Dissertations / Theses on the topic 'Indigenous right to self-determination'
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Panzironi, Francesca. "Indigenous Peoples' Right to Self-determination and Development Policy." University of Sydney, 2007. http://hdl.handle.net/2123/1699.
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Doctor of PhilosophyThis thesis analyses the concept of indigenous peoples’ right to self–determination within the international human rights system and explores viable avenues for the fulfilment of indigenous claims to self–determination through the design, implementation and evaluation of development policies. The thesis argues that development policy plays a crucial role in determining the level of enjoyment of self–determination for indigenous peoples. Development policy can offer an avenue to bypass nation states’ political unwillingness to recognize and promote indigenous peoples’ right to self–determination, when adequate principles and criteria are embedded in the whole policy process. The theoretical foundations of the thesis are drawn from two different areas of scholarship: indigenous human rights discourse and development economics. The indigenous human rights discourse provides the articulation of the debate concerning the concept of indigenous self–determination, whereas development economics is the field within which Amartya Sen’s capability approach is adopted as a theoretical framework of thought to explore the interface between indigenous rights and development policy. Foundational concepts of the capability approach will be adopted to construct a normative system and a practical methodological approach to interpret and implement indigenous peoples’ right to self–determination. In brief, the thesis brings together two bodies of knowledge and amalgamates foundational theoretical underpinnings of both to construct a normative and practical framework. At the normative level, the thesis offers a conceptual apparatus that allows us to identify an indigenous capability rights–based normative framework that encapsulates the essence of the principle of indigenous self–determination. At the practical level, the normative framework enables a methodological approach to indigenous development policies that serves as a vehicle for the fulfilment of indigenous aspirations for self–determination. This thesis analyses Australia’s health policy for Aboriginal and Torres Strait Islander peoples as an example to explore the application of the proposed normative and practical framework. The assessment of Australia’s health policy for Indigenous Australians against the proposed normative framework and methodological approach to development policy, allows us to identify a significant vacuum: the omission of Aboriginal traditional medicine in national health policy frameworks and, as a result, the devaluing and relative demise of Aboriginal traditional healing practices and traditional healers.
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Morgan, R. S. "Self-determination for indigenous peoples : advancing indigenous rights at the United Nations." Thesis, University of Essex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410237.
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Xanthaki, Alexandra. "Indigenous rights in the United Nations system : self-determination, culture, land." Thesis, Keele University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.394654.
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Tamuno, Paul Samuel. "The potential of the indigenous people's right to self-determination as a framework for accommodating the Niger Delta Communities' demand for self-determination within the sovereignty of Nigeria." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=227612.
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This thesis examines the potential of the indigenous right to internal self-determination as a framework accommodating the demands of the Niger Delta Peoples for Self-determination within the sovereignty of Nigeria. The unsustainable exploitation of crude oil in the Niger Delta resulted in the ecological devastation of the region and adversely affected the Niger Delta People's subsistent traditional mode of using their lands. The response of the Niger Delta People was originally to seek redress by instituting legal actions in Nigerian courts. The failure of the majority of these actions, and the combined factors of the exclusion of the Niger Delta People from the process and proceeds of the oil industry and their marginalization in the political and administrative structure of Nigeria resulted in the demand by the Niger Delta People that Nigeria recognize their right to self-determination. They justified this demand for self-determination with the arguments that: Their dispossession from their lands by the government in Nigeria was akin to the exploitation of indigenous peoples in the Americas by colonial settlers. The unsustainable exploitation of resources in their territory placed them in the same position as colonized peoples experienced under foreign domination in the era of colonization. In a bid to protect her sovereignty, Nigeria does not recognize the rights of self-determination or 'peoplehood' or even minority status of any ethnic groups within Nigeria. This thesis argues that the indigenous right to internal self-determination is a framework that has the potential to bring lasting solution to the conflict between the Niger Delta people and the government of Nigeria for the following reasons: Indigenous internal self-determination prescribes a category of self-determination that is consistent with the sovereignty of states because it recommends inter alia autonomy with the territories of states. Indigenous internal self-determination provides a regime for sustainable development of resources as it recommends inter alia that states recognize the right of indigenous peoples to participation, consultation and free prior informed consent in the exploitation of resources in indigenous peoples' territory.
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McElwreath, Jennifer L., and n/a. "Can indigenous movements globalise?" University of Otago. Department of Anthropology, 1997. http://adt.otago.ac.nz./public/adt-NZDU20070530.144243.
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The world�s indigenous peoples have been subjected to exploitation, discrimination, dispossession, relocation, assimilation and in some cases genocide since contact with the Western world. They have been the victims of an invasion which has since secured their position among the lowest social qualifiers. For centuries, they have been ignored by nation-states throughout the world. However, a new dawn has risen for the first peoples of the world, and for the past two decades thaey have experienced a cultural, political and social revival which has been gaining in popularity, intensity and effectiveness since it�s inception.
The politicisation of indigenous movements and their fundamentally local characteristics has occurred at the same time that the world is experiencing a sense of accelerated globalisation. Economic integration through trade agreements has diminished boundaries and has allowed multinational corporations to travel, sell and trade at will. The sense that the world is �one place� has fast become a reality through "the increasing volume and rapidity of the flows of money, goods, people, information, technology and images." (Featherstone, 1995:81)
The simultaneous globalisation and localisation of the world seems to be two contradictory phenomenon acting in opposition to one another. However, as several theorists have pointed out, the two are actually related and each to some degree attributes to the existence of the other (Eriksen, 1993:9; Featherstone, 1990:10; Friedman, 1990:327). In fact, indigenous movements themselves, while asserting local issues and rights, have undergone a recent transformation and now attempt to achieve their goals through global strategies. They have expanded their methods and now not only at the community and national levels, but also within the international arena.
The Maori and the Native Hawaiians are two groups of indigenous peoples who have been fighting for their rights and land for over a century. Both groups represent small percentages of their nation-states� population. This has forced them to pursue their struggle with creative strategies and persistent, patient pressure. Thus, their struggles have undergone continouos transformations in attempts to discover the most effective formula which would eventually cause their respective nation-states to recognise and address their grievances.
Recently, the Maori and the Native Hawaiians, have broadened their movement to incorporate an international tier. Activity on the international level includes international conferences, international visits/exchanges, ratification of indigenous declarations, indigenous networking, and international indigenous solidarity organisations. These activities have increased over the past twenty years as the effectiveness of such activity has also increased. New Zealand, the United States and other nation-states are being held more accountable for past injustices and are being driven to answer to the world�s indigenous community.
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Souza, Alves Rodrigo Vitorino. "Indigenous peoples, cultural diversity and the right to self-determination: from the international law to the Latin American constitutionalism." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116213.
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Indigenous peoples have valuable ancestral cultures and makeimportant contributions to society in general. However, despite the recognized value of these peoples and their cultures, their most basic rights have been violated for a long time. The postcolonial era did not end the internal«colonization», because in many places the locals are still treated as inferior to the other inhabitants within the territory of the Country. Nevertheless, the international law is moving in the opposite direction, recognizing the dignityand the rights not only of individuals but also of indigenous peoples, ensuring cultural security. In recent decades, relevant international instruments have been adopted, inspiring the constitutional reforms and human rights initiatives for the protection of indigenous peoples. This article aims to investigate how the legal recognition of self-determination of the indigenous peoples contributes to the protection and promotion of their culture. On that matter, the first section of the paper concentrates on the conceptual discussion on indigenous peoples, as well as the legal-political relationship models between them and the State. Second, the rights of the indigenous peoples will be examined from the perspective on international law, with special emphasis on the collective self-determination right. In the last section, the Latin American Constitutions will be studied, in order to present the situation of the indigenous self-determination in Latin American.Los pueblos indígenas poseen culturas ancestrales valiosas, las cuales hacen importantes contribuciones a la sociedad en general. Sin embargo, a pesar del valor reconocido de estos pueblos y de sus culturas, sus derechos más esenciales han sido violados por largo tiempo. La era postcolonial no puso fin a la «colonización» interna, ya que en muchos lugares los nativos siguen siendo tratados como inferiores a los demás habitantes del territorio del Estado. No obstante, el derecho internacional se mueve hacia la dirección opuesta, ya que reconoce la dignidad y los derechos no solo de los individuos, sino también de los pueblos indígenas, lo que les garantiza seguridad cultural. En las últimas décadas, se han adoptado instrumentos internacionales relevantes, que inspiraron las reformas constitucionales y las iniciativas de derechos humanos para la protección de los pueblos indígenas. Este artículo tiene como objetivo investigar cómo el reconocimiento legal de la autodeterminación de los pueblos indígenas contribuye a la protección y promoción de su cultura. A tal efecto, la primera sección del documento abordará la discusión conceptual sobre los pueblos indígenas, así como los modelos de relación jurídico-política entre ellos y el Estado. En segundo lugar, los derechos de los pueblos indígenas serán examinados desde la perspectiva del derecho internacional, con especial énfasis en el derecho colectivo de autodeterminación. En la última sección, las constituciones de América Latina serán estudiadas, con el fin de presentar la situación de la libre determinación indígena en Estados de América Latina.
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Shay, Susan Carol Rothenberg. "The right to control the land : law, heritage and self-determination by native Hawaiians." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/286153.
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Hawai'i was once an independent Indigenous sovereign island nation with a distinctive culture, history, and legislative past. The laws of the modern state of Hawai'i reflect that history as Indigenous heritage has been integrated into state law. However, during the last forty years the laws protecting Native Hawaiian rights have been challenged in Hawai'i through a series of significant land claim lawsuits. Native Hawaiian struggles for sovereignty are based on the assertion of their heritage rights in lawsuits. This dissertation explores the use of heritage in land claim lawsuits and the role it plays in the construction of a modern Indigenous identity. It uses Native Hawaiian efforts for land control in Hawai'i as a case study to explore how involvement in the legal process has impacted both Indigenous identity and heritage. In this dissertation I examine three major lawsuits following one line of legal precedent: traditional and customary access rights. The investigation answers the questions of how legal narrative construction using heritage impacts Indigenous identity; how heritage values are substantiated; what the role is of experts in formulating cases; if there is a measurable change over time in the way that cultural claims are structured; and what the impact is of increased Indigenous political leadership and land control on Native Hawaiian identity and heritage. To complete this research, I applied a mixed qualitative method approach of ethno-historical, socio-legal, and legal narrative analyses with content analysis to examine Indigenous textural production and court performance as forms of social practice. I supported my research with ethnographic semi-structured interviews and participant observation in recognition of Indigenous protocol. The results indicate that Native Hawaiian use of heritage in courtrooms has contributed to Indigenous identity construction by enhancing collective memory, increasing land control, and protecting group rights. The results also provide insight into how such actions by Indigenous peoples can advance upward social mobility, encourage collective identification and civic involvement, regenerate cultural practices, and strengthen group identity. This research provides new insights into how Indigenous heritage can be used as a means of Indigenous empowerment and develops a greater and more complex understanding of the uses of heritage for land control and sovereignty. These findings may be used by other special interest groups using heritage to achieve common goals.
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Cornell, Stephen. "Processes of Native Nationhood: The Indigenous Politics of Self-Government." UNIV WESTERN ONTARIO, 2015. http://hdl.handle.net/10150/621710.
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Over the last three decades, Indigenous peoples in the CANZUS countries (Canada, Australia, New Zealand, and the United States) have been reclaiming self-government as an Indigenous right and practice. In the process, they have been asserting various forms of Indigenous nationhood. This article argues that this development involves a common set of activities on the part of Indigenous peoples: (1) identifying as a nation or a people (determining who the appropriate collective "self " is in self-determination and self-government); (2) organizing as a political body (not just as a corporate holder of assets); and (3) acting on behalf of Indigenous goals (asserting and exercising practical decision-making power and responsibility, even in cases where central governments deny recognition). The article compares these activities in the four countries and argues that, while contexts and circumstances differ, the Indigenous politics of self-government show striking commonalities across the four. Among those commonalities: it is a positional as opposed to a distributional politics; while not ignoring individual welfare, it measures success in terms of collective power; and it focuses less on what central governments are willing to do in the way of recognition and rights than on what Indigenous nations or communities can do for themselves.
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McKinnon, Reyna. "Indigenous Rights Policy and Terrorist Discourse: A Strategy to Stifle Mapuche Self-Determination in Chile." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/scripps_theses/886.
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When President Sebastián Piñera entered office in 2010 the Mapuche indigenous people were receiving two contrasting messages from the Chilean State. On the one hand, the government ratified ILO Convention 169, pledging to protect the indigenous right to prior consultation in programs that affect their communities. On the other hand, the government was involved in the oppression of Mapuche communities in the region of the Araucanía through militarisation and the application of the Anti-Terrorist Law to punish radical Mapuche activists that protest corporate encroachment on their land. While Piñera had the opportunity to legitimize the Mapuche demand for self-determination by implementing ILO Convention 169 according to international standards and putting an end to the “Mapuche Conflict,” instead the situation of the Mapuche political movement worsened under his leadership. The Piñera administration used indigenous rights policy and a discourse of terrorism as a strategy to delegitimize the Mapuche demand for self-determination in order to protect corporate profitability, a key factor in the Chilean neoliberal economic project.
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Merino, Acuña Roger. "The politics of indigenous self-determination : extractive industries, state policies and territorial rights in the Peruvian Amazon." Thesis, University of Bath, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.681051.
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This thesis offers an investigation of the indigenous politics of self-determination in the Peruvian Amazon. The starting point of the analysis is the ‘Baguazo’, a massive indigenous protest (June 2009) against governmental laws that favoured extractive industries within indigenous territories. Studies of indigenous peoples’ opposition to extractive industries in Peru have tended to focus on the economic, political or social aspects as if these were discrete dimensions of the conflict. This thesis aims to contribute with an integral and systematic understanding of indigenous resistance to extractive industries through a case study analysis and a multidisciplinary theoretical proposal. The thesis contains 9 chapters: introduction (Chapter 1); theoretical framework (Chapters 2, 3 and 4); methodology (Chapter 5); case study analysis and discussion (Chapters 6, 7, and 8); and conclusion (Chapter 9). The theoretical chapters explain how liberal legality recognises indigenous peoples as ethnic minorities with property entitlements, while self-determination goes a step further to recognise indigenous peoples as ‘nations’ with ‘territorial rights’. The case study chapters explore the struggle of the Awajun indigenous people for self-determination and examine the legal and political consequences of the Baguazo as well as the re-emergence of indigenous politics in Peru. The main argument provided in this thesis is that indigenous territorial defence against extractive industries expresses a politics of self-determination that confronts coloniality as the foundation of the extractive governance. Coloniality denotes that, even though colonial rule ended in formal political terms, power remains distributed according to colonial ontology and epistemology. Consequently, social and economic relationships regarding indigenous peoples still respond to an inclusion/exclusion paradox: indigenous peoples are either excluded from liberal capitalism or included into it under conditions that deny indigenous peoples’ principles. Thus, the struggle for self-determination locates many indigenous people beyond the inclusion/exclusion dialectic and promotes an extension of ‘the political’ with the aim of reconfiguring the state-form and its political economy.
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Abebe, Adem Kassie. "The power of indigenous people to veto development activities: the right to Free, Prior and Informed Consent (FPIC) with specific reference to Ethiopia." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12643.
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Discusses how to ascertain the meaning and implications of Right to Free Prior and Informed Consent (FPIC). Discusses the difference between meaningful participation of FPIC and the relationship between ‘national interest’ and the right to FPIC. Also analyses the protection of the rights of indigenous peoples, including mainly the right to FPIC in Ethiopia. Introduces recommendations concerning the middle ground between ‘national interest’
and the right to FPIC. Discusses how the right to FPIC can be legally recognised in
Ethiopia and Africa in general, including particularly by the African Commission, and
outlines specific recommendations on the relevant policies of the World Bank and African Development Bank.Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Odile Lim Tung, Faculty of Law and Management, University of Mauritius.
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Korson, Cadey. "Mapping Narratives of Self-Determination, National Identity, and (Re)balancing in New Caledonia." Kent State University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=kent1443154738.
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Aly, Lahyerou A. G. "The rights of the indigenous peoples to self determination: attempts to address the violation of human rights with specific reference to Mali." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16764.
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The Kel Tamachek and Hassanya are nomadic people who live in Sahel‐Sahara but some of them
have become semi‐nomad or sedentary throughout the time. Since the independence they were
divided in five countries. In Mali they occupy the 75% with 932 490 sqm of the territory which is 1
241 238 sqm5 and 10% of the population’s 13 millions.6 Their area is the north Mali which is
administratively divided in three regions: Timbuktu, Gao and Kidal called also respectively the 6th
region, 7th region and 8th region. They share the area with other ethnic groups such as Fulbe which
are nomadic peoples and indigenous peoples and the Songhai or Sonrhai, Sorko and Bambara.
The Kel Tamachek as other indigenous peoples of the world were discriminated and marginalized
which started since the colonization. The colonizers tried to exterminate them because of their
resistance and their refusal to be dominated and assimilated. The Frenchmen after establishing their
power on the colonies started to ‘civilize’ their subjects. However, the nomads were forgotten in
these programs because no school was created in their area. And when an exceptional leader
Mohamed Ali Ag Attaher Alansary11understood that the best arm for combating the colonizers was
to learn their knowledge which will ensure also the success for the future.Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2010.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Ms Odile L. Tung, Faculty of Law & Management, University of Mauritius, Mauritius. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Berglund, Katarina. "De svenska samernas möjlighet till självbestämmande : En teoriprövande undersökning av rättsläget i Sverige och Norge utifrån Young och Fraser." Thesis, Uppsala universitet, Teologiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444166.
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Höglund, Hellgren Jasmin. "Does Free, Prior and Informed Consent ensure self-determination? : A relational approach to mining activities and indigenous communities in northwestern Argentina." Thesis, Stockholms universitet, Statsvetenskapliga institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-155033.
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Over the last decades the struggle for indigenous rights has accomplished great achievements within international law. In relation to development projects and resource extraction on indigenous lands, the principle of Free, Prior and Informed Consent (FPIC) has gained increased recognition and is today expressed as an important instrument to realize indigenous peoples’ right to self-determination. Nevertheless, empirical evidence have identified power asymmetries as one of the major obstacles for effective and meaningful FPIC implementation. This study investigates how power asymmetries emerge and affect the right to self-determination through the four FPIC requirements. Based on field research and by applying a relational approach, the study investigates a case of mining activities in northwestern Argentina where indigenous communities currently experience an increased interest in lithium deposits on their lands from transnational corporations. The study shows how relations characterized by dependency and clientelism create a situation where actors hold unequal power positions which permeate all FPIC requirements severely undermining the principle’s potential to fulfill its purpose. Lastly, based on the findings the study argues substantial underpinnings in terms of necessary preconditions are needed if FPIC are to be able to ensure self-determination.
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Hisada, Toru. "Indigenous development and self-determination in West Papua : socio-political and economic impacts of mining upon the Amungme and Kamoro communities of West Papua /." Saarbrücken, Germany : VDM Verlag Dr. Müller, 2008. http://firstsearch.oclc.org/WebZ/DCARead?standardNoType=1&standardNo=9783639031560:srcdbname=worldcat:fromExternal=true&sessionid=0.
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Lavoie, Manon 1975. "The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221.
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The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been concluded between the federal and provincial governments and aboriginal peoples. It then becomes important to evaluate the attempts of the two existing orders of government and the courts of Canada as regards the right to self-government and assess the potential usefulness of the two's efforts at defining and implementing the right. Firstly, the importance and legitimacy of the right to self-government is recognized through its beginnings in the human right norm of self-determination in international law to the establishment of the right in Canadian domestic law. Secondly, an evaluation of the principal attempts, on behalf of the governments and the courts, to give meaning and scope to the aboriginal right to self-government, which culminate in the conclusion of modern agreements, reveals their many inefficiencies and the need for a workable and concrete alternative. Lastly, the main lacunae of the negotiation process, the main process by which the right is concluded and implemented, and the use of the courts to determine the scope and protection of the right to self-government, are revealed. An analysis of European initiatives to entrench the right to self-government, mainly the European Charter of Self-Government and its established set of principles that guide the creation of self-government agreements, are also used in order to propose a viable option for the establishment of a principled framework for the aboriginal right to self-government in Canada.
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Bremond, Zérah. "Le territoire autochtone dans l'Etat postcolonial : étude comparée des Etats issus de la colonisation britannique et hispanique." Thesis, Montpellier, 2018. http://www.theses.fr/2018MONTD012.
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Si l’État moderne s’est constitué par un processus d’unification de sa souveraineté territoriale, celle-ci doit aujourd’hui être repensée. En effet, bien que demeure une inclination de tout État à préserver son unité, il apparaît que le territoire sur lequel l’État entend étendre sa souveraineté fasse désormais l’objet de revendications diverses. Cette situation est particulièrement prégnante dans les États issus de la colonisation et au sein desquels l’indépendance n’a pas nécessairement remis en cause le lien de subordination des peuples colonisés aux peuples colonisateurs. Faisant perdurer une situation de domination largement condamnée sur le plan international compte tenu de la proclamation du droit des peuples à disposer d’eux-mêmes, ce phénomène de décolonisation partielle pose inévitablement question du point de vue de la théorie de l’État. En effet, cela conduit à opposer d’un côté, un modèle étatique d’inspiration européenne aspirant à la souveraineté territoriale et de l’autre, des peuples autochtones entretenant une revendication vis-à-vis de ce même territoire, fondée su l ’illégitimité originelle de la conquête dont sont finalement issus ces États. Ainsi, la réhabilitation de la vérité historique et la condamnation plus ou moins unanime de la colonisation a pu conduire à ce que de manière générale, les peuples autochtones soient rétablis dans leurs droits territoriaux. Ce faisant, le droit qu’ont les États sur le territoire ne peut désormais s’exercer sans tenir compte des privilèges originels dont ils sont susceptibles de jouir. En conséquence, une telle démarche peut conduire à la remise en cause de la souveraineté territoriale de ces États puisqu’ils ne disposent plus d’une puissance absolue et inconditionnelle sur leur territoire, mais bien d’une autorité conditionnée par le respect des droits des peuples autochtones, dimension alors largement confirmée par le développement d’un droit international des peuples autochtones. Ce phénomène, qui caractérise les États d’Amérique latine issus de la colonisation hispanique ainsi que certains États issus de la colonisation britannique – États-Unis, Canada, Australie, Nouvelle-Zélande – peut conduire à voir émerger une catégorie particulière d’État que représente l’État postcolonialModern State has been formed by unification process of its territorial sovereignty but this must be redefined today. Indeed, although all States have a tendency to preserve their unity, it appears that the territory on which the State intends to extend its sovereignty is the subject of various claims. This situation is particularly characterized for States deriving from colonization and for which, independence did not challenged the subordination of colonized peoples to colonizing peoples. By perpetuating a situation of domination largely condemned by International law, considering the right of peoples to self-determination, this partial decolonization raises question in State theory. This leads to oppose on the one hand, an European State model aspiring to territorial sovereignty and on the other hand, some indigenous peoples having a claim to the same territory, based on the original illegitimacy of the conquest from which these States have emerged. Thus, there habilitation of historical truth and the unanimous condemnation of colonization have restored indigenous peoples in their territorial rights. Thereby, the States’ right on territory cannot be exercised without considering the original privileges of first inhabitants. Consequently, such approach may dispute territorial sovereignty of these States because they no longer have an absolute and unconditional power over their territory, but only aconditioned authority by the respect of indigenous peoples’ rights, which is largely confirmed by the development of an international law of indigenous peoples. This situation, which appear in the Latin-America States derived of Hispanic colonization, and in some States derived British colonization – United States, Canada,Australia, New-Zealand –, may contribute to define a particular category of States, which represents the postcolonial State
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Sikku, Olov-Anders. "Urfolksrätt i svensk politik : Samiskt självbestämmande i den offentliga diskursen." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-353026.
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Indigenous rights are among the most rapidly progressing domains in international law. The UN Declaration on the Rights of Indigenous Peoples was adopted more than a decade ago, and now the task consists of implementing the rights within the state structure. While the concept of self- determination constitutes the very core of indigenous rights, it also represents the most difficult challenge to establish within the existing system of sovereign states. This thesis seeks to contribute to the discussion regarding the implementation of indigenous peoples’ right to self-determination within states. By examining the public discourse surrounding the concept of self-determination in relation to the Sami people in the Swedish political system, it’s possible to obtain a deeper understanding of the dynamics in play. The thesis focuses on analyzing the core elements of self- determination and the formulation of the perceived problems surrounding the political measures of the concept. The discourse analysis, examining the period 2006-2017, concludes that the understanding of the concept of self-determination is linked to the political status of the indigenous people, the political debate within the national assembly, the perception of possible solutions and the function of indigenous institutions.
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Hisada, Toru. "Indigenous Development and Self-Determination in West Papua: A Case Study of the Socio-Political and Economic Impacts of Mining upon the Amungme and Kamoro Communities of West Papua." The University of Waikato, 2007. http://hdl.handle.net/10289/2457.
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Since West Papua was colonized by Indonesia in 1963, West Papuans have endured one of the most disastrous experiences of cultural and environmental destruction, human rights abuses and mass killing of the twentieth century. In the Western Highlands of West Papua, where Freeport McMoRan, a mining company from Louisiana, United States (U.S.), operates, there have been long-standing disputes over environmental justice, human rights, the right to control development, and wealth distribution. Substantial research has been done on the negative impacts of the Freeport's operation on the Amungme and Kamoro communities who reside in the company's operating area. Yet, limited research has been done regarding Freeport's social policies and the possible solutions to the issues which are crucial for the further development of Amungme and Kamoro. Therefore, the thesis firstly examines Freeport's recent social policies which have attempted to address the two communities' concerns as well as the social problems the company has caused around its operating area. The examination suggests that genuine reconciliation between Amungme and Kamoro communities and Freeport is a crucial next step in achieving successful community development in the area. The thesis employs a case study of the South African reconciliation processes via Truth and Reconciliation Commission (TRC) to explore the prospects of achieving successful community development in Freeport's operating area of West Papua which might lead to prosperity for the Amungme and Kamoro peoples. In addition to this, the prospect of preventing the human rights violations by the Indonesian Military (Tentera Nasional Indonesia-TNI) is considered. The TNI, by carrying out the role of protecting the Freeport operation, has until today committed a large number of human rights violations against indigenous West Papuans around the mine thus preventing and inhibiting the future development of Amungme and Kamoro communities. Since major countries, including the U.S., the United Kingdom (UK), New Zealand and Australia, have until today, supported the Indonesia state and the TNI, the attitude of Pacific Island states towards the issue is examined. Finally, although the above processes are important, the study suggests the more important role of the Amungme and Kamoro themselves in taking responsibility for their plight and taking positive actions wherever possible to solve the issues surrounding them. Although the conflict continues to the present day, the research contained in the thesis outlines the situation in West Papua only up until November 2006.
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Schroeder, Paulo Víctor Silva. "Responsabilização internacional de mineradoras transnacionais pela violação de direitos humanos de povos indígenas e direito à autodeterminação na perspectiva decolonial." Universidade do Vale do Rio dos Sinos, 2018. http://www.repositorio.jesuita.org.br/handle/UNISINOS/7324.
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Desde o período colonial, a proteção dos direitos humanos de comunidades indígenas é sistematicamente afetada por violações decorrentes da extração de minério sob o solo da América Latina, uma prática historicamente realizada pelos estados coloniais e cujos principais agentes, contemporaneamente, são as empresas transnacionais. Em razão do crescente aumento do potencial violador destas empresas, discute-se, no âmbito da ONU, a possibilidade de um tratado internacional que vincule diretamente as empresas transnacionais ao cumprimento de regras de direitos humanos internacionalmente reconhecidas. Todavia, no que se refere aos interesses das comunidades indígenas, a possibilidade de adoção de um tratado internacional para empresas e direitos humanos se insere em um campo de disputas. De um lado, os direitos indígenas são protegidos pela Declaração dos Direitos dos Povos Indígenas da ONU (2007) e pela Convenção nº 169 da OIT (1989); de outro, estes direitos são relativizados pela a ausência de mecanismos de responsabilização direta das empresas transnacionais por violações de direitos humanos. Desde a perspectiva decolonial, observa-se que a adoção de um tratado internacional que vincule diretamente as companhias transnacionais a parâmetros de direitos humanos só será emancipatória para os povos indígenas se incorporar as suas reivindicações comunitárias por autodeterminação, em oposição a uma leitura predominantemente liberal acerca dos direitos humanos. Para referida análise, o método de abordagem adotado é tributário da tradição dialética, tendo em vista a contraposição das reivindicações de direitos pelos indígenas com a lógica moderno/colonial.
Since the colonial period, the human rights protection of indigenous communities has been systematically affected by aggressions from the industrial mining activities over the soil of Latin America, historically carried out by colonial states and whose main agents contemporaneously are transnational corporations. In view of the companies increasing potential for violating human rights, the possibility of an international treaty that binds transnational corporations with human rights parameters is being discussed in the UN. Thus, the possibility of adopting an international treaty for companies and human rights is part of a field overgrown by disputes, which resulted in two contradictory positions for the protection of human rights of indigenous communities. On one hand, indigenous people’s rights are protected by the UN Declaration on the Rights of Indigenous People (2007) and ILO Convention 169 (1989); on the other, these rights are relativized by the absence of mechanisms about transnational corporations legal accountability. From a decolonial perspective, it is noted that discussions about the adoption of an international treaty will only be emancipatory for indigenous people by incorporating the community demands for self-determination, in opposition to a predominantly liberal reading of human rights. For this analysis, the method of approach adopted is tributary to the dialectical tradition, in view of the contraposition arising from indigenous people’s claims with the western-modern-capitalist logic.
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Manga, Jean-Baptiste. "Le droit des peuples à disposer d'eux-mêmes en droit et en relations internationales contemporaines : etude comparée de la Nouvelle-Calédonie et du Nunavut." Thesis, Nouvelle Calédonie, 2013. http://www.theses.fr/2013NCAL0052.
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Que devient le principe à l’heure de la mondialisation ? S’il se transforme, une nouvelle règle émerge-t-elle? Quelles en sont les causes et comment cela se traduit-il dans les formes politiques, les structures de droit public et au-delà ? Pour y répondre, la Nouvelle-Calédonie et le Nunavut servent de champ d’investigation intéressant car ils représentent deux formes ou « modèles » d’évolution du principe. Avec une approche comparative, l’étude tente de montrer que le principe se transforme et que son évolution est due au nouveau contexte international, à ses propres contradictions et à son rapport dialectique avec la souveraineté des États. Elle démontre que l’autodétermination est facteur de « restriction » de la souveraineté, en même temps qu’elle en est protectrice, bénéficiaire et tributaire. L’autodétermination protège la souveraineté car elle est reconnue au peuple-État mais la souveraineté conditionne et transforme à son tour l’autodétermination. Le droit des peuples a rendu beaucoup de services, mais il a aussi déçu. Destiné à l’origine aux seuls peuples coloniaux, constitués en États ou non, on l’a cru tombé en désuétude après la dernière vague de décolonisation des années 60-70. Il semble pourtant connaître unenouvelle vie depuis la fin de la bipolarisation. Bien que la priorité reste accordée à ces peuples, il est invoqué fréquemment par d’autres « peuples », notamment les peuples autochtones, et tend à devenir un droit identitaire et un droit au partage des pouvoirs. Une nouvelle conception du principe émerge, qualifiée de postmoderne, influencée par la mondialisation et marquée par une affirmation forte des droits de l’homme et de l’identité, et par des avancées notables en matière de démocratie pluraliste.Elle se matérialise par la mise en selle du droit à ne pas devenir un État, l’autre versant du droit des peuples, par la mise en valeur de l’option du libre choix de n’importe quel statut reconnue par l’ONU mais longtemps négligée, par l’émergence d’un droit à la démocratie pour l’ensemble de la population et d’un droit à l’autonomie, et surtout par l’évolution même du concept d’autodétermination qui se dédouble en autodétermination externe et autodétermination interne. Cette transformation s’appuie sur une reconnaissance du pluralisme et une évolution normative, certes lente et partielle, mais effective au plan international. Au plan interne, l’obstacle de la souveraineté perdure mais celle-ci est peu à peu battue en brèche avec la transformation des principes constitutionnels, celle de l’organisation des pouvoirs, le développement du pluralisme juridique et l’apparition de nouvelles formes de démocratie et de citoyenneté que les États concèdent eux-mêmes en leur sein. Le concept du droit des peuples n’est donc pas « mort » ; il n’est pas en crise non plus. Il se métamorphose. Il reste un concept de « combat », à la rationalité imparfaite, mais il évolue du fait d’une double dialectique, interne et externePas de description en anglais
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Merlin, Jean-Baptiste. "Le droit des peuples autochtones à l’autodétermination : contribution à l’étude de l’émergence d’une norme en droit international coutumier." Thesis, Paris 10, 2015. http://www.theses.fr/2015PA100008/document.
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À la faveur d’un long processus coutumier, les peuples autochtones comptent aujourd’hui parmi les peuples titulaires du droit des peuples à l’autodétermination. Si l’existence du droit des peuples autochtones à l’autodétermination (la norme) comme principe de lege ferenda a fait son apparition vers 1980, ce droit a aujourd’hui achevé son passage dans la lex lata et constitue une norme du droit international coutumier, ce qui est attesté par l’examen des deux éléments du processus coutumier. Le processus coutumier à l’étude puise ses racines dans un passé lointain et s’est accéléré à partir des années 1970 à la faveur de son institutionnalisation au sein de l’Organisation des Nations Unies. Le processus d’élaboration de la Déclaration des Nations Unies sur les droits des peuples autochtones puis son adoption par l’Assemblée générale en 2007 constituent autant d’étapes importantes dans le processus d’accession de la norme à l’étude à la normativité, dont le cadre institutionnel des Nations Unies a contribué à renforcer la cohérence. L’examen du processus coutumier permet également de déterminer les fondements, le contenu et la portée de la norme coutumière ainsi que ses principes d’application. Il s’agit notamment d’examiner la spécificité de la norme à l’étude par rapport aux droits des minorités nationales ainsi que sa relation avec la question de la sécession. Ces dimensions témoignent de l’émergence des peuples autochtones comme segment particulier de la catégorie des peuples, donnant lieu à une application contextuelle du droit des peuples à l’autodétermination de nature à sauvegarder ou à restaurer leur intégrité autochtoneAs a result of a long customary process, indigenous peoples today count as one of the holders of the right of peoples to self-determination. The existence of the right of indigenous peoples to self-determination (the norm or standard) as a principle de lege ferenda first appeared around 1980, and this right has now completed its path into lex lata as a norm of customary international law, as suggested by an in-depth analysis of the two elements of the customary process. The customary process under examination here has its roots in a distant past. It accelerated from the 1970s onwards due to its institutionalization within the United Nations. The drafting process of the United Nations Declaration on the Rights of Indigenous Peoples and its final adoption by the UN General Assembly in 2007 constitute important steps in the accession of the standard under consideration to full normativity. The UN institutional framework contributed to consolidate the consistency of this process. Analyzing the customary process also compels to determining the foundations, content and scope of the customary norm as well as it principles of application. In particular, this involves an examination of the specificity of the standard under consideration in comparison with the rights of national minorities as well as its relation with the question of secession. These aspects are indicative of the emergence of indigenous peoples as a particular segment of the category of peoples in international law, resulting in a contextual application of the right of peoples to self-determination in order to safeguard or restore indigenous integrity
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Johnson, Jay T. "Biculturalism, resource management and indigenous self-determination." Thesis, University of Hawaii at Manoa, 2003. http://proquest.umi.com/pqdweb?index=0&did=765033411&SrchMode=1&sid=2&Fmt=2&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1233353190&clientId=23440.
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Kofman, Daniel. "The right of national secession and self-determination." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.417608.
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Williams, Virginia Mary. "The UN and the 'right' to self-determination." Thesis, University of Westminster, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.434377.
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Berryman, Mere. "Repositioning within indigenous discourses of transformation and self-determination." The University of Waikato, 2008. http://hdl.handle.net/10289/2565.
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This thesis reflectively and critically examines a series of research case studies initiated by a research-whānau. It explores the thinking, experiences and reflections of this research-whānau, as they worked to enhance the educational achievement of Māori students. Authorship of the thesis was undertaken by me (Mere Berryman). However, the methodology involved a collaborative, retrospective and critical reflection of research-whānau experiences and thinking, in the light of the research findings and experiences since the inception of this research-whānau in 1991. In the course of this work, the research-whānau have been able to explore what it has meant to put the principles of kaupapa Māori research into practice while working within a mainstream organisation (Specialist Education Services then the Ministry of Education). Our research work has involved repositioning ourselves from dependence on Western research methodologies to a better understanding and application of kaupapa Māori conceptualisations of research. The thesis begins by identifying mainstream and kaupapa Māori events that have historically and still continue to impact upon Māori students' educational experiences. These events provide the wider context for the work of this research-whānau at the interface of Te Ao Māori and Te Ao Pākehā, and for the 11 case studies that exemplify changes in our thinking and research practice over a period of 15 years. The thesis employs an indigenous (and specifically Māori) worldview as the framework for description, critical reflection, and theorising around these case studies. Common themes are collaboratively co-constructed then each theme is explained in relation to relevant Māori theory. The thesis concludes with the shifts in theorising and practice made by the research-whānau during the course of our work as we sought to contribute in ways that were more transformative and self-determining. We argue that these shifts in theorising and practice are also required of others if we are to change the status quo and contribute constructively to improving Māori students' potential.
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Hassan, Yussuf. "Right of Peoples to Self-determination: NFD Case in Kenya." Thesis, Umeå universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-173938.
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Rogers, Kimberley L. (Kimberley Louise) Carleton University Dissertation International Affairs. "Indigenous peoples and the nation state: towards self-determination in Colombia?" Ottawa, 1994.
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Reid, Kyla Marguerite Doris. "Towards dialogue on recognition of indigenous difference : discourses of self-determination in democratic theory and indigenous scholarship." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32190.
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This paper argues that conceptual dialogue regarding self-determination between
democratic theorists and indigenous scholars is necessary before dialogue between the
Canadian state and indigenous communities can be fruitful. This conceptual dialogue is
impossible as long as democratic theorists and indigenous scholars essentialize each
other's understandings of the self. Using Charles Taylor's theory of recognition, I argue
that both democratic theorists and indigenous scholars present multiple ways of
conceiving of self-determination and highlight the work of Dale Turner and Hannah
Arendt as most productive for theoretical dialogue that may inform the more pragmatic
dialogues between the Canadian state and indigenous communities.Arts, Faculty of
Political Science, Department of
Graduate
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Moran, Mark F. "Practising self-determination : participation in planning and local governance indiscrete indigenous settlements /." [St. Lucia, Qld.], 2006. http://adt.library.uq.edu.au/public/adt-QU20060519.145415/index.html.
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Van, Wyk Johannes Stephanus. "Buying into Kleinfontein : the Financial Implications of Afrikaner Self-Determination." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46119.
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In the years approaching President F.W. De Klerk’s announcement in 1990 that South Africa’s policies would be reformed a number of the right wing groups realised that apartheid would come to an end. This dissertation deals with one response, by the Boere-Vryheidsbeweging (Boer Freedom Movement). By setting up a settlement styled as a ‘growth point for Afrikaner self-determination’ in Pretoria’s eastern hinterland, in 1992, the movement hoped to avert what its numbers saw as eventual black majority rule. The aim of this study is to probe what has become of this settlement roughly 20 years after the transition to full democracy in 1994. The following questions were used as a guideline to this end: (i) On what legal basis has the settlement’s property been occupied?; (ii) Who are the people who moved to the settlement over time?; (iii) How have they generated the capital with which to develop the settlement?; (iv) What is the character of their relationship with each other?; and (v) How have they dealt with external authorities such as the state, province and local municipality?
The findings of this study show that the settlement of Kleinfontein has been kept as a set of undivided properties and that none of the residents have individual title. They occupy the settlement by internal agreement alone, and there is no acknowledgement by either the state or private institutions of the internal divisions that have been made. Over time, the founders of the settlement managed to attract two categories of people to live there. The first comprised relatively old lower middle-class people who moved in because of the settlement’s affordability and peacefulness. The second consisted of working age middle-class people with professional jobs who moved in for reasons to do with the ideology of Afrikaner self-determination. As the movement of the second category of people into the settlement accelerated, internal disagreements developed between them and the first category of people, and the settlement as a whole eventually became so paralysed by the conflict that few people have chosen to move there since. The disagreements mainly revolved around the fact that the professionals wanted to transform the settlement so that it meets the middle-class standards found in major South African cities. The lack of consensus eventually resulted in several conflicts with the state, placing a question mark over the settlement’s continued existence in post-apartheid South Africa.Dissertation (MSocSci)--University of Pretoria, 2014.
tm2015
Anthropology and Archaeology
MSocSci
Unrestricted
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Fuchs, Léon. "Understanding and Implementing Self-Determination for Indigenous Peoples: The case of the Sami in Sweden." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-36035.
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The study focuses on the current status of the Sami indigenous community of Sweden and on the implementation of the concept of self-determination for indigenous peoples, as presented by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 2007. Nowadays, even if the Sami community of Sweden can enjoy several political, economic, social and cultural rights, a lot remains to be done concerning the development of their self-determination because several international principles related to indigenous rights have not been implemented so far. Therefore, the aim of the study is to explore how the Sami people of Sweden define and understand the principle of self-determination for indigenous peoples and how they would like to implement it in the future, while also focusing on what can be learned from their particular situation from a conceptual perspective. To achieve that, the research has been mainly based on a field study carried out at the end of April 2014 and at the beginning of May 2014. Several representatives belonging to different Sami political parties and Sami stakeholder’s organisations have been interviewed on the field. Moreover, two academic researchers and one public relations officer have also been contacted and interviewed afterwards to offer a different perspective on the topic. The findings of the study indicate that the interviewees have highlighted three main issues while defining the concept of self-determination for indigenous peoples: the importance of recognition and self-identification, the respect of indigenous traditions and the protection of traditional lands. Besides, many ideas mostly based on the development of the Swedish Sami Parliament have also been mentioned while thinking about the future. The study has also shown that the indigenous position in Sweden is quite paradoxical because even if the Sami people have some rights, they do not have self-determination as the current situation is still dominated by the state. Finally, another major aspect of the findings has also indicated that self-determination is mainly about changing attitudes between the states and indigenous peoples.
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Essa, Mariana. "The Place for Indigenous Knowledge in a Sport for Development Program." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39629.
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This thesis contains two stand-alone articles for which the overall purpose is to learn from the experiences of a non-Indigenous SFD program designed for Indigenous youth, by exploring how the program has dealt with questions of Indigenous knowledge, culture, and worldviews. By looking at how the program officers and managers articulate their experiences and challenges within the different phases of designing, managing and implementing the SFD program, this study examines questions of decolonization, Indigenization, and resurgence. The first article utilizes an Indigenous resurgence lens to explore the challenges of running the Promoting Life Skills in Aboriginal Youth (PLAY) program through the reflective discourses of middle-upper level management staff members. The main objectives of the first article are to 1) explore the perception of the PLAY staff on challenges experienced within program design and development generally, 2) analyze those challenges in light of critical research on SFD, and 3) inform program development with Indigenous youth. In the second article, I examine the experiences and perceptions of the staff and in dealing more specifically with the question of culture and Indigenous knowledge and Indigenization. This article highlights the experiences that occurred during a two-year period of Indigenous leadership, two years after the piloting of the program. The objectives of this article are to 1) consider and examine the place of culture within SFD for Indigenous youth 2) highlight and learn from Indigenous leadership experience in a Western-based program 3) inform program development.
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Dersso, Solomon Ayele. "Institutionalising the right to self-determination as a human right solution to problems of ethnic conflict in Africa : the case of Ethiopia and South Africa." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/987.
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"This paper relies on the belief that amelioratoin of the ethnic porblem requires the recognition and entrenchment of ethnic claims as part of a constitutional settlement in Africa not only as a matter of practical expediency but also a human rights necessity. It is expected that institutionalising group rights in a way to allow political participation and self-administraton by the sub-state groups contains ethnic conflict and necessitates collaboration and national cohesion. It is, thus, submitted that self-determination as a human right is an overriding norm and institution in the contemporary African situation. It vindicates group rights and captures some of the fundamental tensions in the politico-legal set-ups of states in Africa. As such, the potential of the right to self-determination in the realization of such objectives is closely considered. The focus of this study is, therefore, to wrestle with the query of whether institutionalising the right to self-determinaton would address inter-ethnic tension in the context of Africa. Such questions as how the right to self-determinaton is related to ethnicity and group rights and what institutional and normative solutions are present in the right to self-determination are also examined. This is done by way of examining the elements and various institutional dimensions of the right to self-determination and the experience of Ethiopia and South Africa. ... The study is divided into four chapters. Chapter one outlines the context of the study, objectives and significance of the study as well as the hypothesis and literature review. It is sought in the second chapter to explore the ethnicity problem and the right to self-determination in Africa. Chapter three deals with analysing the elements of the right to self-determination, its potentials to address the ethnicity dilemma of African and the modalities of institutionalising it. Chapter four examines the recognition of the right to self-determination under the Federal Constitution of Ethiopia and the Constitution of the Republic of South Africa, the manner in which it is entrenched and institutionalised in the set-ups of the two states and the lessons, good or ill, to be drawn from their experience. Finally, the study seeks to draw some conclusions that involve recommended suggestions." -- Chapter 1.Mini Dissertation (LLM)University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Nitana, Christine Hicks. "Nuweetanuhkôs8ânuhshômun nuwshkus8eenune8unônak 'We are working together for our young ones': Securing educational success for Mashpee Wampanoag youth through community collaboration." Thesis, Boston College, 2014. http://hdl.handle.net/2345/.
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Thesis advisor: Lisa PatelThe participatory project described here is framed by the theories of Tribal Critical Race Theory and Red Pedagogy and describes a series of focus groups that included six Mashpee Wampanoag community members who used cultural values that they identified themselves to outline the educational needs of their Tribal youth in order to contribute to the process of developing a culturally-based strategic plan to serve Tribal students. The project was an act of self-determination for the participants who chose to commit to the work of making positive changes for the future of their community in a way that only they could as insiders in their community. Participants compiled a list of skills they felt were necessary to the health and success of their young people, separated into categories of "life skills," "academic skills" and "traditional skills." Also discussed are issues of insider research in Tribal communities, Indigenous connections land, Tribal identity, and aboriginal rights
Thesis (PhD) — Boston College, 2014
Submitted to: Boston College. Lynch School of Education
Discipline: Teacher Education, Special Education, Curriculum and Instruction
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Farah, Mohamed D. "Tension between the right to external self-determination and territorial integrity in Africa : Somaliland as a case study." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/16760.
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The concept of nation-state was imposed on the African continent.
The African state is not the product of natural growth of the African peoples from tribal societies to nations.The colonial masters brought to Africa a nation-state that was based on legal and philosophical principles evolved elsewhere in the world.These principles became the measurements against which any nation should be tested to qualify for statehood. Accordingly, African borders were drawn.
The two conflicting principles of self-determination and territorial integrity are amongst those principles.
The former entails the right to peoples to determine their destination both politically
and economically. The latter protects countries from fragmentation. The irony is how to ensure that all peoples achieve their right to self-determination and at the same
time, national states are protected from dissolution.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Magnus Killander of the Faculty of Law, University of Pretoria, Pretoria, South Africa. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Bastida, Muñoz Crescencio. "Five hundred years of resistance, self-determination and political strategies for rejuvenation among indigenous peoples of Mexico." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq22064.pdf.
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Jenkins, Stephen. "Australia's Commonwealth Self-determination Policy 1972-1998 : the imagined nation and the continuing control of indigenous existence /." Title page, contents and abstract only, 2002. http://web4.library.adelaide.edu.au/theses/09PH/09phj522.pdf.
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Bastida, Munoz Crescencio Carleton University Dissertation Political Science. "Five hundred years of resistance; self-determination and political strategies for rejuvenation among indigenous people of Mexico." Ottawa, 1997.
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Hiraldo, Danielle Vedette. "Indigenous Self-Government under State Recognition: Comparing Strategies in Two Cases." Diss., The University of Arizona, 2015. http://hdl.handle.net/10150/605217.
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Contemporary events frequently call into question the status of state-recognized Native nations. For example, the National Congress of American Indians (NCAI) failed to pass a resolution dissolving state-recognized membership; and the Government Accountability Office (GAO) has reported on the reality of federal funding being awarded to non-federally recognized Native nations. Although state-recognized Native nations are handicapped in their strategies and the availability of resources to assert their right to self-determine, some have persevered despite the inability to establish a direct relationship with the national government. Reconsidering federalism as it pertains to Native nations reveals opportunities for non-federally recognized Native nations to access resources and assert self-governing authority in alternative arenas outside the exclusive tribal-national government-to-government relationship. My research analyzes how two state-recognized Native nations, the Lumbee Tribe of North Carolina and the Waccamaw Indian People of South Carolina, have operated as political actors; have maintained their communities; have organized politically and socially; and have asserted their right to self-determine by engaging state—and at certain times federal—politics to address needs within their communities. I used a qualitative case study approach to examine the strategies these two state-recognized Native nations have developed to engage state relationships. I argue that state-recognized Native nations are developing significant political relationships with their home states and other entities, such as federal, state, and local agencies, and nonprofits, to address issues in their communities.
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Fleury, Thibaut Charles. "La question du territoire aux Etats-Unis de 1789 à 1914 : apports pour la construction du droit international." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020018/document.
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Cette étude repose sur l’hypothèse selon laquelle, de l’adoption de la constitution fédérale à la Première Guerre Mondiale, l’expansion territoriale des États-Unis d’Amérique, de même que le projet fédéral, ont appelé une « construction » des règles et principes du droit international au sein même des frontières américaines. Car, en 1789 déjà, tant les États-Unis,que les États membres de la Fédération ou les Nations indiennes, revendiquent sur tout ou partie de cet espace la souveraineté que reconnaît le droit international à tout « État ». C’est alors en définissant, en aménageant, en repensant, les notions d’ « État » ou de « souveraineté » sur un territoire, les conditions de détention et de formation d’un titre territorial, ou encore en fixant la valeur juridique interne du droit international, que ces revendications seront – ou non –satisfaites. Fondé sur l’analyse de la pratique, de la doctrine et de la jurisprudence américaines durant le « long XIXe siècle », ce travail a ainsi pour objet d’interroger la question du territoire telle qu’elle se pose au sein de cet « État fédéral » territorialement souverain que constitueraient les États-Unis. Il espère ce faisant mettre au jour des constructions du droit international dont l’actualité tient à leur objet : la question du territoire aux États-Unis entre 1789 et 1914interroge en effet les principales notions et problématiques de ce droit – au premier rang desquelles celle de l’articulation spatiale des compétencesThis study is based upon the hypothesis that, from the entry into force of the federal constitution to the First World War, the United States territorial expansion, as well as the federal project, called for a « construction » of international law’s rules and principles within the American boundaries. It is to be remembered that, in 1789, the United States, the member States and the Indian Nations claimed for themselves, on parts or the whole of that space, the sovereignty that every « State » is entitled to according to international law. It is therefore by defining, adapting, or rethinking the notions of « State » or « territorial sovereignty », the conditions required for a territorial title to be held or formed, and by setting the legal status of international law, that those claims have been enforced – or not. Grounded upon the analysis of the American doctrine, practice and case law, the purpose of this study is thus to inquire about territorial issues as raised within what is usually described as a « federal State », sovereign on its territory. Because those issues, and mainly jurisdictional ones, are fundamental to international law, this work hopes to bring to light constructions of international law which are still relevant today
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Summers, James. "The idea of the people the right of self-determination, nationalism and the legitimacy of international law /." [S.l. : s.n.], 2004. http://ethesis.helsinki.fi/julkaisut/oik/julki/vk/summers/.
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MEDEIROS, ANA CAROLINA CAVALCANTI DE. "RIGHT OF SELF-DETERMINATION IN THE WORK OF KWAME NKRUMAH IN THE DECADES OF 1940 AND 1960." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2017. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=32293@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICO
Esse trabalho visa compreender como a ideia de direito de autodeterminação foi mobilizada nas obras de Kwame Nkrumah, entre as décadas de 1940 e 1960. Considera-se que o autor fez uso de uma linguagem de direitos disponível ao longo do século XX e, ao priorizar a noção de direito de autodeterminação, conferiu a essa um sentido específico de crítica à colonização e reivindicação de independência para o continente africano. Problematiza-se os significados atribuídos por Nkrumah ao direito de autodeterminação a partir da consideração que essa linguagem de direitos estava em circulação e fora mobilizada por outros grupos pan-africanos e organizações internacionais como a ONU. Nesse sentido, também são analisados a Declaration to the Negro peoples of the World, as Resoluções Finais do Congresso de Manchester, as Resoluções Finais da Conferência de Bandung, a Declaração de Concessão de Independência para os países e povos Coloniais, o Pacto Internacional de Direitos Civis e Políticos e o Pacto Internacional de Direitos Econômicos, Sociais e Culturais.
This work seeks to understand how the idea of right of self-determination was mobilized in the works of Kwame Nkrumah, between the decades of 1940 and 1960. It is acknowledge that this author made use of a language of rights available through the twentieth century and prioritized the notion of self-determination to criticize the colonization and to claim independence for the African continent. The meanings attributed to the notion of self-determination by Nkrumah are discussed considering that this language of rights were in circulation and had been mobilized by other pan-African groups and international organizations such as UN. So, during this work, it is also analyzed the documents: Declaration to the Negro peoples of the World, Final Resolutions of Congress of Manchester, Final Communiqué of Afro-Asian Conference of Bandung, International Convention on civil and political rights, International Convention on economic, social and cultural rights.
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Sjögren, Ingela. "To be or not to be American : Statehood and Peoplehood in Native American Self-identification during the Self-determination era." Doctoral thesis, Stockholms universitet, Historiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-110486.
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As colonized peoples Native Americans have had a complicated relationship to the United States. They have faced the question of whether they should demand tribal independence or embrace American citizenship. During the early 1970s, when radical ethnic and political movements occupied center stage in the United States, and in 1992, when the 500 year anniversary of Columbus discovery of America was celebrated, the issue of Indian American identification was actualized. The various possible ways in which Native Americans could identify in relation to the United States made their identification often seem contradictory. The same group and even the same individual could identify as both part of and apart from the United States. Likewise, the same event could trigger different identifications in relation to the United States. How can this be explained? In this thesis I offer an explanation of Indian American identification that combines the perspectives of world view and historical context. Native Americans have related to two different world views, a Western world view which imagines a world made up of states, and a "traditional" Indian world view which imagines a world made up of peoples placed on their lands by the Creator. Different ways of understanding the world impacted how Native Americans understood "America," as USA or Indian ancestral homelands. Different world views provided different images of Native American relationship to the United States. These images could be put forward or be actualized in different contexts. The historical context influenced which images were most commonly chosen. During the 1970s, given the period's generally revolutionary discourse, more separatist images were prominent. In 1992, when a government-to-government relationship between tribal and federal governments was firmly established, Indians chose a more inclusive relationship to the Untied States.
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Sugiki, Akiko. "A conception of the right to self-determination as a collective human right : its significance for human rights and political stability in the Asia-Pacific." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395947.
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Rainie, Stephanie Carroll, Jennifer Lee Schultz, Eileen Briggs, Patricia Riggs, and Nancy Lynn Palmanteer-Holder. "Data as a Strategic Resource: Self-determination, Governance, and the Data Challenge for Indigenous Nations in the United States." UNIV WESTERN ONTARIO, 2017. http://hdl.handle.net/10150/624737.
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Data about Indigenous populations in the United States are inconsistent and irrelevant. Federal and state governments and researchers direct most collection, analysis, and use of data about U.S. Indigenous populations. Indigenous Peoples' justified mistrust further complicates the collection and use of these data. Nonetheless, tribal leaders and communities depend on these data to inform decision making. Reliance on data that do not reflect tribal needs, priorities, and self-conceptions threatens tribal self-determination. Tribal data sovereignty through governance of data on Indigenous populations is long overdue. This article provides two case studies of the Ysleta del Sur Pueblo and Cheyenne River Sioux Tribe and their demographic and socioeconomic data initiatives to create locally and culturally relevant data for decision making.
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Genem, Suaad. "The right of self-determination of the Palestinians in Israel : a study in the light of international law." Thesis, University of Exeter, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369980.
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Kanyavongha, Bussarakham. "Immigration as A Human Right." Thesis, Linköping University, Centre for Applied Ethics, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-8204.
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The study argues that implicit in the Universal Declaration of Human Rights, the principle of immigration as human rights is supported by principle of positive freedom, negative freedom, and equal autonomy. The study endorses a liberal egalitarian perspective by claiming that human right to immigrate promotes equal autonomy. The study also investigates why the principle of immigration as a human right has been dismissed by doctrines within Liberalism. It argues that a state lacks a legitimacy to employ a principle of national self-determination against the immigration issue. Instead, a state has a moral obligation to the protection of a human right to immigrate; it also has a duty to provide equal social rights to the immigrants in compared with those of the citizens.
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Yung, Nancy. "The right to be killed : reassessing the case for the moral right to voluntary active euthanasia." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:2aa54686-b621-4323-b836-ce6099b5d2fd.
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This thesis defends an individual's moral right to be aided in dying by a physician (that is, voluntary active euthanasia, or VAE), but departs significantly from the view in its favor generally accepted in the bioethics literature. The prevailing view appeals to both respect for an individual's autonomy and promotion of an individual's well-being as necessary conditions for a right to VAE, so as to justify the right only for those suffering grave illnesses and/or disabilities. The author argues that such a view is logically untenable; one or another aspect must be given up. Since invoking the premise that certain individuals would be better off dead necessarily relies on controversial assumptions about both the value of life and the nature and value of death, about which reasonable people disagree, it is the justification from an individual's best interest which must be excluded in a liberal society. The author endorses a self-determination justification for the right to VAE, but rejects understanding this in terms of respecting personal autonomy, instead making the case for a right to VAE grounded in self-ownership. The author's main conclusion is that the right to VAE is a general right applying to all competent adults, not only those suffering grave illnesses or disabilities, or those whose choice for VAE is an exercise of autonomy. Moreover, by analyzing the basis of physician authority over prescription medicine and how this can be justified to a society of self-owners, she maintains that individuals have not only the right to choose VAE without state interference, but also the right to be provided VAE by doctors. Nevertheless, both rights are compatible with reasonable limitations to protect both the interests of VAE seekers and the rights of others.