Magister Legum - LLM / This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws. / South Africa

El Estado se hace presente en la vida cotidiana de sus ciudadanos a través de las interacciones en que estos se envuelven con aquellos servidores públicos que pertenecen a lo que Michael Lipsky denomina Street-level bureaucracies, tales como policías o maestros de escuela. Este artículo se aproxima a dichos encuentros en el contexto de una comunidad perteneciente al pueblo shipibo-conibo. El Estado que se presenta en la vida cotidiana de los comuneros mediante las acciones (y omisiones) de los docentes destacados en las instituciones educativas de la comunidad es un Estado discriminador y colonizador en sus acciones (y omisiones), que no satisface las expectativas de sus ciudadanos ni colabora a la realización de sus proyectos de vida. Frente a esta situación, los comuneros reclaman un servicio de calidad y respetuoso de sus particularidades étnicas. / The State makes itself present in its citizen’s everyday life by means of the interactions in which the latter engage with those public servers labeled as Street-level bureaucrats by Michael Lipsky, such as policemen or schoolteachers. This article deals with this kind of encounters in the context of a Shipibo-Conibo community. The State that partakes in the commoners’ everyday experience, through the actions (and omissions) of the school teachers stationed in the schools located in their community, shows discriminating and colonizing nature through its actions (and omissions). Furthermore, it does not satisfy its citizens’ expectations or help them accomplish their life-projects. Given this situation, commoners demand a better educational service and respect for their ethnic particularities.

O estudo teve como objetivo verificar a necessidade de maior atuação do Estado nas parcerias comerciais entre povos indígenas amazônicos e empresas para a comercialização de produtos florestais não madeireiros, como forma de garantir os direitos e interesses indígenas. No contexto de descentralização do Estado, fortalecimento de novos atores e articulação entre o setor público e privado, as parcerias têm sido estabelecidas na Amazônia com o objetivo de, ao mesmo tempo, promover o uso sustentável dos recursos e propiciar melhores condições de vida às comunidades florestais. Com a diminuição do Estado bem como argumentos que exaltam as vantagens dos mecanismos de mercado e auto-regulação, as parcerias comerciais em muitos países têm substituído o Estado em suas funções, acompanhadas de problemas. O estudo teve como objetivo investigar se é necessária maior atuação do Estado nas parcerias para evitar assimetria de poderes, garantindo os direitos e interesses indígenas. Para a pesquisa, foram coletados dados qualitativos em dois níveis: (i) dados secundários (dados publicados, relatórios e documentos) ou primários (entrevistas semi-estruturadas a atores-chave) relativos ao contexto geral das parcerias como um todo e (ii) análise do contexto específico de duas parcerias comerciais (análise documental e entrevistas semi-estruturadas): Baniwa - Tok & Stok (AM) e Yawanawá - Aveda (AC). Os resultados apontaram para a imprescindibilidade de nova atuação do Estado e da sociedade na definição de políticas e parâmetros legais claros para as questões das sociedades indígenas. Além de normas simplificadas e adaptadas aos moldes das sociedades indígenas, é fundamental propiciar maior participação destas na criação de políticas e projetos próprios. O estudo conclui que não se pode prescindir de um papel interventor responsável do Estado. A substituição total do Estado pelo setor privado em funções essenciais, por meio das parcerias, pode gerar problemas, conflitos internos, manutenção da situação de dependência, além de estímulo à diferenciação social. / The purpose of this study was to evaluate the necessity of a larger role of the State in the partnerships between Amazonian indigenous peoples and companies for the commercialization of non timber forest products, as a mean to guarantee indigenous rights. Within the context of decentralization of the State, empowerment of new actors and articulation between public and private sectors, partnerships have been established in Amazonia with the purpose of, at the same time, promoting the sustainable use of natural resources and providing better livelihoods to forest communities. As a result of a reduction in State\'s roles, as well as arguments exalting the advantages of market mechanisms and self-regulation, partnerships have been increasingly substituting the State in its functions in many countries, frequently accompanied by problems. This study had the purpose of investigating if a larger role of the State is necessary in the partnership context, in order to avoid power asymmetries and protecting indigenous rights. Qualitative data were gathered in two levels: (i) secondary data (publications, reports and documents) or primary data (semi-structured interviews to key-actors) related to the general context of the partnerships as a whole and (ii) analysis of the specific context of two partnerships (documental analysis and semi-structured interviews): Baniwa - Tok & Stok (AM) and Yawanawá - Aveda (AC). Results indicate the importance of an innovative role being played by the State and civil society organizations in the definition of policies and clear legal frameworks for indigenous peoples\' issues. Besides simplified rules, adjusted to indigenous societies\' concepts, it is essential to involve larger indigenous participation in the formulation of new policies and their own projects. The study concludes it is not possible to discard a responsible and interventionist role of the State. The total replacement of the State by the private sector in fundamental functions through partnerships may generate problems, internal conflicts, dependency maintenance and increase in social differentiation.

Submitted by Ricardo Cedraz Duque Moliterno (ricardo.moliterno@uefs.br) on 2015-10-21T22:56:26Z No. of bitstreams: 1 Trabalho Final impress _2_.pdf: 7316868 bytes, checksum: db4ef93bc8afdb67ffa539ad08c28988 (MD5) / Made available in DSpace on 2015-10-21T22:56:26Z (GMT). No. of bitstreams: 1 Trabalho Final impress _2_.pdf: 7316868 bytes, checksum: db4ef93bc8afdb67ffa539ad08c28988 (MD5) Previous issue date: 2015-06-17 / Coordena??o de Aperfei?oamento de Pessoal de N?vel Superior - CAPES / This research aimed to identify and analyze the space that occupies indigenous issues in teaching history in the face of changes and / or stays caused by Law 11,645 / 2008 institution. Such writing was produced in order to raise and broaden the discussion of the silenced and marginalized history of indigenous peoples of Brazil. The research presents a qualitative approach to documentary character, which we use as the main document analysis texts and images contained in the textbook collections History Society & Citizenship and History of the Third Millennium Caves approved by PNLD 2008 and 2011 and intended for Primary Education II (6 th to 9 th year). Given that textbooks are important tools in the consolidation and spread of representations. The analysis of the sources allowed us to discuss about the privileged approaches and despised in the history of Brazil present in textbooks, as well as see that the representation of indigenous peoples in textbooks of history yet has undergone positive changes, but it is necessary that the results advances in academic research and historiography can reach the readership of textbooks. / A presente pesquisa objetivou identificar e analisar o espa?o que a tem?tica ind?gena ocupa na historiografia did?tica em face das transforma??es e/ou perman?ncias provocadas pela institui??o da Lei 11.645/2008. Tal escrita foi produzida com o intuito de suscitar e ampliar a discuss?o sobre a hist?ria silenciada e marginalizada dos povos ind?genas do Brasil. A pesquisa apresenta uma abordagem qualitativa de car?ter documental, na qual utilizamos como principais documentos de an?lise os textos e imagens contidas nas cole??es did?ticas Hist?ria Sociedade & Cidadania e Hist?ria das Cavernas ao Terceiro Mil?nio aprovadas pelo PNLD de 2008 e 2011 e destinadas ao Ensino Fundamental II (6?ao 9?ano). Haja vista que os livros did?ticos s?o instrumentos importantes na consolida??o e propaga??o de representa??es. A an?lise das fontes nos permitiu problematizar sobre as abordagens privilegiadas e desprezadas na hist?ria do Brasil presente nos livros did?ticos, assim como constatar que a representa??o dos povos nativos nos manuais did?ticos de Hist?ria ainda tem sofrido positivas mudan?as, mas faz-se necess?rio que os resultados dos avan?os nas pesquisas acad?micas e historiografia possam alcan?ar o p?blico leitor dos livros did?ticos.

The intention with this essay is to illustrate the conflicts that might occur when states implement renewable energy strategies on lands that have traditionally belonged to indigenous peoples. To do so I have analysed case studies from Sweden as well as Latin America regarding renewable energy projects in areas that could be claimed to belong to indigenous groups and compared the conclusions from these studies to what the existing legal framework on the topic of the rights of indigenous peoples dictates. The results show that the main international legislation on the topic is very clear in expressing that states should grant indigenous peoples access to lands and territories that have traditionally been occupied by them, as well as granting them participation in the exploitation of natural resources. The analysis of the case studies shows that there exists a tendency among states to bypass what is stipulated in the international regulations when executing renewable energy projects, as well as using the term “sustainable development” as a cover-up when violating the rights of indigenous peoples. Although the international legislation on the topic is very precise, the majority of the world’s countries have not ratified the main legally binding convention. I conclude that one reason for this could be that states would find it hard to reach environmental objectives while at the same time complying with the legislation on the rights of indigenous peoples, i.e. states face difficulties in fulfilling sustainable environmental and economic objectives with sustainable social objectives.

The Miccosukee Tribe of South Florida is a federally recognized Indian tribe who reside on a reservation that lies within the Florida Everglades. As such, like many Indian tribes, their modern political history is entangled with the history of the creation of nearby national parks that were previously their traditional hunting territories. Since the beginning of the era of Everglades restoration and the rise in public policy designed to save the “River of Grass” from pollution, encroaching development, and eventual extinction, the Miccosukee have been on the front lines of trying to preserve the area they call home. While the Everglades means many different things to many different people, the Everglades to the Miccosukee Indians are the site and stakes of indigenous sovereignty. I argue that the issue of Everglades preservation is not just a matter of environmental conservation, but also a matter of fundamental human rights. Theoretically, I situate the debate surrounding the Florida Everglades within several theoretical paradigms, including the rights of indigenous peoples, the anthropology of development, and political ecology. I use anthropological research methods such as in-depth interviews with tribal officials and local environmental agencies to gain a complete picture of the current political landscape of the Everglades. / Includes bibliography. / Thesis (M.A.)--Florida Atlantic University, 2020. / FAU Electronic Theses and Dissertations Collection

As a policy field, nature conservation has a problematic history. Setting aside nature forprotection has often entailed the marginalization of Indigenous peoples, their claims, and their traditional lands. Some argue that a shift is occurring in Swedish nature protection policies, from top-down governing modes to collaborative forms. The thesis critically examines the national park process in Vålådalen-Sylarna-Helags, a project unique for nature conservation in Saepmie. No national park was established despite the process’ collaborative form and the inclusion of local actors, among those three reindeer herding communities. The thesis studies discursive constructions of the local Saemie actors’ inclusion and how that affects their possible influence. Moreover, it analyzes central constructions and considers their effects on the projectand change over time. The results show that inclusion is articulated differently by state actorsand reindeer herding communities, limiting and making possible varying forms of influence. The landscape and natural state are central constructions affecting the process, and the project’s aim transforms with significant consequences for the process and possibly its result.

Correct race and sex determination of unknown skeletal material is an important aspect of forensic anthropology. Numerous studies have focused on the differences, both osteometric and morphological, between the sexes of a particular racial phenotype, between race groups, and populations. From previous work by a variety of researchers, the necessity of population specific standards for identification has been demonstrated. The purpose of this research was to examine the metric and morphological differences in the pelvis between the sexes and races of South African whites and blacks. Results will be used in developing standards of identification tailored to this population. A sample of 400 known sex/race os coxae were examined. Skeletal material was obtained from the Pretoria collection housed at the University of Pretoria, Department of Anatomy and the Dart collection located at the University of Witwatersrand, Department of Anatomical Sciences. A series of thirteen measurements and five morphological characteristics were examined. Indices were calculated from data obtained from the metric analysis. Left and right sides were examined and those bones visibly pathologically deformed were excluded from the study. Data were subjected to SPSS stepwise and direct discriminant analysis. Results showed ischial length as the most sexually dimorphic characteristic in whites, while acetabulum diameter was best in blacks. Four functions (using pelvic dimensions) were developed for determining sex. Highest accuracies were achieved from function 1 (including all dimensions) which correctly classified 92-96% of individuals. Race differences were also investigated. Pubic length was chosen as best for discriminating between races for males and iliac breadth as best in females. Accuracies were 86-89% for males and 82-88% for females. Accuracies for sex discrimination were consistent with earlier studies. Morphological results yielded >80% accuracy for all traits in white males except greater sciatic notch shape where only 33% were correctly classified. A population specific variation in sciatic notch shape was observed where >50% of the white males had a wide sciatic notch previously thought to be a female expression. Black males recorded 81 % correct classification for pubic shape and >90% for the remaining characteristics. Greater sciatic notch and pubic bone shape achieved highest accuracies with 96% for both traits in white females, and 84% and 88% in black females respectively. In conclusion, this study conclusively demonstrates that race and population differences affect the expression of sexual dimorphism and must be accounted for to develop the most effective methods of analysis. / Dissertation (MSc)--University of Pretoria, 2001. / Anatomy / unrestricted

This thesis analyzes and problematizes the challenges and dilemmas associated with the implementation in practice of the indigenous conceptualization Sumak Kawsay/Buen-Vivir that originally is a conceptualization of a lifestyle in indigenous communities in Ecuador. The concepts were included in the new Constitution of Ecuador in 2008 that was ratified during progressive constitutional reforms under the former president Rafael Correa and with the support of the indigenous movement. Methodologically, by focusing on the implementation in practice, this ethnographic field study also examines Sumak Kawsay/Buen-Vivir as a conception of a lifestyle on local community level among indigenous peoples in two different regions of the country. More specifically, in the provinces of Imbabura in the northern Andean highlands and the Amazonian Pastaza. By applying a comparative approach, the research objective of this thesis is to study how these conceptions are perceived, interpreted and practiced on local community level and how similarities and differences are shaped by connotations of territoriality. The central findings of the study illustrate how many challenges and dilemmas linked to the implementation in practice of the values and visions of Sumak Kawsay/Buen-Vivir are grounded in the country’s continuous reliance on extracting natural resources as an important revenue to finance social welfare. Another central finding is that different socio-political, cultural and spatial factors contribute in shaping local perceptions, interpretations and how Sumak Kawsay/Buen-Vivir is practiced on local community level among indigenous peoples.

Inclusion of Indigenous communities and Traditional Ecological Knowledges (TEK) alongside reconciliation efforts feature in numerous plans and policies for nature and biodiversity conservation. But to what extent do these agreements present an honest attempt to equally share power and responsibility between Indigenous peoples and governance agencies in protected area management? In this thesis, I trace how including Indigenous communities and their TEK entered Canada’s policy discourse on nature conservation. I focus on the designation of Indigenous Protected and Conserved Areas (IPCAs), which presents Canada’s latest approach towards including Indigenous peoples in protected area management. Through a study of policy documents, I compare changes in Canadian governance agencies’ proposal of and motivations behind Indigenous peoples’ inclusion with insights from Indigenous communities’ documents related to Edéhzíe Protected Area and Thaidene Nëné Indigenous Protected Area. These documents offer insights into Indigenous stewardship practices, emphasize Indigenous self-governance as well as the role of TEK, Western science, and Indigenous languages in IPCA management. Although I conclude that Edéhzíe Protected Area and Thaidene Nëné Indigenous Protected Area present an honest attempt to equally share power and responsibility in IPCA management, I call on governance agencies to further centre Indigenous peoples’ ideas on stewarding biodiversity-rich places, grant rights to self-determination and self-governance, and restore justice.