<p> Indigenous Sovereignty and Legal Challenges</p><p>INTL 410/510 Spring Term 2004 - Tuesdays 6:00 to 9:50 pm 240B McKenzie Hall</p><p>Dr. Steven Swenson, Associate Director, U of O-Vietnam Sister University Project Office Hours: Wed 10-noon, 346 PLC, or by appointment E-mail address: [email protected] Home phone: (541) 341-6584 (for emergencies)</p><p>I. Course Overview</p><p>The questions that surround the nature of indigenous sovereignty, however defined, have global implications. Worldwide shifts of populations over millennia have not diluted the historical establishment of First nations peoples, one name of many used to describe the human communities attached to a specific environment for much longer periods of time than more recent arrivals.</p><p>Expansion of one community has often meant loss for another community, whether within one extended cultural group or by external conquest. This course will address some of these historical legacies, will present different views of the problems that ensue, discuss attempts by some societies to recompense First Nation peoples for previous wrongs, and look at ways to better co-exist in the present and future.</p><p>The class will explore a variety of political, social, economic, cultural, and environmental implications of these developments, including:</p><p> Diplomatic relations between indigenous peoples and settler governments  Evolution of policies impacting indigenous peoples  Legal problems – construction and interpretation  The emerging role of environmental concerns  The politics of religion  Rebuilding relationships, internally and externally</p><p>The course will provide an opportunity to gain foundational competence with critical thinking and listening skills. It will also provide an opportunity for developing increased awareness of how personal life experiences, culture, and language can sensitize the individual to the complexity of various contexts - historical, cultural, political, and environmental.</p><p>II. Required Readings:</p><p>Readings are designed to present indigenous views in a variety of contexts. The primary focus will be on the Maori of New Zealand (Aotearoa), the Australian Aborigines, and First Nations Peoples of North America. Readings will also present views of government officials, social commentators, and academics on related topics.</p><p>A. Books from the U of O Bookstore:</p><p>Long, Carolyn. Religious Freedom and Indian Rights: The Case of Oregon v. Smith. Lawerence, KA: University of Kansas Press, 2000.</p><p>Maybury-Lewis, David. Indigenous Peoples, Ethnic groups, and the State. Boston: Allyn & Bacon, 2002.</p><p>Wright, Alex (ed., for the Central Land Council), Take Power Like This Old Man Here. Alice Springs, NT, Australia: IAD Press, 1998.</p><p>B. Reading packets from the U of O Bookstore:</p><p>1. Packet #1:</p><p>Smith, Linda Tuhiwai. Decolonizing Methodologies: Research and Indigenous Peoples. Dunedin, N.Z.: University of Otago Press, 1999 (Introduction and Chapter 1).</p><p>Krasner, Stephen. Sovereignty: Organized Hypocrisy. Princeton, N.J.: Princeton University Press, 1999 (Chapter 1).</p><p>Jackson, Moana. “The Treaty and the Word: Colonization of Maori Philosophy.” In Oddie, Graham and Roy Perrett (eds.). Justice, Ethics, and New Zealand Society. Auckland, N.Z.: Oxford University Press, 1992.</p><p>Durie, Mason. “Mana Tiriti: Application of the Treaty of Waitangi” and “Mana Motuhake: Autonomy, Governance and Nationhood,” in Mason Durie, Te Mana Te Kawanatanga: The Politics of Maori Self-Determination. Auckland, N.Z.: Oxford University Press, 1999.</p><p>Scott, Stuart C. The Travesty of Waitangi: Towards Anarchy. Dunedin, N.Z.: The Campbell Press, 1995 (Chapters 1, 11, 13, and 15).</p><p>Government of New Zealand. Office of Treaty Settlements. Treaty of Waitangi Claims: Direct Negotiations Process: An Introduction. Wellington, N.Z.: 1999.</p><p>Government of New Zealand. Ministry of Law. Documents concerning the proposed settlement with the Taranaki Maori, 2001.</p><p>Packet #2:</p><p>Garcia, Teresa A. “Native American Communities Compromised: Dams, Resources, and Encroachments on the Elwha River.” Unpublished research paper, University of Oregon, 2002.</p><p>United States v. State of Washington, 384 F. Supp. 312 (1974) (The Boldt decision).</p><p>United States v. State of Washington, 384 F. Supp. 420 (1975).</p><p>United States v. State of Washington, 596 F. Supp. 187 (1980).</p><p>Packet #3:</p><p>Coates, Ken. “International Perspectives on Relations with Indigenous Peoples.” In Coates, Ken and P.G. McHugh, Living Relationships: Kokiri Ngatahi: The Treaty of Waitangi in the New Millenium. Wellington, N.Z.: University of Victoria Press, 1998.</p><p>Battiste, Marie and James [Sa’ke’j] Youngblood Henderson. Protecting Indigenous Knowledge and Heritage: A Global Challenge. Saskatoon, Saskatchewan, Canada: Purich Publishing, 2000 (Chapters 13 and 14).</p><p>Weber, Jeremy. “Beyond Regret: Mabo’s Implications for Australian Constitutionalism.” In Ivison, Duncan et al. (eds.), Political Theory and the Rights of Indigenous Peoples. Cambridge, U.K.: Cambridge University Press, 2000.</p><p>Kymlicka, Will. “American Multiculturalism and the ‘Nations Within.’” In Ivison, Duncan et al., supra.</p><p>4. One short article:</p><p>Newcomb, Steven. “Pagans in the Promised Land: A Primer on Religious Freedom.” Eugene, OR: Indigenous Law Institute, 1995.</p><p>IV. Course Requirements</p><p> Mandatory attendance and active participation. No guests or audits.</p><p> Respect for others in class: there will be difficult issues, and reasonable minds can differ.</p><p>Reaction papers: Four papers of no more than 4 pages each to discuss/contrast themes in the assigned reading materials, visual case studies, and class lectures.</p><p>Final paper: No more than 15 (U) or 20 (G) page research paper, integrating and evaluating issues and concepts on an approved topic. Approval largely depends upon there being sufficient resources to support a solid research paper.</p><p>Evaluation of papers will be based on both quality and quantity, with an emphasis on quality (organization, use of materials, clarity of thought, lack of mistakes and typos). No more than 25% of references may be to web sites. Emphasis should be on scholarly books and journal articles. Page limitations do not include bibliography. Footnotes are preferred over endnotes when Chicago style is used. Reference style should be either APA or Chicago; Chicago is preferred, but whatever form you use, be consistent.</p><p>Papers must be typed, double- or 1 & 1/2-spaced , 12 point font, and properly referenced.</p><p>Late papers (unless excused for a valid reason) will be assessed a penalty - the later the paper, the greater the penalty.</p><p>V. Grading: Final grade includes:</p><p>Attendance, participation, presentation of research paper 20% Reaction papers (10% each x 4) 40% Final paper 40%</p><p>General Course Outline</p><p>(Visual case studies will be announced before class) (Readings assigned are for the following week)</p><p>Week 1: March 30</p><p>Introduction: Syllabus review</p><p>Read: Steven Newcomb article, Linda Smith in Packet #1, Stephen Krasner in Packet #1, and the Maybury-Lewis book, pages 1-46 and 105-136.</p><p>Week 2: April 6 1st reaction paper due</p><p>Read: Ken Coates in Packet #3, Battiste & Henderson in Packet #3, Moana Jackson in Packet #1, both Mason Durie chapters in Packet #1.</p><p>Week 3: April 13 2nd reaction paper due</p><p>Read: Both Government of New Zealand documents in Packet #1, Jeremy Weber in Packet #3.</p><p>Week 4: April 20 Research topic abstract due (1 page summary/table of contents, plus 1 page preliminary bibliography)</p><p>Read: Alex Wright book.</p><p>Week 5: April 27 </p><p>Read: Carolyn Long book.</p><p>Week 6: May 4 3rd reaction paper due</p><p>Read: Will Kymlicka in Packet #3, Teresa Garcia in Packet #2, court cases in Packet #2.</p><p>Week 7: May 11 4th reaction paper due/Student research presentations</p><p>Week 8: May 18 Student research presentations</p><p>Week 9: May 25 Student research presentations</p><p>Week 10: June 8 Final paper due in International Studies Office, 175 PLC Hall, by 5:00 pm.</p>