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Indigenous Collective Rights In Latin America
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Book Synopsis Indigenous Collective Rights in Latin America by : Katherine Becerra Valdivia
Download or read book Indigenous Collective Rights in Latin America written by Katherine Becerra Valdivia and published by Rowman & Littlefield. This book was released on 2022-09-23 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reconciling Indigenous Peoples’ Individual and Collective Rights by : Jessika Eichler
Download or read book Reconciling Indigenous Peoples’ Individual and Collective Rights written by Jessika Eichler and published by Routledge. This book was released on 2019-05-09 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Struggle for Indigenous Rights in Latin America by : Nancy Grey Postero
Download or read book The Struggle for Indigenous Rights in Latin America written by Nancy Grey Postero and published by Liverpool University Press. This book was released on 2004 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis Reconciling Indigenous Peoples' Individual and Collective Rights by : JESSIKA. EICHLER
Download or read book Reconciling Indigenous Peoples' Individual and Collective Rights written by JESSIKA. EICHLER and published by Routledge. This book was released on 2020-12-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Balance between Indigenous Land Claims and Individual Private Property Rights in Latin America by : Janine Schildt
Download or read book The Balance between Indigenous Land Claims and Individual Private Property Rights in Latin America written by Janine Schildt and published by GRIN Verlag. This book was released on 2010-10-19 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2009 in the subject 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 Latin American countries, the implementation of the progressive decisions of the IACtHR is frequently delayed.
Book Synopsis Multiculturalism in Latin America by : R. Sieder
Download or read book Multiculturalism in Latin America written by R. Sieder and published by Springer. This book was released on 2002-06-28 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Balance Between Indigenous Land Claims and Individual Private Property Rights in Latin America by : Janine Schildt
Download or read book The Balance Between Indigenous Land Claims and Individual Private Property Rights in Latin America written by Janine Schildt and published by GRIN Verlag. This book was released on 2010-10 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Indigenous Political Representation in Latin America by : Adrian Albala
Download or read book Indigenous Political Representation in Latin America written by Adrian Albala and published by Springer Nature. This book was released on 2023-07-19 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Food and Agriculture Organization of the United Nations Publisher :Food & Agriculture Org. ISBN 13 :9251339708 Total Pages :169 pages Book Rating :4.2/5 (513 download)
Book Synopsis Forest governance by indigenous and tribal peoples by : Food and Agriculture Organization of the United Nations
Download or read book Forest governance by indigenous and tribal peoples written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2021-03-25 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The document summarizes the report that, based on a review of more than 250 studies, demonstrates the importance and urgency of climate action to protect the forests of the indigenous and tribal territories of Latin America as well as the indigenous and tribal peoples who protect them. These territories contain about a third of the continent's forests. That's 14% of the carbon stored in tropical forests around the world; These territories are also home to an enormous diversity of wild fauna and flora and play a key role in stabilizing the local and regional climate. Based on an analysis of the approaches that have proven effective in recent decades, a set of investments and policies is proposed for adoption by climate funders and government decision-makers in collaboration with indigenous and tribal peoples. These measures are grouped into five main categories: i) strengthening of collective territorial rights; ii) compensate indigenous and tribal communities for the environmental services they provide; iii) facilitate community forest management; iv) revitalize traditional cultures and knowledge; and v) strengthen territorial governance and indigenous and tribal organizations. Preliminary analysis suggests that these investments could significantly reduce expected carbon emissions at a low cost, in addition to offering many other environmental and social benefits.
Author :Vereinte Nationen Economic Commission for Latin America and the Caribbean Publisher : ISBN 13 : Total Pages : pages Book Rating :4.:/5 (124 download)
Book Synopsis The Impact of COVID-19 on Indigenous Peoples in Latin America (Abya Yala) by : Vereinte Nationen Economic Commission for Latin America and the Caribbean
Download or read book The Impact of COVID-19 on Indigenous Peoples in Latin America (Abya Yala) written by Vereinte Nationen Economic Commission for Latin America and the Caribbean and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The health and socioeconomic crisis triggered by the COVID-19 pandemic has hit the countries of Latin America hard and laid bare the profound inequities about which numerous international, regional and national reports have sounded warnings in recent decades. In this context, the historical political and economic exclusion and marginalization of the more than 800 indigenous peoples in the region has been accentuated as a result of insufficient State responses to the crisis, which have not adequately considered the collective rights of these peoples and have had little cultural relevance. This document provides an overview of the situation of indigenous peoples in the region in the face of the COVID-19 pandemic. It analyses both the State's and indigenous peoples' own responses to the crisis, as well as offering a set of recommendations to rectify the neglect of these peoples in the management of the pandemic, centring on their collective rights.
Book Synopsis Pioneer on Indigenous Rights by : Rodolfo Stavenhagen
Download or read book Pioneer on Indigenous Rights written by Rodolfo Stavenhagen and published by Springer Science & Business Media. This book was released on 2012-12-14 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Indigenous Women’s Movements in Latin America by : Stéphanie Rousseau
Download or read book Indigenous Women’s Movements in Latin America written by Stéphanie Rousseau and published by Springer. This book was released on 2016-12-19 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Protection of Traditional Cultural Expressions in Latin America by : Anna Friederike Busch
Download or read book Protection of Traditional Cultural Expressions in Latin America written by Anna Friederike Busch and published by Springer. This book was released on 2015-05-19 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Socio-Legal Struggles for Indigenous Self-Determination in Latin America by : Roger Merino
Download or read book Socio-Legal Struggles for Indigenous Self-Determination in Latin America written by Roger Merino and published by Routledge. This book was released on 2021-05-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Demanding Justice and Security by : Rachel Sieder
Download or read book Demanding Justice and Security written by Rachel Sieder and published by Rutgers University Press. This book was released on 2017-06-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across Latin America, indigenous women are organizing to challenge racial, gender, and class discrimination through the courts. Collectively, by engaging with various forms of law, they are forging new definitions of what justice and security mean within their own contexts and struggles. They have challenged racism and the exclusion of indigenous people in national reforms, but also have challenged ‘bad customs’ and gender ideologies that exclude women within their own communities. Featuring chapters on Bolivia, Colombia, Ecuador, Guatemala, and Mexico, the contributors to Demanding Justice and Security include both leading researchers and community activists. From Kichwa women in Ecuador lobbying for the inclusion of specific clauses in the national constitution that guarantee their rights to equality and protection within indigenous community law, to Me’phaa women from Guerrero, Mexico, battling to secure justice within the Inter-American Court of Human Rights for violations committed in the context of militarizing their home state, this book is a must-have for anyone who wants to understand the struggle of indigenous women in Latin America.
Book Synopsis Latin America's Multicultural Movements by : Todd A. Eisenstadt
Download or read book Latin America's Multicultural Movements written by Todd A. Eisenstadt and published by Oxford University Press. This book was released on 2013-02-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together the expertise of dozens of Latin American scholars, Latin America's Multicultural Movements examines multicultural rights recognition in theory and in practice. The authors move beyond abstract debates common in the literature on multiculturalism to examine indigenous rights recognition in different real-world settings, comparing cases in unitary states (Bolivia, Ecuador) with subnational autonomy regimes in Mexico's federal states (Chiapas, Oaxaca, and Yucat?n).
Book Synopsis Multiple InJustices by : R. Aída Hernández Castillo
Download or read book Multiple InJustices written by R. Aída Hernández Castillo and published by University of Arizona Press. This book was released on 2016-11-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: R. Aída Hernández Castillo synthesizes twenty-four years of research and activism among indigenous women's organizations in Latin America, offering a critical new contribution to the field of activist anthropology and for anyone interested in social justice.
