Abstract:
Liberal democracy is a political system that has been widely adopted by former colonial settler states and it has particular significance for indigenous peoples in their struggle to have their unique rights recognised. Co-management is an approach applied in the protected area setting to enable the recognition of indigenous rights. Yet co-management means many things to many people and it allows for the possibility of selectively enabling and constraining indigenous rights. This thesis examines the theories of liberal democracy and the influence of its norms and mechanisms upon the recognition of indigenous rights in protected area co-management within former colonial settler states. In this thesis I argue that the recognition of indigenous rights, particularly self-determination rights, is carefully delimited by the enabling and constraining norms of liberal democracy. A place-based case study has been adopted to explore the influence of these norms and mechanisms upon indigenous rights and a qualitative cross-cultural methodology that strives to meet the ideals of participatory cross-cultural research has been applied. The case study is the long standing co-management arrangement between Ngāti Hine, a Northland hapu (sub-tribe), and the Department of Conservation for the Motatau Scenic Reserve. The findings of this case study suggest that the rights of Ngāti Hine to management, resources, land and self-determination are carefully delimited in a range of ways by liberal democratic norms and mechanisms. Their management and resource rights have been enabled to varying degrees and are thereby carefully delimited; they represent ad hoc remedies which barely disturb the entrenched traditional norms of liberal democracy. Dominant traditional norms have ensured that the reinstatement of their land rights is contrary to state policy and their rights to rangatiratanga have been confined to the moderate form of state devolved functions. Transformative remedies to meaningfully progress their recognition will require addressing these norms and mechanisms at a national level. Co-management Self-determination Rangatiratanga
