Includes bibliographical references (leaves 312-342). / In this thesis we examine the case of the Clarkson Mission and Tsitsikamma Mfengu communities on the Southern Cape Coast of South Africa, and highlight some of the ambiguities prevalent in their contested claims of entitlement to the Clarkson mission land. Their respective notions of communal identity are investigated, and the ways in which these are historically linked to land entitlement are examined. The analyses of the constructed communal identities of the "coloured" Clarksoner and the "native" Mfengu are located within the critical analytical approach of discourse theory, an important component of which is a socio-historical analysis. Primary data were obtained through archival, documentary, comprehensive Deeds Registry research, as well as fieldwork and in-depth interviews. Central themes in this study are colonial land dispossessions, the use of forced indigenous labour, resistance, rebellion and collaboration. The study shows that aspects of "coloured", "native", "tribal", "ancestral", Mfengu, and Moravian, used in contemporary communal identity formations are not fixed givens, but rather historical discursive constructions that are in a process of constant change. In the case of the Clarksoners we show how the Moravian historical narrative together with the Moravian Ethic had been transplanted and imposed by the early Moravian missionaries at the Cape and how these have over time come to be taken-for-granted and appropriated by members of Moravian Church, and Clarksoners in particular. We trace the origin of the Moravian narrative and show the similarities, differences, and continuity at both Genadendal in the Southern Cape and Clarkson. In the case of the Tsitsikamma Mfengu we show how the emerging colonial "Fingo" narrative and constructed colonial "Fingo" identity are firmly connected to land dispossession and forced labour in the aftermath of the 1835 Eastern Cape frontier war. We show how elements of both the "Fingo" narrative and constructed identity were appropriated and re-ordered in contemporary processes of Tsitsikamma Mfengu community identification. The study endeavours to make visible the dynamic changing history and relations of power and domination surrounding processes of communal identification that are connected to historical rights in land.

An examination of contemporary English-Canadian novels and poems that depict Native characters in ways that support a claim to Canada, making what Fee calls a "literary land claim."

Due to government intervention the inhabitants of Rainy River First Nations were deprived of the material resources available to many Canadians. In 1914, the federal government established a community reserve that consisted of peoples from eight separate and distinct communities, which directly contravened Treaty Three. The paper (through interviews, observation and textual analysis) provides a critical overview of the community's land claims settlement and reclamation process, and struggle for sustainability in the twenty-first century. In addition, it examines the manner that land-culture, human resources and capital resources may be applied to revitalize the community through community development and economic strategies.

Due to government intervention the inhabitants of Rainy River First Nations were deprived of the material resources available to many Canadians. In 1914, the federal government established a community reserve that consisted of peoples from eight separate and distinct communities, which directly contravened Treaty Three. The paper (through interviews, observation and textual analysis) provides a critical overview of the community's land claims settlement and reclamation process, and struggle for sustainability in the twenty-first century. In addition, it examines the manner that land-culture, human resources and capital resources may be applied to revitalize the community through community development and economic strategies.

This dissertation analyzes tensions between Indigenous and Canadian authority over land and governance through a critical inquiry into jurisdiction. I examine jurisdiction in the context of the Algonquins of Barriere Lake’s territory, located about three hours north of Ottawa in the northernmost boreal region of Quebec. To undertake this study of overlapping jurisdiction, I analyze the struggle over resource management across the past thirty years on the territory and their struggle against the federal land claims policy. I map the ways in which space is differentiated under competing legal orders, where on the one hand, jurisdiction is produced by the sovereign territorial state through operations of economic and political calculation, and on the other, by the Algonquin nation through a kinship nexus of allocated hunting and trapping grounds, and by the daily caretaking practices associated with Anishnabe life on the territory. I raise questions as to how simultaneous operations of law may take place in a single area, across distinctive epistemological and ontological frameworks, and how jurisdictions are produced in this context. My dissertation examines how the Algonquins of Barriere Lake have contested the socio-spatial production of state sovereignty claims through the exercise of jurisdiction over their lands. My focus on jurisdiction in this dissertation turns our attention to the practices of settler colonial sovereignty in Canada, and especially to the role Indigenous law plays in resisting intervention on their lands. I examine the role Indigenous law plays in shaping the political economy of this country, seeking to identify whether a “distinct form of accumulation” emerges in the dialectic of settler colonialism and Canada’s staple state economy. The interpretive framework of jurisdiction allows us to examine the overlapping authority claims between Indigenous, state, regional, and private interests, and to parse out the ways in which these jurisdictional claims produce different kinds of political space.

This dissertation analyzes tensions between Indigenous and Canadian authority over land and governance through a critical inquiry into jurisdiction. I examine jurisdiction in the context of the Algonquins of Barriere Lake’s territory, located about three hours north of Ottawa in the northernmost boreal region of Quebec. To undertake this study of overlapping jurisdiction, I analyze the struggle over resource management across the past thirty years on the territory and their struggle against the federal land claims policy. I map the ways in which space is differentiated under competing legal orders, where on the one hand, jurisdiction is produced by the sovereign territorial state through operations of economic and political calculation, and on the other, by the Algonquin nation through a kinship nexus of allocated hunting and trapping grounds, and by the daily caretaking practices associated with Anishnabe life on the territory. I raise questions as to how simultaneous operations of law may take place in a single area, across distinctive epistemological and ontological frameworks, and how jurisdictions are produced in this context. My dissertation examines how the Algonquins of Barriere Lake have contested the socio-spatial production of state sovereignty claims through the exercise of jurisdiction over their lands. My focus on jurisdiction in this dissertation turns our attention to the practices of settler colonial sovereignty in Canada, and especially to the role Indigenous law plays in resisting intervention on their lands. I examine the role Indigenous law plays in shaping the political economy of this country, seeking to identify whether a “distinct form of accumulation” emerges in the dialectic of settler colonialism and Canada’s staple state economy. The interpretive framework of jurisdiction allows us to examine the overlapping authority claims between Indigenous, state, regional, and private interests, and to parse out the ways in which these jurisdictional claims produce different kinds of political space.

Philosophiae Doctor - PhD / In this thesis, I examine the narratives of authenticity, the limits thereof, the potential interests served by these narratives, and the power relations involved in the promotion of an authentic San identity. I focus on four key areas to achieve this goal: the methodological issues involved in studying authenticity, the framing of the land claim lodged by the San against the Kalahari Gemsbok National Park in South Africa in 1995, the post-land claim settlement activities on the restituted farms, and the various issues around authenticity and traditional leadership. I will also highlight a variety of issues, ranging from livelihoods to governance, community-based natural resource management (CBNRM), identity and ethnicity, and common property debates. The study begins with a brief introduction to the richly textured and highly contested debates and analytical issues concerning the San. Among other things, this first part of the thesis deals with naming, the alleged disappearance of the San, and the eventual reemergence of this group in the post-apartheid landscape of southern Africa. This is followed by a brief description of some aspects of the natural environment of the southern Kalahari and how the San see themselves situated within this cultural–ecological complex. This exploration of the cultural–ecological landscape is not meant to mirror previous San studies of cultural ecology but rather to offer an account of a possible San ontology. The thesis gives an inventory firstly of the research methods applied by myself, and then probes the research encounter reflexively. The main descriptive chapters of the thesis begin with an examination of how the ≠Khomani San emerged onto the political landscape of post-1994 South Africa and how an ethnic entity was constituted through the land restitution process. The post-restitution activities of at least three subgroups of the ≠Khomani San Common Property Association (CPA) are then examined and shown to be a series of contestations and challenges of authenticity. In the final chapter, I take an experimental look at a particular institution that emerged as central to the debates about authenticity and the management of resources in the ≠Khomani San CPA

<p>It has been over a century since African people were forcibly removed by official decree in 1901, from the Cape Town dockland barracks and District Six, to Uitvlugt, a farm where a location of corrugated iron &lsquo / huts&rsquo / had just been constructed. This occurrence followed an outbreak of a bubonic plague in Cape Town in 1901, which became predominant among the Africans who worked at the docks, and who were in direct and constant contact with the main carriers of the disease, i.e., the rats coming out of ships from Europe. The outbreak resulted in African being stigmatised as diseased, and being banished to the outskirts of the city. Since then, knowledge about this historical occurrence has been continuously produced, presented and communicated in many ways. It has featured in many representations through memory, heritage and history.In 1902, the new residents of Uitvlugt gave the location the name kwa-Ndabeni. Ndabeni was a nickname that the residents had given to Walter Stanford who had chaired the commission that recommended for the establishment of the location in 1901. The prefix kwa- was added to the name so that it meant in Xhosa language, the place of Ndabeni. In that way, the residents, who at that time did not consider the location as a potential place of their permanent abode, named it in a way that disassociated them from the place.</p>

This thesis questions the adequacy of the Department of the Interior's response to the land claims of Metis settlers in Green Lake, Saskatchewan.<p> Metis people originally settled in Green Lake because of the pattern of development of the fur trade. Green Lake was a major nexus on the fur trade transportation system, which encouraged Metis settlement and community development. After Confederation, when the national policy generated regional differentiation through uneven development, Green Lake remained under fur-trade domination.<P> National policy expansion reached Green Lake with surveys in 1909 and 1911, replacing fur-trade property relations with the Dominion Lands Act. The surveys revealed Green Lake as a fur trade settlement with property claims consistent with the fur trade economy. Prior treatment of such claims under national policy regulations promised recognition of Metis claims based on prior settlement.<P> Economic recession and World War I led to the abatement of national policy expansion. As a result, the department postponed action on the Metis claims until renewed interest in national policy settlement. Legislation passed in 1919 provided new direction to departmental consideration of the Green Lake claims. The only remnant of recognition of fur trade settlement was reference to 1908 legislation requiring occupancy at the time of treaty. The department subsequently disposed of Metis claims by offering most claimants only a right to purchase claimed land.<P> Departmental response to Metis claims at Green Lake was inadequate on several grounds. It failed to consider adequately property relations extant from the fur trade economy. It acted without due consideration for established precedents associated with the national policy. It acted ultra vires to carry out and justify a restrictive and mean spirited response to Metis claims. The retroactive nature of 1908 legislation unfairly penalized claimants in the Treaty Six area. The department's limitation of the eligibility of claimants by constrictive criteria was compounded by its failure to examine seriously the evidence of Metis settlement that would have met such criteria.<P> At the time of the 1930 transfer of land administration to the prairie provinces, the land claims of the Metis settlers of Green Lake remained unsatisfied.

The central problem of the thesis is to investigate the international legal validity of the Canadian claim to the Arctic Archipelago. In order to consider the bearing on the problem of the "sector principl" the area investigated comprised the islands, waters and permanent ice lying between the the 60th and 141st meridians of west longitude extended to the North Pole, which meridians are northerly projections of Canada's easternmost and westernmost boundaries.<p> After a brief review of the facts and law surrounding the transfer of British Arctic possessions to Canada in 1870 and 1800, the international law applicable to archipelagic formations and to the acquisition of title to terrae nullius was examined. There followed, in the perspective of international law and the historical precedents, an examination of the Canadian claims to (a) the islands of the Arctic Archipelago, and (b) the adjacent waters, especially the aftermath of the two voyages of the Manhattan and the Canadian legislation of June, 1970, extending territorial waters to a breadth of twelve miles and creating a large anti-pollution zone.<p> It was concluded that Canada's claim to the islands was very strong, either under the "prescription" or the "consolidation" doctrines, especially in the absence of serious adverse claims, and in the light of a vigorous Canadian manifestation of animus occupandi for several decades, at least.<p> Although the validity of the recent Canadian Maritime claims had been questioned by the United States, it was suggested either on the basis of the "consolidation" doctrine or in view of the evolving, norms of the international law of the sea that here also Canada could make out a strong case in support of the legislation of June, 1970.