Page 217 - Berkshire Encyclopedia Of World History Vol Two

566 berkshire encyclopedia of world history

The Trail of Tears

Although “Displaced Peoples” is a new concept, it is an of the river Mississippi, not included in any state or
old practice.The following extract of text from the U.S. organized territory, and to which the Indian title has
Indian Removal Act of 1830 is an example of one of been extinguished, as he may judge necessary, to be
the most notorious acts of displacement in human his- divided into a suitable number of districts, for the
tory. The act authorized the president to order the reception of such tribes or nations of Indians as may
transfer of Native American nations in the eastern U.S. choose to exchange the lands where they now reside,
to the western territories where land was promised to and remove there; and to cause each of said districts
them “in perpetuity.” The relocation in 1838 came to be to be so described by natural or artificial marks, as to
known as the “Trail of Tears”—a forced exodus in be easily distinguished from every other.
which many people suffered and died to settle in harsh
SEC. 2. And be it further enacted, That it shall and
conditions on land that was again taken from them
may be lawful for the President to exchange any or all
years later.
of such districts, so to be laid off and described, with
any tribe or nation within the limits of any of the states
The Indian Removal Act of 1830
or territories, and with which the United States have
CHAP. CXLVIII. An Act to provide for an exchange existing treaties, for the whole or any part or portion
of lands with the Indians residing in any of the states of the territory claimed and occupied by such tribe or
or territories, and for their removal west of the river nation, within the bounds of any one or more of the
Mississippi. states or territories, where the land claimed and occu-
Be it enacted by the Senate and House of Repre- pied by the Indians, is owned by the United States, or
sentatives of the United States of America, in Con- the United States are bound to the state within which
gress assembled, That it shall and may be lawful for it lies to extinguish the Indian claim thereto.
the President of the United States to cause so much
SEC. 3. And be it further enacted, That in the mak-
of any territory belonging to the United States, west
ing of any such exchange or exchanges, it shall and

meaning to this term, making a critical distinction is outside the country of his nationality and is unable or,
between those who cross a border and those who, while owing to such fear, is unwilling to avail himself of the pro-
displaced, remain in their country. Both groups are dis- tection of that country” (United Nations 1951, article 1).
placed people, but only those in the first category are In 1969, in response to the increasingly frequent flows
defined as “refugees,” while those in the second are and growing scale of refugees in Africa, the Organization
defined as “internally” displaced people.The difference in of African Unity adopted a refugee convention with a
“labeling” reflects significant differences in terms of their slightly broader definition: “The term refugee shall apply
entitlements to international assistance and protection. to every person who, owing to external aggression, occu-
Refugees often establish “diaspora communities” in the pation, foreign domination or events seriously disturbing
arrival countries and either integrate in those countries or public order in either part or the whole of his country of
return eventually to their country of origin. origin or nationality, is compelled to leave his place of
Historically, the most broadly accepted definition of habitual residence in order to seek refuge in another place
“refugees” was given by the U.N. Convention Relating to outside his country of origin or nationality” (Organiza-
the Status of Refugees: “the term refugee refers to a per- tion of African Unity 1969).This description of refugees,
son who, owing to a well-founded fear of being perse- which employs two key characteristics—violence and
cuted for reasons of race, religion, nationality, or mem- border crossing—as definitional, is restrictive on purpose:
bership of a particular social group or political opinion, it is not open to include either voluntary (economic)