Dissertations / Theses: 'Indigenous rights'

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Rossi, Stefano <1989&gt. "The Rights of Indigenous Peoples." Master's Degree Thesis, Università Ca' Foscari Venezia, 2014. http://hdl.handle.net/10579/4207.

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La presente ricerca si prefigge di comprendere non solo la posizione internazionale, ma anche nazionale, che i popoli indigeni attualmente occupano in vari paesi latinoamericani. Partendo da un'analisi dei diritti umani e dei numerosi strumenti internazionali rivolti alla protezione e sviluppo degli stessi, il principale obiettivo di tale studio è quello di fornire al lettore la possibilità di verificare se realmente, nel caso dei popoli indigeni del Sud America, i diritti umani siano rispettati o se la complicata e, a volte, rugginosa macchina dei diritti umani non risulti in grado di fornire protezione a tali popolazioni. Si prenderanno in considerazione gli sviluppi delle richieste dei popoli indigeni e il processo attraverso il quale la comunità internazionale ha affrontato il problema del riconoscimento dei diritti di tali popoli, attraverso un' analisi di quelli che sono i documenti internazionali concernenti tali popolazioni e come, gli stessi popoli indigeni siano stati in grado di far fronte a realtà avverse e contrarie all'effettivo riconoscimento dei loro diritti. Infatti, come la storia ci mostra, i popoli indigeni sono stati spesso considerati semplici gruppi di individui, etichettati a volte come selvaggi, che dovevano esser integrati nel contesto nazionale, dapprima, e in quello internazionale poi, dimenticando in tal modo le loro peculiarità e culture.

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Frías, José. "Understanding indigenous rights : the case of indigenous peoples in Venezuela." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31158.

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On December 15, 1999, the people of Venezuela approved a new Constitution, which is the first Venezuelan constitution to entrench the rights of indigenous peoples. The purpose of this thesis is to analyze the different theoretical issues raised by the problem of rights for indigenous peoples. It is argued that indigenous rights are collective rights based on the value of cultural membership. This implies both an investigation of the value of cultural membership and of the criticisms that the multicultural perspective has offered against that point of view.
Indigenous peoples have the moral right to preserve their cultures and traditions. It is submitted that indigenous peoples have a double moral standing to claim differential treatment based on cultural membership, because they constitute cultural minorities and they were conquered and did not lend their free acceptance to the new regime imposed upon them. Therefore, they constitute a national minority, with moral standing to claim self-government and cultural rights.

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3

Ejizu, Christopher I. "HUMAN RIGHTS IN AFRICAN INDIGENOUS RELIGION." Bulletin of Ecumenical Theology, 1991. http://digital.library.duq.edu/u?/bet,1522.

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4

Allington, Patrick. "Indigenous land rights in (un)settled Australia /." Title page, contents and synopsis only, 1995. http://web4.library.adelaide.edu.au/theses/09ARM/09arma437.pdf.

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5

Scofield, Katherine Bowen. "Indigenous rights and constitutional change in Ecuador." Thesis, Indiana University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10260893.

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My dissertation, Indigenous Rights and Constitutional Change in Ecuador, is motivated by a question that has inspired a rich discussion in the political theory literature: how should democracies accommodate indigenous groups? I focus on this question in the context of indigenous participation in the 2008 Ecuadorian constitutional convention. Ecuador is an interesting case in that the constitutional convention represented an opportunity for indigenous and non-indigenous groups to discuss the very topics that concern political theorists: the ideal relationship between indigenous and non-indigenous communities, the formal recognition of indigenous groups, indigenous rights, the fair economic distribution of resources, and the nature of citizenship. However, despite the fact that indigenous groups focused on constitutional change as a vehicle for indigenous empowerment, the political theory literature is largely silent on how constitutional change can affect minority groups. This silence is indicative of a larger failure on the part of political theorists to fully consider how institutions shape the normative goals of a society. Similarly, the literature on constitutional design does not examine indigenous groups as a separate case study and, therefore, provides little guidance as to how institutions can be used to empower indigenous groups.

During the constitutional convention, indigenous people in Ecuador presented their own plan for constitutional change: plurinationalism. This paradigm combined the idea of indigenous group rights with a call for alternative means of economic development, radical environmentalism, and recognition of an intercultural Ecuadorian identity. In so doing, plurinationalism moved beyond the general parameters of group rights and/or power-sharing arrangements discussed by political theorists and constitutional design scholars. In this dissertation, therefore, I examine the underlying tenets of plurinationalism, how plurinationalism was interpreted by non-indigenous people and incorporated into the 2008 constitution, and the future constitutional implications of plurinationalism. I argue that the Ecuadorian case has implications for both the political theory and constitutional design literatures: it allows political theorists to move beyond the language of indigenous rights to consider other institutional avenues for indigenous empowerment and points to value for design scholars in considering indigenous people as a separate case study, reframing assumptions about constitution-making in divided societies.

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Wachira, George Mukundi. "Vindicating indigenous peoples' land rights in Kenya." Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-01212009-162305/.

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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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Toha, Kurnia. "The struggle over land rights : a study of indigenous property rights in Indonesia /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9627.

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Tomlinson, Kathryn. "Negotiating rights : indigenous rights, land and the power line conflict in Venezuela." Thesis, University of Sussex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.419811.

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Fogarty, Jane Catherine. "Towards an Australian republic, constitutionalising indigenous land rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0003/MQ40989.pdf.

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11

Breske, Ashleigh M. L. "Politics of Repatriation: Formalizing Indigenous Cultural Property Rights." Diss., Virginia Tech, 2018. http://hdl.handle.net/10919/96766.

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This project will be an empirical study into repatriation as a political practice. This theoretically-oriented project investigates how institutions and cultural values mediate changes in the governance of repatriation policy, specifically its formalization and rescaling in the United States. I propose a critical approach to understanding repatriation; specifically, I will draw together issues surrounding museums, repatriation claims, and indigenous communities throughout the development of the Native American Graves Protection and Repatriation Act (NAGPRA) in 1990 and current repatriation policy. The interdisciplinary academic narrative I build will explore practices of repatriation and how it relates to the subject of indigenous cultural rights. Using the University of Pennsylvania Museum of Archaeology and Anthropology in Philadelphia, PA and the Field Museum of Natural History in Chicago, IL as models for the repatriation process, I will show the historic political tensions and later attempts to repatriate culturally significant objects and human remains in the United States. By examining entrenched discourses prior to NAGPRA and what changed to allow a new dominant discourse in the debates over repatriation claims, I will show that culturally-structured views on repatriation and narratives surrounding indigenous cultural property were transformed. By examining ownership paradigms and analyzing discourses and institutional power structures, it is possible to understand the ramifications of formalizing repatriation. The current binary of cultural property nationalism/cultural property internationalism in relation to cultural property ownership claims does not represent the full scope of the conflict for indigenous people. Inclusion of a cultural property indigenism component into the established ownership paradigm will more fully represent indigenous concerns for cultural property. Looking at the rules, norms and strategies of national and international laws and museum institutions, I will also argue that there are consequences to repatriation claims that go beyond possession of property and a formalized process (or a semi- formalized international approach) can aid in addressing indigenous rights. I will also ask the question, does this change in discourse develop in other countries with similar settler colonial pasts and indigenous communities, i.e. in Canada, New Zealand, Australia? My work will demonstrate that it does. Essentially, the repatriation conversation does not immediately change in one country and then domino to others. Instead, it is a change that is happening concurrently, comparative to other civil rights movements and national dialogues. The cultural and institutional shifts demanding change appear to have some universal momentum. The literatures to which this research will contribute include: museum studies, institutional practices, material cultural and public humanities, and indigenous right.
PHD

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12

Kingsbury, Benedict. "Indigenous peoples in international law." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334165.

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13

Down, Sarah. "Māori and Minerals: Debating Rights." Phd thesis, Canberra, ACT : The Australian National University, 2018. http://hdl.handle.net/1885/149166.

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The last decade has seen the government in Aotearoa New Zealand place greater economic focus on exploiting mineral resources. As a result, the matter of Māori rights and interests in relation to these resources is of increased relevance and has become a highly charged national issue. The Waitangi Tribunal (‘Tribunal’) has released a number of reports since 1991 that discuss and make recommendations on Māori rights in relation to various mineral resources including pounamu (greenstone), petroleum and gold. This thesis critically analyses the jurisprudence and associated discourse developed by the Tribunal regarding Māori rights and interests in relation to minerals. The Tribunal’s reports are currently underexplored, yet are vital to understanding the issues, complexities and obstacles associated with claims to mineral rights, not only for Māori but for other Indigenous peoples. This is because the inconsistent approaches and recommendations produced by the Tribunal highlight different ways in which arguments about Māori rights in relation to minerals can be conceived and constructed. The core focus of this thesis is on identifying the legal arguments by which Māori claims to minerals rights in each of the Tribunal reports have been considered, recognised, limited, and/or transformed. This thesis then analyses how the Crown responded to the Tribunal’s reports, and how the Crown and iwi have engaged with each other and the Tribunal over the matter of mineral rights through the Treaty settlement process and the review and subsequent amendment of the primary legislation governing minerals, the Crown Minerals Act 1991 (CMA). In so doing, this thesis provides a picture of Māori rights in relation to minerals, and highlights the unresolved issues between Māori and the Crown through the lens of the Tribunal and its discourse.

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Midzain-Gobin, Liam. "Letting the Right One In: The Formulation & Articulation of a Rights-based Discourse for the International Indigenous Movement." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34104.

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At the international level, indigenous activism has increasingly taken the form of advocating for ‘indigenous rights.’ These rights-based claims are articulated through a human rights framework, exemplified by the UN Declaration on the Rights of Indigenous Peoples, which was passed by the UN General Assembly in September 2007. Since this time, the Declaration has become the focal point of indigenous activism at the international – and domestic – levels. Proponents of the DRIP have claimed that it moves international law into a “post-Eurocentric” position, and that for the first time, the rights of indigenous peoples have been recognized by the international community. This thesis interrogates the rights-based discourse employed in international indigenous activism. Using postcolonial and poststructuralist theory, it puts forward a hypothesis of double-movement governance affecting indigenous peoples throughout the world. In this thesis, the double-movement is made up of relations between biopolitical management of indigenous lives, and neoliberal governmentality, which come together to establish the power relations within our present-day colonial system. This double-movement governance is then connected to Glen Sean Coulthard’s critique of a politics of recognition framework, on which human rights are based. Together, this theory forms my hypothesis that instead of providing indigenous peoples with emancipatory pathways out of the colonial present, indigenous rights discourses further entrench colonial norms and hierarchies within indigenous communities, and between States and indigenous peoples. Having established my hypothesis, I then test it with empirical data from the Declaration, indigenous fora at the UN, and domestic laws, agreements and policies. Taking the evidence into account, I argue that despite meaningful steps being taken to establish collective rights for indigenous peoples, a rights-based discourse does indeed continue to entrench colonial norms and hierarchies within indigenous communities and between States and indigenous peoples. This is in part because of issues of translation that occur when indigenous claims are articulated through a human rights framework, but also because a system based upon a politics of recognition – such as a human rights framework – is unable to move indigenous peoples out of the present-day colonial relations of power in which they live. Ultimately, such a system is only able to offer indigenous peoples ‘white liberty and white justice.’

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Paterson, Travis. "Cultureless rights : the cultural framework for indigenous rights in the Canadian and Australian judiciaries." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/28606.

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The relationship between the common law of Canada and Australia and Indigenous peoples has been one plagued by the logic of dispossession and domination. For over 200 years colonial courts effectively ignored Indigenous claims to the continued existence of their rights to traditional lands and self-government. In their respective attempts to address their own colonial histories, the Canadian and Australian courts have both begun to recognize the rights and title of Indigenous peoples to their traditional land-bases. Initially this gesture appeared to promise greater rights and freedoms for Indigenous peoples, including entitlement to self-government and the right to manage and benefit from traditional lands without the need for external authorization. Unfortunately, however, in a number of recent decisions the progress demonstrated by the courts in earlier cases has stalled, even reversed. This thesis will demonstrate that where the Canadian and Australian courts have recognized Indigenous rights and title they have done so by applying a culturalist framework. I argue that this culturalist framework has served to arbitrarily circumscribe the scope of Indigenous rights to a narrowly conceived bundle of “cultural” rights which privileges the sovereignty and title of the state over that of Indigenous peoples. Because of their reliance on a cultural approach to the interpretation of Aboriginal rights, common law courts have proven to be severely restricted in their capacity to recognize rights that would translate into greater freedom and equality for Indigenous peoples. In light of this, I conclude that although the law can be a powerful tool for furthering Indigenous rights, the courts cannot be the primary source of greater freedom and equality. Because of their inherently conservative nature courts often follow precedent and generally rely on norms and rules already accepted in the greater society. For this reason, although they can protect and encourage certain rights movements, the courts must radically alter their conceptual framework before significant changes and improvements can be made to Indigenous title jurisprudence.

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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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Orellano, Jorge. "Indigenous Rights in Venezuela and the Problem of Recognition." Pontificia Universidad Católica del Perú, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/78604.

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El reconocimiento de los derechos indígenas en la Constitución de 1999 de Venezuela supone una tensión conceptual en la forma de concebir la ciudadanía: significa el tránsito de una ciudadanía homogénea a otra de carácter multicultural. Sin embargo, la realización de esos derechos ha encontrado dificultades prácticas relativas a la titulación de tierras, carencia de respaldo político a los intereses indígenas, conflictos con las fuerzas armadas, entre otros, que hacen perder de vista los problemas conceptuales que subyacen al reconocimiento y la construcción de ciudadanía. El objetivo de este ensayo, basado en una metodología hermenéutica y apoyada en el análisis del discurso de fuentes documentales, será exponer algunas reflexiones sobre las tensiones conceptuales que subyacen a los problemas de realización de los derechos indígenas en Venezuela en la última década, en especial aquellos relacionados con la construcción de una ciudadanía multicultural. Entre los principales hallazgos destacan la asimilación solapada y el falso reconocimiento en que ha incurrido el actual régimen institucional, y se concluye apuntando la necesidad de avanzar en una concepción intercultural para superar la mera condición multicultural de los derechos indígenas, aunado al necesario impulso de un marco democrático representativo para un genuino reconocimiento y ciudadanía plena.
The recognition of indigenous rights in the Constitution of Venezuela 1999 represents a conceptual tension in the way of conceiving the citizenship: means transit of a homogeneous citizenship to other multicultural character. However, the realization of those rights has found practical difficulties relating to land titling, lack of political backing for indigenous interests, conflicts with the armed forces, among others, that do lose sight of the conceptual problems underlying the recognition and the construction of citizenship. The aim of this trial, based on a hermeneutic methodology and supported in discourse analysis of documentary sources, will be present some reflections on conceptual tensions that underlie problems of realization of indigenous rights in Venezuela in the last decade, in particular those related to the construction of a multicultural citizenship.The main findings include overlapping assimilation and false recognition that has incurred the current institutional regime and we conclude pointing the need to move forward in an intercultural concept to surpass mere multicultural condition of indigenous rights coupled with the necessary impulse of a representative democratic framework for a genuine recognition and full citizenship.

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Menell, David. "The application of geomatic technologies in an indigenous context : Amazonian Indians and indigenous land rights." Thesis, University of St Andrews, 2003. http://hdl.handle.net/10023/1000.

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Indigenous people have employed Western analogue techniques (maps, charts, etc) to support their land rights ever since their traditional territories came under threat. Although indigenous groups utilise such tools there is still a significant divide between the epistemological conception of these analogue techniques and the ontology of the indigenous people. This research looks at one of the latest technologies to be utilised by indigenous peoples, that of geomatics technologies. It examines their design and application using the analytical techniques of anthropology juxtaposed with the geographical methodologies. Using both the literature and three case studies drawing from fieldwork conducted in the Peruvian Amazonian I argue that although previous analogue techniques carried a certain epistemological baggage, they were effectively neutral and did not impact of the ontology of the indigenous peoples. Geomatics technologies are not neutral and carry more than just baggage, so they are not so simply appropriated. Indigenous conceptions of landscape are not compatible with the current design of geomatics technologies but indigenous federations are increasingly employing them. The indigenous federation along with non-governmental organisations adopt the geomatics technologies because of their perceived authority in land rights and their applications in land management and saving cultural heritage. The State recognises this authority because the design and output of geomatics conforms to its legal system. However, indigenous peoples have a different agenda and conception of land rights. Their agenda is based on revitalising their heritage and land rights derived through self-determination. This research reveals such issues of power, politics and authenticity behind its application and the ontological and epistemological philosophy of its design.

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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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Mainville, Robert. "Compensation in cases of infringement to aboriginal and treaty rights." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30317.

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This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)

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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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Makmillen, Shurli. "Land, law and language : rhetorics of Indigenous rights and title." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/26370.

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For good or ill, settler Indigenous relations in settler colonies around the world are being framed by longer and more complex texts. This renders the study of language more important than ever, especially as the frameworks and perspectives of Aboriginal people are increasingly given their due; it also raises the question about other strategies for resistance and redress, such as the role of the arts, politics, culture and media. This thesis explores these issues with respect to assumptions and debates about language and meaning, about language and culture, and about legal and literary language in a selection of genres in which natives and newcomers in British Columbia and Aotearoa/New Zealand mediate their claims about land, about government, and about what counts as legitimate knowledge. No longer is it correct to enforce paradigms of Western justice, nor to essentialize or exoticize Indigenous cultural production. But what is taking their place and how do particular rhetorics of language and of difference structure these legal and literary genres in this particular "contact zone"? That language is used in ways to serve situations is fundamental to rhetorical genre theory; that subsequent interpretations of this language use may serve subsequent often quite different situations is also of interest, and part of the action of genre. As a hermeneutical concept, genre can mediate between discourse and sentence levels of analysis in ways that keep audience effects in mind. But in the case of these genres both speakers and audiences can be polarized, dispersing intentions, uptakes, and effects. Theories of rhetoric and genre, which are my conceptual foundation, need amendment to account for this. Generating a more nuanced account of genre helps me develop a category of genres called contact genres: those genres in which rhetorical situations may be profoundly differently construed and yet they maintain their stability in order to address and dissolve colonialism’s culture.

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Sam, Marlowe Gregory. "Oral narratives, customary laws and indigenous water rights in Canada." Thesis, University of British Columbia, 2013. http://hdl.handle.net/2429/45247.

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Prior to the European discovery and colonization of North America the Indigenous peoples managed their natural environment through a management regime that was guided by traditional governance systems that were based within the oral tradition. Since the assertion of European authority the water rights of indigenous peoples were subsequently diminished and infringed upon by colonial policies that derived from the doctrine of discovery. In the contemporary era the Supreme Court of Canada has determined that the priority water rights of Canada's aboriginal peoples must be proven under the premise of European concepts of land ownership and entitlement. It is my intent to use the oral narratives of the Syilx (Okanagan) to provide evidence of the ancient customary laws and practices that guided the management practices over this natural resource. To substantiate the existence of the customary laws of indigenous peoples I use primary research gathered from Syilx (Okanagan) and Secwepemc (Shuswap) informants. Previously published and unpublished oral narratives that were recorded and transcribed during the twenty-first century will also be used in this inquiry. Prior to the arrival of Europeans a phenomenon of globalization greatly influenced the development of colonial policies and laws that in turn impacted modern day Supreme Court decisions in both the United States and Canada. An analysis of the manner in which the Supreme Court decisions infringed upon the human and aboriginal right to water will be used to determine both the weaknesses and strengths of the priority rights of water that have been held in perpetuity by aboriginal peoples within Indigenous North America.

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Kamau, Virginia Njeri. "Achieving sustainable development and indigenous rights in Africa : tensions and prospects." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5451.

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The key research question explored in this study is: can a state attain its national economic development objectives and at the same time advance the rights of indigenous groups? Examines the tensions and prospects of the coexistence of both the rights of indigenous peoples in Africa and sustainable development with reference to selected case studies and approaches adopted by World Bank (WB) and United Nations Development Programme (UNDP).The broad objectives of the study are: (a) To examine the link between indigenous peoples’ rights and sustainable development, (b) To explore the manner in which the international legal framework and African human rights system responds to the problem of indigenous in development, (c) To analyse key case studies of indigenous rights and development in Kenya, Botswana, and South Africa and explore emerging approaches by the WB and UNDP, (d) To make proposals on mechanisms for mediating indigenous peoples’ rights and national development aspirations.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
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 Angelo Matusse of the Faculty of Law, Universidade Eduardo Mondlane, Mozambique.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

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Venne, Sharon Helen. "Our elders understand our rights, evolving international law regarding indigenous peoples." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq21232.pdf.

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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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Bailey, Brie. "The Guatemalan Peace Accords indigenous rights and the promise of peace /." [Gainesville, Fla.] : University of Florida, 2009. http://purl.fcla.edu/fcla/etd/UFE0024676.

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Munarriz, Gerardo J. "Indigenous peoples and international human rights law : mining, multinational corporations and the struggles of indigenous peoples in Peru." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/62915.

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This thesis examines and questions the role of international human rights law and international economic law in relation to the increasing encroachment and dispossession of Indigenous lands and territories by multinational corporations (MNCs) in the extractive industry. It also aims to explore the role of a national state’s legal framework and policies not only in validating, authorizing and embedding this process, but also in authorizing a growing and pervasive trend of persecution and criminalization of Indigenous communities who challenge and resist MNCs’ operations. The examination of the relationship between national and international law provides a terrain to grasp how international economic law and international human rights law have become part of evolving regulatory architectures of global governance aiming to validate and embed global capital accumulation. Focusing on Peru, this thesis argues that law, particularly international economic law and the legal framework developed in Peru since the 1990s, has played a prominent role in facilitating and embedding multinational corporate investment in the extractive industry, and in weakening the rights of Indigenous and peasant communities to control their land, water and resources. Peru’s legal framework and policies on extractive industries have not only validated the expansion of MNCs operations and dispossession of Indigenous lands, but have also validated a growing trend of persecution and criminalisation of Indigenous communities. While international economic law constitutes, enables and protects MNCs, international human rights law and corporate social responsibility mechanisms are linked to and help to extend the expansion and deepening of global capital accumulation by means of laws and regulations designed to facilitate and remove barriers to the power and mobility of MNCs. Notwithstanding legal and socio-economic barriers, Indigenous communities have mobilized against and resisted MNCs operations. A comparison of three conflicts involving corporate actors and local communities reveals the existence of intense social mobilization and resistance of Indigenous and peasant communities to defend their land rights, their environment and livelihood, their participation in the decision making process and fair distribution of economic benefits.
Law, Peter A. Allard School of
Graduate

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Lai, Dominic. "Compliant(ish) : norm evasion and avoidance in doping, tax, and Indigenous rights." Thesis, University of British Columbia, 2016. http://hdl.handle.net/2429/59082.

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Norms literature assume that opponents of norms do not comply with its prescriptions, and will actively reject its’ logic patterns. While this may describe some patterns of norm contestation, actors that openly contest generally accepted norms may incur unbearable penalties. Other theories presume that a state may accept a norm’s logic patterns, but not comply as a result of an inability to comply. Evasion and avoidance present a different way of envisioning how actors may approach norms, compliance, and logic systems by delinking compliance and acceptance of normative logic. These concepts introduce opportunism as a key variable that also challenges presumptions about actor intentions. By examining the cases of doping in sport, tax law, and Indigenous rights, a pattern emerges where actors have been able to manipulate a norm’s compliance signals to technically comply with a norm while defeating the norm’s objectives. In turn, this allows actors to enjoy the benefits of non-compliance or partial compliance and compliance simultaneously, and escape detection by appearing to be compliant with the norm itself. These two concepts implicitly challenge the concept that compliance is a binary variable, and builds on a growing literature that suggests that the grey area between the poles of compliance and non-compliance may be more complex than expected.
Arts, Faculty of
Political Science, Department of
Graduate

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Price, Kerry. "Contested space : the construction of wilderness and the rights of indigenous Australians /." Title page, contents and abstract only, 1996. http://web4.library.adelaide.edu.au/theses/09ENV/09envp945.pdf.

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Thesis (M. Env. St.)--University of Adelaide, Mawson Graduate Centre for Environmental Studies, 1997.
Map 5 is folded and in pocket inside back cover. Includes bibliographical references (leaves 95-105).

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Reimerson, Elsa. "Nature, culture, rights : exploring space for indigenous agency in protected area discourses." Doctoral thesis, Umeå universitet, Statsvetenskapliga institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-110737.

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There is considerable geographical overlap between areas set aside for nature conservation or protection and Indigenous peoples’ lands, and the social, economic, and political consequences of protected areas have often been extensive for Indigenous peoples. Discourses of conservation converge with discourses of Indigenous peoples, and both carry a legacy of colonial constructs and relationships. With these overlaps as a point of departure, the purpose of this thesis is to explore how the discourses that govern nature conservation and protected areas shape the conditions for Indigenous peoples’ influence and participation in the governance and management of protected areas on their lands. I pursue this aim by analyzing, and critically examining the consequences of, the construction of Indigenous subject positions and conditions for agency in discourses of nature conservation and protected areas. The empirical focus of the thesis lies with international discourses of protected areas and Indigenous peoples and on local and national discourses articulated in relation to two cases of protected areas in Sápmi. My analytical framework builds on postcolonial theory and discourse theory. I use space for agency as a concept to describe and analyze the effects of the discursive positionings and constructions that shape the ability or capacity of individuals or group to act or to be perceived as legitimate actors. My results show twomain articulations of Indigenous subject positions in protected area discourses, which enable and restrain the space for Indigenous agency in different ways. One articulation connects Indigenous peoples to conservation through the concept of traditional knowledge, thereby positioning Indigenous subjects mainly as holders of traditional knowledge and justifying Indigenous influence by its potential contribution to conservation objectives. The other articulation focuses on the rights pertaining to Indigenous peoples as peoples, including land rights and the right to selfdetermination. These articulations are not necessarily mutually exclusive, but they have potentially different consequences and indicate discursive tensions that can affect the space for Indigenous agency in relation to protected areas. Moreover, my results demonstrate the hegemony of discourses that takes conservation through area protection for granted and subordinates Indigenous land use to conservation objectives, structure Indigenous agency as “participation” in specific types of arrangement, and articulate Indigenous rights in relation to hegemonic constructions of sovereignty, self-determination, and rights. These hegemonic formations silence articulations that would challenge the authority of colonizing societies over Indigenous territories, suppress radical critique of the fundamental nature of arrangements for protected area governance and management, and subdue alternatives to discourses of contemporary liberal democracy and individual property rights.

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Fan, Rebecca C. "Governing indigenous knowledge? : a study of international law, policy, and human rights." Thesis, University of Essex, 2015. http://repository.essex.ac.uk/16538/.

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The story of indigenous peoples’ knowledge systems, also known as indigenous knowledge (hereafter IK), is a complex one tangled with different and sometimes conflicting interests, values, and interpretations from a variety of disciplines, or specialized fields. A number of international treaty and trade agreements that want to ‘harness’ IK also turned it into an object of global governance, as this PhD study argues. This study also argues that the well-being of IK has gradually emerged as a global agenda for sustainable development and intergenerational justice, which constitute the defining characteristics of contemporary discourse of heritage. Consequently, IK issues and debates have become more versatile and multifaceted with a widening scope and mounting stakes. This is a sociological and legal study of knowledge that analyses the epistemological struggle resulting from different understandings of the nature and purpose of IK, which has causal relationship with the inadequacies of the governing regimes documented in this study. This study argues that such struggle and inadequacy form the core problem for IK governance. Furthermore, this study takes a novel approach guided by indigenous peoples’ epistemology, which represents ties between ecology, landscape, and people in a web of connections, to argue that IK is a cross-cutting subject and a form of emplaced knowledge. Hence it is not simply a property issue or debate as most literature tends to focus on. This study further argues that what constitutes the cornerstone of IK claims by indigenous peoples is essentially biocultural diversity that nurtured and sustained IK as well as IK-holder communities as distinct peoples. Through an interdisciplinary approach of synergy and synthesis, this study developed a number of original ideas and frameworks to analyse this complex story of IK. By doing so, this study shows how IK is a challenging subject that is inevitably political; it is also tangled with inherently heterogenetic and incoherent regimes of governance, from intellectual property and trade to environmental governance and development to natural and cultural heritage and human rights. This study takes these regimes as sites of inquiry in the tradition of critical theory to further unpack and problematize the development imperative and the private-property-based system exercised by these regimes. Finally, this study concludes that IK governance can make or break vulnerable groups like indigenous peoples to a point of prosperity or deeper poverty and extinction. Therefore, it requires particular care with an integrated approach. This study aims to fill an important gap in the literature with recommendations for future policy and research.

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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 - LLD
The 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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Lefevre, Natalie. "Rights Claims and Conflict Transformation in Indigenous Contexts: The Case of the Awajún in Peru." Thesis, University of Bradford, 2017. http://hdl.handle.net/10454/17343.

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This dissertation examines how conflicts between the Peruvian State and the indigenous Awajún people can be transformed and further escalation prevented by focusing on rights claims. This study analyses the Awajún’s main rights claims, their perspective on their relationship with the Peruvian State including the main causes of conflict and their views on what the key aspects of conflict transformation with the State should be. The research is focused on the perspective of the indigenous people, not only in the light of the research objectives but also because a decolonized approach that gives voice to the indigenous perspective is the most culturally appropriate approach for an outsider researcher to carry out research with indigenous people. In order to ensure a decolonized research design, one-on-one, in-depth interviews were selected for data collection since these allow a maximum input of the participants and provide the kind of detailed and rich information that is required for this study. Findings illustrate that a rights-based conflict transformation approach, which applies the typical aspects of a rights-based approach focusing on the specific collective rights claims of the Awajún as well as the main principles of conflict transformation focusing on improving relationships, offers the best prospects of preventing violent confrontations.

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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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Chinwuba, Onuora-Oguno Azubike. "Assessing the rights of the indigenous child to education - a case study of the Batwa in Uganda." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8005.

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The study seeks to achieve the following: (1) Highlight the perception of the Batwa on the right to education (2) Make a case for the importance of education in the interest of the Batwa (3) Make conclusions and recommendations that will enhance the right to education of the Batwa child. Conclusions and recommendations reached would not only assist Uganda in fashioning out a model that will not seek to treat education as a means to economic end but as an end in itself. In addition, an all-encompassing model of education that will encourage quality education and training of the indigenous child to erase any form of disadvantage or inferiority already experienced by the indigenous child is proposed. Thus, the benefit of this research is not just to the Batwa but also other indigenous peoples’ in the world generally and Africa in particular
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
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 Assoc. Prof. Dr. Ben Twinomugisha of the Faculty of Law, Makerere University Kampala
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

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Hudson, Michael. "The rights of indigenous populations in national and international law : a Canadian perspective." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63181.

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Nordin, Rohaida. "The domestication of the rights of the indigenous peoples (orang asli) in Malaysia." Thesis, Lancaster University, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.535991.

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Vaca, Daza Jhanisse. "HUMAN RIGHTS VIOLATIONS TO INDIGENOUS PEOPLE IN COMPETITIVE AUTHORITARIAN REGIMES IN SOUTH AMERICA." Kent State University Honors College / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1464432307.

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Tseng, Yi-Ling. "Alliance, Activism, and Identity Politics in the Indigenous Land Rights Movement in Taiwan." University of Cincinnati / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1512045095941709.

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Takeshita, Chikako. "Coordinates of Control: Indigenous Peoples and Knowledges in Bioprospecting Rhetoric." Thesis, Virginia Tech, 1999. http://hdl.handle.net/10919/41439.

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In this thesis, I draw attention to how representations of indigenous peoples and knowledges in the rhetoric of bioprospecting weave the people into multiple coordinates of discursive control. Bioprospecting, or the exploration of biological resources in search of valuable genetic and chemical material for commercial use, is portrayed by proponents as an ideal project which benefit all of its stakeholders. I challenge such perception by exposing the power relationships underlying bioprospecting proposals as well as the various interests built into their rhetoric. My particular interest lies in exploring the implications for indigenous peoples whose appearances in bioprospecting proposals are less than voluntary. I make three claims: (1) that the representation of indigenous peoples as stewards of the environment is a role assigned to them, which is then circulated and mobilized within the bioprospecting rhetoric in order to support its arguments concerning biodiversity conservation; (2) that indigenous knowledges of the environment, of medicinal plants in particular, are taken out of their original socio-cultural contexts, utilized, appropriated, and valorized by bioprospectors who construct the rhetoric; (3) that the visibility of indigenous peoples and knowledges, which was heightened as a result of the increased interest taken in controlling them, opens up new opportunities for the people to resist misappropriation and struggle for self-definition. In short, this project takes indigenous peoples and knowledges as the intersection of forces and interests comprising an intricate web of power relationships, within which any participant can attempt to empower oneself either by resisting or manipulating the control to which one is exposed.
Master of Science

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Nkurunziza, Venant. "Protection of indigenous peoples in Africa: the case of the batwa in Rwanda." University of Western Cape, 2013. http://hdl.handle.net/11394/3910.

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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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Barker, Gordon S. "John Marshall and Native Rights: The Law of Nations and Scottish Enlightenment Influence." W&M ScholarWorks, 2003. https://scholarworks.wm.edu/etd/1539626418.

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Alamgir, Abul. "Rights of Indigenous People in Bangladesh : A Case Study in CHTs (Chittagong Hill Tracts)." Thesis, Uppsala universitet, Ekonomisk-historiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-340774.

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The CHT peace accord signed between the Government of Bangladesh and the PCJSS (Parbatya Chattyagram Jana Sanhati Samiti) in 1997 which recognized the re-establishment of the rights of indigenous people with the formation of local and regional councils as controlling and supervisory bodies over land and land management, law and order, civil administration, development programs; food, health, education, water and sanitation, forest and environment and many more. After more than a decade of signing the peace accord, it did not implement as historically the people are exploited. Human rights have been severely violated in the region for many years of the peace accord though the area is economically sound. In relating to the peace accord, the main argument of this thesis is to present the nature of the exclusion, deprivation, protect and prospects, economic rights of the ‘adivasi’ people especially Chakma in the CHTs in food and social security, health, water and sanitation, education and income via social policy perspective through using both of qualitative and quantitative method. In concerning to the objectives, the study has exposed that the income of the Chakma people in Sonai and Mayni is lower than the rest of the people of the country. They excluded from social safety net program and they have lack of social security. The study has also evidenced that the people have no access to safe drinking water and hygienic sanitation. They live in the fragile houses where have no any necessary household chores or furniture. In comparing to the education of the country, their literacy rate is lower than the mainstream people. In the Sonai and Mayni, health related service providing quality is not so good. The indigenous people need more care and the ‘social policy’ perspective has helped to play vital role in such situation.

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Kelly, Sarah. "Articulating Indigenous Rights Amidst Territorial Fragmentation| Small Hydropower Conflicts in the Puelwillimapu, Southern Chile." Thesis, The University of Arizona, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10845108.

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This dissertation examines the recognition of Indigenous territorial rights amidst the development of small hydropower in the Puelwillimapu Territory, which traditionally spans the Ríos and Lagos regions of southern Chile. Around the world, small hydropower (internationally defined as generating between 1–10 megawatts, in Chile defined as generating 20 megawatts or less) is embraced as a more sustainable alternative to large reservoir hydropower in the transition to renewable energy. However, growing scholarship recognizes that small hydropower can create significant social and ecological impacts. This ethnographic and institutional research collaboratively examines small hydropower impacts in the Puelwillimapu, providing a process-oriented analysis of how Indigenous rights are recognized, and small hydropower is developed. A collaborative research approach with the Alianza Territorial Puelwillimapu, a Mapuche-Williche ancestral alliance, examines rights, conflicts, and small hydropower impacts. Research traces how small hydropower affects Puelwillimapu physical and spiritual territory. This approach emphasizes how to blend participatory mapmaking among other methods with Trawun, a traditional form of meeting of the Mapuche Pueblo. Ultimately, analysis centers on encounters between the two clashing logics in small hydropower conflicts: Chilean institutions and Mapuche-Williche cosmovision.

As the five case studies analyzed here demonstrate, regulating small hydropower by megawatt is inadequate for preventing the repercussions experienced in Mapuche territory. Small hydropower’s careless boom also signals that, paradoxically, small hydropower has too much regulation to be easily developed, but not enough to safeguard Indigenous rights or environmental protection. The regulatory design of the Environmental Impact Assessment process is incapable of upholding ILO Convention 169 standards, an international treaty for Indigenous rights ratified by Chile in 2008.

Contrary to the official tendency to explain environmental management as a technical process, this dissertation explains recurring politics involved in small hydropower development and conflict. In scoping for the Environmental Assessment process, private consultancy companies enact a divisive politics of recognition, which furthers a historical pattern of territorial fragmentation in Mapuche territory. Second, a politics of knowledge is evident in how knowledge is recognized and produced in the Environmental Assessment process. Private consultancy groups are granted an interpretive role in the assessment process, underestimating environmental impacts while creating enduring social divisions in Mapuche-Williche communities. Inaccurate and limited scientific data is privileged over ancestral knowledge that suggests small hydropower exacerbates climate vulnerabilities such as seasonal drought. In response, the Alianza Territorial Puelwillimapu articulates a politics of scale through combining territorial mobilization and formal administrative and legal action. They seek justice in Chilean institutions in part by demanding that they be consulted at the scale of territory. As attempts for conflict resolution and dialogue continue to fall short of protecting territorial rights, the international realm becomes a more viable alternative for rights recognition. Broadly, this work contributes to geographic questions involving critical cartography, collaborative methodologies, water governance, and the transition to renewable energy. It aims to inform international scholarship on small hydropower regulation and impacts, and Indigenous rights recognition.

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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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Van, Woudenberg Gerdine. "The political constitution of indigenous land struggles, a case study of the Aboriginal rights; trickster." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0002/MQ43331.pdf.

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Monngakgotla, Oabona C. "Policy makers knowledge and practices of intellectual property rights on indigenous knowledge systems in Botswana." Pretoria : [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-07222008-123004/.

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O'Toole, Darren. "Taking Métis Indigenous Rights Seriously: 'Indian' Title in s. 31 of the Manitoba Act, 1870." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23779.

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In Sparrow, the Supreme Court of Canada stated that ss. 35(1) is “a solemn commitment that must be given meaningful content” the objective of which is to ensure that Aboriginal rights “are taken seriously.” Despite such a clear directive from the highest court, in Manitoba Métis Federation v. Canada [2007], MacInnes J. of the Queen’s Bench of Manitoba seemed incapable of taking seriously the Aboriginal title of the Métis under s. 31 of the Manitoba Act, 1870, and in no way thought of its explicit recognition as ‘a solemn commitment that must be given meaningful content’. For his part, if Scott C.J. of the Manitoba Court of Appeal was able to find a ‘cognizable Aboriginal interest’ in the expression ‘Indian title’, and thereby recognize to some extent Métis Aboriginal rights, he seemed incapable of conceiving such interests as title. This thesis is basically an attempt to ‘take seriously’ the common law Aboriginal title of the Métis. In order to do so, it first looks at the treatment of the concept of Indian title and the Royal Proclamation, 1763, in the lower courts throughout the infamous St. Catharine’s Milling and Lumber case. Subsequently, the existing common law doctrines of inherent Métis rights, those of the derivative rights doctrine, the empty box doctrine and the distinct Aboriginal people doctrine are all found to be inadequate to the task of providing cogency to the ‘constitutional imperative’ that was evoked in Powley. A fourth doctrine is therefore proposed, that of a Métis Autochthonous or Indigenous rights doctrine. In light of this, it is argued that the recognition of the ‘Indian’ title in s. 31 was not a mere ‘political expediency’ but is rooted in the underlying constitutional principle of the protection of minorities. Furthermore, insofar as the ‘Indian’ title of the Métis is taken seriously, it can be seen as having been extinguished through the federal power over ‘lands reserved for Indians’ under ss. 91(24). The legal implication is that they were, in the logic of the times, basically enfranchised ‘Indians’. Finally, by applying the grid established in Sioui for determining the existence of a ‘treaty’, it is argued that s. 31 is a ‘treaty’ or land claims settlement within the meaning of s. 35.

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Dissertations / Theses on the topic 'Indigenous rights'

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