LEGISLATION VS. SPIRITUALITY: THE FIGHT FOR INDIGENOUS RIGHTS AND ENVIRONMENTAL INJUSTICE

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Abstract

Keywords: Indigenous rights, Reconciliation, Environmental justice

Introduction

The intersection of legislation and spirituality represents a crucial battleground for Indigenous rights and environmental justice. Indigenous communities worldwide have long maintained a profound connection to their ancestral lands, rooted in spiritual beliefs and practices (Alfred, 2009). However, the imposition of Western legal frameworks during and after colonization has often disrupted these connections, leading to significant environmental and cultural injustices (Borrows, 2010). This paper aims to explore this dynamic, highlighting the tension between legislative approaches and spiritual worldviews in the fight for Indigenous rights.

The significance of this study lies in its potential to inform policy and legal reforms that respect and integrate Indigenous spiritualities. As environmental crises intensify globally, the wisdom embedded in Indigenous spiritual practices offers valuable insights for sustainable environmental stewardship (Coulthard, 2014). This research addresses the following key questions: How have historical and contemporary legal frameworks impacted Indigenous rights and environmental justice? In what ways have Indigenous communities utilized spirituality as a form of resistance? What legal reforms are necessary to reconcile legislative processes with Indigenous spiritual values?

The paper is structured into three main parts. The first part provides a historical context, examining Indigenous environmental stewardship before colonization and the subsequent legal dispossession of their lands. The second part focuses on the legal battles and spiritual resistance, analyzing landmark cases and the role of spirituality in Indigenous resistance movements. The third part discusses pathways to reconciliation and environmental justice, evaluating current legal frameworks and proposing reforms to integrate Indigenous spirituality into environmental law. By the end of this paper, it becomes evident that a holistic approach, recognizing both legal and spiritual dimensions, is essential for achieving genuine reconciliation and environmental justice.

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