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Treaty-making from an indigenous perspective : a ned’u’ten-canadian treaty modelMcCue, Lorna June 11 1900 (has links)
This thesis argues that the Ned'u'ten, an indigenous people, have the right to decolonize
and self-determine their political and legal status at the international level. The Ned'u'ten are
currently negotiating a new relationship with Canada and are considering various treaty models
to achieve this goal. This thesis advocates principles for a peace treaty model that accomplishes
both Ned'u'ten decolonization and self-determination.
The first chapter of this thesis demonstrates that indigenous perspectives in legal culture
are diverse and not homogeneous. My Ned'u'ten perspective on treaty-making contributes to
these perspectives.
The second chapter challenges the legitimacy of the Canadian state, over Ned'u'ten
subjects and territories. This is accomplished through the rejection of dispossession doctrines that
Canada has used to justify colonial and oppressive practices against the Ned'u'ten.
Decolonization principles are prescribed in this chapter.
The third chapter takes a historical view of the right to self-determination and shows how
state practice, indigenous peoples' participation, and international scholars have attempted to
articulate the scope and content of this right in the contemporary context of indigenous self-determination.
A Ned'u'ten self-determination framework is proposed based on indigenous
formulations of the right to self-determination. Self-determination principles are also prescribed
in this chapter.
The final chapter compares two cases where indigenous peoples in Canada are attempting
to create a new relationship with the state: the James Bay Cree and "First Nations" in the British
Columbia Treaty Commission Process. This comparison will show that the degree of
participation that indigenous peoples have in implementing their rights to self-determination, will
determine the parameters of any new relationship that indigenous peoples create with the state.
Negotiating principles are prescribed for a Ned'u'ten-Canada relationship as well as a peace
treaty process to accomplish this goal.
It is my thesis that the Ned'u'ten and Canada can achieve a peaceful and balanced
relationship through the peace treaty model I propose. / Law, Peter A. Allard School of / Graduate
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Understanding indigenous rights : the case of indigenous peoples in VenezuelaFrías, José. January 2001 (has links)
No description available.
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Le droit des peuples autochtones à l'autonomie gouvernementale dans le contexte de l'accession du Québec à la souveraineté /Grenier, Guylaine. January 2001 (has links)
No description available.
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Indigenous Participation in Global Education and the Indigenous Navigator in BoliviaQuezada Morales, Romina January 2023 (has links)
The purpose of this study was to examine the Indigenous Navigator partnership through its Bésiro project in Bolivia to find out whether the partnership approach can enhance Indigenous participation in global education. In the short term, enhancing the participation of Indigenous peoples in global education may help them maintain their unique identity and culture. In the long term, it may enable Indigenous peoples to actively decide on policy that concerns them. The objective of the research was to help policymakers and those working in the field of international and comparative education to secure Indigenous peoples’ right to determine their own education development.
In the 19th and 20th centuries, after the creation of nation-states in Latin America, national education efforts sought to unify populations through assimilationist policies. Those policies used the dominant language as the language of instruction, and the content of curricula responded to the national vision of those in power. Indigenous peoples held on to their culture and language despite the external pressure to assimilate and the lack of recognition and support. In the second half of the 20th century, a global Indigenous movement took place that claimed Indigenous peoples’ collective rights within the nation-state, including the right to self-determine their education. This movement succeeded in garnering international attention, which led to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples.
This declaration served as a framework upon which states were expected to model their laws. While this helped put the plight of Indigenous peoples in the international spotlight, some countries have implemented the Declaration to a greater extent than others. As a result, many Indigenous peoples remain stripped of the power and legal authority to ultimately decide on the education (and other) issues that concern them. The power asymmetries that have been affecting them in international education politics persist. A global education system that does not count on the continuous participation of Indigenous peoples as collective actors fails to meet the goals of inclusion and equality that it intends to achieve. Against this background, the following questions remained unanswered: Who is entitled to participate in global education and in what capacity? How are Indigenous peoples currently participating in global education? Why and how should the United Nations Educational, Scientific and Cultural Organization, which is the international agency tasked with promoting peace through international cooperation in education, science, culture, communication, and information, enhance Indigenous participation in its education politics?
Driven by the questions above, I carried out a qualitative case study involving a multistakeholder partnership–the Indigenous Navigator. The Indigenous Navigator partnership includes Indigenous and non-Indigenous nongovernmental organizations, civil society organizations, and other international and national stakeholders. This partnership developed a framework and a set of tools to produce Indigenous data and track progress toward the fulfillment of Indigenous human rights. When applied to education, the Indigenous Navigator partnership translates the data collected into projects designed by Indigenous peoples for their own purposes. The Indigenous Navigator partnership offers an alternative approach for global education to enhance Indigenous participation in education policy.
The Indigenous Navigator partnership’s project that became the case study was called Revitalization and Vitalization of the Bésiro Language of the Monkox Nation. This project was designed by the Monkox, a people indigenous to Bolivia. The Monkox utilized the Indigenous Navigator’s framework and set of tools, and focused on revitalizing their Bésiro language. This Bésiro project was implemented between 2019 and 2020 in Lomerío, in Bolivia’s lowlands. The case of the Monkox within Bolivia stands out because even though the Monkox are small in number, they have a long history of defending their language and their education. Bolivia, in turn, has drawn regional and international attention because it adopted Indigenous human rights into its political constitution and has come forth with a unique education model based on intraculturality, interculturality and plurilingualism, and in which Indigenous peoples are seen not only as individuals with a right to education, but also as peoples with collective education rights.
To analyze the effectiveness of the Indigenous Navigator partnership and the Bésiro project, I spent 7 months observing the functioning of the Indigenous Navigator partnership prior to fieldwork, then spent another year interviewing 42 key stakeholders, out of whom at least 17 were Indigenous. I also analyzed relevant documents related to Indigenous education in Bolivia, global education, and enhanced participation.
The results of the study offer a glimpse into present-day Indigenous education in Bolivia; an analysis of the Indigenous Navigator partnership and the Bésiro project; and a comparison between local, national, and international power dynamics that interacted throughout the project and can further impact education politics in Bolivia and beyond. The results show that the Indigenous Navigator partnership operated through what I call multisphere Indigenous ownership (i.e., the capacity of each partner to contribute from their own area of expertise while reducing the stratification of power) to ensure the Monkox’s self-determination in the Bésiro project. The analysis also shows that interculturality is difficult to reach if intraculturality, or the reaffirmation of a people’s identity, culture, and politics, has not been strengthened. To reaffirm intraculturality, the active participation of Indigenous peoples in their own education policy processes is vital. Only then will Indigenous peoples be able to achieve sustainable education along with national efforts.
Lastly, the case study revealed that the Indigenous Navigator partnership worked through tacit interculturality between the European Union and Latin America, that is, the implicit reciprocity of two Indigenous systems in both parts of the world. As an outcome of this analysis of the Indigenous Navigator partnership and the Bésiro project, it is suggested that the global education community, guided by the United Nations Educational, Scientific and Cultural Organization, implement multistakeholder Indigenous ownership to allow Indigenous peoples, as collective stakeholders, to participate in education policy processes that concern them. This study closes with a policy and research agenda that contributes to achieving sustainable, quality education for Indigenous peoples.
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The potential of the indigenous people's right to self-determination as a framework for accommodating the Niger Delta Communities' demand for self-determination within the sovereignty of NigeriaTamuno, Paul Samuel January 2015 (has links)
This thesis examines the potential of the indigenous right to internal self-determination as a framework accommodating the demands of the Niger Delta Peoples for Self-determination within the sovereignty of Nigeria. The unsustainable exploitation of crude oil in the Niger Delta resulted in the ecological devastation of the region and adversely affected the Niger Delta People's subsistent traditional mode of using their lands. The response of the Niger Delta People was originally to seek redress by instituting legal actions in Nigerian courts. The failure of the majority of these actions, and the combined factors of the exclusion of the Niger Delta People from the process and proceeds of the oil industry and their marginalization in the political and administrative structure of Nigeria resulted in the demand by the Niger Delta People that Nigeria recognize their right to self-determination. They justified this demand for self-determination with the arguments that: Their dispossession from their lands by the government in Nigeria was akin to the exploitation of indigenous peoples in the Americas by colonial settlers. The unsustainable exploitation of resources in their territory placed them in the same position as colonized peoples experienced under foreign domination in the era of colonization. In a bid to protect her sovereignty, Nigeria does not recognize the rights of self-determination or 'peoplehood' or even minority status of any ethnic groups within Nigeria. This thesis argues that the indigenous right to internal self-determination is a framework that has the potential to bring lasting solution to the conflict between the Niger Delta people and the government of Nigeria for the following reasons: Indigenous internal self-determination prescribes a category of self-determination that is consistent with the sovereignty of states because it recommends inter alia autonomy with the territories of states. Indigenous internal self-determination provides a regime for sustainable development of resources as it recommends inter alia that states recognize the right of indigenous peoples to participation, consultation and free prior informed consent in the exploitation of resources in indigenous peoples' territory.
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MEDIATING INDIGENOUS IDENTITY: VIDEO, ADVOCACY, AND KNOWLEDGE IN OAXACA, MEXICOSmith, Laurel Catherine 01 January 2005 (has links)
In the southern Mexican state of Oaxaca, many indigenous communities further their struggles for greater political and cultural autonomy by working with transnational non-governmental organizations (NGOs). Communication technology (what I call comtech) is increasingly vital to these intersecting socio-spatial relations of activism and advocacy. In this dissertation, I examine how comtech offer indigenous individuals and organizations with the means for visualizing their political-cultural agendas. Approaching the access and use of comtech, especially video technologies, as a partial and situated technoscience, I inquire into how and why these activities reconfigure the production and evaluation of authoritative knowledge about indigenous peoples, places, and practices. More specifically, I undertook an organizational ethnography of a small intermediary NGO comprised of individuals who self-identify as indigenous and others who do not, Ojo de Agua Comunicacin Indgena, which endeavors to place communication technologies (especially video equipment) at the disposal of indigenous communities. Through participation-observation and interviews, I explored this groups everyday strategies of networking in the name of assisting indigenous actors access and appropriation of visual technologies. I also pursued interpretive analyses of video-mediated articulations of indigenous knowledge and identity that were enabled by Ojo de Agua. My research indicates that Ojo de Agua has selectively built upon the ambitions and the socio-spatial connections of a government program that emerged from the initiatives of academic advocates, who sought to open new spaces of participation for indigenous peoples. Members of Ojo de Agua have, however, found their goal of service somewhat stymied by a situation that positions them within a flexible labor force of knowledge workers. Their livelihoods as media makers did not allow them (the time or money) to pursue as much altruism and advocacy as they would have liked. Nonetheless, Ojo de Aguas corpus of videos established the group as an alternative and yet authoritative source of visual knowledge of indigenous peoples, places, and practices. This relocation of advocacy is symptomatic of the creative destruction fueled by the neo-liberal economic policies that, for the last thirty years, have been reconfiguring spaces of cooperation and conflict in Latin America.
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Land tenure, social power, and the legacy of slavery in southern Somalia.Besteman, Catherine Lowe. January 1991 (has links)
This dissertation reconstructs the settlement of the Middle Jubba Valley of Somalia by ex-slaves, their descendents, and other Somalis from 1850 to the present. It is an historical study of the construction of a social identity of the Jubba Valley agriculturalist population, and of the evolution of land tenure and land use patterns in the mid-valley. In examining the effects on valley farmers of new land tenure laws requiring registration of land, it shows how power dynamics are integral to the working of land tenure systems.
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Direitos humanos, povos indígenas e interculturalidade / Human rights, indigenous peoples, and interculturalityPeruzzo, Pedro Pulzatto 21 November 2011 (has links)
Considerando a atual situação dos povos indígenas no Brasil e a necessidade de se inserir no Direito a proposta de diálogo intercultural, na presente pesquisa tem-se como objetivo situar o Direito como fruto de discursos históricos e políticos decorrentes de influências de algumas correntes antropológicas e filosóficas que tomaram o outro como sujeito de pesquisa e, a partir dessa análise, identificar as necessidades e vias possíveis para a implementação do diálogo intercultural enquanto processo discursivo simétrico de construção de consensos. / Considering the current situation of the indigenous peoples in Brazil and the need to introduce in the Science of Law the proposal of intercultural dialogue, this research aims to identify the Science of Law as a result of certain historical and political discourses arising from the anthropological and philosophical studies that took the other as a research subject and, from this analysis, to identify possible ways and needs for the implementation of the intercultural dialogue as a discursive symmetric process to building consensus.
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Indian Slaves from Caribana: Trade and Labor in the Seventeenth-Century CaribbeanArena, Carolyn Marie January 2017 (has links)
Indigenous resistance made Caribbean colonization a slow and violent process in the period of 1580-1690. The Caribbean Indians who rejected colonization became targets for enslavement. Slavers captured indigenous people in raids or through trade within indigenous-dominated territories. I conceptualize this space as "Caribana." Geographically, it stretched from Guiana northward throughout islands of the Lesser Antilles. I focus on the Indigenous captives from Caribana who were enslaved in English and Dutch colonies, namely Barbados, Curaçao, and Suriname. I show how colonists justified enslaving indigenous people in the same manner as they justified the trans-Atlantic African slave trade, despite widespread taboos against the former practice and not the latter. These taboos did not prevent Indian slavery, but they influenced the creation of seventeenth-century histories, government reports, and other material for public and European consumption. Indian slavery has thus been written about, then and now, as a limited phenomenon wherein Indians had limited and specific labor roles (i.e. as fishermen or domestic servants). However, sources such as deeds and tax-rolls show that more Indian slaves than assumed contributed a broad range of skills to plantations economies. English Barbados was exceptionally successful because it was geographically separated from the conflicts that created captives in Caribana, but nevertheless extracted Indian slaves from the region. Meanwhile, colonies abutting Caribana, such as Suriname, faced trade sanctions from neighboring Indians and rebellions if they abused the Indian slave trade. From the 1670s-1690s, Colonial governments limited the means of accessing Indian slaves, but once enslaved, they faced the same restrictive "black codes" that allowed the brutal treatment of them as inheritable chattel.
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O fenômeno da liderança Tupi Kagwahiva : trajetórias sociais, resistências e movimento indígena no sul do Amazonas /Araújo, Jordeanes do Nacimento. January 2019 (has links)
Orientador: Edmundo Antonio Peggion / Banca: Paride Bolletin / Banca: Felipe Ferreira Vander Velden / Banca: Renata Medeiros Paoiello / Banca: Edgar Teodoro da Cunha / Resumo: Busquei construir nesta tese uma reflexão sobre as formas de resistência indígena presentes no final do século XX e o fenômeno da liderança Tupi-Kagwahiva que se reatualiza, se reconfigura politicamente na primeira década do século XXI e que serve de modelo e experiências sociais para outros povos da região do Sul do Amazonas. Para além disso, dediquei-me ao entendimento das formas segundo as quais os povos indígenas, sobretudo os Tenharin, Parintintin, Jiahui e Mura se relacionaram com a empresa extrativista, com respeito a seus territórios. Inicialmente marcadas por enfretamento físico, a partir de correrias e guerras, as próprias estratégias étnicas foram se modificando ao longo dos anos. Nesse processo de territorialização em que se deu o esbulho do território indígena, novos processos de intrusão foram surgindo, como a presença do Serviço de Proteção Indígena - SPI, em 1920. A relação direta com o não indígena permitiu traçar novas estratégias de resistência indígena na contemporaneidade. Nesse aspecto, foi preciso compreender a relação da castanha com os Kagwahiva, com os comerciantes, desde o processo de transformação em mercadoria no tempo do patrão até o momento contemporâneo, pois a transformação não ocorre somente com o agenciamento da castanha. Todos se transformam nesta relação política e simbólica da circularidade de Nhanhã. Nesta perspectiva, procurei, aqui, contextualizar como as lideranças Kagwahiva concebem e vivenciam a presença da estrada - a Transamazônic... (Resumo completo, clicar acesso eletrônico abaixo) / Résumé: J'ai cherché à développer sur cette thèse une réflexion sur les formes de résistance indigènes présentes à la fin du XXe siècle et le phénomène de la direction Tupi- Kagwahiva qui est rétabli, reconfigure politiquement dans la première décennie du XXIe siècle et sert de modèle et d'expériences sociales à d'autres peuples. du sud de l'Amazonie. En outre, je me suis attaché à comprendre les liens entre les peuples autochtones, notamment les Tenharin, les Parintintin, les Jiahui et les Mura, dans le secteur de l'extraction de leurs territoires. Initialement marquées par des affrontements physiques lors de raids et de guerres, les stratégies ethniques elles-mêmes ont évolué au fil des ans. Dans ce processus de territorialisation au cours duquel le territoire autochtone a été créé, de nouveaux processus d'intrusion ont commencé à émerger, tels que la présence du Service de protection des peuples autochtones (SPI) en 1920. La relation directe avec les non-autochtones a permis d'élaborer de nouvelles stratégies de résistance autochtone. contemporanéité. À cet égard, il était nécessaire de comprendre la relation entre le châtaignier et le Kagwahiva, avec les commerçants, depuis le processus de transformation en marchandise du temps du patron jusqu'à l'époque contemporaine, car la transformation ne se produit pas seulement avec l'agence du châtaignier, mais tout se transforme relation politique et symbolique de la circularité de Nhanha. Dans cette perspective, j'ai essayé ici de conte... (Résumé complet accès életronique ci-dessous) / Doutor
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