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An Assertion Of The Rights Of The Malësore As Indigenous Peoples In Present-Day Montenegro, Sarina Jaqueline Culaj

Senior Projects Spring 2023

Senior Project submitted to The Division of Social Studies of Bard College.

Desalination And Development: Locating The Missing Masses In Dakar’S Water Network, Marina Riad

Scripps Senior Theses

The introduction of desalination technology to the water network in Dakar, Senegal marks a monumental change in how state and commercial interests aim to solve systemic problems using novel technologies. Desalination aims to transform the ocean surrounding Dakar into potable water, a vital resource in the growing metropolis. However, this desalination project must integrate itself within a network of social, historical, political, commercial, and ecological influences shaping the role of desalination in urban Dakar. With millions of dollars and an entire ocean mobilized towards solving Dakar’s water problems, it may come as a surprise that this project will only provide …

The Penobscot Nation, The State Of Maine, And The River Between Them, Jarred Haynes

Honors College

Since the arrival of Europeans in North America, Native Americans have been enticed into deceptive treaties and agreements that dispossessed them of their land, significantly alter their autonomy, and infringed on their sovereign rights. Sticking with this tradition, the State of Maine, today, is apprehensive to recognize Wabanaki sovereign rights, as guaranteed in federal Indian law. The rights and benefits that tribes have in other states, such as federal legislation regarding tribal healthcare, are withheld from Wabanaki Nations. This trepidation leaves Maine’s Native peoples vulnerable to political exploitation and environmental degradation. I endeavor to understand how Maine’s Land Claims Settlement …

The Territory, John C. Lyden

Journal of Religion & Film

This is a film review of The Territory (2022), directed by Alex Pritz.

Cbe Waves Newsletter: January 2022, Various

Newsletters

The Chumash Heritage National Marine Sanctuary; The Evolution of Thinking on the Ocean Economy, Journal of Ocean and Coastal Economics, Volume 8, Issue 2; The Middlebury Climate Change Semester: Inaugural Program Begins; The Ocean Needs Our Help-Now

Breathing Life Into Our Living Tree And Strengthening Our Constitutional Roots: The Promise Of The United Nations Declaration On The Rights Of Indigenous Peoples Act, Naiomi Metallic

Articles, Book Chapters, & Popular Press

In 2015, the Truth and Reconciliation Commission of Canada (“TRC”) suggested that, despite over 30 years of interpretation in the courts, section 35 of the Constitution Act, 1982, which “recognizes and affirms” the Aboriginal and treaty rights of the Aboriginal peoples of Canada, is not achieving meaningful reconciliation. The TRC defined reconciliation as being about “establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country.” According to the TRC, the “reconciliation vision that lies behind Section 35 should not be seen as a means to subjugate Aboriginal peoples to an absolute sovereign Crown,” implying this …

Indigenous Rights And Interests In A Changing Arctic Ocean: Canadian And Russian Experiences And Challenges, Anna Sharapova, Sara L. Seck, Sarah L. Macleod, Olga Koubrak

Articles, Book Chapters, & Popular Press

The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and …

Indigenous Stewardship Should Be Central To Conservation Efforts, International Study Finds, Beth Staples

Social Justice: Diversity, Equity, & Inclusion

Darren Ranco says Indigenous peoples should be part of land use decisions, including whether to expand the quarantine zone for the emerald ash borer in northern Maine. "We have to be at the table because proof is in the pudding," says the University of Maine associate professor of anthropology, chair of Native American Programs, and citizen of Penobscot Nation. "When Indigenous people are on the land and making decisions about land management, biodiversity increases."

Going Off The Rails On The Mayan Train: How Amlo’S Development Project Is On A Fast Track To Multiple Violations Of Indigenous Rights, Jared Green

American University International Law Review

No abstract provided.

Wolastoqiyik And Mi’Kmaq Grandmothers - Land/Water Defenders Sharing And Learning Circle: Generating Knowledge For Action, Sherry Pictou, Janet Conway, Angela Day

Reports & Public Policy Documents

This report is a summary of the Grandmothers/Defenders’ stories and are interwoven with corresponding news articles, press releases, and other public documents. This is followed by an overview of some of the critical common issues and importantly, strategies for moving forward proposed by the Grandmothers/Defenders.

The Grandmother’s Report is a collection of stories told by Wolastoqiyik Grandmother/Defenders against the Sisson Mine in New Brunswick and Mi’kmaq Grandmothers against the Alton Gas project in Nova Scotia at the event, Indigenous Grandmothers Sharing and Learning Circle: Generating Knowledge for Action, held at the Tatamagouche Centre in Nova Scotia, January 26 to 27, …

Nature's Rights, Christiana Ochoa

Articles by Maurer Faculty

Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, …

With Great(Er) Power Comes Great(Er) Responsibility: Indigenous Rights And Municipal Autonomy, Alexandra Flynn

All Faculty Publications

This article asks how the dialogue surrounding greater municipal autonomy intersects with Aboriginal rights and title, recognized under section 35 of the Constitution Act, 1982 (Constitution), with a particular focus on Toronto. The first part of this article sets out the ways in which Toronto sought empowerment following the Better Local Government Act or Bill 5, including judicial consideration of the constitutional role of Canadian municipalities, the legislative advances made by provincial governments, and the yet-implemented possibilities of protection through a little-used mechanism within the Constitution. Part II analyzes the obligations of municipalities in respect of Indigenous Peoples …

Distinction Between Indigenous And Western Cultural Conceptions Of The Earth And Its Relation To The Environment, John M. Zak

Student Publications

The differences between Indigenous and Western cultural conceptions of the Earth is a major cleavage between both communities and a source of tension and misunderstanding. Native American religious beliefs in communal ethics, the belief in the Earth and nature more broadly being a source of spiritual fulfillment and enlightenment, has encouraged Native Americans to work to safeguard the environment they feel a spiritual connection to. This is contrasted in Western notions of human centrality that encourages Western consumer economies to exploit resources for commercial profit that has led to the dispossession of Native lands and desecration of its sacredness in …

Environmental Transformative Justice: Responding To Ecocide, Manuel Rodeiro

Dissertations, Theses, and Capstone Projects

My dissertation’s central objective is to normatively devise ethically appropriate sociopolitical and juridical responses to ecocide (i.e., grave environmental harm). More specifically, the work seeks to philosophically engage the ethical question of what is owed to human societies that are displaced due to intentional environmental destruction.

The motivation behind the project stems from the lack of academic research (excluding a pocket of recent analysis of the international community’s obligation to assist ‘climate refugees’) involving the question: “What ought to be afforded victims of environmental harm?” The dearth of scholarship is surprising, considering growing global concerns, vis-à-vis accelerating rates of environmental …

There Is No Free: An Indigenous Informed Perspective On Free, Prior And Informed Consent, Nicole Burns

Theses and Dissertations (Comprehensive)

Many Indigenous nations in Canada are faced with complex issues surrounding proposed development on their lands. There are numerous rights frameworks that support Indigenous Peoples’ inherent rights, which includes their right to free, prior and informed consent (FPIC) in relation to any development that would impact their lands. This case study examined the various perspectives of Matawa First Nations in regard to their experiences of consultation with government and industry. This study was conducted by performing document review and analysis of three focus groups (n=20), a video analysis of the APTN documentary series Ring of Fire and survey distribution and …

End Racism On Campus: Justice For Indigenous Students, Desiree Nicole Vargas

Social Justice: Diversity, Equity, & Inclusion

Screen capture of a Facebook event announcement for an "End Racism on Campus" gathering held on the University Mall at UMaine on Monday, October 28, 2019

This Is A River: Malaysian Borneo Research Expedition, Gigi Buddie

EnviroLab Asia

No abstract provided.

Disease Prevalence And Politics- A Study Of Chagas Disease In Bolivia, Rebecca Dickson

Access*: Interdisciplinary Journal of Student Research and Scholarship

Reducing disease prevalence within South America is critical for reaching global health goals and increasing life expectancy of vulnerable populations. Chagas disease, often referred to the “the New HIV/AIDS of the Americas,” is a prevalent cause of disability and death within Bolivia (Hotez et al. 1). The Plurinational State of Bolivia, a large South American nation-state, is a crucial player in promoting global health outcomes. However, intra-state political turmoil and historical tensions often affect its healthcare systems, which in turn affect individual health outcomes. This paper traces these connections within the Bolivian healthcare system- first by identifying political and cultural …

Questions Of Sovereignty: Pyramid Lake And The Northern Paiute Struggle For Water And Rights, Andrew W. Carey

Anthropology ETDs

The current U.S. government policy of Indian Self-Determination is determined by the principle of tribal sovereignty, which defines how issues identified in Indian Country are addressed. However, tribal sovereignty represents an ideal that has regularly been ignored or contested by private and corporate entities, as well as state and federal government agencies. My research explores this case study of the successful assertion of tribal sovereignty by the Pyramid Lake Paiute tribe as they worked to save Pyramid Lake, the spiritual and economic heart of their reservation. The Pyramid Lake Tribe employed several strategies to secure water for Pyramid Lake and …

Indigenous Rights, Environmental Rights, Or Stakeholder Engagement? Comparing Ifc And Oecd Approaches To The Implementation Of The Business Responsibility To Respect Human Rights, Sara Seck

Articles, Book Chapters, & Popular Press

The Organisation for Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises (OECD MNE Guidelines) and the International Finance Corporation (IFC) Performance Standards on Environmental and Social Sustainability (IFC Performance Standards) are widely viewed as key international standards to which extractive companies operating internationally should comply. Indeed, these standards, together with the United Nations (UN) Guiding Principles on Business and Human Rights (UNGPs), are promoted by Canada in its November 2014 enhanced corporate social responsibility (CSR) strategy for extractive sector companies operating abroad. The strategy states that the Canadian government expects companies operating outside of Canada to “respect human rights …

Biagaweit: Securing Water From The Mighty River In The Snake River Basin Adjudication, Jeanette Wolfley

Faculty Scholarship

This symposium article describes the Shoshone and Bannock peoples journey to quantify their water rights in the SRBA. It begins with the Shoshone-Bannock Tribal cultural perspective on water and water rights. It then discusses the concept of tribal homelands and the water required and necessary for sustaining a tribally reserved home as guaranteed in the Fort Bridger Treaty of 1868, including a discussion of the Winters doctrine which affirms the treaty's promises. It concludes with a review of the Fort Hall Indian Water Rights Agreement. 'Biagaweit' is the Shoshone word for the Snake River. The mighty Snake River begins its …

Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith

Theses and Dissertations (Comprehensive)

Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …

Indigenous Rights Before The Inter-American Court Of Human Rights : A Call For A Pro Individual Interpretation, Valerio De Oliveira Mazzuoli, Dilton Ribeiro

The Transnational Human Rights Review

In its traditional conception, international law regulates relations between sovereign states. This definition is challenged by current developments of international law, especially in the area of human rights. The human person is arguably a bearer of rights and duties under international law. However, recognizing this individual legal personality is not enough. International bodies and treaties need to acknowledge that individuals are subjects of international law within a pluralistic world. In other words, the law of nations must crystalize the idea that individuals are, with all their cultural differences, subjects of international law. The Inter-American Court of Human Rights recognizes this …

Accountability Across Borders: Mining In Guatemala And The Canadian Justice System, Shin Imai, Bernadette Maheandiran, Valerie Crystal

Shin Imai

This paper has been updated and revised and is now available on ssrn as: "Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala" http://ssrn.com/abstract=2358981.

Goldcorp And Hudbay Minerals In Guatemala (2010 Update), Bernadette Maheandiran, Jessica Difederico, Rolando Aguilera, Shin Imai

Shin Imai

Canadian mining in Guatemala has been associated with violence and death. Opposition to an INCO mine in the El Estor region in the 1960’s resulted in the assassination of two law professors, and another activist has been killed in 2009. In the San Marcos region of Guatemala, two deaths are associated with the opening of a mine now owned by Goldcorp. Indigenous opposition to the mines continues in both regions. This article updates an article originally published in 2007which ties the events in Guatemala to efforts in Canada to hold Canadian mining companies accountable.Parts of this article dealing with HudBay …

What Is The Likelihood Of Being Heard? An Examination Of The Relationship Between Decentralization, Strength In Indigenous Movements, And Meaningful Consultation With Indigenous Groups In Latin America, Brittany M. Bromfield

Political Science Theses

There is a gap in the literature that does not explain the circumstances under which Latin American governments allow MNCs to expand and violate indigenous protection laws. I examine how the capacities of indigenous groups, economic autonomy, and pro-indigenous policies impact government decisions in regards to indigenous land rights. In recent years, indigenous rights are increasingly recognized in Latin America, but with the pressure for economic development to compete internationally, Latin American governments sometimes violate indigenous rights in order to attract multinational corporations. I hypothesize that high economic autonomy, pro-indigenous policies, and strong indigenous groups lead to a higher likelihood …

El Rol Del Parto Mapuche En El Mundo De La Medicina Moderna / The Role Of Mapuche Birth In A World Of Modern Medicine, Nita Chai

Independent Study Project (ISP) Collection

Research Question: Is there existing demand for Mapuche birth practices and what are the barriers to incorporating them in the Chilean healthcare system? Objective: Analyze the current role of Mapuche birth practicesby determining what is the demand from the Mapuche for their use, describing the quality of communication between Mapuche women andmodern professionals, and identifying the perspectives of modern professionals on Mapuche birth practices. Background: Childbirth is an integral process for the human race. For many indigenous communities, the arrival of a new life holds cultural significance that is recognized through ceremonies during or after childbirth. Chile has implemented health …

We Put Down Our Guns And Picked Up Microphones: Community Radio As A Conduit For Community Development In Guatemala, Elizabeth Halpin

Latin American Studies ETDs

The intent of this thesis is to explore how community radio in Guatemala is used as a tool for community development. The concept of development I use is based off the idea that in order to build and maintain a sustainable quality of life there must be a solid community foundation for social capacity. Approaching radio as a conduit for change, I examine the various roles the radio takes on in order to enhance the overall quality of life by serving as (1) a channel for community knowledge; (2) a platform for indigenous rights; (3) a pillar for community solidarity; …

The Potential Economic Impacts Of The Proposed Central Coast National Marine Sanctuary, Jason Scorse, Dr. Judith T. Kildow

Publications

The U.S. National Marine Sanctuary designation process is being reopened after 20 years, and coastal communities across the country are being encouraged to submit nominations. In response, there is a proposal for a new California Central Coast Marine Sanctuary, stretching from the Channel Islands to the northern tip of San Luis Obispo County. This report provides our best estimates from available and extrapolated information, of the potential economic impact on San Luis Obispo County, if this proposed National Marine Sanctuary becomes a reality.

Communities seek Sanctuary designation for many reasons, including the preservation of unique cultural and natural resources, permanent …

“It Is Laced With Faults”: American Indians, Public Participation And The Politics Of Siting A High-Level Nuclear Waste Repository, Jesse P. Van Gerven

Societies Without Borders

In this article I analyze American Indian claims made during the siting process for a high-level nuclear waste repository at Yucca Mountain, Nevada. By utilizing the concepts of distribution and recognition (Fraser 2003) to analyze American Indian claims for financial compensation, cultural artifact/resource protection, and environmental justice I reveal the existence and extent of both objective and intersubjective obstacles preventing greater public participation in environmental decision-making. Through a textual/discourse analysis of public documents associated with the Yucca Mountain Project, my analysis demonstrates how distributive and recognitional injustices impede democratic participation in environmental decision-making, which contributes to the continuation of environmental …