Indigenous Collective Rights In Latin America

Author : Katherine Becerra Valdivia
Publisher : Rowman & Littlefield
Page : 193 pages
File Size : 46,8 Mb
Release : 2022-09-23
Category : Social Science
ISBN : 9781666909111

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Indigenous Collective Rights in Latin America by Katherine Becerra Valdivia Pdf

Latin America is a region with high levels of recognition for Indigenous collective rights. Still, legal protections differ considerably among countries. Why do some countries in Latin America have a strong recognition of collective rights for Indigenous people while others do not? What are the factors that help enhance the presence of collective rights? The author argues that while Indigenous social movements are crucial to the protection of Indigenous rights, they are not enough. The recognition of these rights is influenced by organizational factors (such as coalitions between Indigenous peoples and non-Indigenous allies) as well as institutional conditions (including constitutional replacement and party systems). By employing qualitative comparative analysis (QCA) and case studies from Bolivia, Chile, Colombia, Ecuador, Guatemala, Mexico, and Peru, this book explores the ways various elements combine to create conditions for a variety of collective rights.

Author : Jessika Eichler
Publisher : Routledge
Page : 242 pages
File Size : 45,5 Mb
Release : 2019-05-09
Category : Business & Economics
ISBN : 9781000020199

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Reconciling Indigenous Peoples’ Individual and Collective Rights by Jessika Eichler Pdf

This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.

Author : Nancy Grey Postero,León Zamosc
Publisher : Liverpool University Press
Page : 274 pages
File Size : 46,9 Mb
Release : 2004
Category : Political Science
ISBN : UTEXAS:059173015276167

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The Struggle for Indigenous Rights in Latin America by Nancy Grey Postero,León Zamosc Pdf

"This book examines the struggle for indigenous rights in seven Latin American countries. Initial studies of indigenous movements celebrated the return of the Indians as relevant political actors, often approaching their struggles as expressions of a common, generic agenda. This collection moves the debate forward by acknowledging the extraordinary diversity among the movements' composition, goals, and strategies. By focusing on the factors that shape this diversity, the authors offer a basis for understanding the specificities of converging and diverging patterns across different countries. The volume concludes that the Indian struggles are having a direct impact on the character of democracy, and in the process contribute to the redefinition of Latin American societies as multicultural."--BOOK JACKET.

Author : JESSIKA. EICHLER
Publisher : Routledge
Page : 208 pages
File Size : 46,5 Mb
Release : 2020-12-20
Category : Electronic
ISBN : 036772961X

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Reconciling Indigenous Peoples' Individual and Collective Rights by JESSIKA. EICHLER Pdf

This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups 'in between', different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples' right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.

Author : R. Sieder
Publisher : Springer
Page : 280 pages
File Size : 54,6 Mb
Release : 2002-06-28
Category : Political Science
ISBN : 9781403937827

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Multiculturalism in Latin America by R. Sieder Pdf

During the last fifteen years Latin American governments reformed their constitutions to recognize indigenous rights. The contributors to this book argue that these changes post fundamental challenges to accepted notions of democracy, citizenship and development in the region. Using case studies from Mexico, Guatemala, Bolivia and Peru, they analyze the ways in which new legal frameworks have been implemented, appropriated and contested within a wider context of accelerating economic and legal globalization, highlighting the key implications for social policy, human rights and social justice.

Author : Janine Schildt
Publisher : GRIN Verlag
Page : 29 pages
File Size : 40,8 Mb
Release : 2010-10
Category : Electronic
ISBN : 9783640728138

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The Balance Between Indigenous Land Claims and Individual Private Property Rights in Latin America by Janine Schildt Pdf

Seminar paper from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 1,7, language: English, abstract: How can indigenous property rights be guaranteed in today's societies? In many countries with a large indigenous population this is an ongoing political struggle at the center of which stands the question how to balance traditional indigenous land rights and modern private property rights. The UN Declaration on the Rights of Indigenous Peoples was initially not signed by Canada, USA, New Zealand and Australia. The countries argued inter alia that the article on indigenous land rights could not be brought in accord with their domestic legislation and the private property rights they have to protect. In international law no common standard for indigenous land rights exists and individual countries have found different approaches in their domestic legislations often subordinating indigenous rights or restricting them on various grounds. Frequently, indigenous collective claims are weakened because legislation only recognizes individual rights to property as legitimate. The Inter-American Court of Human Rights (IACtHR) has evolved a firm protector of indigenous land rights. In its landmark decisions Mayagna (Sumo) Awas Tingni Community vs. Nicaragua (2001), Moiwana Community vs. Suriname (2005), Yakye Axa vs. Paraguay (2005), Sawhoyamaxa vs. Paraguay (2006) and Pueblo Saramaka vs. Suriname (2007) it has underlined that traditional collective land rights fall under the protection of property in the American Convention on Human Rights (ACHR) and are thus equivalent to individual private property rights. This paper will look at the role of the IACtHR in the protection of indigenous land rights in Latin America and will discuss how it confronts the balancing problem between the two forms of property rights. Thereby, it is argued that especially because the challenge stays unresolved in many

Author : Rodolfo Stavenhagen
Publisher : Springer Science & Business Media
Page : 173 pages
File Size : 51,6 Mb
Release : 2012-12-14
Category : Law
ISBN : 9783642341502

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Pioneer on Indigenous Rights by Rodolfo Stavenhagen Pdf

On the occasion of the 80th birthday of Rodolfo Stavenhagen, a distinguished Mexican sociologist and professor emeritus of El Colegio de Mexico, Úrsula Oswald Spring (UNAM/CRIM, Mexico) introduces him as a Pioneer on Indigenous Rights due to his research on human rights issues, especially when he served as United Nations Special Rapporteur on the rights of indigenous peoples. First, in a retrospective Stavenhagen reviews his scientific and political work for the rights of indigenous peoples. Seven of his classic texts address Seven Fallacies about Latin America (1965); Decolonializing Applied Social Sciences (1971); Ethnodevelopment: A Neglected Dimension in Development Thinking (1986); Human Rights and Wrongs: A Place for Anthropologists? (1998); Indigenous Peoples and the State in Latin America: An Ongoing Debate (2000); Building Intercultural Citizenship through Education: A Human Rights Approach (2006); and Making the Declaration Work (2006). This volume discusses the emergence of indigenous peoples as new social and political actors at the national level in numerous countries, as well as on the international scene. This book introduces a trilogy of Briefs on Rodolfo Stavenhagen published in the same series Pioneers in Science and Practice.

Author : Adrian Albala,Alejandro Natal
Publisher : Springer Nature
Page : 261 pages
File Size : 54,8 Mb
Release : 2023-07-19
Category : Social Science
ISBN : 9783031339141

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Indigenous Political Representation in Latin America by Adrian Albala,Alejandro Natal Pdf

This book presents a comparative analysis of the struggles of Latin American indigenous peoples for effective representation in national political systems in the region. Through a detailed exploration of the political dynamics of indigenous groups and examples of mechanisms of political representation, the studies in this book reveal how power relations, cleavages and indigenous civil society organizations are essential to our understanding of indigenous political participation. These studies closely inspect how collective action builds up at local level in grassroots organizations, and how it then articulates or not with larger mechanisms of regional and national political representation, providing a more comprehensive and comparative assessment of why and when representation works and fails for indigenous people. This contributed volume is organized around one general and comparative chapter on indigenous political representation in Latin America followed by eight case studies, divided into three main groups. The first group includes cases with a more inclusive political environment, such as Bolivia, Ecuador and Guatemala. The second group brings together cases with certain representation and/or active indigenous elites: Colombia, Mexico, and Paraguay. Tthe third group presents outlier cases with potential indigenous issues: Peru and Chile. Finally, the last chapter brings together reflections on how mechanisms for effective political representation can be improved and how indigenous organizations can be fostered to ensure effective political representation. Indigenous Political Representation in Latin America will be of interest to political scientists, sociologists and anthropologists studying both indigenous collective action and political representation by presenting a discussion on how to structure representation mechanisms capable of politically integrate the ethnic diversity of Latin American countries in order to build a multicultural citizenship. It will also help policy makers and activists by discussing the successes and failures of effective indigenous political representation in Latin America.

Author : Rachel Sieder
Publisher : Unknown
Page : 299 pages
File Size : 50,5 Mb
Release : 2017
Category : Electronic
ISBN : 0813590698

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Demanding Justice and Security by Rachel Sieder Pdf

Author : Stéphanie Rousseau,Anahi Morales Hudon
Publisher : Springer
Page : 225 pages
File Size : 40,6 Mb
Release : 2016-12-19
Category : Political Science
ISBN : 9781349950638

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Indigenous Women’s Movements in Latin America by Stéphanie Rousseau,Anahi Morales Hudon Pdf

This book presents a comparative analysis of the organizing trajectories of indigenous women’s movements in Peru, Mexico, and Bolivia. The authors’ innovative research reveals how the articulation of gender and ethnicity is central to shape indigenous women’s discourses. It explores the political contexts and internal dynamics of indigenous movements, to show that they created different opportunities for women to organize and voice specific demands. This, in turn, led to various forms of organizational autonomy for women involved in indigenous movements. The trajectories vary from the creation of autonomous spaces within mixed-gender organizations to the creation of independent organizations. Another pattern is that of women’s organizations maintaining an affiliation to a male-dominated mixed-gender organization, or what the authors call “gender parallelism”. This book illustrates how, in the last two decades, indigenous women have challenged various forms of exclusion through different strategies, transforming indigenous movements’ organizations and collective identities.

Author : Jakob Kronik,Dorte Verner
Publisher : World Bank Publications
Page : 200 pages
File Size : 50,8 Mb
Release : 2010-06-25
Category : Political Science
ISBN : 0821383817

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Indigenous Peoples and Climate Change in Latin America and the Caribbean by Jakob Kronik,Dorte Verner Pdf

This book addresses the social implications of climate change and climatic variability on indigenous peoples and communities living in the highlands, lowlands, and coastal areas of Latin America and the Caribbean. Across the region, indigenous people already perceive and experience negative effects of climate change and variability. Many indigenous communities find it difficult to adapt in a culturally sustainable manner. In fact, indigenous peoples often blame themselves for the changes they observe in nature, despite their limited emission of green house gasses. Not only is the viability of their livelihoods threatened, resulting in food insecurity and poor health, but also their cultural integrity is being challenged, eroding the confidence in solutions provided by traditional institutions and authorities. The book is based on field research among indigenous communities in three major eco-geographical regions: the Amazon; the Andes and Sub-Andes; and the Caribbean and Mesoamerica. It finds major inter-regional differences in the impacts observed between areas prone to rapid- and slow-onset natural hazards. In Mesoamerican and the Caribbean, increasingly severe storms and hurricanes damage infrastructure and property, and even cause loss of land, reducing access to livelihood resources. In the Columbian Amazon, changes in precipitation and seasonality have direct immediate effects on livelihoods and health, as crops often fail and the reproduction of fish stock is threatened by changes in the river ebb and flow. In the Andean region, water scarcity for crops and livestock, erosion of ecosystems and changes in biodiversity threatens food security, both within indigenous villages and among populations who depend on indigenous agriculture, causing widespread migration to already crowded urban areas. The study aims to increase understanding on the complexity of how indigenous communities are impacted by climate change and the options for improving their resilience and adaptability to these phenomena. The goal is to improve indigenous peoples rights and opportunities in climate change adaptation, and guide efforts to design effective and sustainable adaptation initiatives.

Author : Anna Friederike Busch
Publisher : Springer
Page : 452 pages
File Size : 51,7 Mb
Release : 2015-05-19
Category : Law
ISBN : 9783662467701

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Protection of Traditional Cultural Expressions in Latin America by Anna Friederike Busch Pdf

This book analyses the topic of protecting traditional cultural expressions (TCEs) in Latin America. It questions classic legal approaches and involves the interface of anthropology and law. The study analyses regional, national and local particularities of law on paper and law in reality. It includes personal fieldwork research in selected countries and puts light on the political, socio-economic and environmental dimension of the topic. Based upon these insights, the study gives recommendations for a more enhanced, interdisciplinary understanding and protection of TCEs. Latin America is (still) rich of cultural traditions and bio- and sociodiversity. This region is the cradle of the international discussion on protecting TCEs. The national situations are diverse and allow conclusive comparisons. Some countries have established concrete protection systems, like Panama, and made useful experiences. It is time to resume: What do TCEs really mean? Should they be protected by law and if so, how? What can we learn from the practical experiences made so far? The following is clear: The true test for any new legislation – in Latin America and elsewhere – is its impact on the everyday life.

Author : Marcela Torres Wong
Publisher : Routledge
Page : 164 pages
File Size : 40,8 Mb
Release : 2018-09-03
Category : Business & Economics
ISBN : 9781351210225

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Natural Resources, Extraction and Indigenous Rights in Latin America by Marcela Torres Wong Pdf

In 1989, the International Labor Organization stated that all indigenous peoples living in the postcolonial world were entitled to the right to prior consultation, over activities that could potentially impact their territories and traditional livelihoods. However, in many cases the economic importance of industries such as mining and oil condition the way that governments implement the right to prior consultation. This book explores extractive conflicts between indigenous populations, the government and oil and mining companies in Latin America, namely Mexico, Peru and Bolivia. Building on two years of research and drawing on the state-corporate and environmental crime literatures, this book examines the legal, extralegal, illegal as well as political strategies used by the state and extractive companies to avoid undesired results produced by the legalization of the right to prior consultation. It examines the ways in which prior consultation is utilized by powerful indigenous actors to negotiate economic resources with the state and extractive companies, while also showing the ways in which weaker indigenous groups are incapable of engaging in prior consultations in a meaningful way and are therefore left at the mercy of negative ecological impacts. It demonstrates how social mobilization—not prior consultation—is the most effective strategy in preventing extraction from moving forward within ecologically fragile indigenous territories.

Author : Marianne O. Nielsen,Karen Jarratt-Snider
Publisher : University of Arizona Press
Page : 225 pages
File Size : 42,5 Mb
Release : 2020-05-05
Category : Social Science
ISBN : 9780816540419

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Traditional, National, and International Law and Indigenous Communities by Marianne O. Nielsen,Karen Jarratt-Snider Pdf

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Author : Roger Merino
Publisher : Routledge
Page : 208 pages
File Size : 40,6 Mb
Release : 2021-05-16
Category : Law
ISBN : 9781000387247

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Socio-Legal Struggles for Indigenous Self-Determination in Latin America by Roger Merino Pdf

This book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous’ territorial rights in Latin America. Studies of indigenous peoples’ opposition to extractive industries have tended to focus on its economic, political or social aspects, as if these were discrete dimensions of the conflict. In contrast, this book offers a comprehensive and interdisciplinary understanding of the tensions between indigenous peoples’ territorial rights and the governance of extractive industries and related state developmental policies. Analysing the contentious process pushed by indigenous peoples for implementing pluri-nationality against extractive projects and pro-extractive policies, the book compares the struggle for territorial rights in Bolivia, Ecuador and Peru. Centrally, it argues that indigenous territorial defenses against the extractive industries articulate a politics of self-determination that challenges coloniality as the foundation of the nation-state. The resource governance of the nation-state assumes that indigenous peoples must be integrated or assimilated within multicultural arrangements as ethnic minorities with proprietary entitlements, so they can participate in the benefits of development. As the struggle for indigenous self-determination in Latin America maintains that indigenous peoples must not be considered as ethnic communities with property rights, but as nations with territorial rights, this book argues that it offers a radical re-imagination of politics, development, and constitutional arrangements. Drawing on detailed case studies, this book’s multidisciplinary account of indigenous movements in Latin America will appeal to those with relevant interests in politics, law, sociology and development studies.