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Reconciling Indigenous Peoples’ Individual and Collective Rights

Author: Jessika Eichler

Publisher: Routledge

Published: 2019-05-09

Total Pages: 242

ISBN-13: 1000020193

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.

The Struggle for Indigenous Rights in Latin America

Author: Nancy Grey Postero

Publisher: Liverpool University Press

Published: 2004

Total Pages: 274

ISBN-13:

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"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.

Reconciling Indigenous Peoples' Individual and Collective Rights

Author: JESSIKA. EICHLER

Publisher: Routledge

Published: 2020-12-20

Total Pages: 208

ISBN-13: 9780367729615

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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.

The Balance between Indigenous Land Claims and Individual Private Property Rights in Latin America

Author: Janine Schildt

Publisher: GRIN Verlag

Published: 2010-10-19

Total Pages: 13

ISBN-13: 3640727487

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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.

Multiculturalism in Latin America

Author: R. Sieder

Publisher: Springer

Published: 2002-06-28

Total Pages: 294

ISBN-13: 1403937826

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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.

The Balance Between Indigenous Land Claims and Individual Private Property Rights in Latin America

Author: Janine Schildt

Publisher: GRIN Verlag

Published: 2010-10

Total Pages: 29

ISBN-13: 3640728130

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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

Indigenous Political Representation in Latin America

Author: Adrian Albala

Publisher: Springer Nature

Published: 2023-07-19

Total Pages: 261

ISBN-13: 3031339142

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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.

Forest governance by indigenous and tribal peoples

Author: Food and Agriculture Organization of the United Nations

Publisher: Food & Agriculture Org.

Published: 2021-03-25

Total Pages: 169

ISBN-13: 9251339708

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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.

Pioneer on Indigenous Rights

Author: Rodolfo Stavenhagen

Publisher: Springer Science & Business Media

Published: 2012-12-14

Total Pages: 173

ISBN-13: 3642341500

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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.