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Reducing Emissions from Deforestation and forest Degradation (REDD+) is a global carbon trading program intent on mitigating or reversing carbon emissions from forestry in the global south. REDD+ was negotiated at the 2005 United Nations Framework Convention on Climate Change (UNFCCC) and is coordinated by the Forest Carbon Partnership Facility (FCPF), administered by the World Bank Group. In this project, I explore REDD+ activity in Costa Rica, drawing on Michel Foucault's concept of governmentality. Costa Rica became a participant in the Forest Carbon Partnership Facility in July of 2008. Since then, indigenous peoples throughout the country have contested the program. This project is a single-case study of the Bribri contestation of REDD+ schemes, one of the larger indigenous communities in Costa Rica. Bribri argue that REDD+ disrespects their worldview and further endangers their local rights to land and forestry. This project argues that REDD+ and Bribri have different perceptions of nature, enabling disagreement on REDD+ goals. Whereas REDD+ perceives nature as commodifiable for the purposes of neoliberal climate policies, Bribri express a spiritual, harmonious relationship with nature. I conclude by noting that REDD+ can pose negative implications for indigenous life and culture. This is not only because REDD+ draws external and domestic actors to land and forestry for incentive-based purposes. But also because REDD+ defines 'rightful behavior' among forestry resources, challenging indigenous conceptions of environmental management. However, the Bribri are resisting REDD+ imposition and, particularly, the program's external governing of indigenous behavior amongst forests. / Master of Arts / Reducing Emissions from Deforestation and forest Degradation (REDD+) is a global initiative intent on reducing carbon emissions from forestry. After it was negotiated at the 2005 United Nations Framework Convention on Climate Change (UNFCCC), REDD+ soon gained the participation of many countries throughout the global south. In this project, I explore REDD+ activity in Costa Rica. Ever since Costa Rica became a participant in July of 2008, indigenous peoples throughout the country have contested the program. This project is a single-case study of the Bribri opposition towards REDD+. The Bribri express that REDD+ disrespects their worldview and, particularly, their traditional knowledge of environmental management. This project argues that REDD+ and the Bribri harbor different views of nature, leading to disagreements on REDD+ goals. While REDD+’s perception of nature is market-oriented, the Bribri envision a spiritual, harmonious relationship with nature. Though REDD+ intends to promote better management of forestry resources, it can threaten traditional indigenous practices on reserves. This project concludes that REDD+ can pose significant risks to Bribri life and culture, especially to their local rights to land and forestry.

This paper delves into the significance of land disposal to indigenous rights and Settler-Colonies. Specifically, it examines land use regulations for forestry management and Forest Sami villages. Through interviews with practicing forest reindeer herders, it has been revealed that forestry practices in Sweden have dramatically altered the landscape, posing significant challenges to the continuation of reindeer herding. In the context of Settler-Colonialism, the analysis of these findings shows that land use regulations align with the "logic of elimination," which seeks to remove the native population to secure settlers’ access to land.

Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2017-11-14T15:25:52Z No. of bitstreams: 1 Pedro Bigolin Neto_.pdf: 1923474 bytes, checksum: d7edbb6188e73aa40dae2819d9d3bdb9 (MD5) / Made available in DSpace on 2017-11-14T15:25:52Z (GMT). No. of bitstreams: 1 Pedro Bigolin Neto_.pdf: 1923474 bytes, checksum: d7edbb6188e73aa40dae2819d9d3bdb9 (MD5) Previous issue date: 2017-08-29 / Nenhuma / Esta dissertação tem como objetivo analisar, simultaneamente, em que medida os conflitos territoriais envolvendo os Guarani e Kaiowá e o agronegócio no Mato Grosso do Sul são contextos propícios para a ocorrência de crimes de atrocidade e são motivados pela lógica colonial. Apesar das conquistas jurídico-formais que apontam para o reconhecimento de suas particularidades, os conflitos envolvendo indígenas e ocupantes de terras têm-se agravado nos últimos anos e têm sido marcados por episódios de extrema violência, notadamente no Mato Grosso do Sul. As investidas contra os habitantes originários têm íntima relação com a ampliação da ocupação de terras na região, destinadas fundamentalmente à monocultura de exportação de commodities, à pecuária intensiva e à indústria sucroalcooleira nas áreas em disputa. Percebe-se, com isso, uma tendência de vulnerabilização dos povos indígenas. Para realização do estudo, são apresentadas como teoria de base e ferramental analítico a perspectiva descolonial e o Framework of Analysis for Atrocity Crimes. A primeira compreende a colonialidade como constitutiva da modernidade, como uma forma de articulação de uma matriz de poder calcada na hierarquização racial dos sujeitos, na premissa de que somente o conhecimento científico-moderno é válido e na inferiorização das subjetividades não-modernas. Sua permanência até os dias de hoje se revela na negação da diferença e na busca por eliminá-la. O segundo consiste num documento elaborado pela ONU, cuja finalidade é de avaliar a presença de fatores de risco para crimes de atrocidade [genocídio, crimes contra a humanidade, crimes de guerra e limpeza étnica]. O trabalho consiste num estudo crítico diagnóstico, valendo-se de pesquisas bibliográfica, legislativa, documental e visitas in locu. São explorados elementos territoriais dos povos Guarani e Kaiowá e de sua história no contato com os karaí [não-índios] para explicitar a subsistência de um padrão de tratamento que deixa de levar em consideração suas particularidades culturais e viola as legislações nacionais e internacionais. Como resultados, foram encontrados diversos indicadores de fatores de risco para crimes de atrocidade, que consistem em: discriminações estruturais de iniciativa pública e privada, intimamente relacionadas pelo poder político-econômico do agronegócio; privações e violações de direitos humanos básicos, muitas delas decorrentes da não-regularização da questão fundiária indígena; um histórico consistente de violências, ataques e assassinatos; e a manutenção de um imaginário que inferioriza as identidades indígenas por sua diferença como estratégia de desapropriação territorial pelo projeto colonial. Para a superação destes impasses, deve-se buscar respostas na construção de um projeto outro, que lide com a diferença de modo horizontal e, de modo mais imediato, na demarcação dos territórios ancestrais dos povos originários. / This dissertation aims to analyze simultaneously the extent to which the territorial conflicts involving the Guarani and Kaiowá and the agribusiness in Mato Grosso do Sul are favorable contexts for the occurrence atrocity crimes and are motivated by the colonial logic. In spite of the legal-formal achievements that point to the recognition of their particularities, the conflicts involving indigenous and land occupants have been aggravated in recent years and have been marked by episodes of extreme violence, notably in Mato Grosso do Sul. The charges against original inhabitants are closely related to the expansion of the land occupation in the region, mainly destined to the monoculture of commodities for export, livestock farming and the industries of sugar and alcohol in the disputed areas. This shows a trend towards the vulnerability of indigenous peoples. To carry out the study, the decolonial perspective and the Framework of Analysis for Atrocity Crimes are presented as ground theory and analytical tool. The first one understands coloniality as constitutive of modernity, as a form of articulating a matrix of power based on the racial hierarchy of the subjects, on the premise that only scientific-modern knowledge is valid and in the inferiorization of non-modern subjectivities. Its permanence to the present day is revealed in the denial of difference and in the quest to eliminate it. The second consists of a document prepared by the UN, whose purpose is to assess the presence of risk factors for atrocity crimes [genocide, crimes against humanity, war crimes and ethnic cleansing]. The work consists in a critical diagnostic study, using bibliographical, legislative, documentary and in locu visits. Territorial elements of the Guarani and Kaiowá peoples and their history are explored in the contact with the karaí [non-Indian] to make explicit the subsistence of a standard of treatment that fails to take into account their cultural particularities and violates national and international laws. As results, several indicators of risk factors for atrocity crimes were found, which consist of: structural discrimination of both public and private initiative, closely related by the agribusiness's political-economic power; deprivations and violations of basic human rights, many of them resulting from the non-regularization of the indigenous land issue; a consistent history of violence, attacks and killings; and the maintenance of an imaginary that inferiorizes indigenous identities by its difference as a strategy of territorial expropriation by the colonial project. In order to overcome these impasses, one must seek answers in the construction of another project, which deals with the difference horizontally and, more immediately, in the demarcation of the ancestral territories of native peoples.

The thesis is a study of a Guaraní community (comunidad) situated in the Department of Santa Cruz in the southeastern lowlands of Bolivia. The thesis uses the concept of ‘comunidad’ as a focus of investigation. While this concept is one that is familiar and firmly embedded in contemporary discourses throughout Bolivia, the meanings which different people and interest groups attach to it and the purposes which they ascribe to it are far from unanimous. Apart from the physical and legal entity, comprising a group of people, the land on which they live, and the legal title for its ownership, a comunidad is a multifaceted and multilayered complex of diverging and sometimes competing ideas, desires and agendas. Questioning the concept of ‘comunidad’ in this way opens up new perspectives on what people are doing and why that could easily be overlooked in continuing to assume that we know what we are talking about when talking about a ‘comunidad indígena’ in Bolivia today. The thesis explores the case of Cañón de Segura by eliciting and bringing together the various claims and perspectives that impact on the lives of its inhabitants (comunarios). Starting with a historical overview to situate the comunidad within Bolivian and Guaraní history, the thesis moves into an ethnographic discussion of the comunarios’ own perceptions and meanings of ‘comunidad’, followed by an exploration of various outsiders’ perspectives on the same topic that impact on the comunarios’ lives in different ways. The aim of the thesis is to illustrate the overlap and entanglements between these different positions in order to show how the different perspectives on the meaning and purpose of a Guaraní ‘comunidad’ all contribute to shape the actual realities of people’s lives ‘on the ground’.

Wik, Wik-Way and Kugu people (Wik people) in Aurukun Shire on Cape York Peninsula (CYP) are among the most socio-economically disadvantaged groups in Australia. While Wik people are presently reliant on government work for welfare programs for income, elders have a vision of economic independence and self-reliance. The large area of native Darwin stringybark (Eucalyptus tetrodonta) forest on traditional Wik land is a potential engine for economic development, which could provide meaningful employment, and contribute to other Wik socio-economic objectives, including facilitating population decentralisation and consolidation of cultural obligations to manage country through provision of on country employment, reducing welfare dependency and expenditure on timber purchases from outside CYP, and increasing income and skill levels in the community. A large proportion of the higher-quality timber resource on traditional Wik land is situated on bauxite mining leases and the current practice is to clear, windrow and burn this timber prior to commencement of mining. A Wik native forest timber industry could make use of this wasted high-quality timber resource. The objectives of this thesis were to: determine the property rights of Wik people to the timber resource on their traditional land; assess whether forestry operations in Darwin stringybark forests in the study area are likely to be financially viable; and generate a suite of optimal timber utilisation strategies for Wik people, subject to cultural, ecological and economic constraints. This required economic research in the areas of indigenous property rights, private and social costs and benefits of forestry, timber markets, and evaluation and application of economic analysis techniques for appraisal of forestry development opportunities. A social cost-benefit analysis of the privately optimal timber utilisation policies has also been performed to support the decision-making of government policy-makers. This research project was a demanding and complex undertaking, not least because the research was being performed in a unique and diverse indigenous cultural environment where there is a need to respect cultural and research ethics protocols, where formal participatory research methods are inappropriate and where gatekeepers are particularly zealous about ‘protecting’ Wik people from ‘outsiders’. In addition, the property rights of Wik people to timber resources had never previously been analysed methodically, timber inventory and timber market information was lacking for CYP, and there are difficulties in transferring parameter estimates from the industrial hardwood timber industry of Australia to culturally appropriate indigenous operations on CYP. A critical research step was to develop a rapport with Wik people and gain an insight into their forestry objectives, through a number of visits to Aurukun Shire and informal discussions with elders on country. The property rights of Wik people to timber resources have been assessed by reviewing Federal and State Government legislation, court rulings, regional development policies and the Queensland Code of Practice for Native Forest Timber Production on State-owned lands. A timber inventory was conducted over 580,000 ha of Darwin stringybark forest, individual-tree volume and taper models were developed, and a geographical information system was used in estimation of harvestable timber volume and its spatial distribution. To facilitate information transfer to Wik people, expertise was gained in the use of forest visualisation software to pictorially display timber inventory data. A review of literature and discussions with experts identified technically feasible timber processing opportunities for CYP timbers. An informal telephone and in-person survey of 46 businesses, local councils and government agencies in north and south Queensland and the Northern Territory provided market information about CYP timbers. Concepts of a culturally appropriate working week and culturally appropriate rate of production were developed to assist the estimation of cost structures for a Wik timber industry, based on cost estimates for non-indigenous Australian hardwood forestry enterprises that had been obtained from discussion with forestry experts and ‘grey literature’. Generation and evaluation of a suite of privately optimal timber utilisation strategies for Wik people has been supported by the development of a mixed-integer goal programming (GP) model using the GAMS software package. The social analysis of the privately optimal strategies has been performed by adjusting private net present values (NPV) estimated by the GP model with shadow prices and transfer payments. In particular, a carbon model has been developed to estimate the value of carbon emitted by the Wik timber industry. The GP model analysis suggests that a Wik timber industry can generate a positive financial NPV if seed funding of at least $0.5 M is available. In general, privately optimal forestry strategies for Wik people generated by the GP model utilise relatively low-technology equipment, including portable sawmills and air-drying sheds, and produce undressed timber products such as structural timber. This contrasts strongly with Wik visions of an industry selling mostly unprocessed logs or woodchips and non-indigenous representatives of Wik people favouring the manufacture of high-value strip-flooring and furniture. The social analysis of privately optimal timber utilisation strategies reveals that social NPVs are much higher than financial NPVs, even when accounting for the costs of ecosystem services foregone by logging native forest. The establishment of a culturally appropriate Wik timber industry can be expected to generate net social benefits for Australia.

Wik, Wik-Way and Kugu people (Wik people) in Aurukun Shire on Cape York Peninsula (CYP) are among the most socio-economically disadvantaged groups in Australia. While Wik people are presently reliant on government work for welfare programs for income, elders have a vision of economic independence and self-reliance. The large area of native Darwin stringybark (Eucalyptus tetrodonta) forest on traditional Wik land is a potential engine for economic development, which could provide meaningful employment, and contribute to other Wik socio-economic objectives, including facilitating population decentralisation and consolidation of cultural obligations to manage country through provision of on country employment, reducing welfare dependency and expenditure on timber purchases from outside CYP, and increasing income and skill levels in the community. A large proportion of the higher-quality timber resource on traditional Wik land is situated on bauxite mining leases and the current practice is to clear, windrow and burn this timber prior to commencement of mining. A Wik native forest timber industry could make use of this wasted high-quality timber resource. The objectives of this thesis were to: determine the property rights of Wik people to the timber resource on their traditional land; assess whether forestry operations in Darwin stringybark forests in the study area are likely to be financially viable; and generate a suite of optimal timber utilisation strategies for Wik people, subject to cultural, ecological and economic constraints. This required economic research in the areas of indigenous property rights, private and social costs and benefits of forestry, timber markets, and evaluation and application of economic analysis techniques for appraisal of forestry development opportunities. A social cost-benefit analysis of the privately optimal timber utilisation policies has also been performed to support the decision-making of government policy-makers. This research project was a demanding and complex undertaking, not least because the research was being performed in a unique and diverse indigenous cultural environment where there is a need to respect cultural and research ethics protocols, where formal participatory research methods are inappropriate and where gatekeepers are particularly zealous about ‘protecting’ Wik people from ‘outsiders’. In addition, the property rights of Wik people to timber resources had never previously been analysed methodically, timber inventory and timber market information was lacking for CYP, and there are difficulties in transferring parameter estimates from the industrial hardwood timber industry of Australia to culturally appropriate indigenous operations on CYP. A critical research step was to develop a rapport with Wik people and gain an insight into their forestry objectives, through a number of visits to Aurukun Shire and informal discussions with elders on country. The property rights of Wik people to timber resources have been assessed by reviewing Federal and State Government legislation, court rulings, regional development policies and the Queensland Code of Practice for Native Forest Timber Production on State-owned lands. A timber inventory was conducted over 580,000 ha of Darwin stringybark forest, individual-tree volume and taper models were developed, and a geographical information system was used in estimation of harvestable timber volume and its spatial distribution. To facilitate information transfer to Wik people, expertise was gained in the use of forest visualisation software to pictorially display timber inventory data. A review of literature and discussions with experts identified technically feasible timber processing opportunities for CYP timbers. An informal telephone and in-person survey of 46 businesses, local councils and government agencies in north and south Queensland and the Northern Territory provided market information about CYP timbers. Concepts of a culturally appropriate working week and culturally appropriate rate of production were developed to assist the estimation of cost structures for a Wik timber industry, based on cost estimates for non-indigenous Australian hardwood forestry enterprises that had been obtained from discussion with forestry experts and ‘grey literature’. Generation and evaluation of a suite of privately optimal timber utilisation strategies for Wik people has been supported by the development of a mixed-integer goal programming (GP) model using the GAMS software package. The social analysis of the privately optimal strategies has been performed by adjusting private net present values (NPV) estimated by the GP model with shadow prices and transfer payments. In particular, a carbon model has been developed to estimate the value of carbon emitted by the Wik timber industry. The GP model analysis suggests that a Wik timber industry can generate a positive financial NPV if seed funding of at least $0.5 M is available. In general, privately optimal forestry strategies for Wik people generated by the GP model utilise relatively low-technology equipment, including portable sawmills and air-drying sheds, and produce undressed timber products such as structural timber. This contrasts strongly with Wik visions of an industry selling mostly unprocessed logs or woodchips and non-indigenous representatives of Wik people favouring the manufacture of high-value strip-flooring and furniture. The social analysis of privately optimal timber utilisation strategies reveals that social NPVs are much higher than financial NPVs, even when accounting for the costs of ecosystem services foregone by logging native forest. The establishment of a culturally appropriate Wik timber industry can be expected to generate net social benefits for Australia.

《原住民族基本法》於2005年通過，是台灣原住民族運動努力多年的成果，但是近年來原住民族仍持續面對各種壓迫。在土地權利方面，該法第21條規定政府或私人於原住民族土地進行開發利用時，需事先諮詢當地原住民族之同意或參與（簡稱「同意權」），然而在許多案件中，原住民族主張此條文表達反對時，經常未能得到行政部門正面回應。本研究以日月潭邵族反對向山旅館開發案為例，理解「同意權」如何變成「落空的權利」。 許多文獻討論，將原住民族權利與實踐的落差歸因於「個人權」（individual right）與「集體權」（collective right）兩種概念的差異及行政部門本位主義因素。本研究則想更進一步釐清，又有哪些其他因素也影響原住民族權利的落實？ 在這些因素的影響下，「同意權」的規範運作又產生了何種實際效用？ 本研究將從「法律多重製圖」之觀點回答上述問題，首先將探究「同意權」概念在國際法、國內法與行政實踐中的規範生產與運作，分析在不同的場域下，場域內的參與者如何對「同意權」進行法律製圖。本文主張，法律生產過程中對權利概念的意義內涵轉換、法律生產與運作場域的邏輯結構，皆影響原住民族權利的實踐。同時，本研究進一步以日月潭邵族的案例，說明原住民族土地權中「自由與事先知情同意原則」或「同意權」規範，理想上是以原住民族的「參與」並實現自決權為目標，但在邵族的案例中，實際運作卻是不斷「排除」原住民族的過程，法律成為排除原住民族權利的合理化機制，更避開各種議題對立面的討論。 權利的落空一方面指權利主張不被理解與正視，更進一步指原住民族社會愈遠離「集體」的過程，因而我們需對原住民族同意權或各種集體權的運作有更多的反省，並持續探詢屬於每個部落或族群中所謂「好生活」（good life）的意義。本文最後藉用「草根後現代主義」（grassroots post-modernism）之概念，介紹原住民族在追求「好生活」的道路上，如何藉著在地思考、找回與族群內部的連結，以此對抗全球化、新自由主義趨勢下對原住民族權利的影響與侷限。 / Though its enactment in 2005 can be regarded as an achievement of Indigenous movement in Taiwan, The Indigenous Peoples Basic Law does not work as it promises. The indigenous people are still struggling for the fulfillment of rights. With respect to land rights, Article 21 of the Law requires the participation and consent of local indigenous people before the development and utilization of the indigenous land. However, the article is often neglected by the government in many cases. This case study then focuses on Thao people （邵族）who live around Sun-Moon Lake （日月潭）and their opposition to a Hotel program located in Xiangshan（向山）, which is regarded as the traditional territory of Thao. By adopting the perspective of “Multi-Layered Mapping of Law”, I hope to analyze the enactment process and the effect of law concerning the principle of Free, Prior and Informed Consent as well as land rights of indigenous people, and try to describe how the “right to consent” becomes a “hollow right” in practice. The study depicts the right as “hollow” for two meanings. On the one hand, it shows the situation for indigenous people facing the gap between the law’s promise and law’s practice in the complex process of law making and law enforcement. On the other hand, it further describes the more distance from collectiveness within indigenous society. The study suggests that more dialogue and more reflection is needed when claiming rights. The last part of the study then introduces the idea of “grassroots post-modernism” which discuss the way to “Good Life" and the way of resistance against globalization and neoliberalism. Although the issues need further discussion in future studies, the idea can be a guidance for indigenous people as they pursue the fulfillment of land rights, autonomy and self-determination.

This thesis relies on an interdisciplinary framework to conduct an investigation of seminal national policies and planning processes in New Zealand and Quebec Province, Canada related to sovereignty, indigenous land rights, and customary land tenure systems. Theoretical frameworks for this research include a comparative analysis of European legislative systems and traditional planning frameworks in relation to indigenous governance systems and land tenure systems for the Maori (NZ) and James Bay Cree (QC). Through interviews and experiential knowledge I will document tools and techniques that these indigenous communities use to navigate complex cross-cultural policy and planning processes for their own advocacy of cultural heritage values. From the Maori perspective, cultural heritage values include the concept and principles of kaitikatanga. James Bay Cree cultural heritage values include the concept and guiding principles embedded in Eeyou Iyihtiwin. These cultural heritage values represent abstract concepts and guiding principles that are embedded in and gain meaning from local context, cultural knowledge and customary traditions. The Maori and James Bay Cree share a similar orientation to the meaning and importance of land. Together these indigenous communities view land as the foundation for collective and individual identity and cultural traditions. From this perspective and meaning of land, the Maori and James Bay Cree recognize that people are a part of a greater interconnected system that spans across physical and metaphysical spaces. In practice, native or customary land tenure systems are based on cultural heritage values that support a spirit of reciprocity with an underlying expectation that a balanced system will provide for all life. This analysis may provide a new cross-cultural framework for policy and planning processes to provide opportunities for fair negotiation of sustainable land tenure systems and natural resource management.