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Article
Publication date: 2 May 2008

Deirdre Tedmanson

This paper aims to trace the genealogy of state violence on Palm Island to argue forms of “colonial” control over Indigenous governance and organisational life persist in…

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Abstract

Purpose

This paper aims to trace the genealogy of state violence on Palm Island to argue forms of “colonial” control over Indigenous governance and organisational life persist in Australia. Using Agamben's theories of homo sacer, sovereign power and state of exception, the paper seeks to reveal the biopolitical nature of two centuries of abuses against Indigenous Australians. Arguably, past and recent tragedies on Palm Island show how juridico‐political regimes continue to subvert the citizenship and human rights of many Indigenous Australians – their sovereignty, governance structures and organisations. The purpose of the paper is to develop a greater focus in postcolonial writing on current political issues, by combining critical theory with grounded narratives of lived experiences and contemporary events.

Design/methodology/approach

Insights from political theorist Agamben are used to critically analyse the management of violence on Palm Island. The paper draws on documents from the public record, such as historical accounts, legislation, parliamentary Hansard and records of government inquiries, as well as first hand media commentaries of recent events. These textual data form the empirical and evidentiary base from which broader theoretical conceptualisations of this case are discussed.

Findings

The paper finds the lingering effects of past exclusion/s are inscribed in the discursive environment and continue to animate the power relations that effect the life and death experiences of Indigenous Australians today. It finds utility and relevance in applying Agamben's theories of the camp, state of exception and homo sacer, to extend postcolonial understandings of contemporary Indigenous contexts. The legitimacy and derivative power of organizations is compromised during times of “exception” and this raises important theoretical issues worthy of further exploration from both a critical management studies and postcolonial perspective.

Originality/value

This paper applies Agamben's theories in an original way to the postcolonial context. It extends theoretical understandings of racial oppressions and organisational consequences.

Details

Critical perspectives on international business, vol. 4 no. 2/3
Type: Research Article
ISSN: 1742-2043

Keywords

Article
Publication date: 30 November 2007

Nor Asiah Mohamad

The laws and policies pertaining to foreign land ownership in Malaysia have seen tremendous changes for the past two decades. The reasons may be linked to economic, political and…

1305

Abstract

The laws and policies pertaining to foreign land ownership in Malaysia have seen tremendous changes for the past two decades. The reasons may be linked to economic, political and social factors. The changes, as claimed, have to be carried out to accommodate the current needs and circumstances. Nevertheless, at the same time, frequent changes would also create uncertainty and insecurity to the purchaser especially the investors. The Malaysian government has made various efforts towards becoming a developed country, trying hard to attract foreign investors to invest in the country. At the same time, a reasonable consideration must be given to the needs of its own people. Moreover, it is equally important to protect and to ensure that the people’s right shall not be sacrificed for the sake of development and especially when all the benefits will go to only a certain class of people. The history of foreign land ownership policy especially on the restrictions imposed by the laws and policies are worth noting. The legal perspectives are delineated from some important statutes such as the National Land Code, 1965, the Malay Reserve Enactments, the Malay Agricultural Settlement Act, the Aboriginal Peoples Act 1954, and also the restrictions imposed by the states since land is a state matter in Malaysia. Furthermore, some of the restrictions are traceable in the policies determined by the relevant ministries. Following this, the implication of these restrictions on foreign land ownership and also property market will be addressed.

Details

Journal of International Trade Law and Policy, vol. 6 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 10 July 2017

Ida Madieha Abdul Ghani Azmi

Traditional cultural expression (TCE) includes music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts and narratives or…

Abstract

Purpose

Traditional cultural expression (TCE) includes music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts and narratives or many other artistic or cultural expressions [World Intellectual Property Office (WIPO)]. To constitute TCEs, the expressions must form part of the identity and heritage of a traditional or indigenous community and need to be passed down from generation to generation (Kuprecht, 2014). This paper aims to analyse the protection of TCE in Malaysia by focusing on the Mah Meri tribe. This paper examines copyright over TCE, recordation as a means of preserving a dying tradition and customary practices and native law.

Design/methodology/approach

Information is drawn from personal discussions with the weavers and carvers of the Mah Meri tribe, and a focus group discussion with subject matter experts. As a way of comparison, a personal visit has been made to Sarawak Biodiversity Centre, Sarawak Native Courts, the Dayak Iban Association and Dayak Bidayuh Association.

Findings

The research found that copyright law has no specific provision for the protection of TCEs. Customary practices of the indigenous people and the native law of Sarawak have limited effect outside their traditional domain. Recordation and documentation of TCEs are the prime initiatives, but the documents or the recordings do not carry any legal status.

Research limitations/implications

The research is limited only to the Mah Meri tribe with a comparison drawn to the Dayak Iban and Dayak Bidayuh tribe.

Practical implications

The research examines the practical implications of copyright and recording and documentation of cultural expression in Malaysia.

Social implications

The research sets to unearth and highlight the ideation process in a tribal setting and how that clashes with the formal creation setting in a modern intellectual property system.

Originality/value

This paper was presented at the IAITL Congress 2013. It also appeared in the Conference Proceedings edited by Slyvia Kieerkgard, but it has not been published in any journals.

Details

International Journal of Law and Management, vol. 59 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 12 October 2012

Mary O'Dowd

The purpose of the paper is to analyse non‐indigenous student resistance to indigenous history and to improve non‐indigenous students’ engagement with indigenous history.

5586

Abstract

Purpose

The purpose of the paper is to analyse non‐indigenous student resistance to indigenous history and to improve non‐indigenous students’ engagement with indigenous history.

Design/methodology

The paper, based on praxis, is a theoretical discussion of the reasons for non‐indigenous student resistance to indigenous history.

Findings

The paper argues that non‐indigenous imaginings of national self creates indigenous history into a “un‐history” (a history that could not be). The paper suggests non‐indigenous teachers of indigenous history may undertake a broader perspective to prepare students for indigenous history, including fostering a critical appreciation of histiography, Australian colonial art, literature and popular culture, to enable a critical understanding of the national imagining of Australians (as non‐indigenous) in order to enable engagement with indigenous history.

Research limitations/implications

The paper's focus and findings do not presume relevance to indigenous educators of indigenous history, as previous research has shown non‐indigenous students’ reactions to an indigenous educator may differ from an to a non‐indigenous educator.

Originality/value

The paper moves beyond discussions about content of indigenous history to issues of resistance and engagement found amongst non‐indigenous students with regard to indigenous history. The paper suggests a twenty‐first century political approach where there is non‐indigenous ownership of the shared history in (indigenous) Australia history, enabling indigenous history to move from the periphery to the centre of Australian colonial history.

Article
Publication date: 19 July 2019

Paul Robert Patton

The purpose of this paper is to examine some influential accounts of the basis for Indigenous rights, consider their strengths and weaknesses, and ascertain whether and in what…

Abstract

Purpose

The purpose of this paper is to examine some influential accounts of the basis for Indigenous rights, consider their strengths and weaknesses, and ascertain whether and in what degree they support effective self-government and self-determination for Indigenous people.

Design/methodology/approach

The paper begins with a brief discussion of the emergence of specifically Indigenous rights, the significance of self-determination as a means of improving the economic and social conditions of communities, and the problem such rights pose for late 20th versions of egalitarian liberalism. It then examines the liberal culturalist argument for minority rights developed by Will Kymlicka, before turning to James Tully’s elaboration of the historical approach to the justification of Indigenous rights that draws on the tradition of treaty relations in North American colonialism. Finally, it outlines a third approach based on the political liberalism of John Rawls.

Findings

The conditions of legitimate government set out in Rawls’ political liberalism are a better way to provide normative foundations for Indigenous rights in contemporary postcolonial democracies.

Research limitations/implications

The discussion of Indigenous rights is confined to those countries established by colonization with largely British political institutions and populations. The arguments for Indigenous rights are confined to those advanced within the liberal tradition of political thought.

Originality/value

Some of the criticisms of the liberal culturalist argument and of Tully’s approach are original. The case for Indigenous rights based in the legitimacy requirements of political liberalism is original and based on conceptual work by the author.

Details

International Journal of Social Economics, vol. 46 no. 11
Type: Research Article
ISSN: 0306-8293

Keywords

Content available
Article
Publication date: 19 April 2022

Belinda MacGill, Kay Whitehead and Lester Rigney

This article explores the childhood, professional life and social activism of Alice Rigney (1942–2017) who became Australia's first Aboriginal woman principal in 1986.

Abstract

Purpose

This article explores the childhood, professional life and social activism of Alice Rigney (1942–2017) who became Australia's first Aboriginal woman principal in 1986.

Design/methodology/approach

The article draws on interviews with Alice Rigney along with newspapers, education department correspondence and reports of relevant organisations which are read against the grain to elevate Aboriginal people's self-determination and agency.

Findings

The article illuminates Alice/Alitya Rigney's engagement with education and culture from her childhood to her work as an Aboriginal teacher aide, teacher, inaugural principal of Kaurna Plains Aboriginal school in Adelaide, South Australia; and her activism as a Narungga and Kaurna Elder. Furthermore, the article highlights her challenges to racial and gender discrimination in the state school system.

Originality/value

While there is an expanding body of historical research on Aboriginal students, this article focuses on the experiences of an Aboriginal educator which are also essential to deconstructing histories of Australian education.

Details

History of Education Review, vol. 51 no. 1
Type: Research Article
ISSN: 0819-8691

Keywords

Article
Publication date: 27 July 2022

Nurul Zainab Binti Along, Iftekhar Ahmed and Jamie MacKee

The purpose of this study is to explore multiple stakeholders managing the different type of knowledge in a flood-prone area. Different stakeholders hold different types of…

Abstract

Purpose

The purpose of this study is to explore multiple stakeholders managing the different type of knowledge in a flood-prone area. Different stakeholders hold different types of knowledge in their area of interest, and both knowledge streams have their intrinsic potentials and limitations. In this paper, the issue of knowledge complementarity is explored in the context of flood hazards. Hazards such as floods may appear messy, unpredictable, with unsorted and unorganised forms of data, information and knowledge on the part of diverse stakeholders.

Design/methodology/approach

Case study design had been used in this study to explore how stakeholders: Orang Asli, Malay, and humanitarian organisations manage the differences in terms of type of knowledge each of them have. To illicit the response from participants from each of the stakeholders, in-depth interviews had been used.

Findings

This research has led to the development of a conceptual framework based on the case study. The lessons learned from the framework is discussed, together with the barriers to their implementation.

Originality/value

This paper presents a research case study on multiple stakeholders in the district of Pekan, the state of Pahang, Malaysia, and how these multiple stakeholders manage flood hazards with their different types of knowledge.

Details

International Journal of Disaster Resilience in the Built Environment, vol. 15 no. 1
Type: Research Article
ISSN: 1759-5908

Keywords

Article
Publication date: 19 September 2008

Sudhir K. Saha, David O’Donnell, Taran Patel and John Heneghan

The purpose of this paper, in the context of the employment equity (EE) field, is to explore the relationship between individual values/beliefs and simulated hiring decisions of…

1336

Abstract

Purpose

The purpose of this paper, in the context of the employment equity (EE) field, is to explore the relationship between individual values/beliefs and simulated hiring decisions of minority candidates in Canada, France and Ireland.

Design/methodology/approach

Individual values/beliefs were elicited using Likert type scales; subjects responded to a series of simulated hiring scenarios.

Findings

The link between individual value and belief systems and EE‐related HR decision making on recruitment of minority candidates is modestly supported by the findings presented here. The values/beliefs of students from leading business schools influenced, if in part, their simulated hiring decisions on minority candidates presented in the scenarios. National context also matters as EE institutions differ at the societal level of analysis.

Research limitations/implications

The subjects were business school students of limited work experience addressing scenario situations, not practicing managers making real hiring decisions. The use of self‐reports leads to the usual issues related to common method variance, the consistency motif, social desirability bias, and so on and we note the limits due to the reverse ecological fallacy. Research findings provide modest support to this argument but should be treated with caution.

Practical implications

Individual values and beliefs matter in HR decision making on recruitment of minority candidates.

Originality/value

Much EE research focuses on antecedents of values/beliefs; this paper is one of a handful of investigations that attempts to establish possible outcomes of values/beliefs towards EE.

Details

Equal Opportunities International, vol. 27 no. 7
Type: Research Article
ISSN: 0261-0159

Keywords

Book part
Publication date: 22 August 2015

Beverly J. Klug

There is a long history of school failure for Aboriginals1 in the U.S. educational system. Culturally relevant/responsive pedagogy affords opportunities for Aboriginal students to…

Abstract

There is a long history of school failure for Aboriginals1 in the U.S. educational system. Culturally relevant/responsive pedagogy affords opportunities for Aboriginal students to achieve academic success through building upon their cultural heritages and Native ways of knowing. School systems adopting this pedagogy empower Indigenous students to connect with essential knowledge for academic success in today’s world. This enhanced pedagogy creates classrooms of involvement that promote Aboriginal students’ achievement. Preservice teachers employing this pedagogy will experience success with their Indigenous students and learn about Aboriginal communities, lifeways, and values. Mutual respect is engendered as long-perpetuated negative stereotypes of Native Americans are undone. Culturally relevant/responsive pedagogy can be tailored to specific populations by incorporating their own Aboriginal knowledge, languages, and practices into teaching praxis.

Details

International Teacher Education: Promising Pedagogies (Part B)
Type: Book
ISBN: 978-1-78441-669-0

Keywords

Abstract

Details

Crime and Human Rights
Type: Book
ISBN: 978-0-85724-056-9

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