This thesis examines criminal law in the context of Australian indigenous–settler relations. Through the jurisprudence of Justice Kriewaldt in the Northern Territory, it explores the relationship between the policy of assimilation and the application of the criminal law to Aboriginal people. Justice Kriewaldt was the sole judge of the Northern Territory Supreme Court during the 1950s. This was an important period in Australian history when the assimilation policy was at its highpoint. The thesis focuses on three areas of criminal justice—provocation, sentencing and alcohol consumption regulation. Both for Justice Kriewaldt and, in contemporary times, these areas were and continue to be of particular relevance to Aboriginal people confronting the criminal justice system. The thesis demonstrates that Justice Kriewaldt’s approach in these areas was informed by his support for the assimilation policy. It is argued that Justice Kriewaldt generally understood Aboriginal people to be uncivilised and that he applied the criminal law to assist in civilising Aboriginal people so that they could become assimilated. / This thesis also explores how Justice Kriewaldt’s jurisprudence has pervaded current approaches to dealing with the interaction between Aboriginal people and the criminal law. The thesis argues that although echoes of Kriewaldt’s 1950s approach are persistent within contemporary applications of the criminal law to Aboriginal people in the Northern Territory, there have also been shifts in approach. It is contended that Aboriginal people are increasingly understood to be culturally devastated and sick, and that contemporary criminal law frequently aims to restore and repair Aboriginal people to their communities, rather than to assimilate Aboriginal people. It is argued that this approach has opened up a space for Aboriginal people to become more involved in the application of criminal justice and, from this involvement, a form of weak legal pluralism has emerged.

Objetivo. Nesta investigação, analisa-se a dinâmica demográfica dos índios Kaiabi do Parque Indígena do Xingu (PIX), Mato Grosso, Brasil, no período 1970-1999. Métodos. Análise transversal e longitudinal da dinâmica demográfica, com base em nas informações do registro de eventos vitais da população das aldeias Kaiabi do PIX, gerados pelo programa de saúde da UNIFESP no Xingu, apoiados por levantamento histórico e etnográfico. Resultados. O contato com a sociedade nacional, nas décadas de 1920 a 1950, na região do rio Teles Pires, deu origem à depopulação das aldeias por confrontos e epidemias e à migração de parte dos Kaiabi para o Xingu. Em 1970, havia 204 no Parque e em 1999, 758. O crescimento da população foi de 4,5% ao ano, a taxas bruta de natalidade é alta ( 53,7 por mil habitantes) e de mortalidade baixa (8,1 por mil habitantes). Na população, 56,2% são menores de 15 anos de idade, sendo a taxa de mortalidade infantil de 15,2 por mil nascimentos vivos, em razão de um programa de saúde indígena existente na área desde 1965. A recuperação demográfica desta população se assemelha a do conjunto da população do Xingu, também atendida pelo programa de saúde. Destaca-se a analise da fecundidade por coortes acompanhadas por períodos de 35 anos, e a importância da coleta sistemática de dados demográficos para populações indígenas. / Objective. This study analyses the demographic dynamic of the Kaiabi a indigenous people of the Xingu river, Mato Grosso, Brazil, from 1970 to 1999. Methods. The demographic survey included cohort and period analyse, with vital statistics from the health service of the Xingu Indigenous Park. Results. Contact with Brazilian national society, established in the 1920 and 1950, in the Teles Pires river region, caused a population drop due to clashes and epidemics. In 1952, a part of the Kaiabi group start to migrate to the Xingu region where they live at present. In 1970 there where 204 individuals in the Xingu villages and in 1999, 758. The crude birth rate is higth (53,7 per thousand inhabitants) and the death crude rate low (8,1 per thousand inhabitants). The majority of the population is under 15 years of age (56,2%) and the infant mortality rate is low or moderate (15,2 per thousands live births ), considering indigenous communities on general, because a health indigenous program is installed on the area before 1965. The demographic recovery starts at 1975 and is similar to that others indigenous Xingu groups. The research highlights the importance of a analyse of fertility cohorts about 35 years.

Objetivo. Nesta investigação, analisa-se a dinâmica demográfica dos índios Kaiabi do Parque Indígena do Xingu (PIX), Mato Grosso, Brasil, no período 1970-1999. Métodos. Análise transversal e longitudinal da dinâmica demográfica, com base em nas informações do registro de eventos vitais da população das aldeias Kaiabi do PIX, gerados pelo programa de saúde da UNIFESP no Xingu, apoiados por levantamento histórico e etnográfico. Resultados. O contato com a sociedade nacional, nas décadas de 1920 a 1950, na região do rio Teles Pires, deu origem à depopulação das aldeias por confrontos e epidemias e à migração de parte dos Kaiabi para o Xingu. Em 1970, havia 204 no Parque e em 1999, 758. O crescimento da população foi de 4,5% ao ano, a taxas bruta de natalidade é alta ( 53,7 por mil habitantes) e de mortalidade baixa (8,1 por mil habitantes). Na população, 56,2% são menores de 15 anos de idade, sendo a taxa de mortalidade infantil de 15,2 por mil nascimentos vivos, em razão de um programa de saúde indígena existente na área desde 1965. A recuperação demográfica desta população se assemelha a do conjunto da população do Xingu, também atendida pelo programa de saúde. Destaca-se a analise da fecundidade por coortes acompanhadas por períodos de 35 anos, e a importância da coleta sistemática de dados demográficos para populações indígenas. / Objective. This study analyses the demographic dynamic of the Kaiabi a indigenous people of the Xingu river, Mato Grosso, Brazil, from 1970 to 1999. Methods. The demographic survey included cohort and period analyse, with vital statistics from the health service of the Xingu Indigenous Park. Results. Contact with Brazilian national society, established in the 1920 and 1950, in the Teles Pires river region, caused a population drop due to clashes and epidemics. In 1952, a part of the Kaiabi group start to migrate to the Xingu region where they live at present. In 1970 there where 204 individuals in the Xingu villages and in 1999, 758. The crude birth rate is higth (53,7 per thousand inhabitants) and the death crude rate low (8,1 per thousand inhabitants). The majority of the population is under 15 years of age (56,2%) and the infant mortality rate is low or moderate (15,2 per thousands live births ), considering indigenous communities on general, because a health indigenous program is installed on the area before 1965. The demographic recovery starts at 1975 and is similar to that others indigenous Xingu groups. The research highlights the importance of a analyse of fertility cohorts about 35 years.

This dissertation explores the impact of multiculturalism on the relationship between ethno-racial social movements and the Venezuelan State. It assesses movements´s capacity to achieve recognition and redistribution within a State embracing anti-neoliberal multicultural discourses and policies.I conducted a comparative ethnographic study of two ethno-racial movements in northwestern Venezuela - the Ayamán-turero indigenous organization located in Lara state and the Afrodescendant movement in Yaracuy state. In order to explain the contemporary variations of these movements´s strategic capacities, I proposed the concept of mobilizing habitii - which I defined as the multilayered dispositions, practices, perceptions, and values orienting social mobilization. I argue that the mobilizing habitii of social organizations can be explored by examining their collective actions frames, strategic actions, and habitual practices. Historical evidence suggests that Ayamán mobilizing habitii have been characterized by strategies of avoidance, while Afroyaracuyan mobilizing dispositions have been shaped by their direct engagement with the State.My comparative research also suggests that Afroyaracuyan people from Veroes have managed to engage in successful territorial struggles, involving effective land redistribution. In contrast, Ayamán people have focused their efforts on reproducing State cultural performances and local ritual practices. However access to material resources, still remains limited for this indigenous population, and almost impossible to achieve through ethno-racial forms of mobilization.My comparative endeavor also shows how the Venezuela multicultural project represents a significant rupture with other Latin American neoliberal multicultural projects. Since 2006, the Venezuelan State has been indigenized, by representing indigenous peoples as the "seeds" and "holders" of the socialist project. The State has institutionalized some indigenous organizations by controlling their resources and by politicizing some leaders. Paradoxically, afrodescendant peoples have remained at the legal margins of this process, facing the ideological barriers of the myths of racial democracy and mestizaje.My conclusions suggest, that ethnic recognition in Bolivarian Venezuela ensures limited redistribution of material resources, while it simultaneously re-essentializes ethno-racial categories and produces new subjectivities. In other words, ethno-racial mobilization is limited for achieving substantial material resources, even in States which are implementing anti-neoliberal multicultural policies.

The participation of indigenous communities and use of indigenous knowledge systems (IKS) in environmental governance is provided for in several international and national environmental legislation and policies. In South Africa, the National Environmental Management Act 107 of 1998 (NEMA) in Chapter 1, Principle 4g requires that decisions must take into account the interests, needs and values of all interested and affected parties, and this includes recognising all forms of knowledge, including traditional and ordinary knowledge. This study investigated the Environmental Impact Assessment process (EIA) in mining developments in three rural communities in Limpopo Province, South Africa with regards to the effectiveness of public participation in fostering the incorporation of IKS. The qualitative research design used in this study employed several research methods through the utilisation of 3 villages as a case study. Semi-structured interviews, a focus group discussion and document analysis were used to collect information regarding the public participation process and the integration of IKS into EIAs. This report illustrates that IKS exists in rural communities and some of it is relevant to be incorporated in EIAs. This research study has shown that while expert knowledge dominates the EIA process, there is no indication that this is done deliberately to exclude IKS. This study has also revealed that the public participation process has a number of weaknesses such as in the selection and composition of community stakeholders and communication procedures. Suspicions also developed amongst the villagers of community representatives being bribed by the mine, and infighting started within community committees resulting in some community members losing trust in the committees. The disagreements with regards to the integrity of community committees created divisions and this negatively impacted on the public participation process. However, despite these weaknesses, if capacity building for both EIA experts and rural communities is done, the public participation process has potential as a tool to aid the integration of IKS into EIAs.

Since Papua became part of Indonesia in 1963, hundreds of thousands of people have migrated there from other parts of the nation. By 2000, over a third of the province??s residents were non-indigenous people, with the great majority of these immigrants living in the more developed urban areas along the coast. This mass movement has transformed the territory??s society, altering the social, cultural and economic position and opportunities of the indigenous inhabitants. This thesis uses statistical data from Indonesian government publications to describe the development of these changes to the province??s population from 1963 to the early part of the 21st century. While it is acknowledged that the military presence and actions in the territory have played a crucial role in creating distrust of the Indonesian government among the indigenous people, this material supports the thesis that the mass movement of people to the region has developed an identification among the indigenous peoples of the territory of being part of a single Papuan community, a Papuan nationalism. This migration has also limited the educational and employment opportunities of indigenous people, creating hostility towards the newcomers among indigenous people and resulting in an alienation from the Indonesian nation. It will be argued that the patterns of settlement, employment and perceptions of ethnic difference between indigenous and migrant groups reflect a form of internal colonialism that has resulted from this immigration. While independence is a popular aspiration among indigenous Papuans, an evaluation of the national political situation suggests that this event is unlikely in the foreseeable future. If Papuans are to be incorporated fully into the nation of Indonesia, an understanding of the impact of migration on the province??s people is vital. This material also suggests that while there have been negative consequences of the Indonesian rule of the territory, claims that the indigenous population has suffered from genocide perpetrated by Indonesian forces are not supported by the statistical data.

The purpose of this thesis is to destabilize notions that representations of ‘Indians’ as they appear in contemporary Switzerland, Germany, and France are benign. Rather, Europeans in this region rely on ‘playing Indian’ and consuming Indianness to understand themselves as white modern subjects. I demonstrate how this operates through two case studies and argue that colonialism persists through symbolic dialectical processes between North America and Western Europe. Colonial discourse, and regimes of representation, concerning Indianness circulate across geographical locations. I link these symbolic representations to ongoing material struggles of Indigenous peoples for self-determination and land rights. Switzerland’s foreign investments and free trade with Canada for natural resources on unceded Indigenous territories implicates them in a neoliberal colonial paradigm that continues to dispossess peoples of their land. I turn to Indigenous artists and international solidarity networking as potential strategies that address both symbolic and material processes of colonization.

The purpose of this thesis is to destabilize notions that representations of ‘Indians’ as they appear in contemporary Switzerland, Germany, and France are benign. Rather, Europeans in this region rely on ‘playing Indian’ and consuming Indianness to understand themselves as white modern subjects. I demonstrate how this operates through two case studies and argue that colonialism persists through symbolic dialectical processes between North America and Western Europe. Colonial discourse, and regimes of representation, concerning Indianness circulate across geographical locations. I link these symbolic representations to ongoing material struggles of Indigenous peoples for self-determination and land rights. Switzerland’s foreign investments and free trade with Canada for natural resources on unceded Indigenous territories implicates them in a neoliberal colonial paradigm that continues to dispossess peoples of their land. I turn to Indigenous artists and international solidarity networking as potential strategies that address both symbolic and material processes of colonization.

Tourism has become an important option for economic development and the cultural survival of aboriginal people, yet the academic work has overlooked an issue of cultural sustainability and the majority of the literature on indigenous tourism is from a non-indigenous perspective. Although the sustainable livelihood framework does not clearly address the cultural part of life, the approach requires that activities, such as tourism, are placed in a broader context so that they can be examined from an indigenous perspective on sustainability. The purpose of this study is to assess the role that tourism is playing in two indigenous communities' livelihood strategies in Taiwan from an indigenous perspective using the sustainable livelihood framework as an organizing framework. The examination of the evolution of livelihood strategies is the main focus of the study. A review of literature identifies weaknesses in the concepts of sustainable development and sustainable tourism and provides legitimacy for using the sustainable livelihood approach to examine the roles that tourism plays in indigenous people's daily lives. Culture is embedded in daily life and the approach allows the researcher to explore the meanings behind people's daily activities. Also, tourism needs to be placed in a broader context in order to identify whether any linkages exist between it and other sectors of the economy and how tourism can better fit in with exiting livelihood strategies. The research is a collaborative study of two Cou aboriginal communities (i. e. , Shanmei and Chashan) in central Taiwan using qualitative research methods. The sustainable livelihood framework is used as a vehicle for guiding research and analysis. Results indicate that Cou traditional livelihoods and their traditional social structure have been closely linked. The shift of Cou livelihoods from self-sustaining in the past to being linked increasingly to the global economic market system at present comes from a variety of external and internal factors (e. g. , policy, history, politics, macro-economic conditions). The promotion of tourism development and cultural industries by the government in recent years has provided aboriginal people with a new opportunity (tourism) in which they can make use of their culture as an advantage (culture as an attraction) to possibly reverse the inferior position. In addition to being an attraction for economic development, culture has many implications for the way things are done and for the distribution of benefits. In both villages, people employ a wide range of resources and livelihoods strategies to support themselves. Tourism has been incorporated into the livelihoods of both villages in forms of employment (regular and occasional) and various collective and self-owned enterprises (e. g. , restaurants, homestays, café, food stalls, handicraft stores and campsites). Tourism activities have the potential both to complement and to compete with other economic activities in various forms. Conflicts between tourism-related economic activities and other activities may not be obvious in terms of the use of land, water and time. The benefits and costs of each tourism activity experienced by different stakeholder groups (mainly by age and gender) vary, depending on different personal situations. The sustainable livelihoods framework was examined and used to assess the context and forms in which tourism might contribute to sustainable livelihood outcomes. Institutional processes and organizational structures are one main factor determining whether different assets, tangible and intangible, are accumulated or depleted on individual, household, and community scales. The comparison of the two cases revealed that, in the context of capitalist market economy in which people pursue the maximization of individual interests, the following situation is most likely to lead to sustainable outcome (socio-culturally, economically, and environmentally) in the context of indigenous communities. That is tourism enterprises need to be operated through institutions with a communal mechanism and through efficient operation of the communities' organizations based on collective knowledge guided by Cou culture. Sustainable livelihood thinking is useful to the concept of sustainable development because it can be used as an analytical and practical tool for guiding studies of environment and development. It also serves as a means of integrating three modes of thinking: environmental thinking which stresses sustainability, development thinking which stresses production and growth, and livelihood thinking which stresses sustenance for the poor. The approach facilitates examination of the reality of aboriginal people and poor people in rural and remote areas. The approach focuses on the local impacts of change, recognizes the complexity of people's lives, acknowledges that people have different and sometimes complex livelihood strategies and addresses benefits that are defined by the marginalized communities themselves. It acknowledges the dynamism of the factors that influence livelihoods: it recognizes that change occurs and people accommodate, learn from change and plan, adapt and respond to change. It focuses on accommodating traditional knowledge and skills to create conditions for marginalized communities to enhance their well-being. It assists in understanding that traditional knowledge and its innovation provide a basis for the development of coping mechanisms and adaptive strategies to buffer the forces which threaten livelihoods. The sustainable livelihood framework is useful because it places the interests of local people at the centre. Such an approach incorporates tourism as one component of development, particularly for indigenous people, and explores how positive development impacts can be expanded and negative ones can be reduced. However, unless supplemented, the framework may not do justice to the importance of culture and the prominent roles played by key individuals. Keywords: Indigenous people, sustainable livelihoods, culture, sustainability, Taiwan </>

Tourism has become an important option for economic development and the cultural survival of aboriginal people, yet the academic work has overlooked an issue of cultural sustainability and the majority of the literature on indigenous tourism is from a non-indigenous perspective. Although the sustainable livelihood framework does not clearly address the cultural part of life, the approach requires that activities, such as tourism, are placed in a broader context so that they can be examined from an indigenous perspective on sustainability. The purpose of this study is to assess the role that tourism is playing in two indigenous communities' livelihood strategies in Taiwan from an indigenous perspective using the sustainable livelihood framework as an organizing framework. The examination of the evolution of livelihood strategies is the main focus of the study. A review of literature identifies weaknesses in the concepts of sustainable development and sustainable tourism and provides legitimacy for using the sustainable livelihood approach to examine the roles that tourism plays in indigenous people's daily lives. Culture is embedded in daily life and the approach allows the researcher to explore the meanings behind people's daily activities. Also, tourism needs to be placed in a broader context in order to identify whether any linkages exist between it and other sectors of the economy and how tourism can better fit in with exiting livelihood strategies. The research is a collaborative study of two Cou aboriginal communities (i. e. , Shanmei and Chashan) in central Taiwan using qualitative research methods. The sustainable livelihood framework is used as a vehicle for guiding research and analysis. Results indicate that Cou traditional livelihoods and their traditional social structure have been closely linked. The shift of Cou livelihoods from self-sustaining in the past to being linked increasingly to the global economic market system at present comes from a variety of external and internal factors (e. g. , policy, history, politics, macro-economic conditions). The promotion of tourism development and cultural industries by the government in recent years has provided aboriginal people with a new opportunity (tourism) in which they can make use of their culture as an advantage (culture as an attraction) to possibly reverse the inferior position. In addition to being an attraction for economic development, culture has many implications for the way things are done and for the distribution of benefits. In both villages, people employ a wide range of resources and livelihoods strategies to support themselves. Tourism has been incorporated into the livelihoods of both villages in forms of employment (regular and occasional) and various collective and self-owned enterprises (e. g. , restaurants, homestays, café, food stalls, handicraft stores and campsites). Tourism activities have the potential both to complement and to compete with other economic activities in various forms. Conflicts between tourism-related economic activities and other activities may not be obvious in terms of the use of land, water and time. The benefits and costs of each tourism activity experienced by different stakeholder groups (mainly by age and gender) vary, depending on different personal situations. The sustainable livelihoods framework was examined and used to assess the context and forms in which tourism might contribute to sustainable livelihood outcomes. Institutional processes and organizational structures are one main factor determining whether different assets, tangible and intangible, are accumulated or depleted on individual, household, and community scales. The comparison of the two cases revealed that, in the context of capitalist market economy in which people pursue the maximization of individual interests, the following situation is most likely to lead to sustainable outcome (socio-culturally, economically, and environmentally) in the context of indigenous communities. That is tourism enterprises need to be operated through institutions with a communal mechanism and through efficient operation of the communities' organizations based on collective knowledge guided by Cou culture. Sustainable livelihood thinking is useful to the concept of sustainable development because it can be used as an analytical and practical tool for guiding studies of environment and development. It also serves as a means of integrating three modes of thinking: environmental thinking which stresses sustainability, development thinking which stresses production and growth, and livelihood thinking which stresses sustenance for the poor. The approach facilitates examination of the reality of aboriginal people and poor people in rural and remote areas. The approach focuses on the local impacts of change, recognizes the complexity of people's lives, acknowledges that people have different and sometimes complex livelihood strategies and addresses benefits that are defined by the marginalized communities themselves. It acknowledges the dynamism of the factors that influence livelihoods: it recognizes that change occurs and people accommodate, learn from change and plan, adapt and respond to change. It focuses on accommodating traditional knowledge and skills to create conditions for marginalized communities to enhance their well-being. It assists in understanding that traditional knowledge and its innovation provide a basis for the development of coping mechanisms and adaptive strategies to buffer the forces which threaten livelihoods. The sustainable livelihood framework is useful because it places the interests of local people at the centre. Such an approach incorporates tourism as one component of development, particularly for indigenous people, and explores how positive development impacts can be expanded and negative ones can be reduced. However, unless supplemented, the framework may not do justice to the importance of culture and the prominent roles played by key individuals. Keywords: Indigenous people, sustainable livelihoods, culture, sustainability, Taiwan </>