Dissertations / Theses on the topic 'Land tenure – Indigenous peoples – Canada'
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1
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.)
2
Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.
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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.
3
Strack, Michael S., and n/a. "Rebel rivers : an investigation into the river rights of indigenous people of Canada and New Zealand." University of Otago. School of Surveying, 2008. http://adt.otago.ac.nz./public/adt-NZDU20081217.163025.
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In Canada and New Zealand there are increasing calls for recognition of aboriginal rights which previously were ignored or denied because of the application of English law to concepts of property rights and ownership. English legal principles are vitally important in Canadian and New Zealand society, but there has always been room for local adaptations which could have recognised the existing practices and rights of the indigenous peoples.
The English law makes various assumptions about ownership of rivers, dividing them into bed, banks and water, and applying various tests of adjoining occupation, tidalness and navigability to determine rights. Aboriginal property rights have been guaranteed and protected by various mechanisms such as government policy, treaty, and the courts, but there is uncertainty about the status of rivers. The form of the survey definition of reserves and rivers is also fundamental to how property rights may be determined. This thesis examines the situation of rivers in Canada and New Zealand through common law, treaty provisions and through what is now, a developing body of applicable and recognised customary/Aboriginal law. From these three legal foundations, a case study approach focuses on the practical situation of the Siksika people on the Bow River in southern Alberta, and the Kai Tahu on the Taieri River in Otago.
This investigation concludes that there are various legal mechanisms by which indigenous people may claim rights to the rivers with which they have a relationship; by resorting to English common law principles; by applying new and developing conceptualisations of customary and aboriginal rights doctrines; by appealing to tribunals examining treaty agreements; or by direct negotiation with the Crown. All of these processes require evidence of past and current relationships, use and occupation of rivers by the indigenous claimants. Current undisputed possession and control may be a satisfactory outcome, but ultimately an acknowledgement of ownership may depend on politically negotiated settlements.
4
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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Anthias, Penelope. "The elusive promise of territory : an ethnographic case study of indigenous land titling in the Bolivian Chaco." Thesis, University of Cambridge, 2014. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.707939.
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Besteman, Catherine Lowe. "Land tenure, social power, and the legacy of slavery in southern Somalia." Diss., The University of Arizona, 1991. http://hdl.handle.net/10150/185505.
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This dissertation reconstructs the settlement of the Middle Jubba Valley of Somalia by ex-slaves, their descendents, and other Somalis from 1850 to the present. It is an historical study of the construction of a social identity of the Jubba Valley agriculturalist population, and of the evolution of land tenure and land use patterns in the mid-valley. In examining the effects on valley farmers of new land tenure laws requiring registration of land, it shows how power dynamics are integral to the working of land tenure systems.
7
Wawryk, Alexandra Sophia. "The protection of indigenous peoples' lands from oil exploitation in emerging economies." Title page, contents and abstract only, 2000. http://web4.library.adelaide.edu.au/theses/09PH/09phw346.pdf.
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Bibliography: leaves 651-699. "Through case studies of three emerging economies - Ecuador, Nigeria and Russia - this thesis analyses the factors present to a greater or lesser degree in emerging economies, such as severe foreign indebtedness and the absence of the rule of law, that undermine the effectiveness of the legal system in protecting indigenous peoples from oil exploitation. Having identified these factors, I propose that a dual approach to the protection of indigenous peoples' traditional lands and their environment be adopted, whereby international laws that set out the rights of indigenous peoples and place duties on states in this regard, are reinforced and translated into practice through the self-regulation of the international oil industry through a voluntary code of conduct for oil companies seeking to operate on indigenous peoples' traditional lands."
8
Harris, Susan L. "Conservation easements on Mexican ejidos an alternative model for indigenous peoples /." Online pdf file accessible through the World Wide Web, 2008. http://archives.evergreen.edu/masterstheses/Accession86-10MES/Harris_SLMESThesis2008.pdf.
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Groke, Veronika. "'Es una comunidad libre' : contesting the potential of indigenous communities in southeastern Bolivia." Thesis, University of St Andrews, 2012. http://hdl.handle.net/10023/2549.
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The thesis is a study of a Guaraní community (comunidad) situated in the Department of Santa Cruz in the southeastern lowlands of Bolivia. The thesis uses the concept of ‘comunidad’ as a focus of investigation. While this concept is one that is familiar and firmly embedded in contemporary discourses throughout Bolivia, the meanings which different people and interest groups attach to it and the purposes which they ascribe to it are far from unanimous. Apart from the physical and legal entity, comprising a group of people, the land on which they live, and the legal title for its ownership, a comunidad is a multifaceted and multilayered complex of diverging and sometimes competing ideas, desires and agendas. Questioning the concept of ‘comunidad’ in this way opens up new perspectives on what people are doing and why that could easily be overlooked in continuing to assume that we know what we are talking about when talking about a ‘comunidad indígena’ in Bolivia today. The thesis explores the case of Cañón de Segura by eliciting and bringing together the various claims and perspectives that impact on the lives of its inhabitants (comunarios). Starting with a historical overview to situate the comunidad within Bolivian and Guaraní history, the thesis moves into an ethnographic discussion of the comunarios’ own perceptions and meanings of ‘comunidad’, followed by an exploration of various outsiders’ perspectives on the same topic that impact on the comunarios’ lives in different ways. The aim of the thesis is to illustrate the overlap and entanglements between these different positions in order to show how the different perspectives on the meaning and purpose of a Guaraní ‘comunidad’ all contribute to shape the actual realities of people’s lives ‘on the ground’.
10
Duquet, Pascal. "La controverse historique entourant la survie du titre aborigène sur le territoire compris dans les limites de ce qu'était la province de Québec en 1763." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ38075.pdf.
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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
12
Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
13
Toovey, Karilyn. "Decolonizing or recolonizing : indigenous peoples and the law in Canada." 2005. http://hdl.handle.net/1828/744.
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Edo, Juli. "Claiming our ancestors' land : an ethnohistorical study of Seng-oi land rights in Perak, Malaysia." Phd thesis, 1998. http://hdl.handle.net/1885/144678.
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Daryono. "Transformation of land law and land rights in Indonesia : (socio-legal study in East Java Province, Indonesia)." Phd thesis, 2007. http://hdl.handle.net/1885/150139.
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16
Walkem, Ardith Alison. "Bringing water to the land : re-cognize-ing indigenous oral traditions and the laws embodied within them." Thesis, 2000. http://hdl.handle.net/2429/16800.
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This is a study of whether, in the introduction of Indigenous oral traditions as
evidence in court, they are being in the complex cultural interplay that occurs in courts, and
whether, given the central role of oral traditions in Indigenous cultures, the nature of
Indigenous Peoples are being transformed in the process when their rights are adjudicated
before the courts. Chapter 2 discusses the ways that the Supreme Court of Canada has
defined s. 3 5 Aboriginal Title, Rights and Treaty Rights (as unlimited or lawless and
therefore a danger to general public interests; assimilated into Canadian sovereignty;
removing the source of these rights from the land in their legal definition; and, removing
Indigenous laws from their definition). Chapter 3 examines the role that history has played
in the legal interpretation of oral traditions, and argues that a primarily historical
consideration obscures the alive, legal, and dynamic elements of oral traditions. Chapter 4
discusses the ways in which a methodology of suspicion has operated to reduce and diminish
Indigenous oral traditions when they are introduced as evidence in court (rating them as
faulty, light weight historic evidence while obscuring their legal content) through a survey of
cases that have considered oral traditions at the trial level. Chapter 5 explores the
devaluation of the Indigenous laws contained in oral traditions through an acceptance of the
common sense assumption that Canadian conservation and safety laws are both rational and
necessary. Chapter 6 argues that recognition (or denial) of Indigenous laws is politically
contingent, and that despite limited legal recognition (in cases such as Delgamuukw v. B.C.
and R. v. Van der Peef), these laws have yet to flow back onto the land, and are yet to be
invigorated in Canadian law. There remains a lack of recognition of the legal content of oral
traditions, and Indigenous jurisprudences risk being subsumed and transformed when they
are introduced as evidence in Canadian courts.Law, Peter A. Allard School of
Graduate
17
Cardinoza, Marlon M. "Recognising property rights : the key to integrating indigenous peoples in protected area management in the Philippines." Phd thesis, 1999. http://hdl.handle.net/1885/147946.
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Shvartzberg, Carrió Manuel. "Designing “Post-Industrial Society”: Settler Colonialism and Modern Architecture in Palm Springs, California, 1876-1977." Thesis, 2019. https://doi.org/10.7916/d8-vjp9-4543.
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The Agua Caliente Band of Cahuilla Indians Reservation was established in 1876, the same year as the transcontinental Southern Pacific Railroad completed a station in Palm Springs. These overlapping events would both enable and problematize the settler colonization of the Agua Caliente’s land, creating a checkerboard pattern of “fragmented jurisdiction” that was fundamental for its transformation into one of the wealthiest resorts in the United States. The territorial conflict between the Tribe and the U.S. would only begin to be legally resolved in 1977, when the Agua Caliente won the right to zone and plan their own lands. This dissertation examines how architecture, urbanism, and infrastructure mediated the technical, legal, and ideological struggles that took place in this period; sometimes enabling Imperial dispossession, other times structuring Tribal assimilation and decolonization. The dissertation historicizes and theorizes these processes by examining the modern architecture and urbanism of Palm Springs as a specific settler-colonial, “post-industrial” mode of development which was made possible by the particular territorial configuration that emerged out of nineteenth century Imperialism. It posits a correlation between settler colonialism and the settler imaginaries and material processes of technological progress, capitalist accumulation, natural resource extraction, and cultures of leisure that were uniquely developed in Palm Springs through modern architecture. Critically dismantling the connections between modern architecture, “post-industrial society,” and settler colonialism, this dissertation argues, is a necessary condition for the development of decolonial epistemologies and strategies of anti-colonial, anti-capitalist resistance.
19
Connolly, Anthony J. "Conceptual incommensurability and the judicial understanding of indigenous action." Phd thesis, 2006. http://hdl.handle.net/1885/150950.
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Carmichael, Adam Burke. "Problematic settlers: settler colonialism and the political history of the Doukhobors in Canada." Thesis, 2016. http://hdl.handle.net/1828/7737.
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Over the last ten years, there has been extensive scholarly debate about the nature of
settler colonialism and the category ‘settler’. The central problem animating this
dissertation is the question of how we understand the position of a settler group like the
Doukhobors in Canadian settler colonialism. In 1899 approximately 7,500 members of
the Doukhobor religious movement fled oppression in Russia and arrived in Canada with
the hope of creating an earthly paradise based on communal economy, mutual aid,
pacifism, and an anarchistic theology. Less than a decade after fleeing Tsarist oppression
in Russia and settling in the Canadian prairies, the Doukhobors once again came into
conflict with a government; this time the conflict revolved around land and compliance
with homestead regulations. This moment marked the beginning of more than half a
century of provincial and federal government attempts to assimilate recalcitrant factions
of the Doukhobor community. A number of tactics including opportunistic land policy,
imprisonment, removal and forced education of children, legislation targeting communal
property and inducements to integrate into mainstream Canadian society were employed
by provincial and federal governments to make the Doukhobors into proper settler subjects.
By examining these government attempts to re-make Doukhobor subjectivity in
the image of an idealized Anglo-settler identity, this project sheds light on the broad
process through which ‘settlers’ are ‘made’ by government action. Drawing on archival
iv
sources, this dissertation exposes the intersection of Canadian government policy, and
colonial ideas, directed towards Indigenous peoples and the Doukhobors from 1899 until
1960. I examine this intersection through the themes of land, education, and colonial
knowledge creation in government reports. The dissertation finds that the twin elements
of settler colonialism—settlement and dispossession—must be considered as a unified
political project. During the period under study there is significant transfer of ideologies
and policies between those officials working on the assimilation of settlers and those
working toward the dispossession of Indigenous peoples. The dissertation concludes that
an important element of the category ‘settler’ is its political nature, and therefore its
contingent and contestable nature.Graduate
0615
adam.burke.carmichael@gmail.com
21
Malhi, Amrita. "Forests of Islam : territory, environment and holy war in Terengganu, Malaya, 1928." Phd thesis, 2010. http://hdl.handle.net/1885/109695.
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In 1928, a small forest uprising in Terengganu, on the east coast of the Malay Peninsula, became a Holy War. The rebels—shifting cultivators from the Terengganu River system, coalesced under an Islamist leadership of rubber smallholders, mosque functionaries and Islamic scholars. They were responding to a power struggle between two elite forces within the colonial government after 1919—represented by the Sultan and the British Adviser. These two forces were engaged in a contest to subject the hinterland’s landscape and population to government, resulting in overlapping claims to the Terengganu forest. These claims prevented forest-based smallholders from cultivating rice or rubber—their two main crops. Aggrieved by displacement from their swiddens, hundreds of cultivators began to defy government forest regulations. They attacked forest guards and police officers, accusing them of being kafir—unbelievers. Then on 21 May 1928, rebels occupied a police station in Kuala Berang, a regional administrative centre. From this police station and its surrounding government offices, the colonial government exercised its claim to exist as the sole regulator of land and forest use in the hinterland. Yet the rebels’ defiance was not based solely on their land and forest counterclaim. They raised the red flag of the Ottoman Caliphate over the police station, generalising their local demands into one for sovereignty as Muslims. In doing so, the rebels demonstrated their location in a set of regional and global connections beyond their local environment. They were building on a series of Islamising political precedents. These precedents, established by Islamic scholars, responded to a larger territorial contest—between Britain and Siam for control over the Malay Peninsula. The contest for the peninsula drove a logic of territorial delimitation which bounded Terengganu and the states around it—formerly Siamese tributaries. A series of treaties signed over the nineteenth century eventually culminated in the 1909 Siam- Malaya border, locking Terengganu on the British side. Terengganu was colonised in 1919, and was incorporated into the emerging Malayan geo-body. Yet Islamic scholars from the Siamese tributaries were not locked in place, continuing their patterns of mobility around the region, and between Southeast Asia and the Middle East. Together, these scholars forged a political solidarity with the global community of Muslims—the umat. They began to authorise a politics of Holy War against Britain, using Islamic metaphors to create a political language which the Terengganu rebels later used. In this intensely Islamic political climate, the Terengganu rebels wove their local land and forest claims into a bold defence of the umat. In doing so, they momentarily negated the logic of the territorial bounding to which they were being subjected. The uprising became a Holy War, not only for the Terengganu forest, but for the umat against the kafir colonisers.
22
Bulan, Ramy. "Native title in Sarawak, Malaysia : Kelabit land rights in transition." Phd thesis, 2005. http://hdl.handle.net/1885/150297.
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Burford, de Oliveira Nicolette Fridrun. "The political significance of non-tribal indigenous youth's talk on identity, land, and the forest environment ; an Amazonian case study from the Arapiuns River, Brazil." Phd thesis, 2006. http://hdl.handle.net/1885/150069.
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Mills, Keri. "Crossing the mountains : negotiating the relationship between the Department of Conservation and Maori in Tongariro National Park, Aotearoa, New Zealand." Phd thesis, 2012. http://hdl.handle.net/1885/156004.
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This thesis presents an analysis of the relationship between the New Zealand Department of Conservation and the local Maori groups involved in the management of Tongariro National Park, during a historical Waitangi Tribunal inquiry into the park area. The relationship between Maori and the New Zealand government, as with indigenous groups and governments in other settler societies, is profoundly affected by historical events and the contemporary understandings of those events. I identify key strengths and weaknesses in the relationship at Tongariro National Park, and investigate their historical origins. I argue that the local relationship between the Department of Conservation and Maori is hampered by the different expectations for the relationship each party brings to the negotiating table. These differing expectations stretch back to the establishment of the park in the late nineteenth century, and were enshrined during the early twentieth century in the legislation, policy and public attitudes that structure the national park institution. The relationship's strengths included the goodwill with which both parties usually engaged with each other, the longevity of key relationships, and the political nous of local Maori leaders. These features date back to the 1970s and 1980s when the introduction of public consultation in park decision making led to the development of personal relationships between park management staff and Maori. Claimant and Crown interpretations of the park's history were strongly shaped by the incentive structures of the inquiry process, leading to emphasis on certain events and aspects of the historical relationship that, in my analysis, were not always the most significant. Tribunal inquiries tend to be strongly adversarial, and the inquiry over Tongariro National Park put stress on personal relationships in the area. The usual patterns of interaction between Maori and the Department of Conservation were disrupted during and after the hearings. This may be only a short-term effect, but is noteworthy as one of the goals of the Treaty settlement process is to support ongoing relationships between Maori and the New Zealand government, and little work has been done into the impact of the inquiry process on relationships ""on the ground.""
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Desta, Afera Alemu. "Socio-economic impacts of villagisation and large-scale agricultural investment on the indigenous people of Gambella, South West Ethiopia." Diss., 2015. http://hdl.handle.net/10500/21625.
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Villagisation and large-scale agricultural investments in Gambella region has been a major concern of human right groups. The Ethiopian government argues that villagisation program is voluntary and part of Growth and Transformation Plan (GTP) which attempts to bring development to indigenous communities and nothing to do with large-scale agricultural investment. On the contrary, human right groups and local civil society organizations claim that the Ethiopian government is forcefully relocating indigenous people from their ancestral land under the disguise of development while the true motive of the government is to expand agricultural investment in the region at the expense of the livelihood of the local communities.
This research is an attempt to investigate the controversial villagisation and large-scale
agricultural investment in Gambella regional state by looking into the link between large-scale agricultural investment and villagisation. The main focus of the research is to examine the impacts of agricultural investment and villagisation in Gambella region the light of the Ethiopian government policy in the region and the alleged development induced human right violations.
The research is based on a qualitative method to capture data from 32 villagisation sites
using in-depth interviews, focus group discussions and field observations. For the purpose of this study, 241 participants were selected from the study sites to participate in the research.
Out of the 241 participants 75 of them were participated in in-depth interviews and the rest were included in focus group discussions and informal discussions based on the
participants’ knowledge, views, experience and feelings associated with villagisation and
large-scale agricultural investment in the region.
The findings of this study show no indication of involuntary villagisation, no significant
relationship between villagisation and investment, or no evidence of previously occupied
land being leased to investors. However, the study reveals that there has been serious lack of communication and misinformation from the government side in the process of planning and implementing the villagisation program. Owing to this, suspicion and lack of trust between government officials and the local communities characterized implementation of the villagisation project.Geography