TE PIRINGA FACULTY OF LAW
Indigenous Peoples’ Rights 2013 Outline
1.
Identification of Paper
Paper: LAWS 414-13B
This paper carries 20 points
2.
Staffing
3.
Linda Te Aho
(Convenor)
Phone: 8811
Room: Law G.14
email: l.teaho@waikato.ac.nz
Available by appointment
Andrew Erueti
Phone: 8218
Room: Law G.19
email: To be advised
Available by appointment
Description and Structure of Paper
This paper will explore the construction, development and implementation of indigenous
peoples’ rights domestically and internationally.
(b) Structure of the Paper
This is a B semester paper. The teaching component comprises two 2-hour lectures
each week as set out below:
Mon
Wed
16:00 18:00 LAW.G.03
14:00 16:00 K.3.19
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities
for high achievement in law papers. Attendance is required for satisfactory completion of
the paper.
4.
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Learning outcomes
A student who has successfully completed this course will understand and have
knowledge of:
the social construction and meaning-making surrounding concepts and experiences of
indigeneity
the context of colonisation and its impact upon indigenous peoples’ experiences and
relationships with states/governments and dominant and other populations in shared
territories
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the ideas and origins of ‘indigenous peoples’ rights’ and their implications for indigenous
peoples and for their relationships with states/governments and dominant and other
populations in shared territories
the nature, possibilities and limitations of indigenous peoples’ rights for indigenous
peoples
key international and domestic developments concerning indigenous peoples’ rights
implications of indigenous peoples’ rights discourse within Aotearoa New Zealand
consideration of specific topics of indigenous peoples’ rights
A student will be able to
 develop understanding and empathy for indigenous peoples’ experiences and aspirations
 explicitly identify and engage with their own socially-constructed paradigms
 consider the effects of their own socially-constructed paradigms upon their capacity for
understanding and empathy for indigenous peoples’ experiences and hopes
 explore their own relationships to/with indigenous peoples and their concerns
 express their own thoughts in relation to the issues and concerns of indigenous peoples’
rights
 understand how the core international and regional human rights bodies address the
issues raise by indigenous peoples
 understand why and how indigenous peoples social movements have emerged around the
world and their relationship to one another.
 Understand core arguments relating to the normative bases of indigenous peoples’ rights
5.
Workload
Students should expect to spend 200 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $21.85 incl GST.
In addition to the recommended texts identified below, Te Piringa Faculty of Law requires that
students purchase the course materials book(s) for this paper. These are available from Waikato
Print.
Aikio, P and Scheinin M (eds) Operationalizing the Right of Indigenous Peoples to SelfDetermination (Finland: Institute for Human Rights, 2000)
Anaya, SJ Indigenous Peoples in International Law (Oxford: Oxford University Press, 2004)
Ballara, A Iwi The dynamics of Māori tribal organisation from c.1769 to c1945 (Wellington: VUP,
1998)
Garkawe, S; Kelly, L and Fisher, W (eds) Indigenous Human Rights (Sydney: The University of
Sydney, 2001)
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Keal, P European Conquest and the Rights of Indigenous Peoples- The Moral Backwardness of
International Society (Cambridge: Cambridge University Press, 2003)
Knop, K Diversity and Self-Determination in International Law (Cambridge: Cambridge University
Press, 2002)
Lâm, MC At the Edge of the State: Indigenous Peoples and Self-Determination (New York:
Transnational Publishers, Inc., 2000)
Thornberry, P Indigenous Peoples and Human Rights (Manchester: Manchester University Press,
2002)
Maaka, R and Fleras, A The Politics of Indigeneity Challenging the State in Canada and Aotearoa
New Zealand (New Zealand: University of Otago Press, 2005)
Wheen, NR and Hayward, J Treaty of Waitangi Settlements (Wellington: Bridget Williams Books,
2012)
Williams, RA, Jnr Savage Anxieties The Invention of Western Civilisation (New York: Palgrave
MacMillan, 2012)
There is a lot of material available on the internet, including many publications by indigenous
groups and academics as well as documents of international organisations and state
governments. The Office of Treaty Settlements website at www.ots.govt.nz has copies of Deeds
of Settlements and associated documentation. The Waitangi Tribunal website at www.waitangitribunal.govt.nz/ has copies of Tribunal Reports. The Law Library staff are able to provide
guidance on internet sites and finding resources. In addition, the Law Library staff have gathered
very useful websites together concerning Indigenous Peoples – this is found at:
http://www.waikato.ac.nz/library/resources/law/s_indig.shtml.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz) the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Undergraduate Handbook which is available from http://www.waikato.ac.nz/law/undergraduate.
See also paragraph 12 on referencing guidelines and plagiarism.
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Assignment resources are available online at http://www.waikato.ac.nz/law/student/
Additional requirements will be set out in assignment handouts.
b)
Coursework: Final Examination Ratio: 1:0
c)
Assessment Components
Assessment Component
Class Participation
Research Proposal
Presentation
Essay
% of Total
5%
10%
20%
65%
Due Date
n/a
20 September
30 September - 9 October
30 October
Class Participation: Students must be present for at least 40 hours of a total of 48 hour-long
lecture periods and participate in answering focus questions and other students’
presentations in order to gain the 5% allocated specifically for attendance at scheduled
classes. Lectures are comprised of two hours, so if a student attends for the first hour but
not the second hour of a lecture, the student has attended for one hour.
Research Proposal: The research proposal is an opportunity for you to develop a plan for your
research. Once you have chosen a topic, you will then need to develop:
 a statement of how you intend to engage this topic and what your focus will be;
 a list of the core questions which form the structure for your research;
 an outline of the major sections of the paper with a brief paragraph on the content of each
section that indicates its contribution to answering the focus of your topic; and
 a brief annotated bibliography of 5-10 core books, articles or other sources.
 The research proposal should be 3-5 pages in length.
Presentation: You will be required to make a 10 minute presentation (time limit strictly adhered
to) on the research topic for your essay as developed so far in class and to answer any questions
about it (total time for each student presentation 15 minutes). The presentation should include:
 identification of the topic
 your core questions which provide the structure of your research
 your research findings to date
 your core argument and how you intend to develop it
More information about effective presentations will be provided in classes.
Essay: The essay is the culmination of your research, thinking and writing on a topic of your
choice from a list of topics that will be given out to you all at the beginning of the teaching period.
Students may choose an essay topic from this list, or choose a relevant research topic of
particular interest to them, subject to the agreement of the convenor. The research paper should
be between 4,000 and 5,000 words in length. Bibliographies are required, but are not included in
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the word count. Students will receive on-going feedback in the process of producing their final
paper.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in written assessment for this course will be measured both in terms of levels of
understanding and knowledge gained, and in terms of fluency and accuracy of expression and
referencing.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessment by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due in date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the Te Piringa
Faculty of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to
comply with requirements as to the time deadlines for internal assessment without having
successfully applied either for an extension or special consideration with supporting evidence
before the due date will result in deduction of 2.5 marks for each day the work is late. Lateness
of more than a week may result in the work not being marked. No deadlines may be extended
beyond two weeks after the last teaching day of the semester(s) in which the paper is taught as
final grades must go to the Board of Examiners at this time. Unless an extension in writing has
been granted, a lecturer may refuse to accept a piece of work which is submitted after the
specified date, and automatically award it no mark, or may lower the mark as a penalty for
lateness.
Applications for extension, on the form obtainable from the Resource Room, must be submitted
to the Chief Examiner or nominee. Students should not submit the extension form to the
lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or
serious personal accidents or circumstances. Please note that too many assignments due at the
same time is NOT an acceptable reason, neither are claims that computers and/or printers have
crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the supervening event occurred. It will be important to consider if the grant of
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the extension will give the student in question an unfair advantage over other students. A
maximum period of 14 days will be given as an extension unless there are exceptional
circumstances. In determining applications the Chief Examiner or nominee may consult with the
Convenor or lecturer of the relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
Resource Room Administrative Assistant will advise the student of the decision by email.
Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the
student’s file. It should be noted that if an extension of longer than 14 days is granted, the
assignment will not be automatically printed out and delivered to the lecturer, therefore the
lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a
student’s application for extension is declined the Chief Examiner or nominee will inform the
student of the process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2013 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from the Resource Room.
iii)
Appeals (University Calendar 2013, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in
the University Calendar 2013:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers (there are no pre-requisites)
The Treaty of Waitangi in Contemporary Aotearoa/New Zealand Laws 405
Ngā Tikanga Māori Laws 413
Māori Land Law Laws 406
Fees
11.
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Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
(c)
13.
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2013
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
Health and safety
Te Piringa Faculty of Law Health and Safety representative is Ms Alison Saunders who is in
Room Law G44 at ext 4167.
14.
Class representation
See p 68 Te Piringa Faculty of Law Undergraduate Handbook available from
http://www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Samantha Whittle, Student Services, ext.
6264, CHSSG.25 email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2013. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
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Lecture Schedule B semester
Lectures
8 July (B Semester begins)
Programme of lecture topics
Introductions and Identity
10 July
Indigeneity and Indigenous Peoples
15 July
The
origins
of
the
international
indigenous rights movement
17 July
Normative basis of international
indigenous rights
Normative basis of international
indigenous rights (continued)
Globalisation of the indigenous peoples
movement – from settler states to Asia
and Africa
22 July
24 July
29 July
31 July
5 August
7 August
12 August
14 August
19 August
26 August
2 September
4 September
9 September (12 Sept Kingitanga Day)
11 September
16 September
18 September
20 September: Proposal Due
23 September
25 September
30 September
8
The inter-American human rights system
and indigenous rights
UN human rights system and indigenous
rights – the treaty bodies
UN human rights system and indigenous
rights – UN special procedures
The International labour organization and
indigenous rights
Domestic Context – indigenous identity
and rights in Aotearoa - New Zealand
Domestic Context – indigenous identity
and rights in Aotearoa - New Zealand
Teaching Recess
Teaching Recess
Treaty Settlement processes - identity and
representation
Treaty Settlement processes - identity and
representation (continued)
Case study: Waikato- Tainui
Case study: Waikato- Tainui (continued)
Indigenous peoples’ rights to participate in
decision-making over natural resources –
international context
Indigenous peoples rights’ to participate in
decision making over natural resources –
domestic context
Contemporary Issues in Indigenous Rights
– Indigenous rights to own waterways
Contemporary Issues in Indigenous Rights
– Indigenous rights to language
Student Presentations
2 October
7 October
9 October
14 October
21 October
28 October 28 Oct Labour Day
30 October
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Student Presentations
Student Presentations
Student Presentations
Study Week
Examinations
Examinations
Final Essay Due