Legal Definitions - settler colonialism

Settler colonialism is an ongoing system of oppression where a colonizing power displaces an existing population, often indigenous people, and replaces them with a new settler society. Its core aim is not merely exploitation, but the complete erasure of the original inhabitants' culture, rights, and connection to the land, thereby establishing the settlers as the rightful occupants.

Settler colonialism is a specific and enduring system of oppression where a colonizing power seeks not merely to exploit resources or establish political control over an existing population, but to permanently replace the original inhabitants, typically indigenous peoples, with a new settler society. This system involves the systematic displacement, marginalization, and often the elimination of the native population, along with the appropriation of their land and resources.

The ultimate goal of settler colonialism is to establish the settlers as the new, rightful inhabitants, thereby erasing the indigenous presence, culture, and sovereignty to create a new society in the image of the colonizers. It is an ongoing structure, not just a historical event, characterized by the imposition of settler laws, customs, and names, often underpinned by ideologies of racial or cultural superiority.

This differs from traditional colonialism, which might focus on extracting resources or governing a territory from afar while largely leaving the existing population in place, albeit under foreign rule. Settler colonialism, by contrast, prioritizes the permanent settlement and demographic replacement of the indigenous population.

• Example 1: The United States

  The historical development of the United States provides a clear illustration of settler colonialism. European settlers arrived on the continent, claiming vast territories already inhabited by numerous diverse Indigenous nations (such as the Cherokee, Lakota, and Navajo). Through a combination of warfare, forced treaties, and policies like the Indian Removal Act, Indigenous peoples were systematically displaced from their ancestral lands, often forced onto reservations. Settlers then established new towns, states, and a legal system based on European traditions, renaming natural landmarks and cities, and promoting English as the dominant language. Efforts like residential schools aimed to culturally assimilate Indigenous children, further attempting to erase their distinct identities and replace them with settler values.

  This example demonstrates settler colonialism through the systematic displacement and attempted elimination of Indigenous populations, the appropriation of their lands and resources, and the establishment of a new society by the settlers who sought to become the sole legitimate inhabitants.

• Example 2: Australia

  British colonization of Australia also exemplifies settler colonialism. Upon arrival, the British declared the continent terra nullius (land belonging to no one), despite the long-standing presence of Aboriginal and Torres Strait Islander peoples. This legal fiction justified the appropriation of land for British settlement and agriculture. Indigenous populations faced widespread violence, disease, and policies designed to dismantle their societies. The "Stolen Generations," where Indigenous children were forcibly removed from their families and placed into white institutions or foster homes, represent a direct effort to culturally assimilate and ultimately eliminate Indigenous identity, replacing it with a British-derived culture. The establishment of new cities, legal systems, and governance structures solidified the settler presence.

  This case illustrates settler colonialism through the legal justification for land theft, the violent and cultural elimination of Indigenous peoples, and the subsequent establishment of a new settler nation that sought to overwrite the existing Indigenous societies.

• Example 3: The Ongoing Situation in Palestine

  The ongoing conflict in Palestine is often analyzed through the lens of settler colonialism. The establishment of the State of Israel involved a significant influx of Jewish immigrants (settlers) into a region already inhabited by a Palestinian Arab population. This process led to the displacement of a large number of Palestinians in 1948 (known as the Nakba), the establishment of new towns and cities, and the imposition of a new state structure and legal system. Subsequent and ongoing Israeli settlement expansion in areas like the West Bank continues to displace Palestinians, appropriate their land, and assert Israeli control, aiming to solidify the settler presence and claim to the entire territory. Policies related to citizenship, land ownership, and movement often privilege the settler population over the indigenous Palestinians.

  This example highlights the ongoing nature of settler colonialism, demonstrating the continuous displacement of an existing population, the establishment of a new society, and the persistent appropriation of land and resources, often accompanied by conflict over competing claims to the territory.