scholarly journals The co-management of the Te Arawa Lakes

2021 ◽  
Author(s):  
◽  
Julia Kahu Harper-Hinton

<p>The restoration of indigenous rights to and interests in their traditional natural resources needs to be accompanied by practical ways in which indigenous values in relation to a resource can be met. Co-management or co-governance has emerged as an option for indigenous people in settling historical land and resource claims. Co-management offers a way in which governments and non-government entities such as and community or indigenous peoples can share decision-making over natural resources. However there are many different types and levels of co-management with, varying levels of participation and decision-making authority. Some are more effective than others at recognising indigenous values, authority and relationships. This dissertation discusses the New Zealand example of the co-management of the Te Arawa Lakes and provides an initial assessment of its cultural and environmental goals.</p>

2021 ◽  
Author(s):  
◽  
Julia Kahu Harper-Hinton

<p>The restoration of indigenous rights to and interests in their traditional natural resources needs to be accompanied by practical ways in which indigenous values in relation to a resource can be met. Co-management or co-governance has emerged as an option for indigenous people in settling historical land and resource claims. Co-management offers a way in which governments and non-government entities such as and community or indigenous peoples can share decision-making over natural resources. However there are many different types and levels of co-management with, varying levels of participation and decision-making authority. Some are more effective than others at recognising indigenous values, authority and relationships. This dissertation discusses the New Zealand example of the co-management of the Te Arawa Lakes and provides an initial assessment of its cultural and environmental goals.</p>


2021 ◽  
Author(s):  
Zoë Laidlaw

Rooted in the extraordinary archive of Quaker physician and humanitarian activist, Dr Thomas Hodgkin, this book explores the efforts of the Aborigines' Protection Society to expose Britain's hypocrisy and imperial crimes in the mid-nineteenth century. Hodgkin's correspondents stretched from Liberia to Lesotho, New Zealand to Texas, Jamaica to Ontario, and Bombay to South Australia; they included scientists, philanthropists, missionaries, systematic colonizers, politicians and indigenous peoples themselves. Debating the best way to protect and advance indigenous rights in an era of burgeoning settler colonialism, they looked back to the lessons and limitations of anti-slavery, lamented the imperial government's disavowal of responsibility for settler colonies, and laid out elaborate (and patronizing) plans for indigenous 'civilization'. Protecting the Empire's Humanity reminds us of the complexity, contradictions and capacious nature of British colonialism and metropolitan 'humanitarianism', illuminating the broad canvas of empire through a distinctive set of British and Indigenous campaigners.


Author(s):  
Alex Latta

States’ increasing recognition of Indigenous rights in the realm of natural resources has led to a variety of co-management arrangements and other forms of melded authority, evolving over time into increasingly complex governance relationships. This article takes up such relationships within the analytical frame of multilevel governance, seeking lessons from the experiences of Indigenous involvement in water policy in Canada’s Northwest Territories (NWT). It examines the way that effective collaboration in resource governance can emerge within the space of tension between evolving Indigenous rights regimes and the continued sovereignty of the state. At the same time, the analysis raises questions about whether multilevel governance can contribute to meaningful decolonization of relationships between settler states and Indigenous Peoples.


Resources ◽  
2019 ◽  
Vol 8 (2) ◽  
pp. 74 ◽  
Author(s):  
Emma Wilson

International standards refer to Indigenous peoples’ right to benefit from resource development, participate in decision-making and determine priorities in development planning that directly affects them. While good practice exists in benefit sharing, Indigenous peoples still lack opportunities for a meaningful role in strategic planning. In his role as UN Special Rapporteur on the Rights of Indigenous Peoples, James Anaya identified a ‘preferred model’ of resource development in which Indigenous peoples have greater control over planning decisions and project implementation, and consequently a more meaningful share of the benefits of resource development. This paper explores the requirements of international standards and guidance alongside different models of benefit sharing in practice by extractive industries in Arctic and sub-Arctic contexts. It is based primarily on desk-based analysis of international hard and soft law and industry standards, while also drawing on ethnographic field research in Russia and Norway. It highlights good practice within mainstream development scenarios and identifies models of benefit sharing that represent a greater degree of Indigenous participation and control. It concludes that there is a need to consider benefit sharing within an overall paradigm that allows greater space for Indigenous voices in decision making, including at the strategic planning stage.


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Elisabeth Veronika Wambrauw

Today sustainable development is a concern around the globe. Sustainable development should include improving well-being, equitable distribution, and the integration of ecological concepts which pass from generation to generation and across time. Sustainable ways of life have actually been practised by indigenous peoples inter-generationally.  The Indigenous Peoples have similarities around the world in that they are inseparable from nature, and use their knowledge to maintain their ecosystems of origin.  This attribute reflects the potential for traditional ecological knowledge to sustain the environment and help people survive. This increases the motivation for considering including traditional ecological knowledge when making decisions and assessing the environment and development, including development in the agricultural sectors.  One of the environmental assessments which integrates traditional values is the Mauri Model Decision Making Framework (MMDMF) which was developed in and for Aotearoa New Zealand. This assessment approach uses the concept of ‘mauri’. Mauri is an important element in Māori culture. It is the essence or life force, the spark of life  and  a central concept that informs sustainability. The framework measures four dimensions of wellbeing as the basis of the sustainability assessment: the mauri of community (social), the mauri of the family unit (economic), the mauri of the ecosystem (environment), and the mauri of the tribe (culture). Merauke regency is the location of a new agricultural development scheme, called the Merauke Integrated Food and Energy Estate (MIFEE). MIFEE is a national programme to develop the regency as a national and local granary. The purposes of this paper are  to examine the feasibility to transfer this assessment in the context of Merauke and to assess the sustainability of 1.2 Million Ha Merauke Integrated Food and energy Estate .  The results show that the MMDMF  is transferable and that although the assessment shows the project benefits the economic and social dimensions, the cultural and environmental dimensions are diminished.


Author(s):  
Kirsty Gover

Indigenous rights are now a core part of the constitutional frameworks of the western settler states, including Australia, Canada, and New Zealand. The recognition of specific group rights for indigenous peoples raises complex challenges for the political and legal theory of the liberal democracies. Notwithstanding the significant constitutional and historical differences between these three states, in the past several decades, all have embarked on processes of land claims settlement and official recognition of indigenous peoples. The resulting arrangements are designed to protect the distinctive identities of indigenous peoples, to give effect to historic agreements, and to restore indigenous rights to property, territory, and self-governance. Legal mechanisms include those giving effect to common-law aboriginal title rights, cultural rights and exemptions, self-governance rights, special representation rights, and nondiscrimination rights. In Canada and New Zealand, but not Australia, some indigenous rights are premised on historic treaties. Recognized indigenous rights are expressed in various provisions of public legislation (including, in Canada, the Constitution Act), in indigenous-state agreements on land claims and self-governance, in formal and informal agreements on local governance, and in official apologies. Literature on indigenous rights includes a small but important body of political theory exploring and critiquing the application of theories of cultural pluralism, a large field of secondary legal literature on country-specific arrangements, comparative work considering matters of transnational application in the western settler states, and a sizable body of work on anthropological and cultural theories of indigeneity. This bibliography is intended to provide a sample of commentary to guide researchers in forays into the rapidly developing field of indigenous rights and indigenous governance. There is a vast and growing body of commentary on the legal and political status of indigenous communities in the western settler states. This collection cannot hope to be comprehensive. The emphasis of this selection is on secondary legal sources and analysis and does not include reference to cases or legislation. Wherever possible, comparative works have been included, to show the development of transnational law and policy on indigenous peoples and the sharing of concepts across legal jurisdictions. Likewise, the bibliography has been designed to emphasize works on indigenous laws and institutions, and commentary by indigenous commentators.


2010 ◽  
Vol 17 (2) ◽  
pp. 241-263 ◽  
Author(s):  
Enzamaria Tramontana

AbstractBecause of the special relationship with land that characterises indigenous groups, rights over land and natural resources are at the heart of indigenous claims under international law. The Inter-American Commission on Human Rights and the Inter-American Court have developed a copious jurisprudence on the subject matter and contributed to the establishment of certain minimum indigenous peoples' land rights under customary international law. This article analyses the Inter-American judicial discourse on land issues in the light of the current status of relevant international law and reflects upon the potential contribution of the former to the further development of the latter. It focuses on the relationship between historical dispossessions and indigenous contemporary land claims, on the state duty to land delimitation, demarcation and titling, and on indigenous peoples' ownership over natural resources located within their traditional lands and their participatory rights in relation to resource exploitation.


2015 ◽  
Vol 7 (1) ◽  
pp. 317-351
Author(s):  
Mauro Mazza

Indigenous peoples of the Arctic are currently faced with a dilemma. On the one hand, the preservation of their customs, the traditional lifestyles and cultural values is closely related to the maintenance of the environmental characteristics of the territories inhabited since time immemorial. On the other hand, the needs of the development of economic activities, represented primarily by the extraction of minerals and exploitation of energy resources, pose new challenges with respect to which the decisions are not taken – as is obvious – only by Arctic indigenous communities, and that may also be important for the natives as a chance to better their overall living conditions (in terms of labor, employment and education, for example). Arctic states have addressed these issues with different legal tools. The latter range from US land claims settlements to recognition of ‘ancestral’ and treaty rights in the constitutional order of Canada, to the creation of Sámi Parliaments in the Nordic countries, or the peculiar rules for the county of Finnmark in Northern Norway, approved in 2005, which give broad powers to the indigenous communities. In turn, the Greenlandic statute of autonomy in force since 2009 did not prevent tensions between the Inuit communities in Greenland and the Danish central authorities regarding the exploitation of natural resources and energy, including uranium. Less adequate, in comparison with the other Arctic states, appears the protection of Sámi in northern Russia, not so much in terms of regulation, but from the point of view of the effective application of existing rules. Anyway, useful legal instruments for effective protection of specific minorities represented by Arctic indigenous peoples can come also from the provisions of the international law of human rights, both that specifically dedicated to the natives and the rules of general human rights. In the light, therefore, of the tensions, but also the opportunities, offered by the exploitation of natural resources, the article examines the legal systems of the Arctic states, with particular attention to the situation of indigenous peoples.


Author(s):  
Marzia Rosti

<p>The essay aims to illustrate and to reflect on the rights of indigenous peoples over their ancestral lands and natural resources in Argentina, in the context of the current law as well as government’s promises to mark the Bicentennial, in May 2010. Emerges a significant gap between current law, implementation and a failure to protection of ancestral rights for agricultural, extractive and mining projects promoted and developed by the current government affecting a group of indigenous rights: land, natural resources, food, health and development.</p><p><strong>Published online</strong>: 11 December 2017</p>


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