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1
Elliott, Michael. "Indigenous justice struggles and reflexive democracy." Thesis, University of Southampton, 2014. https://eprints.soton.ac.uk/373851/.
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This thesis is concerned with the public sphere of justice in the contemporary internal colonial contexts of Australia and Canada. More specifically, it examines the way in which Indigenous actors are generally impeded from participating in public disputes of justice on equitable and self-determined terms. It develops and applies a position centred on the recent theoretical work of Nancy Fraser, and particularly her thinking around the concept of "abnormal justice". Fraser's reflections on the deeply contested nature of justice in contemporary times - and the accompanying absence of agreement and certainty about justice's most fundamental meaning and character - provide, I suggest, first, a valuable new framework for understanding the complexities that presently pervade public sphere shaped by colonial pasts and presents, and, second, the outline of a means for dealing with those complexities in more sensitive and productive ways. Accordingly, Part 1 of the thesis introduces and elaborates the 'diagnostic' side of Fraser's theorising, and applies it to the internal colonial contexts of Australia and Canada. The outcome is a deeper appreciation of the ways in which the experiences of injustice and aspirations for justice possessed by Indigenous actors are frequently obscured by the dominant (or 'normal') bounds of justice within these societies. Part 2, in turn, focuses on the 'reconstructive' side of Fraser's work and its potential to inform a progressive response to a meeting with abnormal justice in internal colonial contexts. I contend that the reflexive-democratic character of Fraser's thought provides the basis for a mode of politics through which Indigenous actors might begin to realise greater participatory parity in the terms of public disputes. Though, I reduce, the senses of injustice presently felt by Indigenous actors, it does at lease open up spaces by which they can being to participate more equitably in naming those injustices an authoring possibilities for overcoming them. The position thus defended is that a reflexive democratic politics can help in the task of dismantling obstacles to equitable Indigenous participation in ongoing public disputes. This, I contend, must represent an essential step in any effort to being to convincingly address the continuing and past violences of internal colonial contexts.
2
Porter, Amanda Jayne. "Decolonising juvenile justice: Aboriginal patrols, safety and the policing of indigenous communities." Thesis, The University of Sydney, 2014. http://hdl.handle.net/2123/12078.
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This thesis is about the decolonisation of juvenile justice in New South Wales. It considers how ‘decolonisation’ might be understood, realised and contested in Aboriginal communities in New South Wales. This thesis uses ‘Aboriginal Patrols’—a term which refers collectively to Night Patrols, Streetbeats and other forms of Aboriginal community policing—as a lens through which to critically examine contemporary issues in the policing of Indigenous Australian communities and, more broadly, as a way of exploring some of the complexities involved in thinking and practising the decolonisation of juvenile justice. This thesis consisted of an empirical study of Aboriginal Patrols in NSW from 1980 to present. It documents the development of Aboriginal Patrols, how they are perceived by the community and others, and the associated discourses surrounding them in policy and academic literature.
3
Crew, Melissa Lynn. "Towards Decolonial Climate Justice: An Analysis of Green New Deal and Indigenous Perspectives." Thesis, Virginia Tech, 2021. http://hdl.handle.net/10919/103879.
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The Green New Deal has gained international significance as the only prominent climate legislation in the United States. The Green New Deal has also become emblematic of a larger movement for climate justice; however, further analysis of the Green New Deal and its assumptions indicates that it falls short of enacting meaningful justice for those most effected by climate change, but least responsible for causing it. This shortcoming is due to the absence of calls to decolonize. Because of the large role U.S. militarism and imperialism play in contributing to the climate crisis, decolonization must be central to climate justice projects. Marx's concept of the metabolic rift and the phenomenon of humans' separation from nature through colonial acts of dispossession and enclosure of land plays an important role in thinking through the ways the Green New Deal recognizes this same phenomenon but fails to go deeper and recognize broader implications of the metabolic rift for continued U.S. imperialism. Additionally, the rocky legacy of the environmental justice movement raises questions as to whether working with the settler state can lead to meaningful justice. Though the Green New Deal is an operation of state recognition of the climate crisis as connected to other social inequalities, it does not overcome the settler state's reliance on racial capitalism and continued exploitation of people and the environment. A climate justice program that is in fact centered on decolonization and indigenous sovereignty is available and must be supported.Master of Arts
The Green New Deal has gained international significance as the only prominent climate legislation in the United States. The Green New Deal has also become emblematic of a larger movement for climate justice; however, further analysis of the Green New Deal and its assumptions indicates that it falls short of enacting meaningful justice for those most effected by climate change, but least responsible for causing it. The project of the Green New Deal recognizes the phenomenon of humans' separation from nature and importantly seeks to connect environmental issues to social issues and assert environmental justice through state-led action. Because the Green New Deal fails to question the larger role of the U.S. military's involvement around the world and its pollution and wastefulness, it becomes complicit in the very forces that drive the climate crisis. A project of decolonization, which would involve ending U.S. military involvement at home and abroad and asserting indigenous nations' sovereignty, addresses many of the shortcomings of the Green New Deal.
4
Slakov, Karen. "Where is the Indigenous law in state based transitional justice processes?" Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/61471.
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This paper discusses the impact of state engagement with Indigenous legal orders through transitional justice mechanisms such as the Canadian Truth and Reconciliation Commission. My aim is to contribute to an understanding of the potential implications of the power imbalances caused by settler colonialism on interactions between state and Indigenous legal systems. This thesis builds on the Fanonian theorization of culture under settler colonialism by extending his analysis to Indigenous legal systems impacted by settler colonialism. In the case of the Canadian Truth and Reconciliation Commission, the inclusion of Indigenous legal traditions in the Commission’s work has failed to create space for Indigenous law as a set of viable alternatives to state law. Instead, longstanding settler depictions of Indigenous law as static and primitive are reinforced and the dominant position of state law in relation to Indigenous law is reinscribed in the collective settler imagination. Rather than create space for an Indigenous legal resurgence that would strengthen the legal authority of Indigenous law, the Commission’s engagement with Indigenous law ultimately served to affirm the supremacy of state law over Indigenous law and erase those aspects of Indigenous law that might prove threatening to the established settler colonial state.Arts, Faculty of
Political Science, Department of
Graduate
5
Gessas, Jeff. "Indigenous Knowledge on the Marshall Islands: a Case for Recognition Justice." Thesis, University of North Texas, 2015. https://digital.library.unt.edu/ark:/67531/metadc822739/.
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Recent decades have marked growing academic and scientific attention to the role of indigenous knowledge in climate change adaptation, mitigation, and detection strategies. However, how indigenous knowledge is incorporated is a point of contention between self-identifying indigenous groups and existing institutions which combat climate change. In this thesis, I argue that the full inclusion of indigenous knowledge is deterred by certain aspects of modernity. In order to overcome the problems of modernity, I argue that a recognition theory of justice is needed as it regards to indigenous knowledge. Recognition justice calls for indigenous groups to retain meaningful control over how and when their indigenous knowledge is shared. To supplement this, I use the Marshall Islands as a case study. The Marshall Islands afford a nice particular case because of their longstanding colonial relationship with the United States and the impending danger they face of rising sea levels. Despite this danger, the Republic of the Marshall Islands calls for increased recognition as leaders in addressing climate change.
6
Aho, Alison. "Criminal Justice in Northern and Remote Communities: Redressing the Substantive Inadequacies in Achieving Long-Term Justice for Indigenous Youth." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/38665.
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In spite of legislative, judicial, and governmental initiatives, Indigenous youth continue to face over-representation in the Canadian criminal justice system. While the Government of Canada appears to be closer than ever to accepting wide scale self-governance of Indigenous peoples, there are a number of obstacles within the proposed solutions that will continue to prevent Indigenous youth from achieving sentencing equity. This thesis asks the question, to what extent can the Youth Criminal Justice Act and supporting regulations be reformed in order to effectively “rehabilitate and reintegrate” Indigenous youth and serve the Government of Canada mandate of “reconciliation;” or, considering the colonialist underpinning of Canadian legislation, to what extent do Indigenous youth require alternative solutions to establish equitable justice? In answering this question, this thesis engages the theoretical framework of Critical Race Theory to examine existing legislation, jurisprudence, programs, and institutions geared towards creating sentencing equity for Indigenous youth in Canada, ultimately proposing recommendations for a more fair criminal justice system.
7
de, Freitas Bruno Osmar Vergini. "Restorative justice, intersectionality theory and domestic violence : epistemic problems in indigenous settings." Thesis, University of British Columbia, 2011. http://hdl.handle.net/2429/33912.
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This thesis problematizes the use of feminist intersectionality theory within the context of the restorative justice social movement as applied in cases of violence against women in culturally heterogeneous settings. I argue that there is an imbalanced anti-essentialist tendency in some intersectional approaches to restorative justice (RJ) and domestic violence that slides toward gender underestimation, ultimately, leading to a phenomenon defined by feminist scholar Kimberlé Crenshaw: intersectional disempowerment. This position threatens the epistemological and critical stances of that feminist analytical tool for understanding racialized women’s needs for security, offender accountability and empowerment at an individual level in situations of domestic violence. In addition, the existence of competing analytical categories in intersectional analysis and multicultural drives obscure pre-existing patriarchal relations in Indigenous communities applying RJ as remedial justice, i.e., intra-group gender inequality and allows co-optation of the intersectionality theory by ethnocultural non-emancipatory political interests.
This poses potential detrimental consequences to racialized women dealing with some RJ interventions like alienation, exclusion and the silencing of victims' individual histories, reinforcing the fact that the representation of the individual female victim within the RJ movement has not been adequately resolved and remains deeply problematic. To illustrate my arguments, I focus on sentencing circles that are used ostensibly as state-sanctioned alternative criminal justice responses designed to ameliorate the systemic racism and over-incarceration rates that Aboriginal peoples experience in postcolonial jurisdictions such as Canada and Australia. I argue that these restorative-like experience are especially vulnerable to intersectional disempowerment. In these RJ models, it becomes unclear whether intersectional approaches can sustain the particular needs and interests of victimized women.
8
Asante, Aimée. "Increasing ecological sustainability through land justice and environmental protection for indigenous people." Thesis, University of Strathclyde, 2012. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=18876.
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Current paradigms governing environmental resource management are unsustainable and require an urgent change for ecological sustainability. To this end, Agenda 21 is the international action plan for an ecologically sustainable globe. It provides the scienta and ethics of the modern environmental age, from which praxis must be determined. A key factor, which has eluded us in determining the aforementioned, is the fact that indigenous people remain either alienated from their lands, or without effective control, and environmental protection, where possession has been retained. Whilst literature and international documents alike recognise the role of indigenous people as custodians of key areas of the earth's biodiversity, the combination of land justice and environmental protection for indigenous people has not been explored as a cornerstone for enhancing ecological sustainability. In this thesis, the contribution of Judeo-Christian ethics and Enlightenment philosophies to this current ecological crisis shall be considered in terms of value systems and ethics and praxis emanating from each. Furthermore the role of environmental protection and land justice for indigenous people of the New World, living as part of an identifiable community and adhering to traditional values, is explored in relation to enhanced ecological sustainability. A critical examination of the legal processes employed in granting land justice is embarked upon, demonstrating the justiciability of land justice cases through current, established laws, domestically and internationally. At international level, a teleological approach to Human Rights is demonstrated to be capable of adjudicating both land justice cases and cases of environmental protection. This approach would also enable, to a large extent, the displacement of self-determination as the cornerstone of indigenous peoples' rights, in favour of land justice. This is not simply a repetition of the reparations for indigenous peoples argument, inspired by the perceived injustice of a bygone era. This argument is new, relevant, imperative and responds to the voices of academics, governments and others striving towards solutions to the problem of ecological un-sustainability.
9
Berthoud, Julie. "Environmental Justice and Paradigms of Survival: Unearthing Toxic Entanglements through Ecofeminist Visions and Indigenous Thought." University of Cincinnati / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1415283787.
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Green, Deirdre. "Engagement and Innovation in Criminal Justice: Case Studies of Relations between Indigenous Groups and Government Agencies." Thesis, Griffith University, 2009. http://hdl.handle.net/10072/366272.
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This research aims to draw attention to the way government and Indigenous groups engage in community settings and explores the potential of this sphere of political activity as a source of innovation and reform.
Indigenous people have many good ideas about managing crime and justice in their communities, but what happens to those ideas when they are presented to an agency of the criminal justice system? To investigate the fate of Indigenous ideas and how they might be progressed through western bureaucracies, I conducted four case studies – two in New Zealand and two in the Australian state of Queensland – that represent examples of what occurs when government and Indigenous groups come together to develop a local crime and justice project. This thesis presents an empirical record of the events in each case, a comparative analysis of what occurred and my hypothesis of what might be likely to occur in other similar cases.
I found that Indigenous leaders responded to government projects by challenging the government’s intentions, venting their anger, hijacking the agenda and contesting the projects’ assumptions. My analysis of the policy background to the cases shows that although governments currently favour community ‘capacity building’ strategies, these policies mistakenly assume that Indigenous communities are capacity deficient. Indigenous leaders tend to interpret policies that encourage devolved decision-making arrangements as government support for self-determination, and ‘whole of government’ strategies continue to disappoint because the public sector is unable to coordinate its resources. Instead, successful local projects often depend on the accidental convergence of a good idea, a committed and enthusiastic leadership, some degree of political will and sufficient resources. To maximise these opportunities for reform, bureaucrats need to feel comfortable in the ‘community space’, to learn to operate within the Indigenous domain and be willing to put Indigenous ideas into practice.
The thesis concludes that Indigenous communities are highly capable of developing reform projects and effective forms of governance on Indigenous terms, but government actors are often unsure of how to utilise the expertise of Indigenous people. Effective Indigenous leaders are experts in the history, conditions and aspirations of their communities. They are also experts in the practice of consensus decision-making, can mobilise community support for a good idea and have learned to negotiate with unresponsive and uncoordinated government agencies. When government and Indigenous groups are willing to engage, and each acknowledges the potential contribution of the other, then there is potential for a new way forward in the relationship between government agencies and Indigenous people.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Criminology and Criminal Justice
Faculty of Humanities and Social Sciences
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Bedells, Stephen J. "Incarcerating Indigenous people of the Wongatha lands in the Eastern Goldfields of Western Australia : Indigenous leaders’ perspectives." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2010. https://ro.ecu.edu.au/theses/137.
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The Wongi
people are Indigenous to the Goldfields region and account for just 10 per cent of the population; yet they make up 90 per cent of the prisoners. With Indigenous incarceration rates above 8,000 per 100,000 adult male population in Western Australia, imprisonment is clearly a common experience for Indigenous men and women that profoundly affect the lives of their families. Gaols are meant to be used as a sentence of last resort when the severity of the offence requires severe punishment and prevention of further offences requires close confinement. For this research, Wongi leaders were interviewed about their perceptions of the incarceration system. They indicated that prison is being applied too frequently for minor offences, does little to prevent further offences and has a profound negative socio-economic impact on inmates’ partners and children. The negative impact was also exacerbated when Wongi prisoners are transferred 600 kilometres out of their country to Perth because the local prison is overcrowded. The Wongi leaders who were interviewed believe that the criminal justice system lacks the moral authority to deal with their people fairly and punishes inmates’ families more so than the offender. According to the Wongi leaders, the incarceration system could be improved by using the cultural practice of shaming and targeting training more effectively so that prisoner skill sets were identified and enhanced to improve employment chances and a reduction in recidivism. By using these strategies, the criminal justice system would increase the deterrent effect of incarceration, decrease the rate of recidivism, and improve the Wongi perception of the system.
12
Engström, Anna-Karin. "Indigenous Justice From a Human Rights Perspective - A field study of Kichwas in the Andean region of Ecuador." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21785.
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In Ecuador the traditional indigenous justice has been practiced alongside with the national justice since the conquest in the 16th century. As of 1998 it is legally recognized by the state through the ratification of the Indigenous and Tribal Peoples Convention C169 and the subsequent adoption of a new constitution. Since then the rights of the indigenous peoples have been further developed by the adoption of Ecuador’s present constitution in 2008. In this thesis the indigenous justice is examined from a human rights perspective and especially the responsibility of the Ecuadorian state in guaranteeing the human rights of its indigenous citizens is discussed.In order to collect empirical material for the thesis a field study was carried out in the Andean region of Ecuador. Individuals with knowledge of, and experience in, the indigenous system of justice were interviewed in primarily the capital Quito and in the indigenous Kichwa-village Apatug.The findings from the field study give an understanding of how the indigenous justice is practiced among the indigenous people Kichwa today and the cultural values that support it. The field study also shows that the Ecuadorian state is not succeeding in guaranteeing the human rights within the indigenous justice. Especially the failure of protecting its citizens from corporal punishments is a violation of human rights.
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Winter, Christine Jill. "The Paralysis of Intergenerational Justice: decolonising entangled futures." Thesis, The University of Sydney, 2018. http://hdl.handle.net/2123/18009.
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The lives of Indigenous Peoples, their compatriots, future generations, nonhuman, and physical environments are inextricably entangled. Intergenerational environmental justice (IEJ) examines aspects of that entanglement. Specifically, it focuses on obligations and duties to provide future generations with environments in which to flourish. I argue there are three fundamental, interrelated weaknesses in existing theories of IEJ. First, theories take insufficient regard of power relations in settler states. Not only are political and judicial systems framed within Western traditions, but so too are justice theories. Theorists, therefore, appear to endorse and perpetuate the assimilationist project. Second, these theories do not account for entanglements of human cultures, human-nonhuman, past, present and future generations in an adequately inclusive manner. These theoretical oversights exclude aspects of Indigenous people’s philosophies and extant lifeways within their frameworks. The theories are unable to accommodate the multiple temporal, spatial and interspecies entanglements that define aspects of Indigenous identity and being. Third, bound by specific ontological parameters, IEJ becomes paralysed in a web of seemingly intractable problems for human and nonhuman within the settler states. To make these arguments, I draw on IEJ theories, critical and decolonial scholarship, and Aotearoa Māori and Australian Aboriginal philosophic perspectives. Case study examples demonstrate that in at least two settler states existing theories of IEJ become unworkable at the intersection with Indigenous communities drawing from different philosophical foundations. Māori and Aboriginal philosophic approaches to IEJ highlight two things. First, Western IEJ limits the agency of Indigenous communities to fulfil obligations and duties to past and future generations—human and nonhuman—and the environment. And second, by decolonising theory it is feasible to ensure Indigenous and non-Indigenous members of the settler states are embraced by theory, addressing the iniquity of assimilationist practice. Decolonised IEJ embraces multiple entanglements—Indigenous-settler, human-nonhuman, past-present-future—freeing it from a paralyses caused by Western ontological framings.
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Gomez-Isaza, Lina Maria. "Aboriginal people in a time of disorder : exploring indigenous interactions with justice in Colombia." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/27951.
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This study of law and aboriginal people in Colombia builds on the premise that law is a form of local knowledge and that state law is reshaped locally, producing outcomes unanticipated by the state itself. Comaroff’s (2001) idea of lawfare, in which the state uses a legal regime to erode local autonomy, reflects the current reality in Colombia, but this notion does not explain this situation entirely. My data come from interviews with aboriginal leaders, experience as a public servant and reading of academic and popular literature. This case study of the Justice and Peace Law of 2005 examines legal processes of the state and aboriginal communities’ public responses to the state and their own internal debates and processes. In the end, I was able to explore the intersection of the state and aboriginal people. Colombia’s unique violence, product of political struggles and economical interests, was supposed to disrupt society has, paradoxically, strengthened community ties. I have drawn three major conclusions to my argument. First, the passage of the JPL has inadvertently strengthened solidarity amongst the Embera – Chamí and other aboriginal groups. Second, this strengthening of solidarity has itself increased indigenous identity; and third, aboriginal justice practices have been transformed and solidified. This too has strengthened community cohesion.
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Navarro-Smith, Alejandra. "Structural racism and the indigenous struggle for land, justice and autonomy in Chiapas, Mexico." Thesis, University of Manchester, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.488309.
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Fall, Papis. "Les déportés de la Sénégambie et du Soudan : entre résistances et répressions dans un espace colonial de 1840 à 1946." Electronic Thesis or Diss., Sorbonne université, 2023. http://www.theses.fr/2023SORUL074.
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La problématique de la déportation ou des déportés d’Afrique de l’Ouest, durant l’ère coloniale, n’est pas assez prise en charge par l’historiographie africaine d’expression française et même anglaise qui s'est davantage appesantie plus sur les guerres, les résistances et leurs différentes formes. Ce faisant, une réalité d’un pan de l’histoire coloniale reste plus ou moins méconnue. C'est pourquoi nous voudrions étudier le thème suivant, qui a été et demeure d’une actualité brûlante: « Les déportés de la Sénégambie et du Soudan : entre résistances et répressions dans un espace colonial de 1840 à 1946 ». Les acteurs de cette histoire des déportés sont des figures emblématiques et/ou de simples anonymes, qui ont voulu défendre la terre de leurs ancêtres, diriger les destinées de leurs peuples, lutter pour le maintien des valeurs et des traditions africaines. L’histoire de « ces soldats du refus » – à savoir les chefs religieux, les combattants au service de l’islam et des valeurs ou croyances ancestrales et les chefs politiques auxquels s’ajoutent les aliénés mentaux, les bandits sociaux et délinquants, les hommes de presse, les partisans et/ou disciples des chefs et même les tirailleurs sénégalais – mérite d’être examinée. Cette thèse s’inscrit dans les questionnements d’une histoire coloniale attentive aux enjeux de la répression et du maintien de l’ordre. Face au refus manifeste des meneurs de troupes ou créateurs d’émotions de se résigner au diktat colonial, la réponse donnée par les autorités coloniales était, entre autres, de les déporter/emprisonner, les assigner en résidence surveillée, leur interdire de séjour, pour leur couper toute forme de communication, tout contact avec leur entourage et les mettre ainsi hors d’état de nuire. Dans de nombreux cas, il s'agissait d'une forme d'emprisonnement, ce qui nous conduit à l'étude du milieu carcéral qui dévoile les formes d’évitement, les conditions de vie des déportés, l’architecture liée aux questions sécuritaires, etc. L’application de cette technique de répression, entrant dans la logique des politiques de sécurité, était une manière de freiner l’élan des chefs et d’anéantir toutes les résistances coloniales. L'étude que nous souhaitons conduire vise surtout à cerner la place déterminante de la déportation dans le dispositif de répression coloniale, dans le maintien de l’ordre sécuritaire, de mainmise politique, de contrôle des hommes et des espaces, pour l’exploitation des colonies. La trame chronologique que ce travail tente d’éclairer va de 1840 à 1946, une période charnière de l’histoire coloniale en Afrique de l’Ouest, particulièrement en Sénégambie et au Soudan, en ce sens qu’elle est marquée par des transformations rapides à tous les niveaux (politique, économique, social et culturel). La déportation était-elle si fondamentale, si nécessaire pour la réalisation du projet colonial, le maintien de l’ordre sécuritaire ? Dans quelle mesure les déportés constituaient-ils un réel obstacle, une entrave à l’implantation et à l’imposition du pouvoir colonial ? Quel a été le rôle des acteurs de l’ordre dans le processus de déportation ? Cette thèse explore des thématiques majeures telles que les contextes de déportation, les abus de pouvoir des administrateurs coloniaux, l’Indigénat et la justice indigène, les motivations de la déportation, les multiples réponses des indigènes, leur arrestation et déportation, la place des agents/acteurs (armée, gendarmerie et police coloniales) dans le maintien, le rétablissement et/ou la protection de la stabilité et les conséquences politico-économiques d’une telle « technique de pouvoir»The problem of deportation or deportees from West Africa during the colonial era is not sufficiently addressed by French- and even English-speaking African historiography, which has focused more on wars, resistances and their different forms. In doing so, a reality of a part of colonial history remains more or less unknown. That is why we would like to study the following theme, which has been and remains of burning topicality: "The deportees of Senegambia and Sudan: between resistance and repression in a colonial space from 1840 to 1946". The actors in this story of the deportees are emblematic figures and/or simple anonymous, who wanted to defend the land of their ancestors, direct the destinies of their peoples, fight for the maintenance of African values and traditions. The history of "these soldiers of refusal" – namely religious leaders, fighters in the service of Islam and ancestral values or beliefs and political leaders to which are added the mentally insane, social bandits and delinquents, men of the press, supporters and/or followers of leaders and even Senegalese riflemen – deserves to be examined. This thesis is part of the questions of a colonial history attentive to the issues of repression and the maintenance of order. Faced with the manifest refusal of the leaders of troops or creators of emotions to resign themselves to the colonial diktat, the response given by the colonial authorities was, among other things, to deport/imprison them, to house arrest, to prohibit them from staying, to cut them off all forms of communication, any contact with their entourage and thus put them out of harm's way. In many cases, it was a form of imprisonment, which leads us to the study of the prison environment that reveals the forms of avoidance, the living conditions of the deportees, the architecture related to security issues, etc. The application of this technique of repression, part of the logic of security policies, was a way of slowing down the momentum of the leaders and annihilating all colonial resistance. The study we wish to conduct aims above all to identify the decisive place of deportation in the system of colonial repression, in the maintenance of security order, political control, control of people and spaces, for the exploitation of colonies. The chronological framework that this work attempts to illuminate goes from 1840 to 1946, a pivotal period in colonial history in West Africa, particularly in Senegambia and Sudan, in that it is marked by rapid transformations at all levels (political, economic, social and cultural). Was deportation so fundamental, so necessary for the realization of the colonial project, the maintenance of security order? To what extent did the deportees constitute a real obstacle, an obstacle to the establishment and imposition of colonial power? What was the role of law enforcement actors in the deportation process? This thesis explores major themes such as the contexts of deportation, the abuse of power by colonial administrators, indigénat and indigenous justice, the motivations of deportation, the multiple responses of indigenous people, their arrest and deportation, the place of agents/actors (army, gendarmerie and colonial police) in maintaining, restoring and/or protecting stability and the politico-economic consequences of such a "technique of power"
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Dewar, Paula Fernandes. "Aboriginal Genocide in Canada and Achieving Transitional Justice." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23693.
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The indigenous peoples of Canada have been severely mistreated since the period of European colonization and the founding of the country up to the end of the last century, resulting in serious human rights disparity. Aboriginal leaders, some politicians and members of the public are calling past actions, genocide. Principally a philosophical thesis, this paper deals with the question of the Government of Canada recognizing that their historical treatment of the indigenous peoples of Canada was genocide and whether, in light of the facts that have come to view in the past twenty years, it is the just response from the government; which I contend would result in aiding the nation to heal and move forward. The component parts for understanding this issue – the Aboriginals, history of the Indian Residential School System, genocide and culture, and transitional justice - are viewed through a conceptual analysis of these contexts, with post-colonial discourse narrative. In this way, one can judge based on merit the validity of the argument. I conclude with a philosophical analysis in normative ethics, that transitional justice and equitable rights fulfillment cannot move forward for all Canadians, if the label of genocide is not acknowledged as applicable to the era of the Indian Residential Schools.
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Norgren, Julia. "Ett spel för gallerierna? : En kvalitativ fallstudie av Vapsten samebys deltagande i gruvetableringsprocessen." Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-105610.
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This thesis is a qualitative case study of Vapsten sameby’s participation in the process of establishing a mine in the Rönnbäcken area in Storuman municiplity in Sweden. The mine in Rönnbäcken is a case that has been discussed extensively in the region during the last couple of years. The project is, on one hand, expected to engender job opportunities and economic growth, but on the other hand expected to have a large influence on the local environment and threaten the sami people’s traditional lifestyle. With background in environmental justice theory and theories of citizen participation this thesis emphasizes the meaningful involvement of minorities in decisionmaking. Due to this, Vapsten’s participation in the process has been studied. Further, Vapsten’s experience of their opportunities to participate has been outlined.Drawing upon Sherry Arnsteins model of citizen participation and Hans Wiklunds criterions of deliberation, Vapsten sameby’s participation is not ideal. This conclusion is confirmed by the experiences of representatives from Vapsten.
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Tipton, Joshua C. "Teacher Perceptions of Indigenous Representations in History: A Phenomenological Study." Digital Commons @ East Tennessee State University, 2017. https://dc.etsu.edu/etd/3180.
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This qualitative study addresses teacher perceptions of indigenous peoples representation in United States history. This phenomenological study was conducted within a school district in East Tennessee. For the purpose of this study, teacher perceptions of indigenous representations in history were defined as teacher beliefs towards the inclusion and representation of indigenous peoples in United States history. To gather data, both one-on-one and focus group interviews were conducted from a purposeful sample of United States history teachers from the high schools in the school district. Through an analysis of data derived from interviews and qualitative documents the researcher was able to identify themes such as systemic challenges to multiculturalism within state course standards and textbooks, teachers’ perceived self-efficacy in teaching their students using indigenous perspectives, and the perpetuation of indigenous stereotypes. Furthermore, the qualitative data derived from the study reveals that U.S. history courses in the district perpetuate both the notion of indigenous peoples as historical bystanders and the racial stereotypes of Native Americans. Findings from this study will be useful in evaluating both teacher training and instructional practice in regard to indigenous representations in history.
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Malbon, Justin Law Faculty of Law UNSW. "Indigenous rights under the Australian constitution : a reconciliation perspective." Awarded by:University of New South Wales. School of Law, 2002. http://handle.unsw.edu.au/1959.4/19044.
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This thesis examines the possibilities for building a reconciliatory jurisprudence for the protection of indigenous rights under the Australian Constitution. The thesis first examines what could be meant by the term ???reconciliation??? in a legal context and argues that it requires (1) acknowledgement of and atonement for past wrongdoing, (2) the provision of recompense, and (3) the establishment of legal and constitutional structures designed to ensure that similar wrongs are not repeated in the future. The thesis focuses on the last of these three requirements. It is further argued that developing a reconciliatory jurisprudence first requires the courts to free themselves from the dominant paradigm of strict positivism so that they are liberated to pay due regard to questions of morality. Given this framework, the thesis then sets out to examine the purpose and scope of the race power (section 51(xxvi)) of the Australian Constitution, with particular regard to the case of Kartinyeri v Commonwealth in which the High Court directly considered the power. The thesis concludes that the majority of the Court had not, for various reasons, properly considered the nature of the power. An appropriate ruling, it is argued, should find that the power does not enable Parliament to discriminate adversely against racial minorities. The thesis then proceeds to consider whether there are implied terms under the Constitution that protect fundamental rights. It is argued that these rights are indeed protected because the Constitution is based upon the rule of law. In addition constitutional provisions are to be interpreted subject to the presumption that its terms are not to be understood as undermining fundamental rights unless a constitutional provision expressly states otherwise. The thesis also considers whether there is an implied right to equality under the Constitution. The conclusion drawn is that such a right exists and that it is both procedural and substantive in nature.
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Franco, Peters M. R. "Conservation as a champion for social justice and cultural revitalization within South American Indigenous groups." Thesis, University College London (University of London), 2015. http://discovery.ucl.ac.uk/1467255/.
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Europeans’ arrival in the Americas ignited a process of colonization that produced slavery, acculturation, evangelization and the eventual extermination of many American Indigenous groups. This is still manifest in today’s social invisibility, lack of representation, and persisting stereotypes. South American Indigenous peoples seek articulations of public identities that express their cultural diversity while referring to their historic roots and communicating their contemporaneity. Collections originated by South American Indigenous peoples or related minorities can be used in more democratic articulations of history, and to enhance representation and visibility in society without compromising historic and social context. This thesis explores how conservators may facilitate these processes and how this could transform their discipline. It relates contemporary and recent contexts of conservation to the work of Paulo Freire (also Participatory Action Research advocates and Postcolonialist theorists) to illuminate the formation and maintenance of power structures and their possible reversals. Use of objects and collections is demonstrated with examples like the Bororo of Merure, the Tupinambá of Olivença (both in Brazil), and the Comuneros of San Cristóbal de Rapaz (Peru). This thesis argues that the cross-disciplinary nature of conservation and the different processes involved may provide spaces in which to articulate, negotiate and materialize new engagements. However, ideals of neutrality still implicit in contemporary conservation practice, although demonstrably misplaced, undermine such engagements. Conservation provides spaces that spawn examination and redefinition of structures of power, inside and outside the museum. The knowledge the conservation processes unveil should not be merely used to reinforce dominant knowledge but to create independent knowledge that may, in turn, reflect back on the discipline and strengthen it. Before that, conservators have to take ownership of their space and be ready to transform their own practice. Understanding the potential power entailed in the transformations provoked by conservation is part of conservators’ craft.
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Cantzler, Julia Miller. "Culture, History and Contention: Political Struggle and Claims-Making over Indigenous Fishing Rights in Australia, New Zealand and the United States." The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1306269394.
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Hogarth, Melitta D. "Addressing the rights of Indigenous peoples in education: A critical analysis of Indigenous education policy." Thesis, Queensland University of Technology, 2018. https://eprints.qut.edu.au/118573/1/Melitta_Hogarth_Thesis.pdf.
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For far too long, Aboriginal and Torres Strait Islander peoples' voices have been silenced. This study critically analyses the National Aboriginal and Torres Strait Islander Education Strategy 2015 through the lens of the Coolangatta Statement on Indigenous peoples' rights in Education. Focus is placed on how the Strategy addresses the rights of Aboriginal and Torres Strait Islander peoples in education when seeking to improve the educational attainment of Indigenous primary and secondary students. In turn, the representations of Aboriginal and Torres Strait Islander students, parents and communities are explored and established.
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Posselwhite, Kaitlyn. "Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent." Master's thesis, Faculty of Humanities, 2019. http://hdl.handle.net/11427/30528.
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The ongoing reconciliation process in Canada has been criticized for failing to recognize the larger project of ongoing settler colonialism and for its inability to meaningfully respond to the aspirations and demands of Indigenous peoples for self-determination. However, in the Truth and Reconciliation Commission’s final report, the important recommendation was made for
Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples, the most accomplished proclamation of Indigenous peoples’ rights, especially their right to selfdetermination, as the framework for reconciliation in the country. Following the Commission’s recommendation, the Canadian government committed itself to implementing the Declaration, including its free, prior and informed consent requirement, into the country’s legislation. This is significant for settler colonial violence in Canada continues to manifest itself in a multitude of ways, including through imposed resource extraction projects and environmental violence, which dispossesses Indigenous peoples of their land, violating their right to self-determined social, cultural and economic development, and thus, denying them their dignity. Through an application of Atuahene’s theoretical framework of Dignity Takings and Dignity Restoration, this dissertation conceptualizes eliminatory resource exploitation projects and
associated environmental violence as dignity takings in a settler colonial context, whereby Indigenous peoples are dispossessed of their land, as well as their right to self-determination. It then explores the potential role the implementation of the United Nations Declaration on the Rights of Indigenous Peoples free, prior and informed consent requirement, which affirms that Indigenous people should make decisions on matters affecting their lands and/or people, can have for meaningfully restoring Indigenous peoples’ dignity, and thereby affirming their unqualified right to self-determination in settler colonial Canada. The findings demonstrate that while the free, prior and informed consent requirement’s regulatory and normative framework at the international level has the potential to meaningfully restore dignity to Indigenous peoples in theory, an assessment of the requirement’s implementation in the Canadian context reveals the considerable influence national politics and institutional norms have in shaping the requirement’s effective implementation, operationalization and dignity restoring potential.
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Trapnell, Lucy. "The voices of Indigenous Peoples’ Elders in teacher training." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/112541.
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A lo largo de las últimas décadas se ha venido planteando la necesidad de problematizar la manera como se construye el conocimiento y de poner en evidencia las relaciones entre conocimiento y poder. Una valiosa innovación, que busca abrir la educación superior a la inclusión de nuevos actores y nuevas voces, ha sido la redefinición del equipo formador de algunos institutos superiores pedagógicos y universidades convencionales para incluir conocedores y conocedoras de los pueblos originarios. No obstante, en este artículo argumento que su participación en los procesos de formación docente no necesariamente garantiza el desarrollo de prácticas que hagan evidente la existencia de formas de pensar alternativas al conocimiento hegemónico ni las múltiples formas como se producen. Para que esto ocurra, es necesario tomar conciencia de la compleja relación entre conocimiento y poder, y analizar la forma como esta se expresa en la formación superior y, de manera concreta, en la institución formadora. Sustento este argumento en la experiencia del Programa de Formación de Maestros Bilingües de la Amazonía Peruana (Formabiap), al cual he acompañado a lo largo de los últimos veintinueve años, en mi experiencia directa y en sistematizaciones y evaluaciones internas y externas del programa.During the last decades the need to question the way in which knowledge is constructed as well as its relation with power issues has come forward. An important innovation in some teacher training colleges and conventional universities is the redefinition of the teaching staff. They have included indigenous elders as an attempt to open higher education to the inclusion of new actors and new voices. However, in this article I argue that the participation of indigenous elders in teacher training processes, does not necessarily guarantee the development of practises that will highlight the existence of ways of thinking alternative to hegemonic knowledge nor the multiple ways in which knowledge is produced. For this to happen consciousness must be gained regarding the complex relations between knowledge and power, and the way in which it is expressed in higher education in general and in specific academic spaces. Drawing from the experience of the Teacher Training Programme of the Peruvian Amazon (Formabiap), which I have accompanied during the last 29 years, I sustain my argument with information gained through my direct experience with the Programme and from documents, studies and internal and external evaluations of its process.
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Marchetti, Elena Maria. "Missing Subjects: Women and Gender in The Royal Commission Into Aboriginal Deaths in Custody." Thesis, Griffith University, 2005. http://hdl.handle.net/10072/366882.
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Although the Australian Royal Commission into Aboriginal Deaths in Custody (RCIADIC) tabled its National Report over a decade ago, its 339 recommendations are still used to steer Indigenous justice policy. The inquiry is viewed by many policy makers and scholars as an important source of knowledge regarding the post-colonial lives of Indigenous people. It began as an investigation into Indigenous deaths in custody, but its scope was later broadened to encompass a wide range of matters affecting Indigenous Australians.
There have been numerous criticisms made about the way the investigation was conducted and about the effectiveness and appropriateness of the recommendations made. Of particular relevance to this thesis are those criticisms that have highlighted the failure of the RCIADIC to consider the problems confronting Indigenous women. It has been claimed that although problems such as family violence and the sexual abuse of Indigenous women by police were acknowledged by both the RCIADIC and other scholars as having a significant impact upon the lives of Indigenous women, the RCIADIC failed to address these and other gender-specific problems. The RCIADIC reports themselves do not contradict these claims since they explicitly state that the RCIADIC was primarily concerned with the problems faced by Indigenous men and youth. This thesis is a critical analysis of the way in which the problems confronting Indigenous women were considered in the Indigenous texts of the Aboriginal Issues Units (AIUs) and in the official reports produced by the RCIADIC, the extent to which these considerations differed, and the reasons why the RCIADIC responded to the problems relating to Indigenous women in the way that it did. Data were collected from close readings of the Indigenous texts and official reports and from 48 interviews with people who either worked for the RCIADIC or were in some other way associated with the RCIADIC. There are two analyses conducted in the thesis. The content analysis is an intersectional race and gender analysis of the Indigenous texts and official reports with a view to identifying the extent to which the RCIADIC failed to address the concerns of Indigenous women. The procedures analysis is a critical analysis of the principal ideological and procedural reasons for the RCIADIC's focus upon men and Indigenous youth and its resultant marginalisation of Indigenous women. The thesis concludes that although the RCIADIC did not completely ignore Indigenous women, it inadequately considered the problems that posed major risks to their health and safety, namely, family violence and police treatment. The official reports of the RCIADIC contained information about housing, offending patterns of Indigenous women, the problems associated with visiting family members in prison, and the need to inform families of a death in custody and of post-death investigations which was not contained in the Indigenous texts. Importantly, however, the official reports more than the Indigenous texts took a 'community-focused' approach to the problems faced by Indigenous people, and this approach was ultimately framed in a way which emphasised the needs of Indigenous males and youth rather than that of Indigenous women. Finally, the thesis identifies seven principle reasons for the male-centred focus of the RCIADIC, the most important of which were the emphasis placed on male-centred politics ahead of the concerns of Indigenous women, by Indigenous people and RCIADIC staff, the liberal legal ideology informing the choices of the predominantly male lawyers who controlled the inquiry, and the time and resource constraints imposed on the RCIADIC by federal, State and Territory governments.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Criminology and Criminal Justice
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Litanga, Patrick B. "Indigenous Legal Traditions in Transitional Justice Processes: Examining the Gacaca in Rwanda and the Bashingantahe in Burundi." Ohio University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1331746081.
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Ciftci, Sarah Kim. "Between ‘Two Worlds’: Examining the Aboriginal Care Circle Program as a Space of Indigenous Justice in Child Protection." Thesis, The University of Sydney, 2022. https://hdl.handle.net/2123/28104.
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The forced removal of Indigenous children from their families and communities was one of the most aggressive colonial strategies of extermination, ‘protection’ and assimilation in Australian history. Bringing Them Home made compelling recommendations for ways forward grounded in the right of Indigenous peoples to self-determination and in light of the failings of contemporary child protection systems. Nearly 25 years on, Indigenous children remain significantly overrepresented in all child protection jurisdictions across Australia
The NSW Children and Young Persons (Care and Protection) Act (1998) recognises principles of Indigenous justice pertaining to participation (s11), self-determination (s12) and placement of Indigenous children within Kinship systems (s13). The Aboriginal Care Circle program aimed to give practical force to these Indigenous justice principles. This thesis is a critical socio-legal examination of Care Circles as a space of Indigenous justice. Concepts of hybridity, recognition and whiteness inform the study. An inductive, qualitative approach was utilised involving observations, interviews and discussion circles.
Results reveal the inherent tensions arising from attempts to reconcile Indigenous justice principles with the ideologies underpinning the child protection system. Participant accounts showed how these ‘two worlds’ operate in opposition and the values of the mainstream child protection system are prioritised. Indigenous rights to culture and decision-making are simultaneously included and excluded and the authority of the state is reinforced. Specific social actors within this space advanced an Indigenous justice framework while others hindered the capacity of the Care Circle to balance the competing interests of these ‘two worlds’.
The thesis concludes that models such as Care Circles do little to disrupt the power imbalances between the state and Indigenous families and communities. Given that Care Circles operate within a liberal regime of recognition in which whiteness is epistemologically privileged, demands for genuine self-determination and the valuing of Indigenous cultures in the child protection context remain aspirational. In order to overcome this, Indigenous control over Indigenous child welfare needs to be structurally recognised.
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Aliu, Bello Ayodeji. "The African Court on Human and Peoples’ Right: A test of African notions of human rights and justice." University of the Western Cape, 2019. http://hdl.handle.net/11394/6630.
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Doctor Legum - LLDThe African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until the Organisation of African Unity (OAU) promulgated a protocol for its creation in 1998. The Court complements the protective mandate of the African Commission on Human and Peoples’ Rights (‘The Commission’) and the Court has the competence to take final and binding decisions on human rights violations. Unlike its European and inter-American versions where their courts are integral parts of the cardinal instrument of the system ab initio, the establishment of the African Court was merely an afterthought. At the initial, protection of rights rested solely with the Commission upon African justice system which emphasises reconciliation as it is non-confrontational method of settlements of. The Commission is a quasi-judicial body modelled after the United Nations Human Right Committee without binding powers and with only limited functions covering examination of State reports, communications alleging violations and interpreting the Charter at the request of a State, the OAU or any organisation recognised by the OAU. The thesis answers the question whether the adoption of the African Court means that the African model of enforcing human rights has failed or whether having the Court constitute a concession to the triumph of the western model of law enforcement. The imperative of the 30th Ordinary Session of the OAU in 1994 where the creation of an African Court of Human and Peoples’ Rights was viewed as the best way of protecting human rights across the region would be treated. The relevance of such an examination is highlighted by the fact that the African Charter did not make any provision for the establishment of a Court to enforce the rights guaranteed thereunder. If we are to assume that justice by reconciliation has failed and should be replaced by or complimented with justice by adjudication as the primary means of conflict resolution, what guarantees are there that the latter form of justice will not also fail? This thesis therefore will critically evaluate the African Court on Human and Peoples’ Rights and assessed its potential impact on the African human rights system. It will also probe the power of the Court and see whether a clear and mutually reinforcing division of labour between it and the African Commission can be developed to promote and protect human rights on the continent. This research brings to focus an area that requires attention if the African human rights regime is to be effective. It put to test the criticism against the African Charter and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights and also identified the present existing flaws in the African regional system. Furthermore, it ascertained whether or not, given the availability of other options, a regional Court is, in fact, the ideal mechanism for the protection of human rights in Africa.
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Embrey, Monica. "A Place Like This: An Environmental Justice History of the Owens Valley - Water in Indigenous, Colonial, and Manzanar Stories." Scholarship @ Claremont, 2009. http://scholarship.claremont.edu/pomona_theses/72.
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This text provides an environmental justice analysis of the stories of the people who lived in the Owens Valley, who watered its land and cultivated its crops—pine trees, apple trees, and kabocha alike. Telling the personal stories of challenge and resistance that manifested alongside the oppressive forces of military and state domination provides the opportunity to align forcibly relocated, exploited and incarcerated people’s struggles throughout time. This text starts with The Nü’ma Peoples who were the first humans to live in the Owens Valley and continues with the struggle for empire between rival colonial empires of agriculture and distant urban cities. Its final chapters end with an in-depth and personal exploration of the unconstitutional incarceration of 117,000 people of Japanese ancestry in the United States during World War II. All the while it weaves in poetry, art and grassroots stories of resistance. It is a call to action for Environmental Studies and Ethnic Studies Departments to link the critical analysis within their disciplines to tell more accurate histories.
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Khadka, Narayan B. "Tharu Barghar-Mukhiya Indigenous Model: A Case Study of Tharu Community of Nepal." NSUWorks, 2016. http://nsuworks.nova.edu/shss_dcar_etd/47.
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This research explores the indigenous conflict resolution processes practiced by the Tharu community living in Nepal’s Bara, Dang and Bardiya districts, the role of Tharu traditions and customs, and the function of the Barghar-Mukhiya. Due to geographic and monetary challenges experienced by the Tharu accessing Nepal’s formal justice system, they continue to serve as a viable and vibrant vehicle for resolving minor and major conflicts at the community level and form the basis of researcher’s Barghar-Mukhiya model. Shaped by Tharu collectivist culture and traditions, it supports the social fabric of the community. Utilizing qualitative case study methodology, this research assesses important aspects of the Barghar-Mukhiya model, processes and impact. Primary data sources include individual and focus group interviews, and researcher observations; and, secondary sources include document collections and archival material. Research findings explore six emergent themes: Rituals/Festivals, Inclusion/Dialogue, Identity/Security, Structure/Barghar-Mukhiya, Process/Reconciliation Processes, and Participation/Acceptance. This model is assessed for strengths and challenges. Where it is practiced, it continues to help maintain community harmony and peace. The model’s core of restorative practices, forgiveness, reconciliation, consensus-based decision-making, and use of dialogue circles is instrumental in transforming conflicts. This research contributes to the field of peace and conflict studies, providing analysis of an indigenous model that strives to reach a balance between traditional beliefs and the modern judicial system.
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Milward, David Leo. "Raven grows new feathers : realizing contemporary Indigenous visions of justice in Canada through the culturally sensitive interpretations of legal rights." Thesis, University of British Columbia, 2009. http://hdl.handle.net/2429/14525.
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Indigenous peoples in Canada demand self-determination over criminal justice for a number of reasons. Indigenous approaches to justice that resemble restorative justice are thought to be more effective in dealing with Indigenous criminality, to promote the healing of offenders and victims, and to promote relationship reparation in Indigenous communities. Indigenous punitive sanctions such as corporal punishment may also provide a briefer deterrent alternative that avoids the hardening conditions of prisons.
Indigenous peoples have little room to pursue these visions of justice. Canadian laws and policies accords only minor accommodations of Indigenous approaches to justice. This is sustained by a political culture that often demands harsher sentences to assure deterrence and public safety. Judicial treatment of the Aboriginal rights provision of the Constitution Act, 1982, provides limited scope for Indigenous peoples to litigate or negotiate for rights to substantive criminal jurisdiction.
One approach to overcoming this is to litigate for an Indigenous right of internal autonomy. It gives Indigenous peoples a better position to demand greater accommodation for their justice practices. Another approach is for Indigenous communities to explore avenues for their own economic development, so that they can their own justice systems, free of external influence, to meet their needs.
If Indigenous self-determination becomes a reality, there is another issue that is imperative to address. What happens when Indigenous individuals assert their legal rights under the Canadian Charter of Rights and Freedoms against their own justice systems? This engages a tension between Indigenous justice traditions that emphasize collective well-being and individual rights.
There is a method for resolving this tension. The Royal Commission on Aboriginal Peoples explored the concept of culturally sensitive interpretation of legal rights, re-interpreting legal rights under the Charter to better reflect Indigenous justice traditions while still leaving in place meaningful safeguards against the abuse of collective power. This dissertation puts culturally sensitive interpretation into action by exploring specific proposals with reference to specific rights in the Charter.
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Santana, Faria Natália. "Mediated Justice : Mapping news media narratives about indigenous peoples’ rights and the mining conflicts in Renca (Brazil) and Gállok (Sweden)." Thesis, Stockholms universitet, JMK, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-159676.
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Conflicts between the mining industry and traditional communities have been challenging indigenous peoples’ rights and endangering the environment around the world. The purpose of this study is to gain a broad perspective on the role of media representations in framing (or misframing) justice (Fraser 2009) and in reflecting (or not) media responsibility (Silverstone 2017) when reporting such events. Although recent studies have analysed news media coverage of environmental conflicts from a similar theoretical approach, few studies have addressed this inquiry through narrative analysis. Particularly, considering cases from both developed and developing countries, different media ecologies (mainstream and alternative), and scales of production and distribution (national and international). This is the gap that motivates this study. The material consists of 54 articles from diverse new media sources that have reported on two contemporary mining conflicts: the Renca mining reserve in Brazil, and the Gállok/Kallak iron mine in Sweden. The analysis focuses on how the narrator conducts the stories by mapping and comparing the structural and discursive patterns found in the material. The findings show that, in both cases (Brazil and Sweden), the majority of narratives are grounded in Western-centric perspectives that tend to misframe justice. In contrast, the results suggest that fairer and more responsible narratives are the ones told from an absolute local (Cavarero 2012) perspective.
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Sigamany, Indrani. "Mobile indigenous people's use of the 2006 Forest Rights Act in India : access to justice, gender equality, and forest governance." Thesis, University of York, 2016. http://etheses.whiterose.ac.uk/17028/.
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Access to justice remains uneven and elusive for indigenous peoples dispossessed of their lands. The Forest Rights Act of India (2006) promises land security for forest peoples displaced from ancestral lands by the combined forces of colonial forest resource extraction and contemporary free-market economic development, which have disregarded customary indigenous land rights. This research challenges the assumptions: land rights legislation necessarily contributes to access to justice, and governments serve the interests of citizens in a democratic system such as India. I posit that justice is subverted by: a legal chronology of land expropriation during colonial occupation; contemporary neoliberal policies; and administrative injustice. These issues encouraged legal violations and exacerbated land dispossession. Socio-economic and gender inequalities and marginalization of mobile indigenous peoples compounds their land dispossession, and economic, social, legal disenfranchisement. Against this backdrop of disenfranchisement, the Forest Rights Act revolutionizes the potential of challenging land dispossession, and substantive rights become a metaphor for indigenous empowerment. Offering evidence that indigenous peoples have inadequate access to justice, I contend that economic policies need to collaborate with and reinforce political and judicial aspects. Triangulating scholarships on 1) access to justice, 2) economic policies, 3) forest governmentality, 4) gender discrimination and 5) legal literacy, this study seeks to reconcile these scholarships with empirical data on expropriation of forest land and the effects of the Forest Rights Act on indigenous access to justice in India. This research seeks to establish a new analytical framework which contextualizes control of indigenous forest rights through access to justice.
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Vander, Veen Sarah. "Mock jurors' attitudes toward aboriginal defendants: a symbolic racism approach /." Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2688.
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Demosthenous, Catherine M. "Race Matters in Talk in Inter-Racial Interaction." Thesis, Griffith University, 2009. http://hdl.handle.net/10072/365423.
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Contemporary research indicates that Indigenous people are under-represented in the Australian higher education sector and that on-campus university relations and communications between Indigenous and Non-Indigenous persons may be a problem. However, actual talk in interaction between Indigenous and Non-Indigenous Australians in university settings has not been examined. Drawing on Ethnomethodology (EM) and its analytic methods, Conversation Analysis (CA) and Membership Categorisation Analysis (MCA), this study examines interaction between Indigenous and Non-Indigenous persons, who are participating in a focus group activity discussing experiences of university in a university setting in Australia.
Data are audio-recordings of non-contrived focus group interaction between Indigenous and Non-Indigenous persons. These are transcribed using the Jeffersonian transcription system.
This study’s examination of linguistic, conversational and categorial resources shows that race matters to experiences of university. Application of the inclusive/exclusive distinction to an examination of ‘we’ in retrospective accounts distinguishes the categories of person that participants include in their experiences of university. Primarily it shows that these Indigenous participants report sharing university experiences with racial co-members, that is, with other Indigenous persons. On rare occasions when Indigenous participants did include Non-Indigenous persons as co-members in shared experiences, they did so to emphasise their isolation within racial cross-member tutorial-classes.
In contrast, these Non-Indigenous participants report sharing university experiences with persons from a range of categories. Non-Indigenous participants were found shifting the talk from race matters to non-race matters. This allowed Non-Indigenous participants a turn-at-talk, and was found to diffuse potentially adverse consequences resulting from using race as a category in recounting experiences. Further, the study shows Non-Indigenous participants distance and disalign themselves from the problem of Non-Indigenous people, and therefore from assuming responsibility for racist actions reportedly perpetrated by members of their own racial groups.
As these Indigenous and Non-Indigenous participants discuss sensitive race matters, they manage to align and agree with each other. They accomplish this by organising their talk with a preference for agreement; all the while, assembling a social world in which race matters in significant and sundry ways.Thesis (Professional Doctorate)
Doctor of Education (EdD)
School of Education and Professional Studies
Arts, Education and Law
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Brandt, Hans-Jürgen. "Communitarian Justice and the Struggle for a Law, Which Regulates the Coordination of the Judicial Systems." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115307.
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The Constitution of Peru claims a law, which regulates the coordination of the indigenous justice with the national judicial system. But since 1993 when the Constitution was enacted, Congress has failed to fulfill this task. The article describes the problems resulting from this legal vacuum and substantiates the need for a law of intercultural coordination of the judiciaries. However, the content of the required law is controversial. In the discussion four currents of opinion can be determined. The end points are characterized, on the one hand, by the «minimalists», who want to reduce the legal competences of the communities to a minimum, and the «maximalists», on the other hand, who advocate unlimited competences of the indigenous judiciary. The article analyzes the arguments of the different currents of opinion and identifies the challenges of the legislative work.La Constitución Política del Perú reclama una ley de coordinación de la justicia comunitaria con las instancias del Poder Judicial. Sin embargo, el Congreso sigue, desde 1993 cuando se promulgó la Carta Magna, sin cumplir con esta tarea. El artículo describe los problemas que resultan de este vacío legal y fundamenta la necesidad de la Ley de Coordinación Intercultural de Justicia. No obstante, el contenido de la ley es controvertido. En el debate se puede determinar cuatro corrientes de opinión. Los extremos son representados, por un lado, por los «minimalistas», que quieren reducir las facultades de los fueros comunitarios a un mínimo, y los «maximalistas», por el otro lado, que reclaman competencias ilimitadas para las instancias comunales. El artículo analiza los argumentos de las diferentes corrientes e identifica los retos de la tarea legislativa.
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Kayitare, Frank. "Respect of the right to a fair trial in indigenous African criminal justice systems : the case of Rwanda and South Africa." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1087.
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"As already mentioned, gauranteeing the right to a fair trial aims at protecting individuals from unlawful and arbitrary curtailment or deprivation of other basic rights and freedoms. The fundamental importance of the right to a fair trial is illustrated not only by international instruments and the extensive body of interpretation it has generated, but most recently, by a proposal to include it in the non-derogable rights stipulated in article 4(2) of the ICCPR. Standards for a fair trial may stem from binding obligations that are included in human rights treaties to which a state in examination is a party, but they may also be found in documents and practices which, though not binding, can be taken to express the direction in which the law is evolving. One of the problems is that law and human rights have been viewed largely as Western concepts, and are therefore defined and valued by Western criteria. This leads to a number of difficulties. First, there are many non-Western societies in which law and human rights thus defined, is impractical and mechanisms of protecting human rights in non-Western justice systems are not recognised as comparable counterparts to those in Western societies. Secondly, African states have failed to abide by their international fair trial obligations because, probably, these standards are impractical given the realities like poverty, illiteracy and strong cultural beliefs that characterise most African communities. As a result, the law applied by the Western style courts is felt to be so out of touch with the needs of most African communities, and coercion to resort to them amounts to denial of justice. This explains why communities, especially in the rural Africa, resort to indigenous African justice systems irrespective of state recognition or otherwise. Upon realisation that the Western style of justice did not respond to the prevailing post-genocide situation for example, the government of Rwanda re-established traditional courts to help deal with the crime of genocide and foster reconciliation. A Gacaca court is constituted of a panel of lay judges who coordinate a process in which genocide survivors and suspected perpetrators and the latter between themselves confront each other. They, and the community, participate by telling the truth of what happened; who did what during the genocide, and then the judges, based on the evidence given to them, decide on the case. These judges are elected by their respective communities for their integrity, not their learning. However, human rights organisations argue that Gacaca proceedings violate the accused persons's fair trial rights. They question among other things capacity of lay judges who make decisions in these courts, to conduct a fair trial. They also contend that Gacaca does not guarantee the right to be presumed innocent because it requires confessoins and that defendants are denied legal representation. In South Africa, traditional courts (konwn as chiefs' courts) exist. They have played a crucial role in dispensing justice in the indigenous communities and are prototypes of the kind of dispute resolution mechanisms desirable in a modern society. They apply 'people's law', which developed as a result of lack of legitimacy of the Western system of justice among the indigenous South Africans. However, critics see them as conservative and unable to render justice in the modern social, economic and political climate in South Africa today. As a result, Western style court proceedings that are conducted in foreign languages to indigenous communities, and thus have to rely on inaccurate and unreliable interpreters in addition to costs for legal counsels and subjection to very technical and formal procedures, are the only alternative in criminal matters. Briefly, the major problem is to ascertain whether indigenous African criminal justice systems do, or otherwise conform to fair trial standards. If they do not, according to who are they not fair? In other words, is there a universal measure of fairness or does appreciation depend on people's enviornment and their socio-economic backgrounds, in which case, the beneficiaries of indigenous African criminal justice systems should be the ones to appreciate its fairness?" -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Prof. Nii Ashie Kotey at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Pates, Rebecca. "A philosophical investigation of punishment /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82943.
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Neither currently prevalent justifications of punishment, nor a modified, contractarian version of a justification that I develop here, can be used to justify actual state punishment, even if some forms of punishment may remain legitimate. I argue in this thesis that alternative punitive practices such as developed by some Canadian aboriginal communities are more likely to conform to the criteria of punitive justice developed by standard justifications, as well as being more likely to conform to criteria developed in feminist ethics.
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Lembke, Magnus. "In the Lands of Oligarchs : Ethno-Politics and the Struggle for Social Justice in the Indigenous-Peasant Movements of Guatemala and Ecuador." Doctoral thesis, Stockholm : Department of Political Science in cooperation with the Institute of Latin American Studies, Stockholm University [Statsvetenskapliga institutionen, Stockholms universitet], 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-1238.
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Balzac, Josephine M. "CAFTA-DR's Citizen Submission Process| Is It Protecting the Indigenous Peoples Rights and Promoting the Three Pillars of Sustainable Development?" Thesis, The George Washington University, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=1537313.
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The Central American population consists of a majority of indigenous people and the parties to the Central American Free Trade Agreement (CAFTA-DR) must strive to protect the culture, heritage and rights of the region’s people. Trade agreements must recognize the rights of the indigenous peoples that are affected by environmental degradation resulting from trade activities, which can result in the forceful removal of their lands. The balance between the three pillars of sustainable development must be struck because international trade is necessary by fueling much of the economic growth in the developed world. Public engagement of the indigenous people through participation, information, consultation and consent are necessary to fulfill the goals of sustainable development and protect their right to property and traditional lands. We have to continue to incorporate the objectives of sustainable development in free trade agreements in order to preserve the global environment for future generations.
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Cannon, Jonathan. "Reading between the crimes: Online media’s representation of Aboriginal and Torres Strait Islander people’s interaction with the criminal justice system in post-apology Australia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2018. https://ro.ecu.edu.au/theses/2140.
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Australian research confirms that Aboriginal and Torres Strait Islander people experience high levels of social inequality, racism and injustice. Evidence of discrimination and inequality is most obvious within the criminal justice system where they are seriously over-represented. The Australian news media plays a large part in reinforcing Aboriginal and Torres Strait Islander inequality, stereotypes and racist ideology within specific situations such as the Northern Territory Emergency Response and the Redfern riots. This study widens the scope from how the media reports a single criminal justice event to how the media reports Aboriginal and Torres Strait Islander people’s interaction with the criminal justice system. The study relies on Norman Fairclough’s (2003) theory of critical discourse analysis to analyse critically 25 Australian online news media articles featuring Aboriginal and Torres Strait Islander people. Specifically, the study applies Fairclough’s (2003) three assumptive categories (existential, propositional and value). It identifies discourse reinforcing dominance and inequality within those media articles and reveals two major findings. The first significant finding is the unwillingness of any article to challenge or question the power structures that reinforce or lead to Aboriginal and Torres Strait Islander inequality. The second major finding involves three ideologies within the text communicating racism and inequality: neo-colonial, neo-liberal assimilation and paternalistic ideologies. The concern is that although the twenty-five news media articles appear neutral, the critical analysis reveals racist ideologies being communicated and an unwillingness to challenge the power structures that create these. This position suggests that racism is not just a problem of a bygone era—it is a contemporary issue continuing at a deeper level nestled in the underlying assumptions and ideologies found within news media discourse. These findings would bring awareness to the media’s discursive practices and generate further discussion and research to address the discursive structures responsible for perpetuating the systemic harm to Aboriginal and Torres Strait Islander people.
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Ravindran, Subahari. "A critical comparison of the similarities and differences in the conceptualisation of disability between Indigenous people in Australia and New South Wales disability service agencies." Thesis, Discipline of Occupational Therapy, 2016. http://hdl.handle.net/2123/14210.
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This thesis critically compares the conceptualisation of disability in the public discourse between Indigenous people and New South Wales (NSW) government and non-government disability service agencies. This study explores intersections of the conceptualisations of disability at the Cultural Interface using the Occupational Justice Framework (Gilroy, 2009; Durocher, Gibson and Rappolt, 2014). This thesis consists of two sections. Section 1: Literature Review Section 2: Journal manuscript The first section of this thesis is the literature review. The literature review examines the low participation rate of indigenous people in disability services and the need for culturally appropriate disability services for Indigenous people. In order to ensure culturally appropriate services are provided for Indigenous people, the Western and Indigenous perspectives of disability need to be understood and each are discussed in turn in the literature review. The review initially discusses the Western conceptualisation of disability, followed by the Indigenous conceptualisation of disability. The review also explores how both Indigenous and Western perspectives on disability influence each other. The developments in disability conceptualisation throughout history are also discussed, followed by the current literature that led to the development of this study. The second section of this thesis is a journal manuscript. The journal manuscript explores the intersections and tensions between Indigenous people and NSW government and non- government disability service agencies regarding the conceptualisation of disability. The journal manuscript also examines the outcomes and implications of the findings.
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Castro, Reyes Johaan. "La justice sociale dans les pratiques pédagogiques postrévolutionnaires au Mexique : 1921-1940." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCB189/document.
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Cette thèse de socio-histoire, basée sur l'exploitation d'archives nationales du Mexique, cherche à comprendre la production de justice sociale à travers l'éducation mexicaine dans la période postrévolutionnaire, de 1921 à 1940. Elle montre que la politique éducative, conçue sur la base de l'ambition démocratique d'unité nationale et d'intégration citoyenne, a conduit à la réduction des inégalités scolaires en dépit d'une cristallisation des inégalités socialesThis socio-historical dissertation, based on the use of national archives in Mexico, seeks to understand the production of social justice through the education in Mexico during the post- revolutionary period from 1921 to 1940. It shows that the education policy, designed on the basis of the democratic ambitions, national unity and civic integration, led to the reduction of educational inequalities despite a crystallization of social inequalities
Esta tesis en socio-historia, se basa en un análisis archivístico del Archivos General de la Nación, y busca comprender la construcción de la justicia social a través la educación mexicana en el periodo post-revolucionario de 1921-1940. Expone que la política educativa, concebida bajo la ambición democrática y de unidad nacional así como de integración ciudadana, condujo a la reducción de desigualdades escolares a pesar de la cristalización de las desigualdades sociales
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Higgins-Desbiolles, B. Freya, and Freya HigginsDesbiolles@unisa edu au. "Another world is possible: Tourism, globalisation and the responsible alternative." Flinders University. School of Political and International Studies, 2006. http://catalogue.flinders.edu.au./local/adt/public/adt-SFU20061218.155946.
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Utilising a critical theoretical perspective, this work examines contemporary corporatised tourism and capitalist globalisation. This analysis suggests that marketisation limits the understanding of the purposes of tourism to its commercial and industrial features, thereby marginalising wider understandings of the social importance of tourism.
Sklairs conceptualisation of capitalist globalisation and its dynamics, as expressed in his sociology of the global system (2002), is employed to understand the corporatised tourism phenomenon. This thesis explains how a corporatised tourism sector has been created by transnational tourism and travel corporations, professionals in the travel and tourism sector, transnational practices such as the liberalisation being imposed through the General Agreement on Trade in Services negotiations and the culture-ideology of consumerism that tourists have adopted. This thesis argues that this reaps profits for industry and exclusive holidays for privileged tourists, but generates social and ecological costs which inspire vigorous challenge and resistance.
This challenge is most clearly evident in the alternative tourism movement which seeks to provide the equity and environmental sustainability undermined by the dynamics of corporatised tourism. Alternative tourism niches with a capacity to foster an eco-humanism are examined by focusing on ecotourism, sustainable tourism, pro-poor tourism, fair trade in tourism, community-based tourism, peace through tourism, volunteer tourism and justice tourism. While each of these demonstrates certain transformative capacities, some prove to be mild reformist efforts and others promise more significant transformative capacity. In particular, the niches of volunteer tourism and justice tourism demonstrate capacities to mount a vigorous challenge to both corporatised tourism and capitalist globalisation. Since the formation of the Global Tourism Interventions Forum (GTIF) at the World Social Forum gathering in Mumbai in 2004, justice tourism has an agenda focused on overturning corporatised tourism and capitalist globalisation, and inaugurating a new alternative globalisation which is both pro-people and sustainable.
Following the development of these original, macro-level conceptualisations of tourism and globalisation, this thesis presents a micro-level case study of an Indigenous Australian tourism enterprise which illustrates some of these dynamics in a local context. Camp Coorong Race Relations and Cultural Education Centre established and run by the Ngarrindjeri Aboriginal community of South Australia has utilised tourism to foster greater equity and sustainability by working towards reconciliation through tourism. The Ngarrindjeri have also experienced conflicts generated from the pressures of inappropriate tourism development which has necessitated an additional strategy of asserting their Indigenous rights in order to secure Ngarrindjeri lifeways.
The case study analysis suggests that for alternative tourism to create the transformations that contemporary circumstances require, significant political change may be necessary. This includes fulfilment of economic, social and cultural rights to which a majority of nations have committed but have to date failed to implement. While this is a challenge for nation-states and is beyond the capacities of tourism alone, tourism nonetheless can be geared toward greater equity and sustainability if the perspective that corporatised tourism is the only option is resisted. This thesis demonstrates that another tourism is possible; one that is geared to public welfare, human fulfilment, solidarity and ecological living.
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Bouet, Bruno. "Reconnaissance de l’autochtonie et déclinisme environnemental au sein des Parcs nationaux français : L’exemple du Parc national de La Réunion." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0178.
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Cette thèse a pour principal objet la reconnaissance du local et de l’autochtonie au sein des aires protégées en général et des Parcs nationaux français en particulier. Du global au local, elle tend à voir ce processus comme résultante de la montée en puissance d’un principe axiologique non nécessairement nouveau, mais qui conditionne néanmoins de manière croissante la légitimité et l’efficacité de l’action publique environnementale. La reconnaissance du local et de l’autochtonie serait ainsi en particulier internationalement devenue l’une des conditions de réalisation d’une plus grande justice environnementale au sein des aires protégées.Nous interrogeons comment ce processus a pu s’étendre aux Parcs nationaux français à travers notamment l’analyse des causes et des effets de leur récente réforme (2006). Comment cette reconnaissance a-t-elle pu se voir reprise et éventuellement redéfinie dans l’institutionnalisation des Parcs nationaux dits de « nouvelle génération » ? Par suite, à quels effets, nouveaux ou non, cette reconnaissance « à la française » permet-elle d’aboutir localement, en matière d’inégalité environnementale ? Notre démonstration s’appuie sur la notion de capital d’autochtonie (Retière, 2003) et soutient que les groupes sociaux locaux à même d’administrer la preuve de leur « capital environnemental autochtone » auprès des instances gestionnaires des Parcs nationaux seraient les plus à même de conserver intacts leurs usages de ces aires protégées.Pour mieux traiter notre problématique d’une reconnaissance du local « sous conditions », nous avons concentré sans nous y limiter, nos efforts d’enquête sur le récent Parc national de La Réunion (2007), présenté avec le Parc amazonien de Guyane et le Parc national des Calanques comme parcs de nouvelle génération. Cette enquête, s’appuyant sur plusieurs autres points de comparaison, conduit à entrevoir le Parc national de La Réunion (PNRun) comme un cadre intégrateur écocentré de différents récits globaux et territoriaux. Le déclinisme environnemental, à la fois local et mondialisé, est le plus prééminent de ces récits. Des récits de valorisation de la culture créole et de rattrapage économique lui coexiste néanmoins et le PNRun, enjoint à les reconnaitre au regard de la doctrine du développement durable, apparait comme une combinatoire sans cesse mouvante et instable d’un compromis entre ces trois récits potentiellement contradictoires.La conflictualité coutumière des Parcs nationaux français (Larrère et al., 2009) peut ainsi se comprendre à la lueur d’une concurrence des récits et de leurs porteurs, qui peuvent contester ou soutenir la manière propre au Parc national d’administrer, mais aussi de « mettre en récit » le territoire qui le supporte. Le défi actuel des Parcs nationaux français consiste, au regard de la réforme de 2006, à permettre et à accepter que cette mise en récit soit le fruit d’une co-construction élargie, et non plus d’un exercice réservé aux élites scientifiques, politiques et sociales qui ont toujours constitué ses publics de prédilection. En contexte postcolonial comme sur l’ile de La Réunion, ce défi parait d’autant plus aigu que le « concernement » local pour une mise en récit qui soit réparatrice d’injustices culturelle, sociale et environnementale est important, voire sine qua nonThe main purpose of this thesis is about the recognition of local and indigenous people within protected areas in general and French National Parks in particular. From global to local scales, this process appears to be the result of an axiological principle that is not necessarily new but which nevertheless increasingly conditions the legitimacy and effectiveness of public environmental action. The recognition of local and indigenous people would thus have become one of the conditions for achieving greater environmental justice within protected areas, particularly internationally.We question how this process has been extended to French National Parks, in particular through the analysis of the causes and effects of their recent reform (2006). How could this recognition be taken up and possibly redefined in the institutionalization of the so-called "new generation" national parks? Consequently, to what effects does this "French-style" recognition make it possible to achieve locally, in terms of environmental inequality? Our demonstration is based on the notion of "indigenous capital" (Retière, 2003) and argues that local social groups able to demonstrate their "indigenous environmental capital" to national park management authorities would be in the best position to keep intact their uses of these protected areas.To better address the issue of local people’s recognition "under conditions", we investigated the recent Reunion Island National Park (2007), presented with the Amazonian Park of French Guyana and the Calanques National Park as new generation parks. This survey, based on several other points of comparison, leads us to see Reunion Island National Park (PNRun) as an ecocentric integrating framework of different global and territorial narratives. “Environmental declinism”, both local and globalized, is the most prominent of these stories. Nevertheless, a “local cultural” and an “economic catch-up” narratives coexist with the first one. The PNRun, urged to recognize them due to the doctrine of sustainable development, appears as an ever-changing and unstable combination of these three - potentially contradictory - narratives.The traditional and customary conflicts within French National Parks (Larrère, 2009) can thus be understood as part of a competition between stories and their bearers, who can challenge or support the National Park's own way of administering, but also of "telling" the territory that supports it. The current challenge for French National Parks, in regard of the 2006 reform, is to allow and accept that this policy narrative is the result of a collective construction, and no longer an exercise reserved for some scientific, political and social elites who have always constituted its preferred audiences. In a postcolonial context such as on Reunion Island, this challenge seems all the more acute as the local "concern" for a narrative which is reparative of cultural, social and environmental injustices is important, even sine qua non
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Cerqueira, Daniel. "Towards an ethical and legal foundation of the differentiated participation of the indigenous peoples in the State decisions." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108262.
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Within the Latin American state Constitutions, is the establishment of prior consultation for theindigenous peoples legitimate? Does it represent away of imposition of the minority rights in front ofthe majority rights? Does it implies a power of vetoover the state decisions?In this article, the author answers the aforementioned questions, as he assays an ethical and legal foundation for the establishment of the mechanism of free, prior and informed consultation, one that goes beyond its national and international recognition.Dentro de las Constituciones de América Latina,¿es legítimo el establecimiento de la consulta previa a los pueblos indígenas? ¿Supone una imposición de los derechos de las minorías frente a losderechos de las mayorías? ¿Implica un poder de veto de las decisiones estatales?En este artículo, el autor responde a estas inte- rrogantes mientras ensaya un fundamento jurídico y ético para el establecimiento del mecanismo de la consulta previa, libre e informada, que vaya más allá de su reconocimiento nacional e internacional.
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Gadea, Elise. "Le pluralisme juridique à l'épreuve des pratiques communautaires en Bolivie. Politiques d’administration de la "justice indigène originaire paysanne"." Thesis, Paris 3, 2020. http://www.theses.fr/2020PA030005.
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Depuis plusieurs décennies en Amérique latine, les luttes des peuples indigènes pour faire accepter et reconnaître leurs cultures propres, se sont orientées vers des demandes politiques et juridiques. Le rôle des alliés politiques de ces peuples dans l’émergence de cette requête a été déterminant. Le cas de la Bolivie constitue un cas exemplaire des luttes indigènes, avec une proportion importante de sa population s’auto-identifiant à des groupes ethniques, ainsi qu’avec l’arrivée au pouvoir du « premier paysan indigène » du pays, Evo MORALES, en 2005. La Constitution Politique de l’État Plurinational de Bolivie approuvée en 2009, valorise les droits collectifs et culturels, promeut la reconnaissance des traditions et des savoir-faire indigènes, en particulier au niveau de l’application de la justice. Néanmoins, les préceptes constitutionnels promulgués en 2009 relatifs à la justice indigène originaire paysanne sont contredits par la Loi de « Deslinde » juridictionnelle, promulguée à peine un an plus tard. Ceux-ci annoncent une mise en pratique ambivalente et nébuleuse du système pluriel de justice.En absence de débat et de négociation sur les nouveaux standards de la justice plurielle, nous verrons en quoi les lynchages ont joué un rôle central dans la construction d’une nouvelle institution uniforme, opérée par les autorités dites « naturelles » des communautés indigènes, selon leurs us et coutumes ancestraux. L’observation ethnographique au sein de plusieurs communautés rurales andines nous a permis de nuancer cette conception ainsi que d’analyser les nombreux recours des indigènes auprès du Tribunal Constitutionnel Plurinational et des juges étatiques. L’inflation des conflits et l’enlisement des querelles entre les peuples indigènes originaires paysans prennent en étau les autorités communautaires (syndicales et originaires) entre les habitants qui déstabilisent leur rôle de médiateur et de l’autre le système de justice étatique qui exerce sur eux une pression croissanteOver the last few decades in Latin America the struggles of indigenous peoples for the acceptance and recognition of their own cultures have turned to political and legal demands. The role of political allies of these peoples in the emergence of these claims has been decisive.The example of Bolivia is an exemplary case of the struggles of native peoples because of the proportion of the national population belonging to ethnic groups and the rise to power of Evo MORALES. The Political Constitution of the Plurinational State of Bolivia, approved in 2009, values collective and cultural rights and promotes the recognition of indigenous traditions and knowledge, particularly in the application of justice. Nevertheless, the constitutional precepts promulgated in 2009 relating to native indigenous peasant justice are contradicted by the Jurisdictional "Deslinde" Law, promulgated barely a year later. As we will see this has led to an ambivalent and nebulous implementation of the plural justice system.In the absence of debate and negotiation on the new standards of plural justice, we will see how lynchings played a central role in the homogenizing construction of a new institution, operated by the native authorities of indigenous communities, according to their ancestral norms and customs.Ethnological observation in several rural Andean communities has enabled us to qualify this conception as well as to analyze the numerous petitions of indigenous people to the Plurinational Constitutional Court and state judges. The increase in conflicts, but also the impasse that ensues when these legal claims develop, creates a difficult situation for {indigenous and union] community authorities between, on the one hand, community members who destabilize their role as arbitrator and on the other, the state justice that exercises increasing pressure over them
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Morman, Alaina M. "United Nations Declaration on the Rights of Indigenous Peoples: Understanding the Applicability in the Native American Context." Ohio University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1439561893.
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Stead, Chuck. "Ramapough/Ford The Impact and Survival of an Indigenous Community in the Shadow of Ford Motor Company’s Toxic Legacy." Antioch University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=antioch1426460126.
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