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Dissertations / Theses on the topic 'Indigenous peoples Indigenous peoples Criminal justice'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Fernández, Ruiz José Manuel. "Indigenous peoples and immigrants : the multicultural challenge of criminal law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/9107/.

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This thesis is the conclusion of doctoral research that pursued to examine whether indigenous peoples’ demands for access to their cultural practices can be accommodated within criminal law. In a globalised context in which states become increasingly multicultural this question raises fear of social fragmentation and the anxiety for achieving unity. Certainly, Rwanda and Kosovo evidence that claims to access culturally diverse practices may lead to war or even genocide. The context of the thesis is a more benign form of response to these claims: accommodation. While accommodation in general ha

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2

Trapnell, Lucy. "The voices of Indigenous Peoples’ Elders in teacher training." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/112541.

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A lo largo de las últimas décadas se ha venido planteando la necesidad de problematizar la manera como se construye el conocimiento y de poner en evidencia las relaciones entre conocimiento y poder. Una valiosa innovación, que busca abrir la educación superior a la inclusión de nuevos actores y nuevas voces, ha sido la redefinición del equipo formador de algunos institutos superiores pedagógicos y universidades convencionales para incluir conocedores y conocedoras de los pueblos originarios. No obstante, en este artículo argumento que su participación en los procesos de formación docente no ne

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3

Aliu, Bello Ayodeji. "The African Court on Human and Peoples’ Right: A test of African notions of human rights and justice." University of the Western Cape, 2019. http://hdl.handle.net/11394/6630.

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Doctor Legum - LLD<br>The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until the Organisation of African Unity (OAU) promulgated a protocol for its creation in 1998. The Court complements the protective mandate of the African Commission on Human and Peoples’ Rights (‘The Commission’) and the Court has the competence to take final and binding decisions on human rights violations. Unlike its European and inter-American versions wher

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4

Santana, Faria Natália. "Mediated Justice : Mapping news media narratives about indigenous peoples’ rights and the mining conflicts in Renca (Brazil) and Gállok (Sweden)." Thesis, Stockholms universitet, JMK, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-159676.

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Conflicts between the mining industry and traditional communities have been challenging indigenous peoples’ rights and endangering the environment around the world. The purpose of this study is to gain a broad perspective on the role of media representations in framing (or misframing) justice (Fraser 2009) and in reflecting (or not) media responsibility (Silverstone 2017) when reporting such events. Although recent studies have analysed news media coverage of environmental conflicts from a similar theoretical approach, few studies have addressed this inquiry through narrative analysis. Particu

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5

Vander, Veen Sarah. "Mock jurors' attitudes toward aboriginal defendants: a symbolic racism approach /." Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2688.

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6

Balzac, Josephine M. "CAFTA-DR's Citizen Submission Process| Is It Protecting the Indigenous Peoples Rights and Promoting the Three Pillars of Sustainable Development?" Thesis, The George Washington University, 2013. http://pqdtopen.proquest.com/#viewpdf?dispub=1537313.

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<p>The Central American population consists of a majority of indigenous people and the parties to the Central American Free Trade Agreement (CAFTA-DR) must strive to protect the culture, heritage and rights of the region’s people. Trade agreements must recognize the rights of the indigenous peoples that are affected by environmental degradation resulting from trade activities, which can result in the forceful removal of their lands. The balance between the three pillars of sustainable development must be struck because international trade is necessary by fueling much of the economic grow

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7

Morman, Alaina M. "United Nations Declaration on the Rights of Indigenous Peoples: Understanding the Applicability in the Native American Context." Ohio University / OhioLINK, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1439561893.

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8

Cantzler, Julia Miller. "Culture, History and Contention: Political Struggle and Claims-Making over Indigenous Fishing Rights in Australia, New Zealand and the United States." The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1306269394.

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9

Pates, Rebecca. "A philosophical investigation of punishment /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82943.

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Neither currently prevalent justifications of punishment, nor a modified, contractarian version of a justification that I develop here, can be used to justify actual state punishment, even if some forms of punishment may remain legitimate. I argue in this thesis that alternative punitive practices such as developed by some Canadian aboriginal communities are more likely to conform to the criteria of punitive justice developed by standard justifications, as well as being more likely to conform to criteria developed in feminist ethics.

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10

Cerqueira, Daniel. "Towards an ethical and legal foundation of the differentiated participation of the indigenous peoples in the State decisions." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108262.

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Within the Latin American state Constitutions, is the establishment of prior consultation for theindigenous peoples legitimate? Does it represent away of imposition of the minority rights in front ofthe majority rights? Does it implies a power of vetoover the state decisions?In this article, the author answers the aforementioned questions, as he assays an ethical and legal foundation for the establishment of the mechanism of free, prior and informed consultation, one that goes beyond its national and international recognition.<br>Dentro de las Constituciones de América Latina,¿es legítimo el e

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11

Posselwhite, Kaitlyn. "Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent." Master's thesis, Faculty of Humanities, 2019. http://hdl.handle.net/11427/30528.

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The ongoing reconciliation process in Canada has been criticized for failing to recognize the larger project of ongoing settler colonialism and for its inability to meaningfully respond to the aspirations and demands of Indigenous peoples for self-determination. However, in the Truth and Reconciliation Commission’s final report, the important recommendation was made for Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples, the most accomplished proclamation of Indigenous peoples’ rights, especially their right to selfdetermination, as the framework for reconcilia

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12

Watene, Krushil P. M. "Strengthening the capability approach : the foundations of the capability approach, with insights from two challenges." Thesis, University of St Andrews, 2011. http://hdl.handle.net/10023/1902.

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The Capability Approach was initially developed by Nobel laureate Amartya Sen, with the first basic articulation presented in his 1979 ‘Equality of What?’ Tanner Lecture. Since then, the approach has gained a huge amount of attention as a conceptual framework which offers a clear and insightful way to measure well-being and development. Most recently, the approach has been refined and extended by Martha Nussbaum to issues of disability, nationality, and species membership in political philosophy. This project is about the foundations of the capability approach. More specifically, this project

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13

Santacruz, Cruz Hugo Bayardo. "Jurisdicción indígena y Derecho Penal. Influencias y repercusiones del sistema penal en el desarrollo de los derechos de las nacionalidades indígenas en los países andinos." Doctoral thesis, Universitat de Barcelona, 2016. http://hdl.handle.net/10803/400018.

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El presente trabajo tiene por objeto analizar las influencias y repercusiones que ha tenido el sistema penal en el desarrollo de los derechos de las nacionalidades indígenas ubicadas en los países de Colombia, Perú, Ecuador y Bolivia. La hipótesis de partida indica que el derecho indígena no es un derecho puro, sino que está compuesto por un conjunto de normas que han ido cambiando y enriqueciéndose conforme a los distintos momentos históricos, atravesados por las relaciones de poder y dominación así como por acciones de resistencia y emancipación. Se parte de la premisa de que el derecho indí

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14

Ujacow, Martins Tatiana Azambuja. "O direito à margem do direito. O direito indígena: perspectiva emancipatória e dimensão do pluralismo jurídico." Doctoral thesis, Universitat de Girona, 2020. http://hdl.handle.net/10803/672254.

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One of the great conflicts, nowadays, is the effectuation of human rights when a country has culturally different peoples such as Brazil, where, in addition to the lack of respect and recognition by the right of these peoples, which is peculiar to each ethnic indigenous, there is also absence of specific legislation to consolidate them. It is then, reserved to them, a place on the sidelines of society and of the laws concerning to them, which causes countless conflicting situations and often leads to the situation of maximum restriction of freedom: incarceration. The Federative Republic of Bra

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15

Murrey-Ndewa, Amber. "Lifescapes of a pipedream : a decolonial mixtape of structural violence & resistance along the Chad-Cameroon oil pipeline." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:cdd0811a-4324-4ec6-a867-aee9174fd984.

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People's narratives, interpretations and understandings of the Chad-Cameroon Oil Pipeline and pipeline actors emphasise the uneven exercise of power through which structural violence is effected and experienced. The complexity of the processes of structural violence along with local socio-political context and peoples' dynamic understandings thereof play major roles in shaping resistance practices, in complex ways in Kribi and Nanga-Eboko. Working from these narratives, I offer a theoretical re-articulation of structural violence as (i) tangible through the body, (ii) historically compounded,

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16

Hall, Charlotta. "Sanningskommission för Sveriges samer : en studie om förväntningar och andra urfolks erfarenheter på väg mot upprättelse." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305672.

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In recent years the field of reparations for indigenous peoples has increased remarkably. Past wrongs made by states in the distant past has become more important to highlight, not only because of the memories of historical injustice, but because of how the past impacts the future, and not least, still appears as structures of discrimination remaining from the past. As an indigenous people the Saami people living in Sweden have experiences of both historical injustices as well as todays struggle with discrimination on different levels. Mostly regarding their right to be a part of decisions c

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17

Burn, Geoffrey Livingston. "Land and reconciliation in Australia : a theological approach." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/117230.

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This thesis is a work of Christian theology. Its purpose is twofold: firstly to develop an adequate understanding of reconciliation at the level of peoples and nations; and secondly to make a practical contribution to resolving the problems in Australia for the welfare of all the peoples, and of the land itself. The history of the relationships between the Indigenous and non-Indigenous peoples in Australia has left many problems, and no matter what the non-Indigenous people try to do, the Indigenous peoples of Australia continue to experience themselves as being in a state of siege. Trying to

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18

Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.

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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spr

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19

Murdocca, Carmela. "Incarcerating cultural difference : race, national responsibility and criminal sentencing /." 2007. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=510544&T=F.

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20

Jacobs, Madelaine Christine. "ASSIMILATION THROUGH INCARCERATION: THE GEOGRAPHIC IMPOSITION OF CANADIAN LAW OVER INDIGENOUS PEOPLES." Thesis, 2012. http://hdl.handle.net/1974/7557.

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The disproportionate incarceration of indigenous peoples in Canada is far more than a socio-economic legacy of colonialism. The Department of Indian Affairs (DIA) espoused incarceration as a strategic instrument of assimilation. Colonial consciousness could not reconcile evolving indigenous identities with projects of state formation founded on the epistemological invention of populating idle land with productive European settlements. The 1876 Indian Act instilled a stubborn, albeit false, categorization deep within the structures of the Canadian state: “Indian,” ward of the state. From “India

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21

Lai, Fu-Ting, and 賴富庭. "Indigenous Peoples' Restorative Justice Traditions and Practices: An Application to Domestic Violence and Juvenile Delinquency Cases." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/s2v884.

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碩士<br>國立東華大學<br>族群關係與文化學系<br>101<br>In Indigenous Peoples’ worldview, restorative justice in a framework that engages victims, offenders and community in repairing the harm caused by crime or “wrong doing”. This approach gives those most affected by crime options for participation in a variety of restorative practices that promote healing. Indigenous justice philosophy and practice includes healing, along with reintegrating individuals into their community, which is more important than what western law’s justice solution, called “punishment.” This research explains Indigenous Peoples’ re

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22

Hu, Chia-Wei, and 胡家瑋. "A Study On Constructing the Criminal Justice System of Indigenous People--Toward the Mode of Co-governance among Equals." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/m5pz5s.

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碩士<br>國立臺灣大學<br>法律學研究所<br>106<br>Conflicts between indigenous peoples and non-indigenous peoples (mostly the Hans) in Taiwan have long been an issue. Efforts have been made to address them from a legal perspective including amending the Constitution and the Indigenous Peoples Basic Law, but fall short of ceasing further tensions. To solve the problem, the Judicial Yuan established indigenous peoples’ tribunals at all district and high courts in 2013 and 2014. However, it is debatable that without amending corresponding laws, the mere structural change can fundamentally improve judicial rights

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23

Anspach, Philip. "The basis of contractual liability in indigenous law." Diss., 2003. http://hdl.handle.net/10500/1765.

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This study examines the basis of contractual liability in indigenous law. It concludes that contractual liability arises only from real contracts where one party has performed fully or partially in terms of an agreement. Attention is given to both the nature and concept of indigenous contracts to ascertain the function of contracts in indigenous societies in order to bring a holistic perspective to the topic. It is demonstrated that the settlement of disputes arising out of indigenous contracts is primarily focused on the reconciliation of people and the consequent maintenance of harmony w

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