity.
Firstly, the government should call hold a meeting with aboriginal leaders to chat the way forward. It is important to involve the local natives to get an idea on how crown policies affect their day-to-day lives. Secondly, an oversight committee should be formed to work on outlining the pertinent issues hindering reconciliation between the worrying parties (Wakeham, 2012). The committee should be mandated with a task of sourcing for information regarding outstanding matters to be included in the amendment.  The select committee should also uphold the rights of Aboriginals to ensure swift transition. In the past, efforts to reconcile the natives with whites and other non-Aboriginal societies have failed because of a resistance on the policies upholding colonial rule while suppressing the traditions and culture. A repetition of such failures should be avoided through addressing key issues.
Ratification of contentious laws inscribed in terra nullius and Doctrine of Discovery should precede the adoption of UN resolutions on rights of indigenous people. In fact, the UN declarations should replace the rigid and contentious Victorian laws because they fulfill modern needs of the Aboriginal population. 
Educating the public on the ratified laws is imperative. It creates awareness on the renewed effort to encourage reconciliation. The government should set aside funds to be used in the massive undertaking for optimal results. Besides, recreational activities should be organized. The activities should include cultural festivals and an establishment of museums for display of traditional attire and Aboriginal vintages. The facilities should be placed under native care. This way, the marginalized groups will have a sense of belonging in spite of an embrace of modern culture. Recreational activities help build a strong relationship hence setting a reconciliatory mode.
Experts of aboriginal descent should be involved in the documentation of legal traditions and indigenous laws. Aboriginal elders consulted widely to affirm the accuracy of the documented information (Lambrecht, 2013). Thereafter, a specialized body should handpick the necessary traditional laws for inclusion in the overall document for adoption. Subsequently, law enforcers should be briefed adequately on the new regulations to be implemented. In case of minor adjustments, legislative arms should be authorized to hasten the process.  The integration process should take a maximum of five years.
An analysis of TRC recommendations reveals that the commissioners had an adequate time to gather data regarding the injustices perpetrated by the Canadian government towards the aboriginal population.  For more than a century, Canada's documented laws have been subjective and more inclined towards fulfilling European needs. It is possible that such laws were drafted to encourage the spread of western culture. What the European pioneers failed to consider is that Aboriginals have been in existence in North America for thousands of years. Their success and survival in such a harsh environment was accelerated by their culture of environmental care and valuing of human dignity (Wyatt et al., 2010). Contrastingly, Western Culture is a few hundred years old. Its maturity levels are not comparable to that of aboriginals. In fact, Aboriginal culture has stood the test of time. It is ironic that a younger culture is used to wage war and to abolish a resilient tradition.
In light of concern for the extinction of esteemed moral values, a time has come for the Canadian government to face the fact and to address the constant threat to its own existence (Coulthard, 2014). Notably, a deterioration of Canada's oldest culture will eventually crumble the state existence. Besides, most third-world countries ape developments in advanced states such as the US, UK and Canada. A portrayal of weakness and ethnic injustices in the developed world is often emulated in younger states in Africa, Middle East, and Southwest Asia. As such, Canada should steer clear by setting a good precedence though settling disputes and initiating reconciliation among its citizens.
Injustices are hereditary.  Bitterness and rivalry are passed from one generation to the other. A clear example is a turmoil in the Middle East. The cause of war in Iraq and Syria are based on age-old dissatisfactions traceable to biblical times. Mistreatment of some communities in the ancient times has found a way into the future. For millennia, the oppressed communities seek revenge hence a vicious circle of carnage, war, and political instabilities. Canada risks following the same path if quick fixes are not found soon to set a tone of reconciliation in the country.
World Wars led to deposition of Kings and Imperial rule. Less than a century ago, most parts of Africa were under British colonial rule. The established protectorates could not survive because the harsh rule did not resonate well with most native Africans. In the end, there were calls for liberation and establishment of independent states hence the abolition of the stringent colonial rule. Although most African nations are still struggling to stabilize, many scholars are optimistic about the future of Africa. In fact, Africa's economy is growing at an unprecedented rate. There are projections that by 2035 the annual expansion of a majority of African nations will be in double digits.
Conclusion
Canada is currently experiencing stagnation in growth and prosperity. While multiple factors contribute the shallow economic development, rising tensions and dissatisfaction among a section of the Canadian population is a major causative agent. Today, most employment opportunities are limited to skilled labor. Aboriginals that lead traditional lives do not get the opportunity because of their limited level of education and unavailability of government resources in their regions. Government concentrates on implementing infrastructural development in urban areas and regions mostly inhabited by citizens of European descent. Eventually, the prospects do not look good because the regions lagging behind in development weighs down the overall economic performance ( DeVerteuil &Wilson, 2010) . Through reconciliation, the government has an opportunity to address challenges that have crippled its operation for years.  Postponing the issues will only elicit anger and mass protests among the affected societies. Aboriginals are increasingly becoming aware of an infringement of their rights. If the trend continues, the challenges faced by the government will multiply, making it harder to navigate around.



References
Alcantara, C., & Whitfield, G. (2010). Aboriginal self-government through constitutional design: A survey of fourteen Aboriginal constitutions in Canada.Journal of Canadian Studies/Revue d'études canadiennes, 44(2), 122-145. Retrieved from: http://muse.jhu.edu/journals/jcs/summary/v044/44.2.alcantara.html
Bombay, A., Matheson, K., & Anisman, H. (2013). Expectations among Aboriginal peoples in Canada regarding the potential impacts of a government apology. Political Psychology, 34(3), 443-460. Retrieved from: http://onlinelibrary.wiley.com/doi/10.1111/pops.12029/full
Coulthard, G. (2014). Red skin, White masks. Rejecting the colonial politics of recognition. Minneapolis: University of Minnesota Press. Retrieved from: http://muse.jhu.edu/books/9781452942421/
DeVerteuil, G., & Wilson, K. (2010). Reconciling indigenous need with the urban welfare state? Evidence of culturally-appropriate services and spaces for Aboriginals in Winnipeg, Canada. Geoforum, 41(3), 498-507. Retrieved from: http://www.sciencedirect.com/science/article/pii/S0016718510000060
Dorrell, M. (2009). From Reconciliation to Reconciling: Reading What" We Now Recognize" in the Government of Canada's 2008 Residential Schools Apology.ESC: English Studies in Canada, 35(1), 27-45. Retrieved from: http://muse.jhu.edu/journals/esc/summary/v035/35.1.dorrell.html
Egan, B. (2013). Towards shared ownership: Property, geography, and treaty making in British Columbia. Geografiska Annaler: Series B, Human Geography,95(1), 33-50. Retrieved from: http://www.researchgate.net/profile/Brian_Egan2/publication/263405654_TOWARDS_SHARED_OWNERSHIP_PROPERTY_GEOGRAPHY_AND_TREATY_MAKING_IN_BRITISH_COLUMBIA/links/54d153c90cf25ba0f0411bf5.pdf
Henderson, J., & Wakeham, P. (2009). Colonial reckoning, national reconciliation?: Aboriginal peoples and the culture of redress in Canada. ESC: English Studies in Canada, 35(1), 1-26. Retrieved from: http://muse.jhu.edu/journals/esc/summary/v035/35.1.henderson.html
Lambrecht, K. N. (2013). Aboriginal consultation, environmental assessment, and regulatory review in Canada (Vol. 66). University of Regina Press. Retrieved from: https://books.google.com/books?hl=en&lr=&id=G1NnSkcjuhsC&oi=fnd&pg=PR15&dq=reconciling+with+aboriginals+in+canada+2013&ots=k7xzJOa3tQ&sig=ukUlx035vjJwuvy1DmMHdNoSExI
Wakeham, P. (2012). Reconciling" terror": Managing Indigenous resistance in the age of apology. The American Indian Quarterly, 36(1), 1-33. Retrieved from: http://muse.jhu.edu/journals/aiq/summary/v036/36.1.wakeham.html
Wyatt, S., Fortier, J. F., Greskiw, G., Hébert, M., Nadeau, S., Natcher, D., ... & Trosper, R. (2010). Collaboration between Aboriginal peoples and the Canadian forestry industry: a dynamic relationship. A State of Knowledge report. Sustainable Forest Management Network, Edmonton, AB. Retrieved from: http://www.sfmn.ales.ualberta.ca:82/en/Publications/~/media/sfmn/Publications/StateofKnowledgeReports/Documents/SOK2011Aboriginal1WyattetalEn1Weben.pdf


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