LAWPUBL 749 : Special Topic: Indigenous Persons: Law and Policy
Law
2022 Semester One (1223) (30 POINTS)
Course Overview
The course syllabus will engage the following questions, issues and problems:
• How are the rights and status of indigenous peoples recognized in domestic, international and indigenous legal systems?
• To what extent are these rights and this status recognized and protected by these systems and on what basis?
• What is the relationship between the scope of indigenous peoples rights and status and the rights and status of dominant groups and other communities within these different legal systems?
• What has been the practical result for indigenous peoples within domestic, international and indigenous legal systems as a result of the recognition of these rights and protection of their status as indigenous peoples and how are they situated with the development of natural resources?
• What are the effects of these different legal systems on the Nation-building challenges confronting indigenous peoples and indigenous leadership in the 21st century?
These questions, issues and problems will be explored in relation to the United States, New Zealand, Canada, Australia, the Scandinavian countries (Sami’), Asia, Africa and international and regional human rights systems. Selected case studies will pay close attention to the specific procedural and substantive protections and the degree to which international and indigenous norms have impacted these developments.
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
| Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Understand the mechanisms and procedures for the recognition and protection of indigenous peoples’ rights and status in the selected domestic, international and indigenous legal systems examined in the course (Capability 1.1, 1.2, 2.1, 2.3, 4.1, 5.1, 6.1, 6.2 and 6.3)
- Appreciate the conceptual tensions, limitations and potentialities underlying questions, issues and problems of indigenous peoples’ rights and status in domestic, international and indigenous legal systems; (Capability 1.1, 1.2, 2.1, 2.3, 3.1, 3.2, 4.1 and 6.3)
- Understand the basics of selected domestic and international and regional human rights systems that have legally recognized Indigenous peoples’ rights and status (Capability 2.1, 2.2, 2.3 and 5.1)
- Reflect and comment critically on the law and policy relevant to indigenous peoples in the selected domestic, international and indigenous legal systems (Capability 2.1, 2.2, 2.3, 6.1 and 6.2)
- Engage with the current issues of principle and policy underlying constitutional protections, access to justice, procedural fairness (including meaningful and genuine consultation and free, prior and informed consent), civic and political participation and representation that apply to indigenous peoples and their rights and status in domestic legal systems including protection of culture and language, the degree of self-determination, self-government and jurisdictional powers, treaty status and rights, membership, “citizenship” and belonging in indigenous communities, and the status of indigenous rights relative to traditional use of natural resources, territories and waters; (Capability 2.1, 2.2, 2.3 and 3.3)
- Develop effective written communication and legal research skills through the completion of a research essay. (Capability 4.1 and 4.2)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Research essay outline | 10% | Individual Coursework |
| Research Essay | 90% | Individual Coursework |
| 2 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |||||
| Research essay outline | ||||||||||
| Research Essay | ||||||||||
Workload Expectations
This is a standard 30-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 100 hours.
Delivery Mode
Online
Attendance is expected at scheduled online activities including seminars to complete components of the course.
The course will include live online events including group discussions and lectures and these will be recorded.
Attendance on campus is not required for the final assessment.
Where possible, study material will be available at course commencement.
This course runs to the University semester timetable and all the associated completion dates and deadlines will apply.
Learning Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Reading materials will be contained in the course materials available on CANVAS and Robert A. Williams, Jr., Savage Anxieties: The Invention of Western Civilization (Palgrave MacMillan 2012). Students may also be asked to access additional materials via the internet or in the library.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Other Information
Timetable
Dates: 14- 25 March
Time: 10am–12 noon
Contact Details
Law Student Centre Level 2, 1-1 Short St
postgradlaw@auckland.ac.nz
Lecturer Contact Details
Prof Robert Williams
Email: lumbee@arizona.edu
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Class Representatives
Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.