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Theses

Les collectivités autochnones

Philippe Karpe
Abstract : The indigenous communities For several decades, as well on the internal level as on the international level, the indigenous communities are as such the object of an increasing attention. That finds expression into many declarations, actions, protests and rules. By the knowledge and the analysis of these, many questions of legal nature have come into view. Whatever they are - from the simplest (for example: what is in law an indigenous community?) to the most complicated (for example: is it enough to recognize rights and to arrange in law their relationship to guarantee a coexistence or healthy and perennial reconciliation between culturally and/or historically distinct populations?)-, these questions constitute the justification as well as the substrate of this research task. Relatively clear and complete answers can be brought to these various questions. Their statement supposes the research and the analysis of various types of documents resulting from very varied sources concerning multiple fields. Basically, the indigenous communities constitute the populations which have the anteriority of occupation of a given state territory. Their legal statute must certainly envisage the recognition of their own law, as well as the restitution of their past rights. But none of these two measures may lead and require the adoption of discriminatories, segregatives and even exclusives rules and structures with respect to the non-indigenous (States and individuals). On the contrary, these measures have to be written in such a manner that it take part in the establishment on cleansed bases of a new and effective community of life with the non-indigenous. The rules and the structures of this new and real community of life should be given on the basis of a complete and enlightened partnership between the populations concerned. Once specified, these rules and these structures will be basically guaranteed only by the adoption and the implementation of various programs and measures tending to ensure clear and thorough knowledge and understanding by the non-indigenous of the problems raised by the presence of the indigenous communities, as well as the terms of its resolution.
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https://tel.archives-ouvertes.fr/tel-00005378
Contributor : Gilbert Rodriguez <>
Submitted on : Thursday, March 18, 2004 - 4:13:24 PM
Last modification on : Thursday, March 18, 2004 - 4:13:24 PM
Long-term archiving on: : Friday, April 2, 2010 - 8:04:22 PM

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Philippe Karpe. Les collectivités autochnones. Droit. Université de Nanterre - Paris X, 2002. Français. ⟨tel-00005378⟩

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