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Kursplan:

The Rights of Indigenous peoples and Governance of renewable Resources, 7,5 hp

Kursen är nedlagd från och med 2023-09-25

Engelskt namn: The Rights of Indigenous peoples and Governance of renewable Resources

Denna kursplan gäller: 2014-01-20 och tillsvidare

Kurskod: 2JU114

Högskolepoäng: 7,5

Utbildningsnivå: Avancerad nivå

Betygsskala: Tregradig skala

Ansvarig institution: Juridiska institutionen

Beslutad av: Prefekten, 2013-12-04

Innehåll

The course will offer students an overview of indigenous peoples’ rights and how these rights interact with governance of renewable resources. The course will highlight a number of key issues in the discussion about indigenous peoples’ rights. The role of international organizations and international instruments for the protection of indigenous peoples’ rights such as The Declaration on Rights of Indigenous Peoples, adopted by the General Assembly in September 2007, and the International Labour Organization (ILO) Convention 169, will be introduced and discussed. Also other international instruments that acknowledge the special relationship between indigenous peoples and their lands will be introduced and analysed, such as the Rio Declaration of Environment and Development, Agenda 21 and the Convention on Biological Diversity. The issues will be dealt with both from the perspectives of the states and indigenous peoples. The situation of the Sami people in Sweden will be used as an example of how indigenous peoples’ rights are interpreted in a national perspective. The rights of the Sami people in Sweden will be presented and also examples of governance of natural resources in Sweden where the Sami take part.

Förväntade studieresultat

After having successfully completed the course, the student will have:

·         detailed knowledge of indigenous peoples’ rights to land, the institutions where indigenous peoples’ rights are developed on an international level and the specific protection provided to indigenous peoples,
·         detailed knowledge of how the rights of indigenous peoples can be respected and interpreted in systems of governance of renewable resources,
·         an immersed capability to understand the preconditions that indigenous peoples live under,
·         an immersed capability to compare the preconditions of the Sami to other indigenous peoples.

Behörighetskrav

Univ.: A minimum of 90 university credits in one main field of social sciences studies or in forest science, including an individual essay carrying at least 15 university credits, or 120 university credits from the Law Programme, or equivalent qualifications. Proficiency in English equivalent to Swedish upper secondary course English A (IELTS (Academic) with a minimum overall score of 5.5 and no individual score below 5.0. TOEFL PBT (Paper-based Test) with a minimum total score of 530 and a minimum TWE score of 4. TOEFL iBT (Internet-based Test) with a minimum total score of 72 and a minimum score of 17 on the Writing Section). Where the language of instruction is Swedish, applicants must prove proficiency in Swedish to the level required for basic eligibility for higher studies.

Undervisningens upplägg

The teaching will essentially consist of lectures and seminars. External experts will be invited to lecture and discuss current developments within their respective fields. Active participation by the students in analyzing and discussing arguments and trends is critical. Participating students are required to carefully study all assigned texts and cases before each seminar. Further instructions on the requirements for each seminar will be handed out as the course proceeds. All teaching and seminars will be in the English language. A student who has been accepted and registered for the course has the right to teaching and guidance only during the term/academic year when he/she was accepted and registered.

Examination

Examination takes place through fulfillment of two parts, partly the compulsory course elements specified in component 1 below, partly writing a research paper specified in component 2 below.  

Component 1 

Active participation during compulsory seminars.

Component 2

Fulfillment of a research paper.

Grades

A passing grade on the activities under components 1-2 above are required to receive a passing grade for the course as a whole. For component 1 the grades Fail (U) or Pass (G) can be awarded. On the research paper the grades awarded are Fail (U), Pass (G) and Pass with distinction (VG).

On the entire course, the grades given are Fail (U), Pass (G) and Pass with Distinction (VG). The grade for the course as a whole is based on the result of the research paper and awarded after the completion of all compulsory course elements.

The appointed examiner may decide to use other forms of examination if required by particular circumstances. A student who has not received a passing grade on a test will be afforded an opportunity for re-examination. A student who has passed examination may not be re-examined. A student who has taken two tests for a course or segment of a course, without passing, has the right to have another examiner appointed, unless special reasons exist. A written request for change of examiner is submitted to the Director of Undergraduate Studies.

Academic credit transfer
Students have the right to apply to have a previous education or experience evaluated for transfer of credits. For more information, see: www.umu.se/utbildning/antagning/tillgodoraknande/

Litteratur

Giltig från: 2014 vecka 4

Course literature

Berkes, F, Colding, J, and Folke, C, Rediscovery of traditional ecological knowledge as adaptive management, Ecological Applications, Ecological Society of America, 2000, 10 (5), 1251–1262 Colchester, M, Conservation policy and indigenous peoples, Environmental Science & Policy, 2004, 7 (3), 145–153 Lantto, Patrik, & Mörkenstam, Ulf, Sami Rights and Sami Challanges, Scandinavian Journal of History, 2007, 33:1, s. 26–51

Allard Christina
Two sides of the coin - rights and duties : the interface between environmental law and Saami law based on a comparison with Aoteoaroa/New Zealand and Canada
Allard, Christina : 543 s. :
http://epubl.ltu.se/1402-1544/2006/32
Läsanvisning: (pages 15-37, 65-70, 326-332, 386-484).

Anaya S. James
Indigenous peoples in international law : S. James Anaya
2. ed. : Oxford : Oxford University Press : 2004 : xi, 396 s. :
ISBN: 0-19-517349-x (inb.)
Obligatorisk
Se Umeå UB:s söktjänst

Environmental governance
Lemos M.C., Agrawal A
Ingår i:
Annual review of environment and resources
Palo Alto, Ca : Annual Reviews : 2003 : xi, 515 s. : ill. : 31 : sid. 297-325 :
Obligatorisk

Nadasdy Paul
Transcending the Debate over the Ecologically Noble Indian: Indigenous Peoples and Environmentalism.
Ethnohistory 52(2):291-331. : 2005 :
Obligatorisk

Piattoni Simona
Multi-level Governance: a Historical and Conceptual Analysis
Ingår i:
Revue d'intégration européenne.
Amsterdam : Harwood Academic Publishers : 31 : sid. 163-180 :
Obligatorisk

Poirier, R. & Ostergren, D., Evicting People from Nature: Indigenous Land Rights and National Parks in Australia, Russia, and the United States, Natural Resources Journal, 2002, 42 (2), 331–351. Riseth, J.Å, An Indigenous Perspective on National Parks and Sámi Reindeer Management in Norway. Geographical Research, 2007, 45 (2), 177–185 United Nation Declaration on the Rights of Indigenous Peoples, see: http://www.un.org/esa/socdev/unpfii/en/declaration.html. Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya, The situation of the Sami people in the Sápmi region of Norway, Sweden and Finland, Human Rights Council, 6 June 2011, A/HRC/18/35/Add.2. Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya, Extractive industries operating within or near indigenous territories, Human Rights Council, 11 July 2011, A/HRC/18/35. Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya, Extractive industries and indigenous peoples, Human Rights Council, 1 July 2013, A/HRC/24/41.