TE PIRINGA FACULTY OF LAW
Contemporary International Indigenous Issues
2015 Outline
1.
Identification of Paper
Paper: LAWS 525-15B
This paper carries 30 points
2.
Staffing
Valmaine Toki
(Convenor/Lecturer)
3.
Phone: 07 838 4466 x 8976
Room: Law G.72
email: valmaine@waikato.ac.nz
By appointment – please email
Description and Structure of Paper
(a) Description
The purpose of this paper is to focus on the issues that are raised at the United Nations
Permanent Forum on Indigenous Issues, each year, to provide a special insight into the workings
of the United Nations on contemporary and topical indigenous issues. An examination of the
Declaration on the Rights of Indigenous Peoples will be pivotal.
(b) Structure of the Paper
This paper is held in Semester 2. The teaching component comprises 12 two hour lectures.
Lectures are on Tuesdays 9am – 11am in room S.B.03
(c) Attendance
Te Piringa Faculty of Law places great emphasis on providing students with opportunities for high
achievement in law papers. Attendance is therefore required for satisfactory completion of the
paper. An understanding of topics and materials discussed in is essential for success in both
internal assessment and examinations. A record will be kept of student attendance at lectures.
4.
Learning outcomes
The purpose of this paper is to focus on the issues that are raised at the United Nations
Permanent Forum on Indigenous Issues, each year, to provide a special insight into the workings
of the United Nations on contemporary and topical indigenous issues.
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The ambit of this paper will discuss these issues within the mandated areas, for the United
Nations Permanent Forum on Indigenous Issues, of social development, culture, environment,
education, health and human rights and extend these mandated areas to encompass the regions
of the seven socio-cultural regional groupings:
Africa
Asia
Central and South America and the Caribbean
The Arctic
Eastern Europe, Russian Federation, Central Asia and Transcaucasia
North America
The Pacific
The Declaration on the Rights of Indigenous Peoples will be pivotal to provide a framework to
address the issues raised.
The objectives and outcomes include:
•
The historical and contemporary background/significance of the Declaration on the Rights
of Indigenous People;
•
The position of the recent States who have endorsed the Declaration on the Rights of
Indigenous People;
•
Understanding how the United Nations Permanent Forum on Indigenous Issues operates
including the interplay between the Forum and UN Agencies such as WIPO and UNESCO;
•
In depth examination of differing case studies from the seven socio cultural regions where
indigenous people have sought recognition of their rights through the United Nations Permanent
Forum on Indigenous Issues.
At the conclusion of this course, students should be able to discuss how the United Nation system
can provide a platform for the recognition of Indigenous rights. An understanding of the articles in
the United Nations Declaration on the Rights of Indigenous Issues.
Intrinsic will be the ability to analyse how the framework of the United Nations Declaration on the
Rights of Indigenous Peoples can provide a recognistion and realisation of the basic fundamental
human rights for Indigenous Peoples from the seven regions.
5.
Workload
Students should expect to spend 300 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 and/or presentations.
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 $37 incl GST.
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In addition to the texts identified below, the Faculty of Law requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
Recommended Reading
S James Anaya International Human Rights and Indigenous Peoples (Aspen Publishers, New York,
2009)
C Charters and R Stavenhagen (eds) Making the Declaration Work (IEGA, Copenhagen, 2009)
Other Sources
Additional reading materials may be required this will be notified during the course.
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
Graduate
and
Postgraduate
Handbook
which
is
available
from
http://www.waikato.ac.nz/law/graduate.
See also paragraph 12 below on referencing guidelines and plagiarism.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio: 100/0
c)
Assessment Components
3
Component
Percentage of overall mark
Due date
Attendance and participation
Research Proposal and presentation
10%
20%
Monday 17 August
Research Essay
70%
Friday 23 October
Students will be expected to participate within class discussions and actively engage with the
lecturer and/or guest lecturer to share and/or faciltate their understanding of the course. It is
encouraged that students choose their research topic well in advance of their
presentation and ideally have some idea before attending the course.
The class presentation will provide the student with an ability to speak to their topic and
receive, from the class, helpful feedback and constructive critcism to assist the development
of their research proposal and research paper.
The research essay should accurately reflect the student’s ability to critically analyse and compare
the meaning of indigenous governance within the respective jurisdiction/legal framework.
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 Graduate and Postgraduate Handbook, available at
http://www.waikato.ac.nz/law/graduate. Where practical, 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’s
Moodle site (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 assignments and presentations will be measured in terms of levels of
understanding and knowledge gained, in terms of the originality and the sophistication of analysis
provided, in terms of coherent and logical structure, and in terms of the 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
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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 Graduate Programmes Manual available from the School of Law
Graduate website http://www.waikato.ac.nz/law/graduate/.) 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 Convenor of the course. 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 assessment before the supervening event occurred. It will be important
to consider if the grant of 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 Convenor or lecturer of the relevant
paper may consult with the Chief Examiner or nominee.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2012 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 2012, 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 Director 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 2012:
Assessment Regulations 2005
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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
LAWS 531 International Environmental Law;
LAWS555 Indigenous Peoples and International Law;
LAWS577 Human Rights Law.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
Referencing guidelines and caution against plagiarism
(a)
Referencing must be in accordance with the New Zealand Law Style Guide.
(b)
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 (2012 Calendar)
Unless approved otherwise by the examiners of the papers concerned, a student must not submit
as assessment material that is substantially the same as material submitted as assessment for a
different paper.
(c)
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The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Graduate and Post-Graduate Handbook and the Te Piringa Faculty of Law
Graduate Programmes Manual, available from http://www.waikato.ac.nz/law/graduate/.
13.
Health and safety
The Faculty of Law’s Health and Safety representative is TBA. Please report the incident to the
Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
At the commencement of the semester, a class representative will be elected by the students in
Contemporary International Indigenous Issues. This representative is encouraged to communicate
regularly with the Convenor. Students in this paper are encouraged to liaise with their
representative to discuss issues of concern.
Contact details for the Student Representation Coordinator, Academic Services Division, are as
follows: Jeanie Richards, Student Services, ext. 8221, email: student.reps@waikato.ac.nz.
Further information can be found at the Class Rep google site.
15.
Complaints procedures
The Student Complaints Procedures provides details of the University’s process for handling
concerns and complaints and is published in the University Calendar.
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Lecture Schedule B semester
Week Commencing
Programme of lecture topics
13 July (Semester B Starts)
Introductions - Background
20 July
Historical and International Context
27 July
Working Group Process
3 August
Adoption of the Declaration
10 August
UNPFII
17 August
UNPFII
24 August
Teaching Recess
31 August
Teaching Recess
7 September
Case Studies e.g. World Bank
14 September (17 September Kingitanga Day)
Case Studies e.g. WIPO
21 September
Case Studies
28 September
Conclusions/Presentations
5 October
Presentations
12 October
Presentations
19 October
Study Week
26 October (26 October Labour Day)
Examinations
2 November
Examinations
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