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Controversies of consent: the contradictory uses of indigenous free, prior, and informed consultation and consent in Panama

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TitleInfo
Title
Controversies of consent: the contradictory uses of indigenous free, prior, and informed consultation and consent in Panama
Name (type = personal)
NamePart (type = family)
Thorpe
NamePart (type = given)
Marian Ahn
NamePart (type = date)
1982-
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Marian Ahn Thorpe
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author
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Hughes
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David McDermott
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David McDermott Hughes
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Advisory Committee
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chair
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Haugerud
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Angelique
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Angelique Haugerud
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Advisory Committee
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internal member
Name (type = personal)
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McElwee
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Pamela
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Pamela McElwee
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Advisory Committee
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internal member
Name (type = personal)
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Velásquez Runk
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Julie
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Julie Velásquez Runk
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Advisory Committee
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outside member
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Hodgson
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Dorothy
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Dorothy Hodgson
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Advisory Committee
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outside member
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Rutgers University
Role
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degree grantor
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School of Graduate Studies
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school
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Text
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theses
Genre (authority = ExL-Esploro)
ETD doctoral
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2020
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2020-10
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2020
Language
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English
Abstract (type = abstract)
This dissertation examines the right of Free, Prior, and Informed Consultation and Consent (FPIC) in western Panama, where Ngäbe Indigenous communities have long fought to protect their land from copper mines, hydroelectric projects, and other forms of development. Drawing on sixteen months of ethnographic and legal research between 2013 and 2016, I demonstrate that, like other forms of multicultural recognition, FPIC can be used by states to manage Indigenous dissent and rights-wash contentious projects. This management can take place through careful attention to the wording or procedural details of FPIC policies; or, it can occur through the ways in which consent-seekers and consent-givers exploit or circumvent conflict-prone community decision-making processes. However, while FPIC can be used to limit Indigenous rights, I also show how various groups of Ngäbe still defy and work within these constraints. More broadly, I show that the Western liberal conception of consent as autonomous free choice obscures ways in which consent embeds subjects in relations of power. By framing consent not as a sign of freedom but as a sign of power relations, I underscore how FPIC and other forms of multicultural recognition join together Indigenous peoples and states to collaboratively create the multicultural state.
Subject (authority = local)
Topic
Indigenous rights
Subject (authority = RUETD)
Topic
Anthropology
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Title
Rutgers University Electronic Theses and Dissertations
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ETD_11081
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application/pdf
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text/xml
Extent
1 online resource (viii, 190 pages) : illustration
Note (type = degree)
Ph.D.
Note (type = bibliography)
Includes bibliographical references
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School of Graduate Studies Electronic Theses and Dissertations
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rucore10001600001
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NjNbRU
Identifier (type = doi)
doi:10.7282/t3-cfm4-2722
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Rights

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The author owns the copyright to this work.
RightsHolder (type = personal)
Name
FamilyName
Thorpe
GivenName
Marian
Role
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RightsEvent
Type
Permission or license
DateTime (encoding = w3cdtf); (qualifier = exact); (point = start)
2020-08-07 21:59:31
AssociatedEntity
Name
Marian Thorpe
Role
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Affiliation
Rutgers University. School of Graduate Studies
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Author Agreement License
Detail
I hereby grant to the Rutgers University Libraries and to my school the non-exclusive right to archive, reproduce and distribute my thesis or dissertation, in whole or in part, and/or my abstract, in whole or in part, in and from an electronic format, subject to the release date subsequently stipulated in this submittal form and approved by my school. I represent and stipulate that the thesis or dissertation and its abstract are my original work, that they do not infringe or violate any rights of others, and that I make these grants as the sole owner of the rights to my thesis or dissertation and its abstract. I represent that I have obtained written permissions, when necessary, from the owner(s) of each third party copyrighted matter to be included in my thesis or dissertation and will supply copies of such upon request by my school. I acknowledge that RU ETD and my school will not distribute my thesis or dissertation or its abstract if, in their reasonable judgment, they believe all such rights have not been secured. I acknowledge that I retain ownership rights to the copyright of my work. I also retain the right to use all or part of this thesis or dissertation in future works, such as articles or books.
RightsEvent
Type
Embargo
DateTime (encoding = w3cdtf); (qualifier = exact); (point = start)
2020-10-31
DateTime (encoding = w3cdtf); (qualifier = exact); (point = end)
2022-10-31
Detail
Access to this PDF has been restricted at the author's request. It will be publicly available after October 31st, 2022.
Copyright
Status
Copyright protected
Availability
Status
Open
Reason
Permission or license
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2020-08-11T17:51:02
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2020-08-11T17:51:02
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