scholarly journals Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown

2021 ◽  
Author(s):  
◽  
Martin Fisher
Keyword(s):  
Self Determination ◽  
The Political ◽  
Limit Set ◽  
Legal Form ◽  
Governance Systems ◽  
Key Players ◽  
Settlement Negotiations ◽  
Historical Accounts ◽  
Modern Era ◽  
Crown Lands

<p>Waikato-Tainui and Ngāi Tahu’s negotiations with the Crown produced the first two major iwi-based agreements of the modern era of Treaty settlements in New Zealand/Aotearoa. While the existing historiography has previously addressed the general parameters of each agreement, and some key players have briefly written about their involvement in the process, an analysis of both negotiations through the lens of the iwi (tribe) pursuit of rangatiratanga (or self-determination) and the Crown’s defence of its sovereignty and kawanatanga (or governance) increases our understanding of these precedent-setting Treaty settlements. Māori rangatiratanga and Crown sovereignty and governance were not the only factors that drove all parties in their negotiations, but they represented the dominant motivating force in terms of reaching agreements on very difficult issues.  Through an investigation of Ngāi Tahu, Waikato-Tainui, Crown and public sources, this thesis identifies the balancing of iwi rangatiratanga and the Crown’s sovereignty and kawanatanga in four major areas of the process: the development of iwi governance systems post-settlement, the negotiation of the financial aspects of the settlement, the parameters surrounding the return of land, and the formulation of the historical accounts and Crown apologies. The political structures set by the Crown to govern the process influenced all aspects of the negotiation. Waikato-Tainui and Ngāi Tahu argued that a larger quantum would be necessary to achieve the finality and general financial certainty sought by the Crown, but were challenged most prominently by Treasury. Nonetheless both iwi were able to obtain significant concessions. The subsequent limit set on the total financial scope of each settlement also influenced the amount of land that was returned. In addition the Crown’s overall control of the process influenced the type of Crown lands that would be returned, and in Waikato-Tainui’s case, the legal form in which land was returned. The negotiations regarding the historical accounts and apologies that accompanied each settlement similarly were influenced by the limitations imposed by the Crown, in contrast to the specific details sought by Ngāi Tahu and Waikato-Tainui.  The Crown was able to strengthen its governance by achieving settlements with Waikato-Tainui and Ngāi Tahu. Both iwi also were able to enhance their own rangatiratanga by settling their claims, enhancing their political power and influence regionally and nationally. Ultimately Waikato-Tainui and Ngāi Tahu’s Treaty settlements simultaneously reinforced the Crown’s sovereignty and kawanatanga and energised Ngāi Tahu and Waikato-Tainui’s pursuit of rangatiratanga.</p>

scholarly journals Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown

2021 ◽  
Author(s):  
◽  
Martin Fisher
Keyword(s):  
Self Determination ◽  
The Political ◽  
Limit Set ◽  
Legal Form ◽  
Governance Systems ◽  
Key Players ◽  
Settlement Negotiations ◽  
Historical Accounts ◽  
Modern Era ◽  
Crown Lands

<p>Waikato-Tainui and Ngāi Tahu’s negotiations with the Crown produced the first two major iwi-based agreements of the modern era of Treaty settlements in New Zealand/Aotearoa. While the existing historiography has previously addressed the general parameters of each agreement, and some key players have briefly written about their involvement in the process, an analysis of both negotiations through the lens of the iwi (tribe) pursuit of rangatiratanga (or self-determination) and the Crown’s defence of its sovereignty and kawanatanga (or governance) increases our understanding of these precedent-setting Treaty settlements. Māori rangatiratanga and Crown sovereignty and governance were not the only factors that drove all parties in their negotiations, but they represented the dominant motivating force in terms of reaching agreements on very difficult issues.  Through an investigation of Ngāi Tahu, Waikato-Tainui, Crown and public sources, this thesis identifies the balancing of iwi rangatiratanga and the Crown’s sovereignty and kawanatanga in four major areas of the process: the development of iwi governance systems post-settlement, the negotiation of the financial aspects of the settlement, the parameters surrounding the return of land, and the formulation of the historical accounts and Crown apologies. The political structures set by the Crown to govern the process influenced all aspects of the negotiation. Waikato-Tainui and Ngāi Tahu argued that a larger quantum would be necessary to achieve the finality and general financial certainty sought by the Crown, but were challenged most prominently by Treasury. Nonetheless both iwi were able to obtain significant concessions. The subsequent limit set on the total financial scope of each settlement also influenced the amount of land that was returned. In addition the Crown’s overall control of the process influenced the type of Crown lands that would be returned, and in Waikato-Tainui’s case, the legal form in which land was returned. The negotiations regarding the historical accounts and apologies that accompanied each settlement similarly were influenced by the limitations imposed by the Crown, in contrast to the specific details sought by Ngāi Tahu and Waikato-Tainui.  The Crown was able to strengthen its governance by achieving settlements with Waikato-Tainui and Ngāi Tahu. Both iwi also were able to enhance their own rangatiratanga by settling their claims, enhancing their political power and influence regionally and nationally. Ultimately Waikato-Tainui and Ngāi Tahu’s Treaty settlements simultaneously reinforced the Crown’s sovereignty and kawanatanga and energised Ngāi Tahu and Waikato-Tainui’s pursuit of rangatiratanga.</p>

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour
Keyword(s):  
Latin America ◽  
South America ◽  
Latin American ◽  
Economic Life ◽  
Self Determination ◽  
The Political ◽  
Middle Classes ◽  
Latin Americans ◽  
Political Views ◽  
The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.

scholarly journals “Indigenous sovereignty” and right to self-determination in international law: a critical appraisal

2021 ◽  
Vol 17 (1) ◽  
pp. 71-82
Author(s):  
Rashwet Shrinkhal
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Critical Appraisal ◽  
Indigenous Population ◽  
Moral Authority ◽  
Self Determination ◽  
The Political ◽  
Indigenous Sovereignty

It is worth recalling that the struggle of indigenous peoples to be recognised as “peoples” in true sense was at the forefront of their journey from an object to subject of international law. One of the most pressing concerns in their struggle was crafting their own sovereign space. The article aims to embrace and comprehend the concept of “indigenous sovereignty.” It argues that indigenous sovereignty may not have fixed contour, but it essentially confronts the idea of “empire of uniformity.” It is a source from which right to self-determination stems out and challenges the political and moral authority of States controlling indigenous population within their territory.

GEOGRAPHY, ENLIGHTENMENT, AND IMPROVEMENT Geography and Enlightenment. Edited by David N. Livingstone and Charles W. J. Withers. Chicago: University of Chicago Press, 1999. Pp. viii+455. ISBN 0-226-48720-2 (hb). $52·00. 0-226-48721-0 (pb). $25·00. Nature's government: science, imperial Britain, and the ‘improvement’ of the world. By Richard Drayton. New Haven and London: Yale University Press, 2000. Pp. xxi+346. ISBN 0-300-05976-0. £25·00. Enlightenment geography: the political languages of British geography, 1650–1850. By Robert J. Mayhew. London: Macmillan, 2000. Pp. viii+324. ISBN 0-333-79186-X. £45·00.

2002 ◽  
Vol 45 (1) ◽  
pp. 229-233 ◽  
Author(s):  
FELIX DRIVER
Keyword(s):  
History Of Ideas ◽  
The Political ◽  
New Haven ◽  
Yale University ◽  
Botanic Garden ◽  
The Enlightenment ◽  
Lecture Theatre ◽  
History Of ◽  
Historical Accounts ◽  
University Of Chicago Press

What is Enlightenment? Few questions in the history of ideas can have given rise to more controversy, sustained over more than two centuries and extending into the furthest reaches of contemporary thought. In comparison, the ‘where’ of Enlightenment – the sites from which philosophes garnered their evidence, the settings in which their ideas took shape, the networks through which they were disseminated, the contexts in which they were interpreted – has received much less attention. It is not that these geographies have been altogether neglected. Distinctions between different ‘national’ Enlightenments (French, Scottish, English, and so on) are familiar, perhaps all too familiar, to historians of the eighteenth and early nineteenth centuries. At a smaller scale, it is difficult to imagine historical accounts of the Enlightenment world without some sort of tour of those paradigmatic sites – the coffee house, the botanic garden, the lecture theatre. There is a geography here, of sorts: but in truth it is often simply a stage for action, a passive background (sometimes ‘national’, sometimes ‘local’) to the real business of social and intellectual change. In recent years, however, intellectual historians in general, and historians of science in particular, have begun to pay more attention to these and many other sites, not simply as inert contexts but as vital components of the making and communication of new knowledge. Thus is a genuine geography of knowledge in the making.

Compositional Stasis and Flexibility in American Indian Tribes

Ethnohistory ◽  
2021 ◽  
Vol 68 (2) ◽  
pp. 191-213
Author(s):  
Raymond I. Orr ◽  
Yancey A. Orr
Keyword(s):  
American Indian ◽  
The Self ◽  
Self Determination ◽  
Governance Systems ◽  
Indian Tribes ◽  
The 1960S ◽  
Tribal Politics ◽  
Traditional Governance

Abstract American Indian tribal power has typically expanded since the 1960s. During this period, often referred to as the Self-Determination Era, tribes have regained much of their earlier political centrality. One rarely addressed limitation during this period is the inability of tribal polities to break into smaller units while maintaining recognition as legitimate. This essay identifies the inability of tribes to exercise what the authors call compositional flexibility and fracture to form new polities discrete of the previous tribe. The authors argue the absence of compositional flexibility shapes tribal politics and is at odds with many forms of traditional governance systems.

Introduction

2018 ◽  
pp. 1-23
Author(s):  
Dmitry Shumsky
Keyword(s):  
State Solution ◽  
Self Determination ◽  
The Political ◽  
Nation State ◽  
National State ◽  
National Group ◽  
National Movement ◽  
Left Base ◽  
The Way

This introductory chapter discusses the unquestioned identification between “Zionism” as a national movement that sought to realize the Jewish nation's self-determination in Palestine, and “the Jewish nation-state,” which has no room for the national collective existence of any particular national group other than the Jews and which represents the ultimate and teleological realization of the Zionist project. The vast majority of those who support the two-state solution, who are known as the “Zionist left,” base their position on the need to avoid the formation of a binational state in which the Jewish demographic majority would be endangered. They argue that this is the way to rescue what they consider to be the political core of the Zionist idea: a mono-national state for the Jewish political collective.

scholarly journals Autonomia Indígena no Pensamento Político de Taiaiake Alfred, Floriberto Díaz e Gersem Baniwa

2017 ◽  
Vol 11 (2) ◽  
pp. 23
Author(s):  
Ana Catarina Zema de Resende
Keyword(s):  
Indigenous Peoples ◽  
Political Thought ◽  
Self Determination ◽  
The Political ◽  
National Liberation ◽  
New Paradigm ◽  
Indigenous Autonomy ◽  
Rio Negro ◽  
Indigenous Movement ◽  
Indigenous Organizations

Nos últimos 30 anos, a autonomia se tornou um novo paradigma na luta dos povos indígenas por descolonização. Organizações indígenas de todo o continente americano assumiram a autonomia como demanda central. No entanto, o debate em torno das demandas indígenas por autonomia tem gerado muitas polêmicas decorrentes da incompreensão sobre o que querem os movimentos indígenas quando reivindicam seu direito à autodeterminação e autonomia. Para melhor entendimento dessa questão, interessa-nos, aqui, trazer alguns elementos e conceitos que possibilitem apreciar as contribuições de três intelectuais indígenas a esse debate: Taiaiake Alfred, mohawk do Canada; Floriberto Díaz, mixe de Tlahuitoltepec eGersem Baniwa, do povo Baniwa do Alto Rio Negro e das propostas do Exército Zapatista de Libertação Nacional (EZLN). Veremos que a maneira como esses intelectuais e o EZLN vêm construindo suas ideias sobre autonomia funciona como veículo para suas críticas à imposição de controle por parte do Estado, levando esse último a perceber as inconsistências de seus próprios princípios e do tratamento que dá aos povos indígenas.Palavras-Chave: Autonomia Indígena, Pensamento Político, Autodeterminação, Movimento Indígena.Autonomía indígena en el pensamiento político de Taiaiake Alfred, Floriberto Díaz, Gersem Baniwa y en las propuestas del EZLNResumen: En los últimos 30 años, la autonomía se ha convertido en un nuevo paradigma en la lucha de los pueblos indígenas por descolonización. Organizaciones indígenas de todo el continente americano asumieron la autonomía como demanda central. Sin embargo, el debate en torno a las demandas indígenas por autonomía ha generado muchas polémicas derivadas de la incomprensión sobre lo que quieren los movimientos indígenas cuando reivindican su derecho a la autodeterminación y a la autonomía. Para entender mejor esta cuestión, nos interesa, aquí, traer algunos elementos y conceptos que posibiliten apreciar los aportes de tres intelectuales indígenas a ese debate: Taiaiake Alfred, mohawk de Canada; Floriberto Díaz, mixe de Tlahuitoltepec y Gersem Baniwa, del pueblo Baniwa del Alto Río Negro y de las propuestas del Ejército Zapatista de Liberación Nacional (EZLN). Veremos que la manera como estos intelectuales y el EZLN vienen construyendo sus ideas sobre autonomía funciona como vehículo para sus críticas a la imposición de control por parte del Estado, llevando ese último a percibir las inconsistencias de sus propios principios y del trato que da a los pueblos indígenas.Palabras-clave: Autonomía Indígena, Pensamiento Político, Autodeterminación, Movimiento Indígena.Indigenous autonomy in the political thought of Taiaiake Alfred, Floriberto Díaz, Gersem Baniwa and in the EZLN proposalsAbstract: Over the last 30 years, autonomy has become a new paradigm in the struggle of indigenous peoples for decolonization. Indigenous organizations throughout the Americas assumed autonomy as a central demand. However, the debate over indigenous demands for autonomy has generated many controversies which were derived from the misunderstanding of what indigenous movements want when they claim their right to self-determination and autonomy. To better understand this question, we are interested here in bringing up some elements and concepts that make it possible to appreciate the contributions of three indigenous intellectuals to that debate: Taiaiake Alfred, mohawk from Canada; Floriberto Diaz, mixe of Tlahuitoltepec and Gersem Baniwa, from the Baniwa people of the Alto Rio Negro and of the Zapatista Army of National Liberation (EZLN) proposals. We will see that the way these intellectuals and the EZLN construct their ideas about autonomy functions as a vehicle for their criticism of the imposition of control by the State, leading the latter to perceive the inconsistencies of its own principles and the treatment it gives to indigenous peoples.Keywords: Indigenous Autonomy, Political Thought, Self-Determination, Indigenous Movement.

scholarly journals Rumours in a Situation of Political Conflict: Catalonia and Its Referendum of Self-Determination

2021 ◽  
Vol 84 ◽  
pp. 25-48
Author(s):  
Emili Samper ◽  
◽  
Carme Oriol ◽  
Keyword(s):  
Political Conflict ◽  
Self Determination ◽  
The Political ◽  
Independent State ◽  
The Face ◽  
The Media

Catalonia is in a situation of political conflict with the Spanish State regarding its right to self-determination, a conflict that has been exacerbated in recent years by the growing demand from a part of Catalan society for an independent state. Throughout this situation rumours have appeared in relation to events as they unfold. One of the key moments in the conflict was the referendum on self-determination, which was approved, prepared, and held on 1 October 2017, in the face of continuous opposition from the Spanish State. The tensions, uncertainties, and fears experienced by those in favour of the referendum were fuelled by rumours that in many cases were ultimately proven to be false. The present paper will analyse the rumours that emerged in relation to the referendum and the political atmosphere at that time. The study will analyse the rumours relating to aspects such as the logistics required to hold the referendum, the key figures in the process, the organizations that support it and the actions of the media, among others.

scholarly journals Indigenous people’s self-determination in the context of COVID-19 in northern Mexico

2021 ◽  
pp. 117718012110585
Author(s):  
Juan Jaime Loera Gonzaléz
Keyword(s):  
Self Determination ◽  
The Political ◽  
Political Rights ◽  
Community Responses ◽  
Northern Mexico ◽  
Current Health ◽  
Indigenous Groups ◽  
Political Relations ◽  
Indigenous Territories ◽  
Care Guidelines

This article presents various transformations registered in the political sphere and community participation due to the COVID-19 pandemic on Indigenous territories in northern Mexico. It explores the challenges of the Rarámuri and Ódami Indigenous people’s experience in guaranteeing their political rights and self-determination in the context of the COVID-19 pandemic, specifically when organising festivities and ceremonies that were unable to celebrate to comply with official health care guidelines. The article gives firsthand accounts of the political relations between Indigenous groups’ community responses and the Mexican government’s actions to mitigate the effects of the new coronavirus. The article draws on the argument that the current health emergency context is inserted into a complex network of pre-existing and structured power relations that largely define the scope of the actions taken because of the pandemic. Critically, the community responses emanating from Indigenous groups show crucial cultural differences in ways to deal with the disease.

scholarly journals Legal Form, COVID and the Political: Notes Towards a Critique of the Corpus Iuris Pandemici

2021 ◽  
Vol 96 ◽  
pp. 33-46
Author(s):  
Rafał Mańko
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Legal Theory ◽  
Law Enforcement Officers ◽  
The Political ◽  
Legal Form ◽  
Scientific Level ◽  
Critical Legal Theory ◽  
Difficult Times ◽  
Academic Resources

The scholarly analysis and critique of law always take place under circumstances of scarcity of academic resources. At any given moment, the number of academic jurists mastering a given legal system and being capable of analysing and critiquing it at a professional scientific level is limited. The pandemic of COVID-19 only exacerbated this phenomenon, exposing the importance of making methodological and paradigmatic choices. What critical legal theory teaches us is that the choice of method and approach to the analysis and critique of legal materials is not politically neutral. Asking about the political goals and choices behind solutions adopted by legislators, ministers, civil servants, law enforcement officers, and judges, and about the actual interests impacted by their decisions is much more important and topical in these difficult times. A sociologically oriented critical legal theory can provide the necessary tools for such an analysis of the corpus iuris pandemici.

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