Дисертації з теми "Indigenous recognition"

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.

This paper argues that conceptual dialogue regarding self-determination between democratic theorists and indigenous scholars is necessary before dialogue between the Canadian state and indigenous communities can be fruitful. This conceptual dialogue is impossible as long as democratic theorists and indigenous scholars essentialize each other's understandings of the self. Using Charles Taylor's theory of recognition, I argue that both democratic theorists and indigenous scholars present multiple ways of conceiving of self-determination and highlight the work of Dale Turner and Hannah Arendt as most productive for theoretical dialogue that may inform the more pragmatic dialogues between the Canadian state and indigenous communities.
Arts, Faculty of
Political Science, Department of
Graduate

Contemporary events frequently call into question the status of state-recognized Native nations. For example, the National Congress of American Indians (NCAI) failed to pass a resolution dissolving state-recognized membership; and the Government Accountability Office (GAO) has reported on the reality of federal funding being awarded to non-federally recognized Native nations. Although state-recognized Native nations are handicapped in their strategies and the availability of resources to assert their right to self-determine, some have persevered despite the inability to establish a direct relationship with the national government. Reconsidering federalism as it pertains to Native nations reveals opportunities for non-federally recognized Native nations to access resources and assert self-governing authority in alternative arenas outside the exclusive tribal-national government-to-government relationship. My research analyzes how two state-recognized Native nations, the Lumbee Tribe of North Carolina and the Waccamaw Indian People of South Carolina, have operated as political actors; have maintained their communities; have organized politically and socially; and have asserted their right to self-determine by engaging state—and at certain times federal—politics to address needs within their communities. I used a qualitative case study approach to examine the strategies these two state-recognized Native nations have developed to engage state relationships. I argue that state-recognized Native nations are developing significant political relationships with their home states and other entities, such as federal, state, and local agencies, and nonprofits, to address issues in their communities.

Recent decades have marked growing academic and scientific attention to the role of indigenous knowledge in climate change adaptation, mitigation, and detection strategies. However, how indigenous knowledge is incorporated is a point of contention between self-identifying indigenous groups and existing institutions which combat climate change. In this thesis, I argue that the full inclusion of indigenous knowledge is deterred by certain aspects of modernity. In order to overcome the problems of modernity, I argue that a recognition theory of justice is needed as it regards to indigenous knowledge. Recognition justice calls for indigenous groups to retain meaningful control over how and when their indigenous knowledge is shared. To supplement this, I use the Marshall Islands as a case study. The Marshall Islands afford a nice particular case because of their longstanding colonial relationship with the United States and the impending danger they face of rising sea levels. Despite this danger, the Republic of the Marshall Islands calls for increased recognition as leaders in addressing climate change.

In this thesis I analyze the struggles over recognition of indigenous peoples in the context of the process of decolonization undertaken by the government of Evo Morales in Bolivia after he was elected the first indigenous president of the country in · December 2005 until 2012. I address the question of why, despite the recognition of indigenous peoples promoted by the Movement Towards Socialism (MAS) government and incorporated into the Constitution of 2009, indigenous leaders from the highlands and the lowlands remain dissatisfied. In doing so, I look at the grounds of the indigenous criticisms of the language of indigeneity used by the government and the role of the state in the process of decolonization. Following the theoretical approach proposed by James Tully and the theoretical tools provided by political discourse analysis, my discussion focuses on the languages and the practices in which the problem is defined and the indigenous demands and criticisms are articulated. My argument is that there is a divergence between the discourse of the government and those of indigenous leaders. I suggest that that divergence is founded on the perpetuation of pre-existent patterns of recognition by the state that have shaped its relationship with indigenous peoples throughout the history of Bolivia, which has resulted in a lack of acknowledgment of the capacity of dissent and discursive diversity of and among indigenous peoples. The case of Bolivia makes an important contribution to the debate about recognition in multicultural societies. On the one hand, it challenges the political borders that generally identify indigenous peoples and the non-indigenous state as the actors to be reconciled. On the other, it touches on the form and scope of the cultural recognition required, pointing to an understanding of recognition as negotiation, and to the different levels in which that recognition should take place.

Over the last sixty years anthropological interest in San has focused on their status as hunter-gatherers and, more recently, as an economically and socially marginalised minority group. In this thesis, I examine the different ways in which this indigenous minority population in Botswana manage and negotiate their relations with one another and with the broader society in which they are embedded. The research comprised eighteen months of fieldwork (April 2010 to December 2011) in Gaborone city, and a largely Naro-speaking village in Gantsi District in the west of Botswana. The participants comprised a small but relatively highly-educated cadre of elite San men who self-presented as advocates for San-related issues in the wider community but also San men and women in the towns and villages of the region. Early in the research process I recognised the need to make sense of the ethnography in terms of a variety of markers. Whilst this included what San actually said it also encompassed what they did and how they did it: that is their behaviour, dress and bodily techniques and practices – all of which I describe as voice. The research intersects with issues of gender, language, culture, class, identity and self-representation in the daily lives of San. I emphasise the tensions that San face in their daily struggles for recognition as human beings of equal value in Botswana’s society. As the public face of this struggle, San advocates were in a difficult and ambiguous position in relation to the wider San community. As a consequence of this, I explore egalitarianism as a set of political and social relationships rather than as a ‘sharing practice’. I identify a number of areas for further research, for example, to work collaboratively with San to incorporate aspects of what San called ‘personal empowerment’ and training. I show that the research has wider implications for other minority groups and indigenous people worldwide who have also been subject to highly politicised and overly deterministic definitions of their identity. My work suggests possibilities for working with emerging indigenous ‘elites’, who mediate most visibly the contours of these categories of identity by purposefully combining, conflating and straddling these labels.

This thesis is focused on Aboriginal Education Workers (AEWs) who work with, support and care for Indigenous students in schools in South Australia. AEWs work in the ‘border zones’ (Giroux 2005) between the values of schools and the expectations of Indigenous communities. This thesis highlights how AEWs experience indirect discrimination in the workplace as a result of their complex racialised position. In particular, there is a general absence of recognition of AEWs’ caring role by non-Indigenous staff in schools. AEWs are not only marginalised in schools, but also at an institutional level. While AEWs’ working conditions have improved, the ‘redistribution’ (Fraser & Honneth 2003, p. 10) of better working conditions has not eliminated indirect discrimination in the workplace. Furthermore, there is little research regarding AEWs in Indigenous education. Thus at three levels, namely school, Department of Education and Children’s Services (DECS) and academia, there is a cyclical pattern that perpetuates an absence of recognition of AEWs. This thesis uses whiteness theory (Frankenberg 1993) as a theoretical framework to examine this lack of recognition and the consequent low status of AEWs in schools. The thesis emerges from research, experience working as a teacher in a remote Aboriginal school with AEWs, and in-depth semi-structured interviews with 12 AEWs who are working in South Australian state schools. Standpoint theory (Collins 2004; Harding 2004) is used as both a method and methodology in order to understand and map AEWs’ position in schools. A common theme raised by all of the AEWs in the interviews is the absence of recognition of their work in schools by non-Indigenous staff and the consequent feeling of marginalisation in the workplace. In this thesis the site-specific contexts of the interviewees and the effects of whiteness are examined. The findings that emerged from the in-depth semi-structured interviews with AEWs were concerned with Indigenous ethics of care models. The narratives from the interviewees who were AEWs revealed how white ethics of care practices in schools de-legitimise Indigenous ethics of care. Furthermore, the discursive regimes that govern school policy and protocol often limit AEWs’ ability to respond effectively to Indigenous student needs. This thesis highlights the complexities and contradictions of AEWs who are working in the border zones. As a result, AEWs often feel caught between school expectations and community protocols. This thesis advocates equality of recognition of Indigenous ethics of care practices to address the indirect discrimination that AEWs experience. It concludes with a map for recognition of AEWs' care practices on an institutional level in relation to academia and DECS, and in schools in order to overturn the continual marginalisation of AEWs in South Australia. It argues for a values shift for non-Indigenous teachers and staff in schools and at the institutional levels in DECS and academia. In particular, this involves a values shift by non-Indigenous teachers, academics and policy makers towards an understanding of whiteness. Recommendations are provided in the concluding chapter that signpost possible moves towards equality of recognition of Indigenous ethics of care practices by non-Indigenous staff in schools.

This dissertation examines indigenous Arab Bedouin legal struggles for land ownership in the Negev area in Israel. Since the establishment of the State of Israel, the question of land ownership has been central to relations between Negev Bedouins and the state. The courts have rejected Bedouin claims for land ownership, declaring Negev lands as belonging to the state.

This study examined the historical Bedouin connection to land in the Negev, with emphasis on the evolution of customary practices of land ownership from the second half of the 19th century until the second half of the 20th century. The validity of Bedouin law in present Bedouin society is considered, as well as the meanings of land for Bedouin land claimants. In addition, clashes between Negev Bedouin law and Israeli law are considered in defining land ownership rights in the Israeli court.

Located in the discipline of anthropology, the theoretical frames for this study are indigenous people studies and postcolonial theories. The methodologies are participatory research and ethnography. Data sources included interviews with 15 Bedouin land claimants and 3 former Israeli officials, 9 visits to Bedouin villages, observations of 5 academic events regarding the land dispute, and primary documents from various state archives. In addition, a case study was conducted of one litigated land dispute between Bedouin land claimants and Israeli authorities.

In contrast to the traditional representations of the Bedouins as "rootless nomads," the results of this study indicate a strong connection of Bedouin participants to land in the Negev. The findings suggest that Bedouin society in the Negev includes practices of land ownership, and that their customary land ownership is valid in present Bedouin society. The legal conflict reflects clashes between Israeli legal practices and Bedouin indigenous oral practices, and has also been shaped by the national conflict between Israel as a Jewish state and the Bedouins as part of the Arab Palestinian minority.

This thesis engages in a critique of the concept of Australian native title law as a 'recognition space'. It doing so, it treats native title law as a form of identity politics, the courts a forum in which claims for the recognition of identity are made. An overview of multicultural theories of recognition exposes what is signified by the use of recognition discourse and situates this rhetoric in political and theoretical context. A critique of native title recognition discourse is then developed by reference to the insights of sociolegal scholarship, critical theory, critical anthropology and legal pluralism. These critiques suggest that legal recognition is affective and effective. This thesis highlights native title law's false assumptions as to cultural coherence and subject stasis by exploring law's demands and indigenous claimant engagement with these demands. In this analysis, law's constitutive effect is emphasized. However, a radical constructivist approach is eschewed, subject engagement explored and agency located in the limits of law's constitutive power. The effects of legal recognition discourse, its productive and enabling aspects, are considered best understood by reference to Butler's notion of provisional 'performativity'. Ultimately, claimant 'victories' of resistance and subversion are considered not insignificant, but are defined as temporary and symbolic by virtue of the structural context in which they occur.

Thesis (Ph. D.)--University of Sydney, 2007.
Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Law, University of Sydney. Degree awarded 2007. Includes bibliographical references. Also available in print form.

The main objectives of this study were to identify the role that customary law and traditional leadership can play, without compromising their current positions or future recognition through legislation, in creating a better life for their constituents. The study analysed diverse issues such as legislative reform, the future role and functions of traditional leaders, training needs of traditional leaders, and the impact of a possible lack of commitment by national and provincial government on the training of traditional leaders to fulfill their functions within the ambit of the Constitution.

The Treaty of Waitangi specifically recognises the rights of Maori to control and manage their fisheries resources. However, since the imposition of fisheries legislation in New Zealand, this right has been consistently eroded. It is only recently that Maori customary fisheries rights have been given a degree of recognition in New Zealand�s fisheries management regime. The taiapure provisions of the Fisheries Act 1996 are one of the few policy initiatives available for Maori to manage their fisheries resources in accordance with their customary tikanga. This study examines the effectiveness of the taiapure legislation in providing for Maori customary fisheries management. The Maketu taiapure in the Bay of Plenty is studied to analyse the implementation of the initiative at the local level. The study has found that there are limitations inherent in the legislation and that these are further complicated by inadequacies in its implementation. Recommendations regarding the size, management and establishment process, are made at the conclusion of the study to highlight the amendments needed for the taiapure provisions to properly recognise and provide for the role of Maori, as Treaty partners, in the management of their local fisheries.

In this paper, the author looks at the impact of the policy of federal recognition on a Los Angeles basin Native community: the Gabrielino Tongva. The first section, the literature review focuses on the difficulties of defining “indigenousness” in the academic and political realms, as well as looking at Native scholars’ conceptualization of this unique and multifaceted identity. After a consideration of the theoretical framework of the study, the crossroads between anthropology and public policy analysis, the author presents the tools she used in her study, namely: participant observation, key-informant interviews, and the analysis of published documents and personal files. The section ends with a review of ethical concerns pertaining to doing research with indigenous people. The historical section comprises an analysis of archives and published works about the Tongva and the federal recognition process. Starting by a brief report of major policies that have impacted Native American rights in the U.S. and the evolution of government relations with indigenous communities, the author looks at the legacy of the Tongva people in L.A. today, paying special attention to past efforts at obtaining federal recognition and political divides within the tribe. The analysis is structured according to the different levels of recognition that the author perceived through her research. “Capital R”, or federal recognition is explored through its impact on the individual and the group, and followed by an account of current efforts towards community recognition – “lower-case r.” The paper ends on recommendations for future policies and a personal reflection about the research and its results.

The purpose of this paper is to describe, analyse and compare the formal responses of the Norwegian, Swedish and Finnish states to nationalist claims asserted by the Sarni people. Features unique to both the historical and contemporary circumstances of the Sarni in the three respective Nordic countries are examined, at one level, in the light of international law and the standards of minority rights, and at another level with respect to some of the more salient values and principles which clearly have shaped state - Sarni relations. The study is particularly concerned to examine recent and ongoing reforms in Nordic Sarni affairs, especially those of a legal-constitutional nature as well as those which primarily concern the allocation and re-allocation of welfare state resources. It seeks to appraise the adequacy of the relevant legislative and budgetary measures initiated by each of the states vis-a-vis the extent to which such measures can be seen to aid each in fulfilling its obligation under international law to provide for the maintenance of Sarni cultural and linguistic identity. In as mu_ch as this work represents an examination of but one indigenous people's struggle to recreate equitable relations in three states, its findings and observations are nevertheless expected to be of some reievance in improving our understanding of similar, ongoing processes elsewhere in the Western world. The research strategy was based on two principal fonns of data: an official form , and literature and related research sources. Briefly, the collection and analysis of 'official' data consisted mainly of: government bills and formal legislation; reports from government-appointed commissions and the formal written responses of affected interest group organizations (including Sarni national organizations) and government agencies to the commission reports; formal position papers and resolutions of Sarni organizations, and political parties represented in parliament; and official expenditure information from government budget documents and other official sources. The exploratory nature of this study was complemented, on the one hand, by several unstandardized interviews conducted mainly during the Spring, Summer and Autumn of 1992, and; on the other hand, by observation at a number of annual conferences convened by Sarni political organizations mainly during the same period. The interviews were held with representatives of various Sarni national organizations, government civil servants, parliamentarians, local government officials, parliamentary assistants, expert-scholars and researchers. The findings of this study indicate that while none of the respective Nordic states have yet to recognize the Sarni claim to land and resources and self-government, each has gone to different lengths to preserve and promote the cultural and linguistic identity of their respective Sarni communities. However, insofar as Norwegian and Finnish governments have yet to fonnally accept claims from their respective Sarni communities, they have at least acknowledged that certain grievances - based on the historical record - do exist and have directed government commissions to investigate and consider the issues. Governments in Sweden, on the other hand, have pointedly refused to commission the investigation of similar grievances expressed by the Swedish Sarni population. Indeed, in the light of a number of recent actions initiated by Swedish governments, the official Swedish position on Sarni claims apparently involves much more than simply refusing to acknowledge the validity of such claim rights, it constitutes an all out assault on the very premise of Sarni native rights in Sweden.

As a result of colonialism indigenous peoples have been marginalised within their own customary territories. In an analysis of the politics of cultural recognition Tully (1995) proposes the reconceptualisation of the 'common ground': sites, including public museums, within which different cultures negotiate their relationships within the modern nation-state, where the rights of indigenous peoples can be recognised on the basis of the principles of mutual recognition, continuity and consent. This thesis examines the impact of the politics of indigenous recognition on the evolving relationships between Mäori and museums, focusing on Mäori participation in the governance of regional charitable trust museums in New Zealand.The international context is explored through an investigation of indigenous strategies of resistance to museum practices at the international, national and local levels. The national context within which Mäori resistance to museum practices has evolved, and subsequent changes in practice are then outlined.Two case studies of regional charitable trust museums, which began to renegotiate Mäori participation in their governance structures in the late 1990s, are examined. The different governance models adopted by Whanganui Regional Museum, Whanganui, and Tairawhiti Museum, Gisborne, both effected major shifts from the historical pattern of limited Mäori participation in the museums to the representation of all tangata whenua iwi on the new trust boards. The governance negotiation processes and the responses of interested parties are analysed. The case studies demonstrate the importance of understanding the historical context within which public institutions are embedded and the forces that lead to contemporary adjustments in power relationships.Both new governance models have resulted in genuine power sharing partnerships between tangata whenua and the museums. Finally, the extent to which the two institutions have subsequently moved towards becoming 'common ground' where the recognition of the rights of indigenous peoples can be realised is analysed.

À partir d’une approche généalogique et à la lumière des théories sur le multiculturalisme, ce travail analyse le musée en tant qu’institution publique nationale, fabrique d’identités, instrument de l’État-nation et lieu d’exercice des politiques de reconnaissance. L’objet de cette recherche est le musée d’ethnographie et des cultures qui depuis les années ’80 a été témoin de nombreuses critiques et d’une crise d’identité, du fait notamment de son héritage colonial et de sa mission anachronique dans le contexte du monde postcolonial et globalisé d’aujourd’hui. Suite aux mouvements des peuples autochtones et au développement des normes internationales relatives à la diversité culturelle et au retour des biens culturels promues par différentes agences des Nations Unies comme l’UNESCO ainsi que par les institutions européennes, les musées d’ethnographie sont devenus des théâtres où se négocient et se construisent des identités et où s’arbitrent les demandes de reconnaissance. De nouvelles stratégies institutionnelles ont ainsi été adoptées afin de dépasser le modèle ethnographique. Le principe de reconnaissance est notamment une clé de lecture essentielle pour interpréter et comprendre ce changement de paradigme. En suivant une perspective pluridisciplinaire et à travers des études de cas en Europe et aux États-Unis, ce travail vise à établir une passerelle entre la philosophie politique et la muséologie. Il propose ainsi une analyse de différentes institutions selon quatre principes de reconnaissance concernant le cas des peuples autochtones, le rapport à l’universalisme, la relation à l’histoire coloniale et la globalisation
Through a genealogical approach and in the context of theories on multiculturalism, this work intends to analyse museums as public institutions, builders of identity, nation-state instruments and venues for the exercise of politics of recognition. The following research focuses on ethnographic and cultural museums, which have subject to criticism since the1980's due to their colonial legacy and anachronic mission in today's global and post-colonial world. Thanks to indigenous people movements and the development by European institutions and UN agencies such as UNESCO of international norms on cultural diversity and return of cultural property, museums have turned into theatres where indentities are builtand claims for recognition are negotiated. As a result, new institutional strategies have been adopted in order to go beyond the ethnographic approach. The principle of recognition is key to understand this paradigm shift. Following a pluridisciplinary approach and through case studies in Europe and in the United States, this work aims at building a bridge between political philosophy and museum studies. It proposes an analysis of various institutions based on four principles of recognition in relation to indigeneous peoples, universalism, colonial history and globalisation

Les Muiscas du passé sont très présents dans l’imaginaire sur les peuples autochtones colombiens, leur traitement dans les lieux officiels de mémoire reproduit souvent un discours idéalisé, déjà présent dans les projets nationaux du XIXe siècle. L’historiographie colombienne donne une grande importance à la représentation des Muiscas préhispaniques et, partiellement, à ceux de la période coloniale. La connaissance sur le peuple Muisca est souvent ancrée dans une vision patrimoniale et passéiste de la présence indigène, en tant que composante d’une histoire commune mais éloignée de la vie quotidienne des communautés contemporaines. La prépondérance de l’image mythifiée du peuple Muisca du passé peut être comprise d’un point de vue historique par l’influence de l’indigénisme, du positivisme et de l’esprit nationaliste du XIXe siècle. Cette influence a contribué à la production de l’idée d’un « empire Muisca » ou d’une « civilisation chibcha » participant à la consolidation de l’imaginaire national colombien sur le socle d’une supposée continuité historique entre la nouvelle Nation et cet empire préhispanique. La force de ce récit se ressent encore aujourd’hui par la relégation des communautés Mhuysqas contemporaines habitant sur les anciens territoires de resguardo . Celles-ci cherchent une reconnaissance officielle et tentent de répondre aux exigences des normes en vigueur, tout en interrogeant la construction officielle de « l’indigène ». Cette recherche montre comment, depuis une vingtaine d’années, les Mhuysqas de Cota, dans le département de Cundinamarca, se tournent vers le passé pour y retrouver les vestiges de leurs ancêtres Muiscas et reconstruire, recréer ou réinterpréter une culture éclipsée, d'abord par l’imposition espagnole puis par la construction de l’Etat-Nation Colombien. Bien que leur présence continue sur le territoire se retrouve facilement dans de nombreux écrits publics, des écueils majeurs ont obstrué leur considération sociale et politique en tant que indigènes, participant à un climat de suspicion à l’encontre de ce peuple retrouvé.En outre, l’émergence de grandes organisations indigènes depuis les années soixante-dix, l’intégration des acteurs autochtones dans les institutions internationales ainsi que le renforcement d’un discours ethno-environnemental, ajoutent des niveaux de représentation à l’image de l’autochtonie. Dans ce sens, l’ethnographie proposée montre les manières dont la communauté s’inscrit, joue et se sert de cette multiplicité de représentations afin d’être légitimement reconnue comme groupe ethnique à part entière. Elle montre aussi, comment la communauté de Cota demeure, malgré tout, contrainte de reproduire les caractéristiques fantasmées mobilisées par ce nouveau contexte
The Musicas of the past are very present in the imaginary of the indigenous Colombian peoples, their treatment in official spaces of memory often reproduces an idealized discourse, already present in the national projects of the nineteenth century. Colombian historiography gives great importance to the representation of pre-Hispanic Muiscas and, in part, to those of the colonial period. Knowledge about the Muisca people is often rooted in a patrimonial and historical vision of the indigenous presence, as a component of a common history but far removed from the everyday life of contemporary communities. The preponderance of the mystified image of the Muisca people of the past can be understood from the historical point of view by the influence of indigenousism, positivism and the nationalist spirit of the nineteenth century. This influence contributed to the production of the idea of a “Muisca empire” or a “chibcha civilization”, participating in the consolidation of the national Colombian imagination on the basis of a supposed historical continuity between the new Nation and this pre-Hispanic empire. The strength of this narrative is still felt today by the relegation of contemporary Mhuysqa communities dwellering on the former territories of resguardo. These seek official recognition and try to meet the requirements of the standards in force, while questioning the official construction of the “indigenous”. This research shows how, for the last twenty years, the Mhuysqas of Cota, in the department of Cundinamarca, have turned to the past to find the vestiges of their ancestors Muiscas and reconstruct, recreate or reinterpret an eclipsed culture, first by the Spanish colonisation and then by the construction of the Colombian Nation-State. Although their continuous presence on the territory is easily found in number of public writings, major pitfalls have obstructed their social and political consideration as indigenous, participating to a climate of suspicion against this found people. In addition, the emergence of indigenous organisations since the 1970s, the integration of indigenous actors in the international institutions, and also the reinforcement of an ethno-environmental discourse, add levels of representations to the image of indigenousness. In this sense, the proposed ethnography shows the ways in which the community fits into, plays and uses this multiplicity of representations in order to be legitimately recognized as an ethnic group in its own right. It also shows how the Cota community remains, despite everything, forced to reproduce the fantasized characteristics mobilized by this new context
Los Muiscas del pasado están muy presentes en el imaginario sobre los pueblos indígenas colombianos, la manera como son tratados en los espacios oficiales de memoria reproduce, frecuentemente, un discurso idealizado, presente en los albores de los proyectos nacionales durante el siglo XIX. La historiografía colombiana da gran importancia a la representación de los Muiscas prehispánicos y, en cierta media, a aquella referente al periodo colonial. El conocimiento sobre el pueblo muisca se basa, en gran medida, en una visión patrimonial y paseista de la presencia indígena, parte integrante de la historia común, pero alejada de la vida cotidiana de las comunidades contemporáneas. La preponderancia de la imagen mistificada del pueblo Muisca del pasado, puede ser comprendida desde un punto de vista histórico a través de la influencia del indigenismo, del positivismo y del espíritu nacionalista del siglo XIX. Esta influencia contribuyó a la producción de la idea de « Imperio muisca » o de « Civilización chibcha » que participaron en la consolidación del imaginario nacional colombiano cimentado en la supuesta continuidad histórica entre la nueva Nación y este imperio prehispánico. La fuerza de este relato se puede sentir aún hoy a través de la relegación de las comunidades Mhuysqas contemporáneas que viven en los antiguos territorios de resguardo . Estas, buscan un reconocimiento oficial e intentan responder a las exigencias normativas en vigor, cuestionando, a pesar de todo, la construcción oficial de lo indígena. Esta investigación muestra cómo, desde hace más de dos décadas, los Mhuysqas de Cota, Cundinamarca, se tornan hacia su pasado buscando los vestigios de sus ancestros para reconstruir, recrear o reinterpretar una cultura ocultada, primero por la colonización y luego por la construcción del Estado Nación colombiano. Aunque su presencia continua en sus territorios pueda ser atestada fácilmente a través de numerosos documentos públicos, grandes obstáculos impiden que sean considerados social y políticamente como indígenas, lo que participa a la instalación de un clima de suspicacia contra este pueblo re-descubierto.Si a esto se añade la emergencia de las grandes organizaciones indígenas desde los años setenta, la integración de actores autóctonos en las instituciones internacionales o aún la influencia de los discursos etnoecológicos, los niveles de representación de la imagen de la autoctonía se multiplican. En este sentido, la etnografía que proponemos muestra las diversas maneras que la comunidad utiliza para inscribirse, jugar y se servir de esta multiplicidad de representaciones para ser, finalmente, legítimamente reconocida como grupo étnico. Se muestra también, cómo la comunidad de Cota se ve obligada, a pesar de todo, a reproducir las características idealizadas que dominan en este nuevo contexto

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É notório que os conflitos por terras reclamadas por indígenas ainda persistem, mesmo depois do reconhecimento conferido pela Constituição Federal de 1988 e da paradigmática decisão sobre a demarcação da Terra Indígena (TI) Raposa Serra do Sol. A vasta normatização sobre o tema, tanto no âmbito global como local, não foi suficiente para que o Supremo Tribunal Federal (STF) prolatasse decisão que reconhecesse a ancestralidade do direito à ocupação, e com isso colaborasse na pacificação do assunto. Portanto, a pergunta que se pretende responder contempla tal cenário contraditório: se houve efetivo reconhecimento formal, por que, apesar disso, os índios ainda reivindicam as terras que simbolizam sua cultura e sua razão de existir? A partir dessa indagação é que se lança um olhar perspectivado pelas teorias de Axel Honneth e de Nancy Fraser na busca de ideias que possam representar a superação do quadro de falta de efetividade dos direitos dos povos indígenas. De início, Honneth defendeu uma teoria monista de reconhecimento cujo fundamento reside na autorrealização, pois entende que as experiências de sofrimento e de exclusão formam o combustível capaz de desencadear lutas que repercutem nos movimentos sociais, e assim haveria a emancipação do indivíduo a ponto de resolver também os problemas de distribuição. Noutra direção, em debate com Honneth, Fraser alega que o reconhecimento por si só é incapaz de resolver todas as injustiças e que é preciso conjugar medidas aptas a promover a distribuição. A partir desses estudos, os doutrinadores concebem outras propostas que objetivam superar a invisibilidade, transpor a subordinação de status, entender a reificação como produto do esquecimento do reconhecimento antecedente e a importância dos contrapúblicos em relação às arenas oficiais de debate. Norteando-se por esse referencial teórico, empreendeu-se uma revisão da evolução do reconhecimento formal dos direitos dos indígenas e uma crítica ao modo como referidas normas foram recebidas na decisão da demarcação da TI Raposa Serra do Sol e outras decisões que igualmente não contribuíram para a pacificação dos conflitos. Ao final, tencionou-se mostrar que as teorias de Honneth e de Fraser - isoladamente ou aliadas - podem contribuir para a efetivação dos direitos territoriais já reconhecidos aos indígenas.
It is well-known the conflicts for land claimed by indigenous peoples still persist, even after the recognition of the lands granted by the Federal Constitution of 1988 and the paradigmatic decision about the demarcation of Raposa Serra do Sol Indigenous Land. The vast regulation concerning the theme, both at global and local level, was not enough for the Federal Supreme Court to pronounce a decision recognizing the ancestry of the right to occupation and, thereby, to collaborate to pacify the issue. The question to be answered has this contradictory scenario: if there was an effective formal recognition, why, despite this, do the Indians still claim the lands that symbolize their culture and their reason to exist? From this question, a look is cast, under the theories of Axel Honneth and Nancy Fraser, in the search for ideas that can represent the overcoming of the frame of effectiveness of indigenous peoples’ rights. At the beginning, Honneth defended a monistic recognition theory, based on self-realization, once he understands the experiences of suffering and exclusion are able to form the fuel that will commence struggles which have repercussion on social movements and, with this, would happen an individual emancipation able to solve distribution problems. In another direction, debating with Honneth, Fraser says recognition, by itself, is unable to solve all injustices and so it is necessary to combine measures capable of promoting distribution. From these studies, the authors conceive other proposals aimed at overcoming invisibility, subordination status, understanding reification as a product of forgetfulness of antecedent recognition, and the importance of counterpublics in relation to official debate arenas. Always guided by this theoretical reference, it was done a review of the evolution of formal indigenous rights recognition and a critique of the way these norms were received in the demarcation trial of Raposa Serra do Sol Indigenous Land and other decisions likewise did not contribute to pacify conflicts. At the end, it was attempted to demonstrate that Honneth and Fraser’s theories, isolated or allied, can contribute for the realization of territorial rights already recognized to indigenous.

En mars 2008, l'État chilien ratifiait la Convention 169 de l'OIT, premier instrument juridique de droit international à protéger les droits fondamentaux des peuples autochtones. Un nouveau scénario politique et juridique s'ouvrait ainsi dans un pays où, comme ailleurs, ces peuples connaissent une histoire de domination, de marginalisation et d'exclusion. Cette ratification génère de nouveaux enjeux tant pour les peuples concernés que pour l'État et la société chilienne en plaçant la question de la participation aux décisions qui concernent les peuples autochtones au centre du débat. L'objet de cette thèse est de comprendre les tenants et les aboutissants de la mise en œuvre de la consultation libre, préalable et informée en explicitant le processus d'institutionnalisation de la participation des peuples autochtones au Chili ainsi que les ambivalences de cet espace participatif, censé produire un consentement aux politiques publiques mais qui se heurte à la contestation des autochtones. L'apport de cette recherche réside dans la capacité de montrer la complexité de ces dispositifs de consultation, dans lesquels s'entremêlent des processus de domination et de résistance. Cette thèse rend en effet manifeste leur ambivalence dans la mesure où, tout en reproduisant les asymétries du pouvoir, ces dispositifs participent au renforcement des acteurs dominés. Cette recherche a été réalisée à partir d'une enquête menée au sein et dans les« coulisses» de procédures de consultation mises en place au Chili où se rencontrent autochtones et fonctionnaires gouvernementaux
In March of 2008, the Chilean State ratified the 169 ILO Convention, the first international instrument of international law to protect the fundamental rights of Indigenous Peoples. A new legal and political scenario was therefore opened in a country where the indigenous community were subject to a history of domination, marginalization and exclusion. This ratification creates new stakes for Indigenous Peoples and also for the Chilean state and society by raising the Indigenous Peoples' right to participate in matters that concern them. The research purpose is to understand the ins and outs of free, prior and informed consent of Indigenous Peoples by explaining the institutionalization of Indigenous participation in Chile and also to explain the ambivalences of this participatory space supposed to produce a consent on public policy but encountering the Indigenous Peoples contention. The contribution of this research lies in the capacity of showing the complexity of these participatory devices, in which domination and resistance processes are intermingled. This thesis demonstrates their ambivalence since they reproduce power asymmetries while reinforcing dominated actors. The research was carried out from a survey conducted within and in the "wings" of the consultancy procedure set up in Chile where Indigenous Peoples and Government officials come across. About sixty interviews were conducted and a large variety of situations was observed, from institutional consultancy devices to more informal social spaces relating to participative devices

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Esta dissertação busca se aproximar das concepções Pankararu de cura e suas relações com a biomedicina. Embora os Pankararu sejam originários da região do submédio São Francisco, no Estado de Pernambuco, depois de um intenso processo de migração, muitos deles passaram a residir na Favela do Real Parque, em São Paulo. Este estudo se concentra nos Pankararu do Real Parque. Este trabalho descreve partes da cosmologia Pankararu e suas formas tradicionais de cura, na busca de compreender a integração dessas práticas com o atendimento biomédico do Município de São Paulo. Descrevo então como ocorre essa integração, assinalando os conflitos e os processos de “tradução” e ressignificação de seus elementos rituais para o contexto urbano. O crescente número de etnias que vivem na metrópole suscita indagações quanto à transformação e readaptação de seus discursos. Esta etnografia pretende explicitar como é realizado esse movimento e as formas de afirmação identitária e de conquistas políticas, principalmente, no campo da saúde.
This essay seeks to approach the Pankararu concepts of healing and their relations with Biomedicine. Although Pankararu originate from the region of São Francisco submid, in the State of Pernambuco, after an intense process of migration, many ofthem took up residence in the shantytown of Real Parque, in São Paulo city. This study focuses on the Pankararu of Real Parque. This paper describes parts of the Pankararu cosmology and their traditional ways ofhealing, seeking to understand the integration of these practices with biomedical care in São Paulo city. I describe,then, how this integration occurs, pointing out the conflictsand the processes of "translation" and their redefinition of ritual elements to the urban context. The growing number of ethnic groups living in the metropolis raises questions aboutthe transformation and upgrading of their speech es. This ethnography aims to explainhow this movement takes place and the forms of identity affirmation and political achievements, especially in the health field.
TEDE
BV UNIFESP: Teses e dissertações

Cette thèse démontre comment le patrimoine préhispanique colombien devient un enjeu de reconnaissance pour les peuples autochtones, vingt ans après l’élaboration d’une constitution multiculturelle et néolibérale. Inspirée des travaux de L. Boltanski et d’E. Claverie, l’étude de trois affaires permet de saisir comment de nouvelles revendications ethniques transforment un dispositif patrimonial qui semblait immuable depuis plus d’un demi-siècle. L’analyse s’appuie sur un travail de terrain multisitué (Marcus, 1995). Elle explore les paysages (Appadurai, 2001) patrimoniaux et autochtones du « système monde » en les reliant à trois sites où des parcs archéologiques nationaux se situent au sein ou en bordure de territoires autochtones (Teyuna Ciudad Perdida, San Agustín et Tierradentro). En retraçant la biographie sociale et culturelle des vestiges (Appadurai et Kopytoff, 1986), nous expliquons comment le dispositif patrimonial, mis en place au début du vingtième siècle, est à l’origine d'une valorisation rhétorique et esthétique des racines préhispaniques du pays, mais en aucun cas d'une reconnaissance des peuples autochtones contemporains. Ecartés de l’histoire et de la gestion patrimoniale des parcs, les leaders autochtones entendent, à la fin des années 2000, transformer les régimes de vérité et de patrimonialité qu’ils jugent injustes. L’enjeu est de légitimer leur appropriation des sites afin de justifier leurs demandes de reconnaissance identitaire et territoriale. Le droit autochtone, les principes de l’UNESCO sur la diversité culturelle et le patrimoine immatériel, la pensée décoloniale et les craintes suscitées par le tourisme, sont autant de supports mobilisés pour justifier leurs attentes. Lors des affaires, différents systèmes de légitimité s'affrontent au cours d’épreuves de justice (Boltanski, Thevenot, 1991) et de force. Ce processus renforce les frontières ethniques par un effet d’altérisation patrimoniale et modifie le régime de patrimonialité : les vestiges deviennent les supports de nouvelles pratiques ethniques, rituelles et sacrées, les autochtones acquièrent une place de partenaires dans le nouveau dispositif patrimonial et la valeur relationnelle des artefacts devient aussi importante que leur matérialité
This thesis aims to understand how Colombia's pre-Hispanic heritage becomes a recognition issue for indigenous peoples, twenty years after the creation of a multicultural and neoliberal constitution. Inspired by the works of L. Boltanski and E. Claverie, the study of three “affairs” makes it possible to understand how new ethnic claims transform a heritage “dispositif” (Foucault, 1977) that seemed immutable for more than half a century. The analysis is based on a multi-sited field work (Marcus, 1995). It explores heritage-scapes (Appadurai, 2001), and indigenous-scapes of the "world system" by linking them to three sites where national archaeological parks are located within or bordering indigenous territories (Teyuna-Ciudad Perdida, San Agustín and Tierradentro). In retracing the social and cultural biography of the vestiges (Appadurai and Kopytoff, 1986), we explain how the heritage “dispositif”, introduced at the beginning of the twentieth century, gave rise to a rhetorical and aesthetic valorization of the country's pre-Hispanic roots, but in no way to the recognition of contemporary indigenous peoples. In the late 2000s, indigenous leaders, who were left out of the history and heritage management of parks, intend to transform the “truth regime” and “heritage regime” they consider unfair. The challenge is to legitimize their appropriation of the sites in order to justify their requests for identity and territorial recognition. Indigenous rights, UNESCO's principles on cultural diversity and intangible heritage, decolonial thinking and fears aroused by tourism are all resources used to justify their expectations. In those “affairs”, different systems of legitimacy clash during “tests of justification” (Boltanski, Thevenot, 1991) and “tests of strength”. This process reinforces ethnic boundaries through a heritage othering effect, and changes the heritage regime: artifacts become the supports of new ethnic, ritual and sacred practices, indigenous peoples acquire a place of partners in the new heritage “dispositif”, and the relational value of vestiges becomes as important as their materiality

Customary land ownership, recording and registration are complex issues in the Solomon Islands. At present, 87% of the land is held under customary laws. Almost all (some 99%) of the land held under customary law is not surveyed, recorded or registered to the tribes. Customary land disputes have been inhibiting rural development initiatives, which is partly responsible for the ill-being of the people. The Family Tree Approach (FTA) is a process being used within the To'abaita region of the Malaita Province to help address problems in the dilemmas of land ownership, land disputes, land recording, land registration and rural development in land held under customary laws in To’abaita. The FTA is a blend of indigenous epistemology, modern practices and Christian principles. Indigenously, the tribes identify with their land by tracing their origins through genealogies, historical narrations, tribal epics and chants, shrines and properties. Rev. Michael Maelia’u, a Church Minister and a former Parliamentarian, promotes the FTA. The FTA has four pillars (principles) – recognition, reconciliation, recording and registration – which are covered within five sequential phases. For instance, recognition is done in phase one of the process, enabling all members of a tribe to recognize each other. Reconciliation is part of the process, promoting forgiveness and acceptance of tribal members. Recording is an important pillar of the FTA, as its role is to produce documents that will be accepted by the law. Research results show that land registration is also a pillar of the FTA; once customary land is registered to the tribes, land disputes will be resolved, thereby enabling sustainable rural development that improves the people’s well-being. The FTA, however, is currently not formally recognized in the country. It has been used by 12 of approximately 20 tribes within the To'abaita region. Some of the To'abaita tribes have not adopted the FTA for various reasons. The FTA has enabled the disintegrated generations to recognize or identify with one another. It enables public recognition of existing tribes, tribal genealogies, tribal tales, tribal epics, the tribal iii shrines, and the tribal land. Reconciliation has been carried out at both intertribal and intra-tribal levels. The FTA enables identification of people who are residing on land and utilizing resources they do not have a right to. It makes people aware of their roots or the land of their origin, which would then lead to reduced land disputes that constrained development initiatives and the well-being of the people. The results, however, indicated that the FTA has problems either in the approach itself or in its management. It is incapable of achieving its objectives (reducing land disputes, enable rural development, enable tribal land registration, and resettling land that was wrongly acquired). People have split perception of the FTA and the legislation; this therefore reduces potential motivation that is needed to advance the approach. Results of the research also indicated that no proper and serious documentation has been done, despite knowing that it is one of the pillars. In To'abaita, gender and culture are contributing issues, which cause difficulties to the FTA. Also, the FTA lacked financial support. Those that have experience with the FTA believe that the FTA objectives need to be made known to promote motivation to the illiterate people of To'abaita. Adequate communication of issues to improve the FTA is essential. Forming a committee that oversees the design and management of the FTA is necessary for its improvement, and adequate financial support will bring the FTA forward. Chief empowerment by the legislation is essential to enable the FTA to achieve its objectives in the future.

Over the last forty years, the self-determination claims of Indigenous peoples in Canada have increasingly been cast in the language of “recognition”: recognition of Indigenous cultural distinctiveness, recognition of an Indigenous right to land and self-government, recognition of the right to benefit from the development of Indigenous territories and resources, and so on. In addition, the last fifteen years have witnessed a proliferation of scholarship which has sought to flesh-out the ethical, legal and political questions that these claims tend to raise. Subsequently, “recognition” has now come to occupy a central place in our efforts to comprehend what is at stake in contestations over identity and difference in liberal settler-polities more generally. The purpose of this dissertation is twofold. First, I want to challenge the now commonplace assumption that the colonial relationship between Indigenous peoples and Canada can be reconciled via such a politics of recognition. Second, I want to explore glimpses of an alternative politics. More specifically, drawing critically from Indigenous and non-Indigenous intellectual and activist traditions, I will explore a politics of self-recognition that is less oriented around attaining an affirmative form of recognition from Indigenous peoples’ master-other (the liberal settler-state and society), and more about critically revaluating, reconstructing and redeploying Indigenous cultural forms in ways that seek to prefigure alternatives to the colonial social relations that continue to facilitate the dispossession of Indigenous lands and self-determining authority.

This thesis explores First Nations peoples’ relationship with the Canadian government and how the issue of citizenship has played into this relationship. This thesis analyses citizenship theory as it relates to First Nations peoples through an examination of prominent theorists of Canadian politics and Indigenous scholars. Arguments for unitarian citizenship, pluralist forms of citizenship and Indigenous nationalism are examined. Issues of participation, identity and self-determination are explored as they relate closely to the debate over the level of inclusion in Canadian citizenship. The Royal Commission on Aboriginal Peoples recommends a dual-citizenship model, to be implemented by the Canadian government with consultation and input from First Nations. However, this recommendation has not been pursued, and the relationship between First Nations and the Canadian government is as tense as ever. I conclude that a thoughtful re-examination of the RCAP dual-citizenship model is necessary if we are to move towards reconciliation in Canada.
October 2015

Theories of recognition, once seen as a promising approach for addressing the politics of difference and identity, have recently faced a sustained critique. This thesis participates in that critical project by confronting two recognition theorists – Charles Taylor and Nancy Fraser – with the injustices of colonialism in Canada as articulated by Indigenous scholars, particularly Dale Turner. The resultant critical multilogue highlights the shortcomings in each theory, but also points to their key strengths. These insights inform a discussion of agonistic reconciliation, a concept that transcends the limits of the recognition paradigm and offers hope for more just relations between Indigenous peoples and settlers in Canada.
Graduate

Doctor of Philosophy (PhD)
The official version of law in Australia is that the state has a monopoly over sovereignty: there is only one Australian law whose meaning is determined by the courts. However, the courts have implied that there is another law, the law of Indigenous peoples which exists as a social fact. It can be recognised by the state for particular purposes, such as the protection of the ‘native title’ of Aboriginal peoples and Torres Strait Islanders to their traditional countries. Native title is characterised as the translation of a primarily spiritual connection to land into proprietary rights and interests, requiring proof of the connection that a particular Indigenous society has under traditional laws and customs continuously acknowledged since Britain claimed sovereignty. Given the special nature of native title, the preference is to recognise title by negotiated agreement. This thesis undertakes a study of some of the assumptions and inconsistencies on which the recognition of native title – and this ‘not quite’ legal pluralism – rests. It questions law’s relation to fact, time, space, identity, language and practice as these are deployed in calibrating Indigenous peoples’ claims, and so reaches across disciplines to History (questioning the knowable past), Philosophy (the notion of recognition), Legal Theory (the concept of law as rules and the separation between law and fact), Anthropology and Literary Studies (the possibility of translation), Aesthetics (the rationality of proof), and Geography (the alternative space of negotiation). In looking closely at the practical and discursive process of making a claim, an account of native title can be given that refuses the cogency of the monopoly of sovereignty, and envisages instead a multi-faceted phenomenon that is the ‘unofficial’ law of native title. Native title is a set of practices which stimulate new articulations of Indigenous law and settler law and put them in relation with one another: the process of recognition is also a creative process of transformation.

Wellbeing as a measure for evidence-based policy has gained prominence internationally and nationally. There is now widespread recognition that wellbeing is multidimensional and contextually and culturally constructed. Despite this, the tendency has been to establish universal criteria and indicators for the measurement of wellbeing. One problem with such universal applications is that the different meanings and understandings of what constitutes wellbeing that are held by different peoples can be overlooked. This is particularly true for Indigenous peoples around the world where parameters of their wellbeing tend to be defined on their behalf. While this in part reflects the power imbalance between Indigenous peoples and nation-states, it is also simply the lack of adequately nuanced data on what constitutes ‘wellbeing’ for Indigenous peoples. This situation can be attributed to the difficulty of creating measures that can be both ‘relevant’ and ‘usable’. ‘Relevance’ involves giving priority to Indigenous worldviews concerning wellbeing while concerns for ‘usability’ can steer researchers and policy makers toward a reliance on existing normative datasets and methodologies. As a result, a disconnection persists between Indigenous peoples’ aspirations for wellbeing and the policies and reporting frameworks aimed at improving Indigenous wellbeing. This disconnect can be usefully framed in the ‘recognition space’. Operationalising this space requires a focus on how wellbeing is conceptualised, by what process are wellbeing measures decided, for what purposes, and who makes those decisions. This thesis has the ambitious aim of operationalising the recognition space, to conduct research that addresses the challenge of bringing closer the often opposing concerns for ‘relevance’ and ‘usability’ in the development of wellbeing measures. A substantial component of the thesis is therefore focused on process, not just outcomes. The operationalising of the recognition space involved a two-fold process Firstly, existing approaches are extended by incorporating Indigenous worldviews in the framing of wellbeing evaluation. As an approach, it is a step in the direction of making visible the aspects of Indigenous wellbeing which tend to be at the margins of ‘usability’ accounts. But ultimately, such an approach remains imperfect. Conceptualising Indigenous wellbeing that is both ‘relevant’ and ‘usable’ requires an alternative approach. In the second part of the thesis, an alternative approach starting from Indigenous perspectives is explored, working with the Yawuru community in Broome, Western Australia. The Yawuru case study employed a participatory mixed-methods approach whereby narratives and expressions of wellbeing by Yawuru women and men informed the development of measures and indicators used to represent and evaluate their wellbeing. There are two innovative contributions of this case study. Firstly, conceptualisation of Yawuru wellbeing starting with mabu liyan, Yawuru’s philosophy of wellbeing; and secondly the use of Best-Worst Scaling as a way to elicit Yawuru priorities. Together, the objects of value and the importance attached to the various objects of value for Yawuru are determined. This approach has the benefit of transforming the way that data and information is presented and collected, by actively involving those who know their lives best, those on the ground living in communities.

Australian courts have yet to uphold the existence of any Indigenous fishing, hunting or gathering rights at common law. The High Court of Australia recognised that Indigenous peoples had existing common law rights to land in the Mabo decision in 1992. In doing so, the court fundamentally altered what had been the conventional legal wisdom about the legal rights of Indigenous peoples in Australia. The principles upon which that decision was based pave the way for the recognition of fishing, hunting and gathering rights of Indigenous peoples. But that recognition is yet to occur. The thesis explores the potential for the recognition of fishing, hunting and gathering rights of Indigenous peoples at common law in Australia. Whilst there have been some tentative steps towards the recognition of such rights, there remains considerable uncertainty as to whether such rights do exist at common law and, if so, their scope. This thesis traces the recent developments in the law concerning the recognition of Indigenous fishing, hunting or gathering rights in Canada, New Zealand and the United States. The thesis argues that Indigenous peoples in Australia have an existing, albeit unrecognised, common law right to fish, hunt and gather. If common law fishing, hunting or gathering rights exist, further issues arise as to restrictions upon their exercise under regulatory regimes. Particular problems which may arise in Australia in this regard are considered. Issues concerning the extinguishment and regulation of such rights are analysed in detail. The operation of the Racial Discrimination Act 1975 (Cth) and the Native Title Act 1993 (Cth), which confer additional protection on Indigenous rights recognised at common law, is examined in depth. The impact of these statutes upon State legislation dealing with fishing, hunting and gathering in so far as they affect Indigenous rights is significant. The thesis explores the potential for the commercial utilisation of Indigenous fishing, hunting and gathering rights. Indigenous peoples have received a greater share of the valuable commercial fishing industry in Canada, New Zealand and the United States in the past two decades. However, in Australia there has been no change in the level of participation of Indigenous peoples in fisheries in the wake the Mabo decision. Indigenous peoples remain largely excluded from the current commercial fishing industry. The thesis analyses the legal bases used by Indigenous peoples in other countries to obtain a share in commercial fisheries and considers the applicability of those legal principles to Australia. Finally, issues concerning allocation of natural resources between Indigenous and non-Indigenous users and the regulation or co-management of natural resources utilised by both Indigenous and non-Indigenous persons are explored.

The overarching question that this thesis sheds some light on is whether making PES more equitable increases the likelihood that they will be successful. The findings of the three empirical chapters suggest that policy-makers would do well to keep equity consideration in mind when designing PES. The first of these chapters is based on the results of a survey of dozens of PES in Latin America. The second and third chapters use a deliberative choice experiments approach to measure participant preferences towards different equity design characteristics of PES in an indigenous community in Colombia, where one of these programs is likely to be implemented in the near future.

Ideas that are migrating from Canada are already guiding advocates who seek greater judicial and constitutional recognition of Aboriginal and Torres Strait Islander peoples. However, there is a need for a conceptual framework through which to approach the lessons that can be learned from Canada in this area. Inspired by The Migration of Constitutional Ideas, an edited work by Sujit Choudhry, in this thesis I argue that by thinking about the migration and transplantation of foundational ideas and by differentiating between four ‘modes’ of migration (arguments of counsel, judicial determinations, academic critique and constitutional reform deliberations), it is possible to better understand some of the processes that are at play. In particular, by adopting the terminology of the ‘migration’ and ‘transplantation’ of ‘foundational’ ideas, I aim to demonstrate that it is dangerous to transplant foundational ideas, whether derived from the common law or constitutional law, without other ideas (particularly in relation to implications) also migrating. This thesis is a response to two distinct but related topics: ‘Topic 1 — The Potential for Judicial Recognition of Indigenous Self-Government Rights: The Migration of Foundational Ideas from Canada to Australia’ and ‘Topic 2 — Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, the Race Power and an Anti-Discrimination Guarantee: Contemplating Canadian Approaches to Equality’. Through these two topics I examine two of the recognised modes of recognition — judicial and constitutional — and focus on two discrete types of recognition — self-government and non-discrimination — and the lessons that can be learned from Canada. In response to the first topic I consider the extent to which foundational ideas are migrating from Canada to Australia in the field of Indigenous self-government rights and whether these ideas could be used in Australian courts. In response to the second topic I consider the extent to which Canadian experiences may assist when exploring the potential implications of prohibiting discrimination in the Australian Constitution and when examining the various options that are available. As far as the migration of foundational ideas from Canada is concerned, in Topic 1 my starting point is to consider what could be learned from the Canadian jurisprudence in order to understand the ideas that have migrated or could potentially migrate to Australia. In contrast, in Topic 2 I start with an appraisal of the lack of recognition of Aboriginal and Torres Strait Islander peoples in the Australian Constitution and the perceived problems with s 51(xxvi) (the ‘race power’), and in so doing I consider what benefits (modified) Canadian transplants may offer, if any.

Tese de doutoramento em Sociologia, apresentada à Faculdade de Economia da Universidade de Coimbra
A presente tese consiste em um estudo sociológico a partir do caso da Usina Hidroelétrica Belo Monte, em construção no Estado do Pará, na Amazônia brasileira. O objetivo deste estudo foi dedicar um olhar para a questão da saúde a partir da perspectiva das populações atingidas pelo megaprojeto hidroelétrico. O trabalho inicia com uma apresentação do histórico dos projetos de barramento do rio Xingu, em meados dos anos 1970. Dos primeiros estudos da bacia hidrográfica do Xingu até o início da obra de Belo Monte passaram-se aproximadamente trinta anos e, durante esse período, muitas polémicas e disputas envolveram as populações atingidas, políticos, intelectuais, artistas, cientistas, ativistas e movimentos sociais. Também é discutido nesta tese o modelo de desenvolvimento económico brasileiro, para se compreender como se dá a opção pela construção de grandes projetos de infraestrutura, como é o caso de Belo Monte. A partir dessa primeira abordagem ao megaprojeto, passo a dar ênfase à perspectiva das populações atingidas por Belo Monte. Para tanto, foi necessário, primeiramente, conhecer melhor o universo de populações atingidas, compostas por populações urbanas, rurais, comunidades ribeirinhas e indígenas. Através do trabalho empírico realizado em Brasília/DF e Altamira/PA, foi possível conhecer e reconhecer a diversidade dessas populações e, assim identificar algumas questões importantes que não foram objeto de debate com o poder público e o empreendedor. É o que Boaventura de Sousa Santos (2006) chama de produções de não existência, ou invisibilidades. A utilização da matriz teórica das epistemologias do Sul (Santos, 2002) permitiu o reconhecimento dessas invisibilidades, isto é, permitiu ver como as alterações no ambiente e nos modos de vidas das populações atingidas por Belo Monte afetam a saúde e a qualidade de vida destas. É a partir dessa lente que se dedica o olhar para a saúde das populações atingidas, e a problematização dessa questão é realizada nesta tese tendo como protagonistas as próprias populações atingidas. Assim foi identificado como um dos problemas relevantes decorrentes da construção da Usina Hidroelétrica Belo Monte a relação entre o sofrimento sentido pelas populações atingidas e o surgimento de agravos à saúde. O sofrimento difuso é um conceito desenvolvido por Valla (2001) que será discutido nesta tese na medida em que é constatado como uma consequência de Belo Monte invisibilizada. Isto porque não foi previsto ou discutido como uma possibilidade, nem no Estudo de Impacto Ambiental (EIA), nem no seu respectivo Relatório de Impacto Ambiental (Rima). Também não foi percebido como uma situação merecedora de atenção por parte do órgão fiscalizador responsável pela conceção das licenças que permitiram Belo Monte ser construída, o Ibama. Ainda, a relação entre o sofrimento e os agravos à saúde das populações atingidas não foi alvo de políticas públicas na área da saúde pública. Dessa forma, pretende este trabalho contribuir para a discussão sobre a saúde das populações atingidas pelo megaprojeto Belo Monte, a partir do reconhecimento das populações atingidas como detentoras e produtoras de conhecimento relevante. ~This thesis consists of a sociological study from the case of Belo Monte Hydroelectric Power Plant, under construction in the State of Pará, in the Brazilian Amazon. The aim of this study was to dedicate a look at the issue of health from the perspective of the people affected by hydroelectric megaproject. The work begins with a presentation of the history of the Xingu River dam projects in the mid-1970s From the first studies of the watershed of the Xingu to the early work of Belo Monte it took about thirty years and during this period, many controversies and disputes involving the populations concerned, politicians, intellectuals, artists, scientists, activists and social movements. It is also discussed in this thesis the Brazilian model of economic development, to understand how is the option for the construction of large infrastructure projects, such as the case of Belo Monte. From this first approach to megaproject, then I give emphasis to the perspective of populations affected by Belo Monte. Therefore, it was necessary, firstly, to know the universe of affected populations, composed of urban, rural populations, coastal communities and indigenous people. Through the empirical work done in Brasilia / DF and Altamira / PA, it was possible to know and recognize the diversity of these populations and thus identify some important issues that were not subject to discussion with the government and the entrepreneur. It's what Boaventura de Sousa Santos (2006) calls invisibilities. Using the theoretical framework of South epistemologies (Santos, 2002) allowed the recognition of these invisibilities, allowed to see how changes in the environment and ways of life of the populations affected by Belo Monte affect the health and quality of life of that people. It is from this lens that is dedicated to looking at the health of the populations, and the questioning of this issue is carried out in this thesis having as protagonists the affected populations themselves. Thus it was identified as one of the relevant issues arising from the construction of the Belo Monte Hydroelectric Plant the relationship between the suffering experienced by the affected populations and the emergence of health problems. The diffuse suffering is a concept developed by Valla (2001) which will be discussed in this thesis since it is found as a result of Belo Monte. This is because it was not planned or discussed as a possibility, or the Environmental Impact Study (EIA), or in their respective Environmental Impact Report (RIMA). It was also not perceived as a worthy position of attention by the supervisory body responsible for the design of the licenses that allowed Belo Monte is built, the Ibama. Also, the relationship between suffering and health problems of the affected population was not the target of public policies in the field of public health. Thus, this work aims to contribute to the discussion on the health of populations affected by Belo Monte mega-project, from the recognition of the people affected as having relevant knowledge.
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) - Nº BEX 1749-13-7