This thesis analyses the past and present realities of the rights of Indigenous peoples in
Chile and Canada from a comparative perspective.
In Chapter I, the author explains the international human rights and Indigenous peoples'
law that provide the theoretical framework behind this study. The political and territorial rights that
different international forums have acknowledged to these peoples in recent years are identified.
The methodology used in the elaboration of this study, which includes the analysis of documentary
data, the case study and the interview methods, is explained. The author describes the objective of
this study, characterizing it as applied social research aimed at providing information that can be
useful for the transformation process in which the peoples that are subject of this study are
involved.
In Chapters II and III, the author analyses the rights of Indigenous peoples in Chile and
Canada respectively from pre-contact until today. The central aspects of their pre-contact cultures
and organizations are described. The author also describes main characteristics of the relationships
that were established with Indigenous peoples by the Spanish in Chile and by the French and the
English in Canada, and later by the states in the two contexts. Special importance is given to those
changes recently introduced in the Indigenous-state relationship in both contexts, focusing on their
implications for these peoples' rights.
In Chapter IV, the author attempts to expand upon the past and present situation of the
Indigenous peoples who live in what is now Canada and Chile by including a case study related to
each context: the Pehuenche people of the Alto Bio Bio in Chile and the Nisga'a people of the Nass
Valley in Canada.
In the last Chapter of this thesis (V) the author concludes that, notwithstanding the changes
introduced in recent years in the relationship between Indigenous peoples and the Chilean and
Canadian states, many and significant problems still impede their ability to enjoy the rights they
claim. The author acknowledges, nevertheless, that Indigenous peoples in Canada, through
different means, including negotiation and litigation, have achieved a much broader recognition of
their political and territorial rights today than have the Indigenous peoples in Chile. The legal,
political, cultural and economic factors that explain these differences are also highlighted in this
final Chapter. / Law, Peter A. Allard School of / Graduate
| Identifer | oai:union.ndltd.org:UBC/oai:circle.library.ubc.ca:2429/9390 |
| Date | 11 1900 |
| Creators | Aylwin, José Antonio |
| Source Sets | University of British Columbia |
| Language | English |
| Detected Language | English |
| Type | Text, Thesis/Dissertation |
| Format | 28116224 bytes, application/pdf |
| Rights | For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. |
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