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Author: Claire Wright
Publisher: Routledge
ISBN: 1351042084
Category : Science
Languages : en
Pages : 249
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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 : 249
Get Book
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: Marcela Torres Wong
Publisher: Routledge
ISBN: 135121022X
Category : Business & Economics
Languages : en
Pages : 164
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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: Jessika Eichler
Publisher: Routledge
ISBN: 1000020193
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
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
Publisher: Liverpool University Press
ISBN: 1837642400
Category : Political Science
Languages : en
Pages : 261
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Book Description
The Indian question has come to the forefront of political agendas in contemporary Latin America. In the process, indigenous movements have emerged as important social actors, raising a variety of demands on behalf of native peoples. Regardless of the situation of Indian groups as small minorities or significant sectors, many Latin American states have been forced to consider whether they should have the same status as all citizens or whether they should be granted special citizenship rights as Indians. This book examines the struggle for indigenous rights in eight 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 case studies examine the ways in which the Indian question arises in each country, with reference to the protagonism of indigenous movements in the context of the threats and opportunities posed by neoliberal policies. The complexities posed by the varying demographic weight of indigenous populations, the interrelation of class and ethnicity, and the interplay between indigenous and popular struggles are discussed.
Author: JESSIKA. EICHLER
Publisher: Routledge
ISBN: 9780367729615
Category :
Languages : en
Pages : 208
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Book Description
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: Hector Diaz Polanco
Publisher: Routledge
ISBN: 0429968418
Category : Political Science
Languages : en
Pages : 177
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Book Description
This book deals with the perennial tensions between ethnic groups and the modern nation-state and does so from the perspective of a leading Mexican anthropologist with deep and long experience in these matters. As such, it is both a superb introduction to the basic issues and a presentation of the author's own original contributions. The appearance of this book in English gives North American readers access to these important and political currents in Latin American anthropology and political economy. It is required reading for anyone wishing to understand the current recrudescence of indigenous peoples at this moment in history?when conventional wisdom had predicted its demise.
Author: Kay B. Warren
Publisher: Princeton University Press
ISBN: 0691225303
Category : Social Science
Languages : en
Pages : 334
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Book Description
In this first book-length treatment of Maya intellectuals in national and community affairs in Guatemala, Kay Warren presents an ethnographic account of Pan-Maya cultural activism through the voices, writings, and actions of its participants. Challenging the belief that indigenous movements emerge as isolated, politically unified fronts, she shows that Pan-Mayanism reflects diverse local, national, and international influences. She explores the movement's attempts to interweave these varied strands into political programs to promote human and cultural rights for Guatemala's indigenous majority and also examines the movement's many domestic and foreign critics. The book focuses on the years of Guatemala's peace process (1987--1996). After the previous ten years of national war and state repression, the Maya movement reemerged into public view to press for institutional reform in the schools and courts and for the officialization of a "multicultural, ethnically plural, and multilingual" national culture. In particular, Warren examines a group of well-known Mayanist antiracism activists--among them, Demetrio Cojt!, Mart!n Chacach, Enrique Sam Colop, Victor Montejo, members of Oxlajuuj Keej Maya' Ajtz'iib', and grassroots intellectuals in the community of San Andr s--to show what is at stake for them personally and how they have worked to promote the revitalization of Maya language and culture. Pan-Mayanism's critics question its tactics, see it as threatening their own achievements, or even as dangerously polarizing national society. This book highlights the crucial role that Mayanist intellectuals have come to play in charting paths to multicultural democracy in Guatemala and in creating a new parallel middle class.
Author: Roger Merino
Publisher: Routledge
ISBN: 1000387240
Category : Law
Languages : en
Pages : 208
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Book Description
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.
Author: Willem Assies
Publisher: Purdue University Press
ISBN:
Category : Social Science
Languages : en
Pages : 336
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Book Description
Over the past several years new constitutions have been promulgated in many Latin American countries. A notable feature of the new constitutional frameworks is the recognition of the multiethnic and pluricultural character of these Latin American societies and States. Without question this fact reflects the new weight that indigenous movements have gained in political processes in the region. The recognition of multiethnicity constitutes a significant break with the previous perspective based on homogeneity and assimilation. Although this recognition of diversity is indeed important, the real test and challenge shall be the full implementation of diversity through concrete policies and institutional reforms.
Author: United Nations Department of Economic and Social Affairs
Publisher: United Nations
ISBN: 9210548434
Category : Political Science
Languages : en
Pages : 250
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Book Description
While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.
