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30.12.09

Noruega. Master of Philosophy in Indigenous Studies

Categories: Postgrados

STV-3013 Indigenous Rights, Politics and Institution Building - 10 ects

The course is administrated by
Fakultet for humaniora, samfunnsvitenskap og lærerutdanning
Type of course
Theoretical.
The subject may be studied as a singular course.

Course contents

The course is organized in four parts. As a point of departure, the first part is a presentation and discussion of developments in international law related to indigenous issues. The aim of the second part is to give an introduction to the philosphical debate on justification of indigenous rights and the right to self-determination. The third part of the course will look upon the implementation of indigenous self-determination by assessing the level of indigenous participation, the relationship between indigenous political organizations and nation states, and the organization of decision-making procedures. The fourth part has an institutional focus as the Saami political influence in a Scandinavian context will be highligted and compared to other governernment and self-government structures in the circumpolar North.

1. Rights of indigenous peoples in international law
Normative instruments of international organizations (ILO, UN) and international law in general have been important both for the development of a common framework and for the attention paid to indigenous rights within nation-states. The aim of this part is to trace the emergence and development of indigenous peoples´ rights internationally, to explain the development and outcomes, and to discuss the importance of the international legal framework. The legal meanings and consequences of the concept of indigenous peoples will be analysed. Even though the emphasis is on indigenous peoples´ rights, an important goal will be to highlight the role of international law in general, for example related to universal human rights, and how international law is implemented within different nation-states.

2. Indigenous rights
The aim of this part is to present the current theoretical (philosophical) debate over indigenous rights. The discussion, encouraged by Will Kymlicka, has been lively and an important part of political theory for almost two decades. Important questions have been: How can minority rights be defended? What are specific indigenous rights, and can indigenous peoples make other claims than other minorities?

3. Indigenous self-determination
To fullfil the idea of indigenous rights and self-determination institutional arrangements have to be established. The goal for this part of the course is to discuss ways to organize for self-determination within different forms of government like federal states and unitary states, the framework for consultations proposed by the ILO. A discussion of self-determination as goal and idea is also included.

4. Indigenous political influence
Indigenous peoples all over the world have been struggling for recognition, rights, and self-determination. Groups living in the north have been among the more successful, as they have got legal protection, rules and institutions for self-determination, and a recognition for their vulnerable culture. The goal of this part is to present and discuss this development by focusing on nation-building processes, the development of indigenous politics and participation in decision-making, and the organization of institutions for indigenous governance. The situation for the Sami people in Scandinavia will be used as the main example.

 

 

Objective of the course

For the last two decades the debate over the situation for minorities and indigenous peoples has been rife in different disciplines, also in law, political science, and philosophy. The tensions have been over questions like rights, recognition, citizenship, and self-determination. This course aims to illuminate some of the key aspects in the debate over indigenous peoples in law and politics. The course will thus give an introduction to the debate on indigenous rights, give a presentation of political organization and indigenous political influence, and discuss different strategies for indigenous self-determination. The empirical emphasis will in particular be Sami politics and Sami political institutions.

Learning outcomes
Knowledge and analytical understanding
The aim of the course is to
- introduce students to the main debates in law and politics over indigenous rights;
- present examples of how questions of indigenous rigths have been raised, the outcomes of claims, and how different outcomes have been institutionalized;
- increase the ability to do critical examinations of claims for indigenous rights and the legitimacy of minority rights generally and indigenous rights specifically;

Skills and competences
Students follwing the course should
- have learned about the major instruments in international ? regarding indigenous peoples, how indigenous rights can be defended, and how self-determination can be handled institutionally;
- be able to present critical evaluations of indigenous rights debates - in public and for indigenous peoples;
- improve their skills as to understand how different systems of government influence and condition self-determinations arrangements.

 

Language of instruction and examination
English

Teaching methods

24-30 hours of lectures/seminars. Students will be encouraged to participate by giving short presentations (possibly from different regions/countries) and to take part in discussions.

 

Assessment methods

One written university-based exam (3 hours), and one take-home exam (2000 words). Each exam has an approximately equal weight on the final mark. Marking is made according to the scale from A to F, where F is fail.

 

 

Date for examination
Skriftlig eksamen: 08.12.2009

The date for the exam can be changed. The final date will be announced at your faculty early in May and early in November. Skriftlig eksamen
Recommended reading/syllabus
Autumn 2009 - Required reading/syllabus
Rights of indigenous peoples in international law

Anaya, S. James: Indigenous Peoples in International Law. Chapters 3-7, Oxford: Oxford University Press, Second Edition, 2004.

Indigenous rights
*Chandran Kukathas: "Are There Any Cultural Rights?" Political Theory 20 (No. 1/1992), pp. 105-139 (35 p)

*Will Kymlicka: "The Rights of Minority Cultures: Reply to Kukathas." Political Theory 20 (No. 1/1992), pp. 140-146 (7 p)

Will Kymlicka: Multicultural Citizenship, Chapters 2, 5, 6, 7. Oxford: Clarendon Press, 1995 (124 p)

*Will Kymlicka: "Theorizing Indigenous Rights," in Will Kymlicka: Politics in the Vernacular: Nationalism, Multiculturalism and Citizenship. Oxford: Oxford University Press, 2001 (pp. 120-132) (13 p)

*James Tully: "The Struggles of Indigenous Peoples for and of Freedom," in Duncan Ivison et al. (eds): Political Theory and the Rights of Indigenous Peoples. Cambridge: Cambridge University Press, 2000 (pp. 36-59 + notes) (28 p)

Jarle Weigård: "Is There a Special Justification for Indigenous Rights?", in Henry Minde et al. (eds): Indigenous Peoples: Self-determination - Knowledge - Indigeneity. Delft: Eburon, 2008 (pp. 177-192).

Indigenous self-determination
*Archibugi, Daniele (2003): "A Critical Analysis of the Self-determination of Peoples: A Cosmopolitan Perspective". Constellations, 10 (4):488-505. (17 p)

Karppi, Kristina (2002): "Choices and negotiation: Public policy as minority politics". In Karppi, Kristiina and Johan Eriksson (eds) (2002): Conflict and Cooperation in the North. Umeå: Norrlands Universitetsförlag. (12 p)

*Kingsbury, Benedict (2005): "Reconstructing Self-Determination: A Relational Approach". In Pekka Aikio and Martin Scheinin (ed): Operationalizing the Right of Indigenous Peoples to Self-Determination. Turku/Åbo: Institute for Human Rights, Åbo Akademi University. (20 p)

*Kymlicka, Will (2005): "Federalism, Nationalism, and Multiculturalism". In Dimitrios Karmis and Wayne Norman (ed): Theories of Federalism. A Reader. Houndmills, Basingtoke: Palgrave Macmillan. (24 p)

Lewis, Dave (2002): "Ethnic mobilisation: The case of indigenous political movements". In Karppi, Kristiina and Johan Eriksson (eds) (2002): Conflict and Cooperation in the North. Umeå: Norrlands Universitetsförlag. (28 p)

*Lijphart, Arend (1995): "Self-Determination versus Pre-Determination of Ethnic Minorities in Power-Sharing Systems". In Will Kymlicka (ed): The Rights of Minority Cultures. Oxford: Oxford University Press. (13 p)

Magga, Ole Henrik (2002): "The Saami Parliament: Fulfilment of self-determination?". In Karppi, Kristiina and Johan Eriksson (eds) (2002): Conflict and Cooperation in the North. Umeå: Norrlands Universitetsförlag. (14 p)

*Noël, Alain (2006): "Democratic Deliberation in a Multinational Federation". Critical Review of International Social and Political Philosophy, 9 (3): 419-444. (25 p)

Sillanpää, Lennard (2002): "Government responses to Saami self-determination". In Karppi, Kristiina and Johan Eriksson (eds) (2002): Conflict and Cooperation in the North. Umeå: Norrlands Universitetsförlag. (29 p)

*Tully, Charles (2004): "Recognition and Dialogue": The Emergence of a New Field". Critical Review of International Social and Political Philosophy, 7 (3): 84-106. (22 p)

*Wheatley, Steven (2003): "Deliberative Democracy and Minorities". European Journal of International Law, 14 (3):507-527. (20 p)

*Young, I. M. (2007): "Two Concepts of Self-Determination". In Iris Marion Young: Global Challenges. War, Self-Determination and Responsibility for Justice. Polity Press

Indigenous political influence

*Bankes, Nigel: "Legal Systems." In Arctic Human Development Report, 2004, Akureyri: Stefansson Arctic Institute (18 p)

*Broderstad, Else Grete, Chapter VI: The Bridge-Building Role of Political Procedures in The Bridge-Building Role of Political Procedures. Indigenous Rights and Citizenship Rights within and across the Borders of the Nation-State (43 p)

*Broderstad, Else Grete, Dahl, Jens: "Political Systems." In Arctic Human Development Report, 2004, Akureyri: Stefansson Arctic Institute (15 p)

Forrest, Scott (2002). "The territorial dimension of state-Saami politics". In Karppi, Kristiina and Johan Eriksson (eds) (2002): Conflict and Cooperation in the North. Umeå: Norrlands Universitetsförlag. (18 p)

*Henriksen, John B. (2008): "The continuous process of recognition and implementation of the Sami people´s right to self-determination". Cambridge Review of International Affairs, 21 (1):27-40 (13 p).

Koivurova, Timo; Henna Tervo and Adam Stepien: "Indigenous Peoples in the Arctic".
http://www.arctic-transform.org/download/IndigPeoBP.pdf (30 p)

*Timo Koivurova and Leena Heinämäki (2006): "The participation of indigenous peoples in international norm-making in the Arctic". Polar Record 42 (221): 101-109.

*Minde, Henry: "Sami Land Rights in Norway: A Test Case for Indigenous Peoples". International Journal on Minority and Group Rights. Special Issue on Sami Rights in Finland, Norway, Russia and Sweden. Guest Editor: Andreas Føllesdal, Vol 8 Nos.2-3 2001, Kluwer Law International (18 p)

*Oskal, Nils: "Political Inclusion of the Saami as Indigenous People in Norway." International Journal on Minority and Group Rights. Special Issue on Sami Rights in Finland, Norway, Russia and Sweden. Gues Editor: Andreas Føllesdal, Vol 8 Nos.2-3 2001, Kluwer Law International (26 p)

Thuen, Trond (2002): "In search of space: Challenges in Saami ethnopolitics in Norway 1979-2000". In Karppi, Kristiina and Johan Eriksson (eds) (2002): Conflict and Cooperation in the North. Umeå: Norrlands Universitetsförlag. (18 p)

Tuulentie, Seija (2002): "National rejection of Saami claims in Finland". In Karppi, Kristiina and Johan Eriksson (eds) (2002): Conflict and Cooperation in the North. Umeå: Norrlands Universitetsförlag. (18 p)



Lectures Autumn 2009
Coordinator: Professor Hans-Kristian Hernes
Lecture First lecture: August 20 at 10.15 - room C-1007


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