The various independent chiefdoms that make up present day Malawi had a new constitution imposed over all of them by the British government without their consent. This new superimposed constitution was never really embraced by the various tribal groups. Its tenets were never internalised by the people and this lack of internalisation has continued to this day. The elite of the day decided which principles would govern the country. Successive elite groups in different periods of Malawi’s history have imposed their brand of constitutionalism on a hapless people. They have dutifully put in writing the constitutional principles without intending to apply them. Malawi is a nation that embraced constitutionalism with one reason only, that is, to gain acceptance from its peers in the international community. Throughout its history from pre-colonial times to the present, the general population has never been involved in framing the principles which govern and shape the destiny of the nation. A small group of people has always decided what the constitution should contain. The dominant man of the moment (the big man) and his political party decide what constitutionalism is to be. They govern the country through patronage. The president and a small group around him use state resources to promote their agenda often at the expense of the constitution they swore to uphold. The political leaders do not differentiate between resources of the state, the private sector and their ruling party and they often use them to peddle influence to promote their programs that are sometimes in violation of the constitution. When the president “donates” state resources to the poor communities, he tells them that he used his own money to buy the item he is donating, for example an ambulance, and nobody dares to contradict him. Only in financial matters has the nation demonstrated some marked commitment to the rule of law. The incentive for the government to comply with the law is much higher because about 80 percent of its capital budget is financed from external sources through donations, loans and grants from western nations. Government tends to take action against public officers who do not follow constitutionally laid down principles. Its commitment to the rule of law on social and political governance issues is not consistent. It appears to pick and choose which constitutional principles it will adhere to. In conclusion, it is difficult for Malawi to experience a government that adheres to the principles of constitutionalism because its widespread poverty helps entrench a system of patronage. This system has created a nation that tolerates serious abuses of its constitution. Transformative constitutionalism appears to offer the best hope for Malawi’s future. The nation needs a judiciary that is more innovative and bold in interpreting, upholding and enforcing its own constitutional tenets. Only then will the nation be on a sound footing to realise the benefits of constitutionalism for its people. / Dissertation (LLM)--University of Pretoria, 2011. / Jurisprudence / LLM / Unrestricted

El texto completo de este trabajo no está disponible en el Repositorio Académico UPC por restricciones de la casa editorial donde ha sido publicado. / This chapter discusses some of the challenges faced by tribal libraries. Considering the information provided throughout the rest of this volume, it is clear that some of the core issues-such as poor broadband availability, difficulties in achieving economies of scale, and barriers to collaboration-are shared between tribal institutions and rural libraries throughout the United States. The chapter presents a brief review of the literature on tribal libraries, establishing how they compare with rural public libraries in the United States. The remainder of the chapter is designed as a conversation piece, with responses from interviews with librarians from two tribal libraries detailing how the challenges faced by these outlets parallel those faced by America's rural libraries. • Tribal libraries face obstacles that are common among nontribal rural public libraries, such as poor broadband Internet availability, lack of funding, and geographic barriers that limit patron access. • Although public libraries exist in some tribal communities, other forms of libraries and cultural heritage institutions often fill the service roles that public libraries occupy in nontribal communities. • Public-oriented information institutions in tribal communities commonly preserve and promote tribal heritage, often as one of their primary purposes. Considering that this is often achieved on limited budgets, further documentation of these efforts could be useful for guiding nontribal rural public libraries that wish to do more to preserve and promote their local cultural heritage. This study creates bridges between rural public libraries in the United States and tribal libraries, which are commonly studied as two separate phenomena. Although the authors document how these types of institutions differ from each other in significant ways, barriers of broadband access, geographic isolation, and lack of funding are common across both rural and tribal libraries. The information provided in this chapter shows that both types of institutions need solutions for similar problems.

A dissertation submitted to the Faculty of Arts in fulfillment of the requirements for the Degree of Doctor Of Philosophy in the Department of Psychology at the University Of Zululand, 2018 / The study aimed at investigating the prevalence and effects of abuse or violence against men in an intimate relationship in the province of KwaZulu-Natal. Notably, the thesis is entitled “The prevalence and Effects of Abuse against Men in the three Tribal Authorities in Ingwavuma in KwaZulu-Natal”. The study defines domestic violence as an abusive behaviour by one or both partners in an intimate relationship (e.g. marriage, dating, family, friends, and cohabitation). Domestic violence as a public health problem leads to death, physical disabilities, mental health problems, psychological problems, economical deficiencies, to mention a few. The study was informed by three main research objectives: to identify the causes of men abuse; to determine the effects of men abuse; and to develop strategies for addressing men abuse. The theoretical framework that underpinned the study was Social Learning Theory by Bandura. The study used a post-positivist research paradigm which enabled the researcher to yield multiple perspectives from the target population rather than a single reality. In that light, the study used both quantitative and qualitative research methods during data collection. The qualitative data were gathered through open-ended questions among men who once experienced abuse by their intimate partners while quantitative data were gathered through a survey. The study also used in depth literature review and document analysis which formed part of qualitative content analysis. The study drew a sample from men who once experienced abuse from their intimate partners. The study adopted non-probability sampling because the researcher did not know the size of the population. Additionally, the researcher used snowball and purposive sampling techniques. These sampling techniques were used at different stages to select the respondents. Snowball was largely used because the researcher did not know the victims of abuse. The study sampled 60 men who once experienced abuse and interestingly, all of them were interviewed as intended by the study. The collected data were analysed through the use of qualitative content analysis. The study acknowledged the wealth of knowledge on the concept ‘abuse’ by the respondents. The findings showed that men abuse is not a new thing in the province but is well-known and experienced by a number of men. The concept ‘abuse’, among men, meant different ways of abuse experienced by any gender in an intimate relationship. For example, the findings showed that abuse means an intimate partner who may pull a man by his private parts, being beaten, insulted, forced to clean the floor and wash nappies. It is observed that men abuse is a problem in the area and is well-known in the community. The findings showed that a large number of men suffer silent abuse because they believe that it is a mark of shame to be known as a man who is abused by his wife. It was established that the main cause of men abuse is power hunger by women. It was established that some women deprived men of sexual intercourse; some young women cheated with young men, they call Ben 10s, in the community. It was observed that a large number of men do not report cases of abuse. It was revealed that the reason men do not report cases of abuse, is the fear of being in the spotlight and that they do not know where to report. The study found that the few men who reported cases of abuse by their intimate partners ended up being a joke in the community. It was revealed that the culprit is never punished. The study showed that men do not have rights in KwaZulu-Natal. In other words, there is nothing that protects men from their women intimate partners. The strategies for preventing men abuse from their intimate partners are well presented. The most crucial strategies spelled out were related to raising awareness campaigns on men abuse; community workshops on men abuse; and educating women on men abuse. The full thesis is available in the University of Zululand Institutional Repository. / National Research Foundation Of South Africa and NIHSS/SAHUDA

No description available.

The eastern state of Jharkhand in India has been the site of contention between Adivasi communities, like the Munda, and the national government. This is a relationship between these communities and centralized, outside power that has existed for centuries in different forms. To understand this ongoing conflict, we need to understand the root causes of contention. Various scholars have traced this to a general rejection by Adivasis of State-sanctioned neoliberal development projects like land-grabbing and mining. I analyze, based on a fifteen month long ethnographic study conducted from May 2017 to December 2018, the meaning of land for the Munda community, and how these meanings underlie the Adivasi-State conflict, based on several forms of qualitative data. I argue that at the core of this ongoing conflict lie questions of identity construction and representation, neoliberal market forces, gender, and a historical narrative of resistance against outsiders. Importantly, to best understand Adivasi politics and their relationship to their local environment, one must actively listen to how these communities represent themselves. / Doctor of Philosophy / The eastern state of Jharkhand in India has been the site of an ongoing conflict between the Munda Adivasi (indigenous) community and the State. This contentious relationship has existed for several centuries and continues until now. Various scholars describe the conflict as the general rejection of the attempts of State and corporate actors to grab lands in order to carry out neoliberal development projects such as mining and hydroelectricity dams in the region. I analyze, based on a fifteen-month long ethnographic study conducted from May 2017 to December 2018, the meaning of land for the Munda community, and how these meanings underlie the Adivasi-State conflict. I argue that the current ongoing conflict underlie questions of identity construction and representation embedded in the historical narrative of resistance against outsiders. More specifically, one must understand the subaltern communities, such as the Munda Adivasi, through their discourses.

The structural development of Paiwan tribe traditional social ranks Abstract The Paiwan tribe, a native people in Taiwan, has a perfect traditional social rank. They have maintained their primitive, original tribal ranks in every tribe in Ping-tung county since the Japanese era till now in Taiwan. Before the primitive tribes were forced to move into level ground¡Xnew villages arranged by government, they lived a self-contained and self-sufficient lifestyle, poor and in lack of sources. However, their self-confidence, force of condense in their tribes are very steadily. Under being kept sight of their tribal tendency by Japanese, the common people in tribes always obey and respect their chief¡Xtribal leader, without being affected by the governors. The Japanese government had to face the big secret worries about how to control the conditions, than tried to persuade them to work as an attendant to manage their people. In 1945, the Chinese government ruled the Taiwan islands after World War II. Since the new ruler came from mainland China didn¡¦t have any awareness about the tribal culture in Paiwan primitive society, they regarded them as one kind of barbarian tribe came from China in ancient time. In order to control the conditions in a muddle within three months, they forced the native people in every tribal to accept the Chinese surname given by governor. Due to such kind of discriminative attitude against the tribal dignity, the native people were led to lose their traditional class consciousness and native identification to their original society until the declaration martial law ended in 1987. From 1987 to 1996, the new movement of asking human rights ¡V democracy and freedom like a rising wind and scudding clouds in whole islands. Consequently, the Paiwan tribe was also getting awareness to rebuild their primitive culture, Paiwan tribe consciousness, which had lost for forty-two years. The process of searching movement seems like looking for their relatives who had parted for more than forty years. Though they had their same blood relationship, they had lost the same life experiences for such a long time. Therefore, they could only make up for a few part even they tried to do their best effort. Thus, I¡¦ll try to analysis the phases of structural movement of Paiwan tribe traditional social ranks and the affections under the national policy, social background during these years. Chapter one includes the preface for introduction, the purposes of research, the study of bibliography, the ranges of the research, the methods and structures of the research to present the aspects of this paper. Chapter two discusses the original class forms, system of work, processes of the structural development of Paiwan tribe traditional social ranks to explain how the tribal chiefs manage their people, rule their tribal affairs in their territory before the external governor interrupted their principles of primitive society. Chapter three describes how the Taiwan external government new movement ¡§the policy of national assimilation¡¨ affected the tribal chiefs to control or manage their social orders and how the immigrants new idea ¡§communalism¡¨ works and what the government policy about managing the preservative land for tribal people is. Chapter four states what is the negative results of the traditional tribal ranks and ancestor sacrificial rites under the governor¡¦s plan control of their tribal resident movement and the external religions during the all-rounded communications between the tribal society and current society from 1950 to 1987¡Xthe phases of developing entire economics in Taiwan. Chapter five emphasizes on how the tribal people examined their own feelings and motives, thought deeply themselves critically from 1987 to 2005. Because of accepting the frame of democracy and being conscious of accumulation wealth help them to promote their cultural revives. Then every tribe and village founds one after another its relative groups, community culture associations, and shows their trials of class strength while holding their traditional wedding ceremony to strengthen their traditional awareness of class nature. Above all, we found that Taiwan tribes still maintained their essence of culture without being stoke down by the attack of the current social concepts and polices of government in every stage. That is, the system of firstborn inheritor is the basis of the ranks structure in Paiwan tribes till now. The firstborn inheritor influence the development of all relatives, certainly the other younger brothers and sisters not only give their respect to the original family but also offer all necessary helps to honor their original family. The firstborn inheritor also has the duty to hold the life rite for the relatives and give them supports in any emergency situations. Now, the real leading role and the ownership in traditional Paiwan tribe ranks society has changed into the leadership in spirit. Key words: Paiwan tribe, native people , tribal rank structure, cultural development , Tribal chief, common people.

Powerful norms tend to define the purpose and function of higher education as a means for individual students to improve individual social mobility and to attain occupational status, and oftentimes, we assume this to be the primary intent of any college student (Baum, Ma, & Payea, 2013; Day & Newberger, 2002). For the purpose of this study, the normative framing of college as primarily an individual benefit is scrutinized to understand how this norm engages American Indian students in the college-going process. Indigenous scholars argue that infusing the concept of Native Nation Building into our understandings of higher education challenges such mainstream cultural norms and fills a space between the individual and mainstream society (Brayboy, Fann, Castagno, and Solyom, 2012). This qualitative study proposes the Individual-Independent/Political-Collective Paradox Model to understand how American Indian students navigate and make-meaning of collective values and the role of student tribal status on the college-going process. Through the voices of thirty-seven American Indian college students, the findings demonstrate the critical thinking and navigation of varying realities that American Indian students face when entering higher education institution. I present the three main findings of this study. The first finding presents how the participant's college-going process is not linear in both pathways and meaning making. Through a college-going typology, students reveal how the college-going phases have cyclical aspects, where each phase is built upon each other and influence subsequent meaning- and decision-making. The second finding demonstrates how the college-choice process is instrumental in understanding how students frame the purpose of higher education through collective values that are intricately related to students' reference of tribal enrollment. The third finding shows how collective values and tribal enrollment help inform the meaning of financial aid for students. These meanings reveal that tribal aid is not only relevant to providing access during the college exploration and choice phases, but the aid reinforces students' purpose of higher education and future goals, which both are primarily collective in nature.

In 1987, the Supreme Court of the United States ruled in California v. Cabazon Band of Mission Indians. A landmark decision, the case carried significant ramifications for tribal sovereignty and the creation of the Native American gaming industry. In response to the decision, the United States Congress passed the Indian Gaming Regulatory Act the following year. Since the Supreme Court ruled in Cabazon, Native American gaming has grown into a multi-billion dollar industry and the most significant source of revenue for many tribes across the country. Given the complexity of Native American law and the controversial nature of casino gaming, the industry has resulted in many contentious legal battles between tribes and parties ranging from state governments to private corporations. As the Cabazon decision was the breakthrough for reservation gaming, this thesis will examine the Supreme Court’s rulings regarding tribal gaming and how they affected the Native American gaming industry and the doctrine of tribal sovereignty.

Native American reservations in the United States are often located on mineral-rich lands, making them a target for fossil fuel development in already socioeconomically disadvantaged areas. As environmentally damaging as they are, coal and oil industries can bring invaluable jobs and money to isolated reservations, causing tribes to rely on fossil fuels for mere economic survival. In these instances of corporations or the federal government exploiting Native American labor and land, tribes lose the most fundamental principle of tribal governance: tribal sovereignty. Replacing fossil fuels and securing energy independence with a stable, renewable energy source is key to reclaiming that tribal sovereignty. Biomass, a general term for any organic material used as a fuel source, is an often overlooked form of renewable energy to provide for an entire community’s needs. This paper focuses specifically on the 21 tribes in Arizona that can use elements of the local landscape, residues from economic activity like agriculture, or waste from urban areas to power a community-scale biomass plant. The feasibility study for a biomass plant on the Cocopah Reservation, a small and economically poor tribe in southwestern Arizona, determined that the tribe could supply all of its energy needs with a small, 1 MW combustion stoker boiler fed with crop residues from nearby agricultural lands. The levelized cost of electricity for this biomass plant is about $0.2–$0.3/kWh, or one-sixth of electricity rate that the tribe pays from the local utility. The plant would create revenue over its 30-year lifespan that could be fed back into other social service or economic revitalization projects for tribal members. The Cocopah would also benefit from joining with other small and politically isolated tribes to form an intertribal energy consortium that could share administrative and technical expertise in completing feasibility studies or applying for federal assistance.

abstract: In Indian Country, the investigation and prosecution of sexual assault crimes have been described as arduous task. More so, determining whether the federal, state, or tribal government has criminal jurisdiction is perplexing. The various U.S. Supreme Court decisions and Federal Indian policies that influence tribal sovereignty restrict tribal government's authority over violent crimes that occur on tribal lands. In my thesis, I discuss U.S. Supreme Court decisions and federal Indian policies create a framework for colonial management and federal paternalism in Indian Country, which restrict tribal sovereignty and sentencing authority in criminal cases that occur on tribal lands and against their citizens. I introduce the Indigenous Woman's Justice Paradigm as a conceptual framework for Indian nations to develop an alternate system for responding to sexual assault crimes on tribal lands. The purpose of my research is to promote the cultural renewal of Indigenous justice practices to develop sexual assault jurisprudence or reform tribal rape law that are victim-centered and community controlled. / Dissertation/Thesis / Masters Thesis American Indian Studies 2015