Teses / dissertações sobre o tema "Droits des indigènes"
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Veja os 19 melhores trabalhos (teses / dissertações) para estudos sobre o assunto "Droits des indigènes".
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Truffin, Barbara. "Représentations et pratiques du "Droit" en Amazonie équatorienne: la garantie constitutionnelle des droits des peuples indigènes en contexte". Doctoral thesis, Universite Libre de Bruxelles, 2004. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211099.
Texto completo da fonteBlanco, Santiago Valme. "Les Mayas du Guatemala et la reconnaissance de leurs droits : un difficile parcours". Thesis, Clermont-Ferrand 1, 2014. http://www.theses.fr/2014CLF10437/document.
Texto completo da fonteThis study explores the legal context concerning the situation of the indigenous peoples of Guatemala since the arrival of the Spanish in the New World and the segregation of these peoples into separate legal categories created for them by indiano law. In particular, we have paid close attention to the movement from the status of slave to that of free vassal of the Spanish crown beginning with the promulgation of the New Laws of the Indies in 1542. After the Latin-American War of Independence, the legislation of the new Nation-States starts to become adjusted to the needs of farm owners who, just as during the colonial period, require indigenous labourers. Our study argues that in a difficult political context, the indigenous peoples of Guatemala, and especially the Mayas, managed to re-appropriate internal law and international law in defence of their interests. This was made possible by the fact that, despite violent assimilation and slavery policies, they were able to preserve the use of customary law. We wish to show that it was by preserving this law that they were able to organise themselves as a legal people subject to rights and obligations. Thus, our study proves that when the political opportunities were presented, the indigenous peoples were already organised and ready to exploit these opportunities as a basis upon which they were able to demand their rights as indigenous peoples in accordance with international law
Mbodj, Hamady Hamidou. "L'organisation de la justice pénale en Afrique occidentale française : le cas du Sénégal de 1887 à l'aube des indépendances (1887-1960)". Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0012/document.
Texto completo da fonteThe period going from 1887 to the independences (1960) allows us to approach the question of the justice in French West Africa by highlighting the transformation of rules and the exercise of the justice, as well as the meeting between the Western system and the local legal pluralism. In Senegal as in the other territories of the French West Africa, the legal and judicial evolution reveals the opposition between two trends: that of the assimilation and that of the adaptation. Within the framework of this confrontation, jurisdictions that are unknown in the mainland France are created in the colonies in order to remedy with the lack of staff and with the financial means of the jurisdictions. For these same reasons the collegiality remains very rare and the justice is often organized around only one judge who is in charge of the pursuit, the investigation and the judgement. The organisation of the native penal justice set up in 1903, practically meets with the will of keeping the native institutions. However, the desire of assimilation leads to achieve around it reforms which tend to weaken the native institutions
Merino, Bénigno. "Education populaire et autodétermination politique des peuples indigènes en Equateur : analyse d'un processus d'institutionnalisation". Paris 8, 1999. http://www.theses.fr/1999PA081749.
Texto completo da fonteOspina, Diaz Diana. "S'approprier le droit. Ethnographie du processus de construction du "Peuple Indigène Misak" (Cauca, Colombie)". Thesis, Paris, EHESS, 2020. http://www.theses.fr/2020EHES0120.
Texto completo da fonteThis Phd research deals with the construction process of the “Misak Indigenous People”. The possibility of the production and actualization of ethnic difference in Colombia is due to the appropriation of law by different actors. During my fieldwork, the law that concerns indigenous people in Colombia evolved within multiculturalism legal framework, which started with the Constitution of 1991. Nevertheless, specific rights had been acknowledged to indigenous people since the colonial epoch. In this Phd dissertation I analyze the way in which the appropriation of Colombian law at different periods of time has participated to create the conditions of possibility for the production and actualization of the “Misak Indigenous People”. I also analyze the way in which such appropriations of law shaped political, social and land organization of the “Misak Indigenous People” at the moment of my fieldwork. In consequence, law occupies a central place in this dissertation.In this dissertation I describe the construction process of the “Misak Indigenous People” using a historical and ethnographical approach. I study the way in which the people involved in this process - indigenous, intellectuals, activists, State agents, etc. - had appropriated law in daily life and at different historical times. This appropriation of law takes place in different contexts (familial, social, political and economical) that I reconstitute using the fieldwork material that I have collected between 2015 and 2017. Using observations, interviews, archives and bibliographical supports, I show how the “Misak Indigenous People” is constructed by the actual practices of people who make decisions in regard of the constraints, resources and frames of reference of the historical periods in which they live
Renucci, Florence. "Le statut personnel des indigènes : comparaison entre les politiques juridiques française et italienne en Algérie et en Libye (1919-1943)". Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32024.
Texto completo da fonteThe indigenous personal status had a particular post in french and italian colonial rights because was respected ; in fact french authorities have an assimilationnist politic
Flórez, López Jesus Alfonso. "Spiritualité, identité et autodétermination des peuples indigènes : le cas du Choco en Colombie". Paris 8, 2005. http://www.theses.fr/2005PA082530.
Texto completo da fonteThe social movement of the colombian indian community has had a control porpuse to afirming the right to “autodetermination”, leading from the defense of their territories and the reafirmation of their cultural identities. Therefore the present abstract pretens to identify the logics that have been and that are present in the reconstruction of the ethnic identity process; where there are three consecutive concepts to reflect: autodetermination, identity and spirituality through them the process of the construction and application concept is analited through out. The first twenty one years of the regional indian organization existance OREWA, as an extrategy in the reconstruction of these indian communities (towns), facing the effects of the diverse states of colonialisim that they have been subjugated since the european conquest to the internal colonialism from the state – nation. To afirm the autodetermination it begins from de subject´s autodetermination of such rigth it´s to say the notion of town due to this motive a historic revision on the existance of these towns and their autodefinition has been conducted starting from the premise of it´s mythical body and its political practice
Garcia, Anaïs. "Ligatures : la reproduction des femmes indigènes au Guatemala, entre contrôles et résistances". Thesis, Toulouse 2, 2018. http://www.theses.fr/2018TOU20093.
Texto completo da fonteIn 1996, the government of Guatemala put an end to 36 years of civil war by signing the peace accords. This war specifically affected the country’s indigenous populations. The two Truth commissions concluded that the army and paramilitaries carried out acts of genocide against the Mayan populations, in part because of the widespread use of sexual violence against women. Over the next two decades, many development projects led by the State as well as various foundations and NGOs sought to alleviate the extreme poverty affecting rural indigenous populations. One of these projects is the dissemination of family planning programs. It is Indigenous women who are the main targets of the medical and educational devices that are implemented in this context. Their objective is to drastically reduce these women’s fertility, through sustainable and permanent methods such as female sterilization. This objective is accompanied by the establishment of a set of standards of good maternal and reproductive practices. The medico-social staff that is mobilized towards the integration of these standards sometimes goes so far as to use violence in order to ensure that the indigenous women comply with them. In the exercise of their mission, the medical staff believes to be working for the common good not only of the nation but of those women as well. However, the constraints faced by women in managing family planning make it difficult for them to fully access reproductive rights. In addition, many women liken the violence and discrimination they experience in these programs to the violence of war and the violence that they experience in other social spaces. The poverty the live in and the oppression and multiple forms of violence they face are particularly related to neoliberal policies.The aim of this thesis is to decipher certain issues around the promotion of targeted sterilization of indigenous women, in a post-conflict context where renewed violence against these women is developing. The research work conducted with institutions and medical staff in family planning programs, as well as with women from several indigenous communities, reveals the complex relationships that exist between indigenous women and different actors: institutional, professional, community and family. These relationships, which reveal the hierarchical positions of gender, ethnicity and class at local, national and international levels, have impacts on reproductive trajectories, and by extension on life trajectories. At the intersection of these many issues of power, the thesis will show how indigenous women find themselves at the heart of a tense reproductive issue, with which they must deal in order to negotiate their status as citizens
Gadea, Elise. "Le pluralisme juridique à l'épreuve des pratiques communautaires en Bolivie. Politiques d’administration de la "justice indigène originaire paysanne"". Thesis, Paris 3, 2020. http://www.theses.fr/2020PA030005.
Texto completo da fonteOver the last few decades in Latin America the struggles of indigenous peoples for the acceptance and recognition of their own cultures have turned to political and legal demands. The role of political allies of these peoples in the emergence of these claims has been decisive.The example of Bolivia is an exemplary case of the struggles of native peoples because of the proportion of the national population belonging to ethnic groups and the rise to power of Evo MORALES. The Political Constitution of the Plurinational State of Bolivia, approved in 2009, values collective and cultural rights and promotes the recognition of indigenous traditions and knowledge, particularly in the application of justice. Nevertheless, the constitutional precepts promulgated in 2009 relating to native indigenous peasant justice are contradicted by the Jurisdictional "Deslinde" Law, promulgated barely a year later. As we will see this has led to an ambivalent and nebulous implementation of the plural justice system.In the absence of debate and negotiation on the new standards of plural justice, we will see how lynchings played a central role in the homogenizing construction of a new institution, operated by the native authorities of indigenous communities, according to their ancestral norms and customs.Ethnological observation in several rural Andean communities has enabled us to qualify this conception as well as to analyze the numerous petitions of indigenous people to the Plurinational Constitutional Court and state judges. The increase in conflicts, but also the impasse that ensues when these legal claims develop, creates a difficult situation for {indigenous and union] community authorities between, on the one hand, community members who destabilize their role as arbitrator and on the other, the state justice that exercises increasing pressure over them
Gutierrez, Quevedo Marcela. "Les Wayuu, l'Etat de droit et le pluralisme juridique en Colombie". Thesis, Artois, 2010. http://www.theses.fr/2010ARTO0301/document.
Texto completo da fonteThis thesis through a case study ist devoted to describing and analyzing the problems of legal pluralism in Colombia. The first part presents the historical, geographical and social colombian basic features of social structure and culture of an indigenous group: the Wayuu. At multiple points of view that people have different canons of Western culture. They seized on this example, the diversity of human worlds and the need for the right to integrate the fact of pluralism. This issue is developed in our second part. We show the crisis of legal monism and classical concepts of criminal law. In the concrete example of the traditional mode of conflict resolution among the Wayuu, we highlighted the need for the rule of law to admit a legal and cultural pluralism of society that really has always existed. This opennes to difference is secured to an abandonment of legal concepts and essentialist a priori especially in criminal law. This is the price that we can understand the ongoing reconstruction require that concepts such as crime, offenders and punishment. Our latest developments are dealing with decisions of the Colombian Constitutional Court, which recognized cultural diversity as a fundamental right to basic dignity of many communities existing in Colombia. We show how, over the last decade of the twentieth century the constitutional power has been in our nation a protector of human rights. The debate remains open between universal human rights and human rights culturally constructed, for its part, the Constitutional Court decides on a case by case, without generalizing its decisions, it is important to make into reality the legal pluralism which the Colombian society is cultural and juridical rich and is in its legal and factual context
Lachenal, Cécile. "Coutume indigène et État de droit au Mexique : Une étude à partir du cas de l’État de Oaxaca". Paris 3, 2007. http://www.theses.fr/2007PA030081.
Texto completo da fonteThis thesis analyses the indigenous custom in its dialectical relation with the rule of law in Mexico. On the question of law and its relations with the customary phenomenon, the thesis is built on an approach that is different from a positive, enclosed and self-referenced vision, so that the focus of questioning is upon the actors of law and the meaning of their actions. The analysis’ spectrum is broadened by resorting to the fields of history, sociology and anthropology of law, which then allow us to examine the plurality of normative production places and to analyze the variability of production, interpretation and reception of norms by the actors. We aim to reintroduce law, and more generally the legal phenomenon, in its social field to understand its productions, interpretations and transformations. The study is led on two levels. On the State and institutional level, the constitutional recognition of the indigenous custom is in line with the movement of transformation of the Mexican constitutional regime that emphasizes the increasing importance of the law in Mexican society and marks the transition from the rule of law to the “society of rights”. On the local level of an indigenous community, custom is understood in its context, that is to say as processes shaped by time and relations between different normative repertories
Lucas, Bénédicte. "Derechos humanos y derechos colectivos : influencia de las culturas indígenas bolivianas en los textos y las prácticas jurídicas". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010302/document.
Texto completo da fonteNo English summary available
La dimensión colectiva de los retos globales, como la crisis ecológica, y de la satisfacción de determinadas necesidades, nos invitan a mirar hacia otras culturas, desde la perspectiva de la antropología jurídica, para repensar nuestra concepción de los derechos humanos y mejorar su efectividad. El estudio de los textos y las prácticas jurídicas bolivianas relativos a los derechos sobre los bienes, en especial la tierra, pone de manifiesto la influencia de las culturas indígenas en la fonación del Derecho. Se observa un proceso de transculturación del Derecho estatal por el Derecho indígena. Los pueblos indígena originario campesinos se ven reconocidos, gracias a su lucha, derechos colectivos que permiten proteger su territorio y ejercer en éste un autogobierno. La consagración en Derecho interno del Vivir Bien como principio rector de las políticas públicas y de la Madre Tierra como bien colectivo y sujeto de derecho evidencia la influencia potencial de las culturas indígenas en el Derecho internacional del Medio Ambiente, en la actualidad convertido en una categoría sui generis regida por un Derecho híbrido, y en el que ya se percibe cierta transculturación jurídica
Robert, Virginie. "Enquêtes d'anthropologie auprès des communautés zapatistes : une organisation dans la guerre pour le droit de vivre en paix : contre l'Etat, les indigènes sont la figure de la multiplicité au Mexique". Paris 8, 2004. http://www.theses.fr/2004PA082330.
Texto completo da fonteThis Ph. D. Thesis focuses on the new political framework created by the zapatist organisation that rose up the 1st January 1994 in Chiapas (Mexico). Considering that politics does not only concentrate on obtaining the power of the state, it can also be a form of thinking, sequential and lead to new relationship to the power. This analytical hypothesis leads to a specific kind of fieldwork (chap. 1 and 3). I spent several months in Chiapas, from 1999 to 2001 and took part to the Marching. It allowed me to conduct interviews. As a new form of thinking is emerging, individuals have been asked what they thought of the process they were developing. Their specifications frame the subjective space of this new idea of politics. The fieldwork reports (chap. 4 and 5) and the analysis of the statements (chap. 6 to 11) show that, in the sequence, the people oppose to the State another idea of "living together". Starting in 1992, this sequence is specified as a zapatists' war-people's peace (chap. 9). It arises out of the dialogue with the state and the autonomous development of indigenous and peasant communities (chap. 10). Supporting their army, the EZLN, and the "Sub" Marcos, the communities intend to impose an "obedient government" without destroying the State. "People, by themselves and for themselves" is the mode of the politics at stake. "Indigenous" constitutes its political emblematic disposition (chap. 7 and 8). It supports the autonomous and multiple organisation. Politics as people's peace leads to a new idea of the law: the right of people. It does not carry out pacification of the country but "dignification" of people's life (chap. 11)
Fernandez, Julian. "Conflits et controverses autour de l'adoption des normes internationales de contrôle de stupéfiants : les usages de la feuille de coca en Colombie". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D092/document.
Texto completo da fonteThe thesis deals with the conflicts that appears with the adoption of international drug treaties in the Colombian national law system. In fact, the international law treaties establish that the only legal uses for substances that have been placed under drug surveillance are for the medical or the scientific purposes and consequently any deviance is strongly repressed. Some Colombian indigenous communities have a different conception about the uses of coca leaf. They will mobilize to legalize the commercialization of coca leaf products. Consequently, the adoption of these conventions proves to be a source of conflict within the Colombian nation. With the increased participation of this social group in Colombian politics, the Colombian State faces a dilemma : atone side it has the international law duties and on the other side the respect of native communities rights. From this study case two fields of analyze can be treated : the first one is how international norms becomes interiorized within the states, and finally how are managed potentially conflicting norms
Rabefitseheno, Félicien Mandimbiarisoa. "Colonisation, décolonisation et succession d'Etats : le cas de Madagascar : contribution à l'étude de la suprématie du droit de la Puissance dominante". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D030.
Texto completo da fonteThe international law developed by Europeans at the end of the nineteenth century gave them the opportunity to colonize vast territories in Africa. The general Act of the 1885 Conference of Berlin made it easier to take possession of Madagascar for France, thus shifting from a protectorate system to a colony by means of annexation, causing the collapse of the Madagascan kingdom. The domination lasted up to 1960, when all the French colonies in Africa and Madagascar gained their independence. Notwithstanding their freedom, these new states were compelled to remain tied to France through cooperation agreements that unwillingly resulted in a loss of their sovereignty. Be it for the purpose of colonization or decolonization, the dominant State imposed an international law at its convenience and brought about a succession of States. As regards the national law, France introduced its legislation, using a legislative special rule which permitted to promulgate in its colonies the existing Law in the Metropolis. While making changes, France partly kept the Madagascan traditional law, but dismantled existing courts, which were replaced by special courts. As a result, during the colonial period in Madagascar, there were a legislation and courts intended to Europeans along with a legislation and courts intended to the Malagasy, leading to a legislative and jurisdictional duality that, inevitably, entailed conflicts of laws and jurisdictions. The supremacy of French laws and courts was then imposed by colonial authorities. At each succession of states, domestic law was affected and thereby traditional law was abolished by the supremacy of French law and through acculturation
Gendry, Thaïs. "Le droit de tuer, La peine de mort au service de l’ordre colonial en Afrique occidentale française, 1900-1950". Thesis, Paris, EHESS, 2020. http://www.theses.fr/2020EHES0059.
Texto completo da fonteThe justice handed out in the French colonies of West Africa is not a by-product of French metropolitan justice. Oblivious to the separation of power, while being authoritarian and racialized, it is a distinctive way of organizing the right to punish and the right to kill. The death penalty has a scarce historiography in the French empire. It is also marginal in studies pertaining to colonial tools of power, law and order. Yet, it is the culmination of a process central to the establishment and maintenance of colonial domination: the separation between a legitimate right to kill and other types of illegitimate lethal violence. This dissertation explores the role played by the death penalty in the context of French West Africa between 1900 and 1950.The death penalty is analysed as a space where the fundamentals of colonial policies are deployed. Condemnation and executions generate and circulate colonial discourses about African behaviour, giving rise to criminal and enemy figures that ought to be eliminated. The staging of legitimate violence, within courts and by firing squads, continuously re-enacts divisions of power, of status (citizen/subject), of race and culture—the very pillars of the colonial order
Pesses, Abigaël. "Les Karen : Horizons d'une population frontière. Mises en scène de l'indigénisme et écologie en Thaïlande". Phd thesis, Université de Nanterre - Paris X, 2004. http://tel.archives-ouvertes.fr/tel-00370779.
Texto completo da fonteJoly, Emilie-Emmanuelle. "Droit à l'autodétermination des peuples indigènes et autogestion : le cas de la police communautaire dans l'État de Guerrero (Mexique)". Mémoire, 2013. http://www.archipel.uqam.ca/5735/1/M13099.pdf.
Texto completo da fonteBonnassies, Violaine. "L'intégration du mouvement indigène dans la république bolivarienne du Vénézuela : un instrument politique de légitimation". Mémoire, 2007. http://www.archipel.uqam.ca/4792/1/M9915.pdf.
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