The Prior Consultation of Indigenous Peoples in Latin America PDF Download
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Author: Claire Wright
Publisher: Routledge
ISBN: 1351042084
Category : Science
Languages : en
Pages : 243
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Book Description
This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).
Author: Claire Wright
Publisher: Routledge
ISBN: 1351042084
Category : Science
Languages : en
Pages : 243
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Book Description
This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).
Author: Jessie Hohmann
Publisher: Oxford University Press
ISBN: 0191653993
Category : Law
Languages : en
Pages : 731
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Book Description
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
Author: Maria Victoria Cabrera Ormaza
Publisher: BRILL
ISBN: 9004356010
Category : Law
Languages : en
Pages : 262
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Book Description
In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 336
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Book Description
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530436
Category : Law
Languages : en
Pages : 1358
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Book Description
Author: Amelia Alba Arévalo
Publisher: Universidad de Deusto
ISBN: 8415759355
Category : Political Science
Languages : es
Pages : 115
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Book Description
Este estudio tiene por objeto presentar el derecho a la consulta previa de los pueblos indígenas bajo un análisis crítico de su desarrollo en el derecho internacional, poniendo énfasis en los procesos consultivos en actividades extractivas. Para lograr este objetivo, el estudio se ha dividido en cinco partes, en las cuales se analiza el fundamento del derecho a la consulta, su marco jurídico internacional, sus aspectos más elementales (como su aplicación personal, temporal o material); su relación con el derecho al consentimiento, así como los pronunciamientos de los sistemas regionales de derechos humanos (americano y africano) relacionados a este derecho.
Author: Marcela Torres Wong
Publisher: Routledge
ISBN: 135121022X
Category : Business & Economics
Languages : en
Pages : 188
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Book Description
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: Cathal M. Doyle
Publisher: Routledge
ISBN: 1317703170
Category : Law
Languages : en
Pages : 417
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Book Description
The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.
Author: Nicholas A. Robins
Publisher: U of Nebraska Press
ISBN: 1496221419
Category : History
Languages : en
Pages : 383
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Book Description
The natural wealth of the Amazon and Andes has long attracted fortune seekers, from explorers, farmers, and gold panners to multimillion-dollar mining, oil and gas, and timber operations. Modern demands for commodities have given rise to new development schemes, including hydroelectric dams, open cast mines, and industrial agricultural operations. The history of human habitation in this region is intimately tied to its rich biodiversity, and the Amazon basin is home to scores of indigenous groups, many of whom have populations so small that their cultural and physical survival is endangered. Landscapes of Inequity explores the debate over rights to and use of resources and addresses fundamental questions that inform the debate in the western Amazon basin, from the Andes Mountains to the tropical lowlands. Beginning with an examination of the divergent conceptual interpretations of environmental justice, the volume explores the issue from two interlocking perspectives: of indigenous peoples and of economic development in a global economy. The volume concludes by examining the efficacy of laws and policies concerning the environment in the region, the viability and range of judicial recourse, and future directions in the field of environmental justice.
Author: Gönül Bozoğlu
Publisher: Taylor & Francis
ISBN: 1040003729
Category : Art
Languages : en
Pages : 597
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Book Description
The Routledge International Handbook of Heritage and Politics surveys the intersection of heritage and politics today and helps elucidate the political implications of heritage practices. It explicitly addresses the political and analyses tensions and struggles over the distribution of power. Including contributions from early-career scholars and more established researchers, the Handbook provides global and interdisciplinary perspectives on the political nature, significance and consequence of heritage and the various practices of management and interpretation. Taking a broad view of heritage, which includes not just tangible and intangible phenomena, but the ways in which people and societies live with, embody, experience, value and use the past, the volume provides a critical survey of political tensions over heritage in diverse social and cultural contexts. Chapters within the book consider topics such as: neoliberal dynamics; terror and mobilisations of fear and hatred; old and new nationalisms; public policy; recognition; denials; migration and refugeeism; crises; colonial and decolonial practice; communities; self- and personhood; as well as international relations, geopolitics, soft power and cooperation to address global problems. The Routledge International Handbook of Heritage and Politics makes an intervention into the theoretical debate about the nature and role of heritage as a political resource. It is essential reading for academics and students working in heritage studies, museum studies, politics, memory studies, public history, geography, urban studies and tourism.
