The land of whose father? The politics of indigenous peoples' claims

How do the weak win political victories? The dissertation answers the question of how, why and when very weak groups are able to win concessions from the strong. Specifically, the research offers an understanding of how indigenous peoples have been able to gain recognition and extension of their land rights. Through comparative case study analysis, the first section explores why the governments of Australia, Canada, New Zealand and the United States have begun to recognize and return rights to land for the same indigenous populations whose rights have been denied or ignored for centuries. The second section further tests the proposed explanations in relation to specific claims outcomes and land transfers in 17 American Indian land claims cases in the United States.;The research finds that normative changes following World War II led to new attention to the rights of minority groups. Indigenous peoples were redefined as deserving of limited rights and protections by the state. Economic, demographic, and political trends meant that indigenous peoples were no longer perceived as threats to the dominance of those in power or the population that supported them. Indigenous peoples were encouraged by the success of other minority groups in gaining recognition of their rights. A growth in cohesion among indigenous peoples (domestically and internationally) also fostered the pursuit of claims for land rights against governments. Those in power were willing to recalculate the costs and benefits of responding to indigenous peoples' demands in consideration of international pressure, domestic normative changes, and the position of the weak indigenous claimants. These findings apply to both the extension of rights and recognition at a broad national level as well as to the outcomes of claims for the return of specific territories. Truly weak groups can win when the strong feel the normative compulsion to offer concessions and when the concessions are considered affordable.