The dissertation critiques certain developments on the legal definition of genocide while also showing how Canada has failed to comply with customary international laws. It develops the argument that the forcible transferring of Indigenous Peoples’ children into the dominating society meets the criteria set out in the Genocide Convention. The issue will be examined from a “cognitive” lens of domination and dehumanization that unpacks the destructive framework of colonialism in international law. This is necessary because the euphemistic colonial language employed to benignly characterize the destruction experienced by Indigenous Peoples’ children conceals the reality of the genocidal harm against the Original Nations in the Western Hemisphere and globally. The forcible transferring of children from one group to another group causes the collective serious bodily and mental harm onto scores of Indigenous Peoples’ children and ultimately Indigenous Nations as human groups. This violates articles 2 (b) and (e) of the Convention. The Canadian Criminal Code and the limited definition of genocide are integral to the colonial oppressive relationship in international law. This thesis has two objectives, first, to name and describe the experience of genocide experienced by Indigenous Peoples. Second, the thesis analyzes whether the Canadian state has violated the Genocide Convention.

Aboriginal rights, and aboriginal fishing rights in particular, are topics which elicit a variety of responses ranging from the positive to hostile. In British Columbia, fish is big business and it is the fourth largest industry in the province. The stakes are high and the positions of the various user groups and stakeholders are clearly demarcated. The fight over fish has pitted aboriginal groups against other aboriginal groups as well as against the federal government and its department of fisheries and oceans - however, the fight becomes vicious, underhanded, and mean spirited when the aboriginal groups are matched against the commercial industry. In an attempt to even the odds the aboriginal peoples have turned to the courts for recognition and protection of what they view as inherent rights - that is a right to fish arising out of the very nature of being an aboriginal person. Up until the Supreme Court of Canada decision in R. v. Sparrow aboriginal rights had been virtually ignored by both the courts and the state. However Sparrow changed all that and significantly altered the fight over fish. And that fight has become a virtual no-holds barred battle. The Sparrow decision remains to this day one of the most important Supreme Court decisions pertaining to aboriginal rights. This thesis is a case study of Sparrow - it will examine the decision from a perspective of whether subordinate or disadvantaged groups are able to use the law to advance their causes of social progress and equality. The thesis examines the status and nature of aboriginal fishing rights before and after the Sparrow decision. The thesis will examine whether the principles of the decision have been upheld or followed by the courts and the government of Canada. Data will consist of interviews with representatives of the key players in the fishing industry, namely, the Musqueam Indian Band, the Department of Fisheries and Oceans, and the commercial industry. In brief, the findings of my research do not bode well for the aboriginal peoples - the principles of the Sparrow decision have not been followed by the government of Canada and aboriginal fishing rights remain subject to arbitrary control. The thesis will examine why and how this happened.

This thesis explores changing perceptions, theory, structure and policy within art exhibit and collection catalogues of First Peoples' objects from the Pacific Northwest Coast. This work looks at emerging viewpoints on material culture and its display over forty years as they present themselves in catalogue entries, textual content and labeling of Native groups and individuals. Early concepts based on salvage anthropology such as Native cultural demise and the degeneration of remaining people weakened as scholarship changed from a predominantly anthropological understanding of the objects to an aesthetic understanding based in art history. Political actions by Native groups have demanded policy changes within Canadian museum structure that includes the Native voice in curatorial decisions and textual discussions on both old and new objects. These very policy changes bring with them increased responsibility for the museum as well as new challenges of representation of the objects and their makers. The theme explored in this thesis is the changing role and responsibility of academia in the representation of the Other.

My thesis is that Indigenous peoples, as distinct people, are entitled to the full affirmation and explicit recognition of the right to self-determination in the context of the draft U N Declaration on the Rights of Indigenous Peoples and in international law generally. The international community, and in particular, the nation-state members of the United Nations must uphold their legally binding international obligations in this regard. My methodology has been to utilize the human rights framework and approach, as well as rights discourse to advance this thesis. In addition, I am relying upon my direct participation in this important standard setting process, as well as the writings of various publicists. The right of peoples to self-determination is considered by numerous international authorities to be jus cogens or a peremptory norm. Similarly, the prohibition of racial discrimination is considered by numerous authorities to be a peremptory norm. Throughout the draft Declaration debate, a number of states have proposed wording that would dramatically alter the scope and content of the right to selfdetermination, thereby limiting, qualifying or modifying this right in the context of indigenous peoples. Any state proposals to qualify, limit or modify the right of indigenous peoples to self-determination would be racially discriminatory. If Article 3 of the draft Declaration were to be altered - even to include the same or similar notions as might currently exist under international law - it would invite interpretations to be applied to indigenous peoples' right to self-determination that are different from those of other peoples. It might also have the effect of wrongfully freezing the interpretation of this indigenous human right, in such a manner as to prevent or otherwise stifle its natural evolution under international law. If there is no equality of application of the rule of law in the context of international law and states succeed in introducing discriminatory double standards in connection to indigenous peoples and their fundamental right to self-determination, then the failure of the human rights framework, the United Nations system and nation-states themselves will seriously erode the very concepts of democracy, human rights and the rule of law.

No description available.

The functioning of African societies in the colonial environment has become a popular subject of research by historians. However, these are areas of neglect insofar as the investigation of the economic role of Africans in colonial states is concerned. In spite of the fact that the European population and the revenue of Natal have never been very large, there have been numerous studies examining the role of the white inhabitants in the economic development of the colony. Stimulus for this thesis has therefore been provided by the vacuum in the historical literature concerning the financial history of colonial Natal, and in particular, how the Hut Tax - one of the more significant manifestations of colonialism - served as a tool in coercing the northern Nguni inhabitants to finance the administration of foreign rule. / Thesis (M.A.)-University of Natal, Durban, 1985.

This dissertation explores how a public-private-community partnership impacts on the operation of a community-owned Lodge. The case study focuses on the Batlokoa community at the Witsieshoek Mountain Lodge establishment, who collaborate with the tourism operating company, Transfrontier Parks Destinations (TFPD), and the National Department of Tourism (NDT). Collaborative partnerships are necessary in developing countries as the community sector often lacks the economic resources necessary for the operation of a successful tourism operation (DEAT 2011). This study is pertinent to the post-apartheid South African context which fosters community initiatives in tourism contexts (DEAT 1996) as it illustrates the possible challenges that are encountered when tourism operating companies, communities and government departments collaborate. The research is informed by Critical Indigenous Qualitative Research (Denzin, Lincoln and Tuhiwai-Smith 2008: 2), an interpretative approach that places emphasis on the indigenous community’s perceptions and interpretations. It aimed to ascertain how the Mountain Lodge establishment featured in the Batlokoa community’s sense of history, group identity and representation. It is necessary to focus on the ‘grassroots’ community perceptions as this study is situated within the field of cultural studies which places precedence of the marginalized aspects of society, in this case, the indigenous Batlokoa community. Moreover, there is a scarcity of texts that focus on the plight of indigenous communities (Hall 1997, Denzin et al. 2008). The findings of this study suggest that the Witsieshoek Mountain Lodge enterprise is viewed by the Batlokoa community as being primarily a place of employment and secondarily a place of heritage. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Durban, 2013.

As an indigenous leader and member of parliament questions: "What good would having a hundred indigenous members of parliament be, if the system itself is not going to be changed, precisely if we do not propose a structural change? We have to break down the structural system if we really want democracy, if we want to move forward" (Jose Bailaba, Bolivia, August 2003). The thesis looks at the strategies for governance of the indigenous peoples of the Lowlands of Bolivia. It is a journey with key informants from the indigenous movement of the Amazon basin that raises the mariner in which strategies may vary among the peoples over time and in different contexts, while the vision itself remains constant: a vision of governance as nations. It situates their strategies in a context of transnational alliances and negotiations, with varying perceptions of the role of the state and its institutions. The research is based on six years of accompaniment of the indigenous peoples of the Lowlands of Bolivia, as well as on in-depth interviews with leaders who have held roles as community leaders, national leaders, municipal Councillors and Members of Parliament.

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

The development of educational policies in colonial Ceylon has hitherto been examined from the perspective of either the government or missionary agencies. The role of the indigenous elite in this process has not received the attention it deserves, but merely treated as a peripheral theme. This thesis attempts to redress the imbalance by focusing on the interaction between elite initiatives and the growth of cultural nationalism as key factors in the formulation of educational policy. The many dimensions of the elite's concern with educational policy are explored. The nature of their involvement and their contribution over time are the central themes of the present study. Newspapers, contemporary journals, various school magazines, the writings of the elite themselves and transcripts of debates in the Legislative and State Councils provide an insight into the public and private opinion of the English educated Ceylonese. Chapter one sketches the social background of colonial Ceylon. It describes the plural composition of the population and highlights the importance of language and religion as components of plurality. It also identifies the economic and educational opportunities through which elite status could be acquired. The form and content of education are similarly discussed. Chapter two describes the formulation of government policy and the early contributions of the indigenous leaders. Particular attention is paid to two issues - language and the administration of schools - which emerged as problems crucial to Ceylon's educational structure under colonial rule. Chapter three traces the organizational and individual responses of the upper strata in local society to education as shaped by growing cultural nationalism. The issues of language and religion now assumed a greater degree of political significance. New techniques of opposition, including the establishment of schools and cultural associations on Buddhist, Hindu and Muslim denominational lines, are analyzed in this chapter. In chapter four the repercussions of universal franchise in the educational field are assessed. The increasing political and social aspirations of the masses became the catalyst for action on the part of the leaders, as did the ethnic and caste antagonisms that had surfaced as potentially powerful factors. In chapter five, further political developments that induced the leadership to take a bold step forward - the construction of a free and egalitarian system of education - are examined. How elite competition emerged as a determinant of policy implementation is also discussed. This thesis concludes that while knowledge of English remained the sine qua non for the acquisition and preservation of status, the response of the privileged social group to educational problems in the face of increasing political challenges was to ensure that the availability to the masses of an education, albeit a vernacular education remained secure.