loomer wrote: ↑2019-07-23 12:07amI find it interesting that anti-decolonization posters like yourself routinely return to the idea that the process
must involve the 'forced relocation of massive amounts of people' when it is, again, not something being sought except where unavoidable by all but the extreme fringe of decolonization proposals. No such forced relocation is suggested except in the marginal areas, in which case the ordinary legal system can be employed, with its well-established tradition of the employment of coercive sanctions up to and including violence to obtain its ends. In this regard, such relocations are no different to eminent domain seizures.
First of all - why do you assume I am "anti-decolonization"? I am raising possible problems with accomplishing restoration of land rights, I am nowhere saying I am opposed to doing this. I don't think it's likely to happen any time soon, but that doesn't mean I'm opposed to the idea in theory.
loomer wrote: ↑2019-07-23 07:20am
Broomstick wrote: ↑2019-07-23 06:39amFirst, there is the fear that new (or if your prefer, the restored owners) will become the New Oppressors.
It certainly can happen, and it is of course a risk - but it's a risk that is worth taking in the furtherance of justice and humanity.
I used the word "fear" for a reason, not "risk". It is a
fear, which means it is felt in a highly emotional place. Given that there are examples in history of "the worst" coming to pass it is not an entirely irrational fear, either. South Africa would definitely be a place to look at, to see how these fears were addressed and calmed sufficiently to allow the place to continue as a viable nation. Studying history isn't just about studying the worst cases, after all. No one is going to willingly sign up for a situation where they or their children are going to be the oppressed, no matter what justice might be involved. At some point the "eye for an eye, tooth for a tooth" thing has to stop so we don't all wind up blind and toothless. The difficulty of doing that should not be minimized. Among other things, it involves the acknowledgement that not everything can be set right and there is no perfect justice.
loomer wrote: ↑2019-07-23 07:20am
Broomstick wrote: ↑2019-07-23 06:39amSecond, there are people who will, indeed, want to become the New Oppressors.
Yes, and? Those people refused to comply with the directives of land owners and to sign valid, lawful leases. Why is it especially noteworthy when tenants who refuse to sign a renewed lease are evicted? It happens every day across the world.
Here's a problem with, for example the recent restoration of Salamanca to Seneca control: The non-native residents purchased housing - not rented or leased, PURCHASED - under the assumption (which until 1990's was, apparently, also held by courts, banks, and other entities) that while the land belonged to the Seneca what was
built on the land belonged to the non-natives who paid for it. Then, in the 1990's not only did the courts hold that the Seneca held the land (which, actually, was never in disputed) but also the "improvements", that is, everything built on the land, which had been built under the assumption that those who built the stuff owned the stuff. The non-natives who had, in some cases, sunk the majority of their wealth into those "improvements" saw this as theft - which is why it wound up in court. No one objected to signing a lease to stay on the land - that had been the practice for 100 years already - but the objection was to being "forced" to sign a lease to stay in a home bought/built/owned by a person, that the person had paid property taxes on for all the years they were there, that had (from their viewpoint) been given to someone else. Those people lost all the equity in those properties. Hell, yes, they were angry. They had, in fact, played the game according to the rules everyone else did... until the game changed in 1990 without any input from them. They feel they have been lied to. (I'm sure the Seneca can empathize with that, even if they still want to assert their ownership claim).
Now, there are ways to deal with these things. For example, these "improvement owners" could be fairly compensated, with the Seneca paying something for the "improvements" that sit upon the land (the Seneca aren't what you'd call rich, but they aren't penniless, either) either as a lump sum or via regular payments. There could be an arrangement where non-natives who had made these "improvements" under the assumption of ownership could continue to "own" them and pay only rent on the land beneath for the rest of their lives, but any heir or new "owner" would not be an owner but a new lessee under the post-1990 understanding. Maybe there's another alternative I haven't thought of. Or you could just say "sucks to to be you, you put your life savings into this but someone else owns it now". But if you do the last of those choices there is no way to avoid extended bitterness.
There probably is no way to do these things without pissing someone off along the way. There are no perfect answers to any of this Gordian knot of injustice that has built up over centuries. I am suggesting, though, that seizing the property of one group to "atone" for the seizure of property of another group
centuries ago is probably not the ideal approach to a
long term solution to the grabbing.
loomer wrote: ↑2019-07-23 07:20am
Broomstick wrote: ↑2019-07-23 06:39amWhich is not to say these things should not be done. There seems to be an assumption in this thread that anyone raising the specter of problems is somehow opposed to justice and restoration of rights. That is an erroneous conclusion. Saying "hey, there are going to be problems" is not the same as being in favor of those problems, or saying that something could not be done.
And yet it so often seems to be raised as precisely that action should not be taken, because it is naive, impossible, and so forth. So while I appreciate that it may not be intended to refute the proposals, it unfortunately often either is intended to, or inadvertantly has the effect of advancing that argument.
So we should just ignore these problems and questions? Forbid pointing out that there are difficulties to achieving justice either short or long term?
I am in no way saying that this can't be done - I have in fact posted about baby steps in that direction which demonstrate that this sort of restoration is
possible. I will also continue to point out that it is very, very difficult to scale up and I will continue to ask for details on how people plan to do this.
loomer wrote: ↑2019-07-23 07:20am
Broomstick wrote: ↑2019-07-23 06:39amThere the problem of negotiating with a vastly stronger and wealthier entity. One of the long standing problems with Natives in the US is that even the most organized of them (and some of them, like the Iroquois, had longstanding multi-tribal alliances that pre-dated the colonial era) were and still are at a constant disadvantage vs. both the many States and the over-arching Federal Government (back to the Seneca again - they've been fighting the State of New York for
centuries in the Federal Courts because New York keeps trying to assert sovereignty over the Seneca nation. Most recently, a 2007 dispute when New York kept trying to collect state sales tax on a group that legally isn't part of New York State - rather as if New York attempted to collect state tax on towns in the province of Ontario, Canada or regulate the tourist industry on the Canadian side of Niagara Falls).
Certainly, but this again is not a unique issue to the proposed restored Indigenous states. Many nations have to negotiate with stronger and wealthier entities - many nations do it successfully, some do not.
The problem is the disparity of power and wealth. There are very few situations where nations as poor and as lacking in power as Native Americans have to negotiate with a superpower like the United States. France disagreeing with Germany is a fairly equal contest. The US and China disagreeing likewise. But how has, for example, Guatemala faired against the US? (Hint: it's where we get the term "banana republic") And Guatemala is considerably wealthier and more powerful than Native American nations.
Personally, I'd much prefer for the word "justice" to have such power that a disparity of power and wealth would not matter. But we don't live in that world.
Again, certainly. But just as there is a risk that not all restored Indigenous states may wish to join the defence pacts, there is a possibility - a fairly good one, in fact - that they will. Again, this is not a risk unique to the idea of restoring Indigenous statehood and sovereignty, and the usual recourses to prevent wars of aggression remain available - whether they be defensive pacts or international law. In the case of the dissolved America, whatever common federations arise will likely also be nuclear capable, which is a fairly reliable tool for telling others to fuck right off - afterall, as you yourself point out, this restructuring doesn't take place in a vacuum, and nuclear weapons infrastructure is one of many assets to be considered and divided between the emergent states unless total disarmament is part of the process.
You're still talking about dismantling the United States, one of the most powerful entities on the planet. It would be at least as destabilizing as the dissolution of the USSR. I'm not saying it's going to cause WWIII - I rather doubt it would - but it's going to have international ramifications. EVERY nation that currently has a treaty/agreement/etc. with the US is going to have that unilaterally ended. Which is pretty much everyone. What happens to Japan? The US has pledged to defend Japan so that it need not have a standing military as other nations do - but if there is no US then what? Japan is left vulnerable. What happens to South Korea? What about NATO? The North American Trade Agreement will no longer exist... and recreating it will require negotiating with possibly
hundreds of different sovereign entities. The world will become much less certain for quite awhile.
You are correct that some older agreements will probably continue (including some, like the Iroquois Confederacy, that pre-date the existence of the USA and currently has about 125,000 people between the US and Canada, so it's also an example of a pre-existing trans-national Native group). Quite a few of these Native nations already issue their own passports for international travel, have police forces, and so forth. There is certainly a lot of infrastructure already in place. No matter what, though, dissolving the US is going to be a mess.
Not the least because there are other deep divides - there have been rumblings of secession of various regions for generations due to all sorts of reasons, including disputes between groups of European descent. Once you dissolve the current Union you're going to have all sorts of breakaways, from socialist communist mini-enclaves to attempts to set up religious theocracies to racial "homelands" (not just white - some groups of African descent want apartheid, too) to other stuff I haven't though of at the moment.
loomer wrote: ↑2019-07-23 07:20am So if Mexico does decide it wants a slice of California, good luck to them - they'll have quite a fight on their hands.
I'd prefer there not be a fight at all.
loomer wrote: ↑2019-07-23 07:20amInternational law is distinct from the law of states, of which land seizure is a well-recognized principle - hence, the weakness of international law has no bearing on the availability of land seizure as a legal remedy for treaty obligation. As you acknowledge, it's well recognized - and when I refer to it, I refer to it in the context of a nation's internal laws. The history of illegal actions by the US government towards the Indigenous peoples is irrelevant to the capacity for the newly formed Indigenous states to utilize legal remedies to seize land as and when necessary to fulfill treaty obligations and constitutional requirements, in the same way that people breaking the law around homicide does not render those laws flimsy or helpless.
Laws against homicide are only effective if there is a strong enough government to enforce the law. You are talking about not only dissolving the
Federal government but also the
State governments. Who will be left? The Native nations do not have standing armies. They do not have arsenals. They do have tribal laws and tribal courts and tribal police... but, say, the Navajo and Hopi (two of the larger and better organized Native Nations in the region) do not have the capacity to suddenly take over law enforcement for New Mexico, Arizona, and Nevada. Not to mention that some of the state governments - which DO have arsenals in the form of the National Guard for that state - are already adversarial vs. the Native Nations and are currently held in check by the
Federal government and its courts.
So... how do you plan to deal with the problems arising from your proposed plan of dissolving the Union?
loomer wrote: ↑2019-07-23 07:20am
Wars between the new states are possible, of course, as are violent insurrections - but violent insurrections against a lawful and legitimate government fall within the ambit of those governments to respond with the coercive sanctions appropriate to the situation, and there is no particular reason to believe the same disparity will exist between the new states as between Indigenous communities and the US government at present.
First - oh, yeah, wars between the various US states not only are possible but have historically occurred. Not just the big US Civil War, but others as well. Granted, the
Toledo War was nearly bloodless (at least one person got stabbed, but I don't think anyone actually died) but given the current state of the USA I'd expect some definite conflicts once the lid of the Federal government is removed and some long-standing issues are allowed to boil over.
But - as the on-going conflict between New York State and the Seneca illustrate - there's going to be plenty of issues between the new entities your proposal creates. New York State,
despite the intervention of the Federal government, keeps trying to impose sovereignty over the Seneca (and other Iroquois groups within its borders) in various ways. Take away the Federal government and there will be more of that, not less. Who is going to keep the peace while the process of re-forging the national landscape of North America takes place? The Native Nations are still out-numbered and out-gunned, and not nearly as wealthy. This will certainly give them massive incentive to make alliances, but will it be enough?