Pobladoras, Indígenas, and the State

Pobladoras, Indígenas, and the State
Author: Patricia Richards
Publisher: Rutgers University Press
Total Pages: 276
Release: 2004
Genre: History
ISBN: 9780813534237

This critical analysis of the role of the state, diversity of women's movements and the social and political position of indigenous peoples of Latin America provides an illuminating discussion of the ways in which the state defines women's interest, and constructs women's citizenship.

Protection of Traditional Cultural Expressions in Latin America

Protection of Traditional Cultural Expressions in Latin America
Author: Anna Friederike Busch
Publisher: Springer
Total Pages: 476
Release: 2015-05-19
Genre: Law
ISBN: 3662467704

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.

El acceso de los indígenas a la tierra en los ordenamientos jurídicos de América Latina

El acceso de los indígenas a la tierra en los ordenamientos jurídicos de América Latina
Author: José Aylwin Oyarzún
Publisher:
Total Pages: 88
Release: 2002
Genre: Political Science
ISBN:

El documento que aquí se presenta aborda el tema del acceso de los indígenas a la tierra en América Latina desde una perspectiva histórico jurídica. A objeto de entender la situación actual de la relación de los pueblos indígenas con sus tierras, territorios y recursos naturales en la región, se hace un recorrido histórico, comenzando en el período previo al arribo de los europeos, para llegar hasta nuestros días. Se analizan las leyes, instituciones y acciones impulsadas en esta materia por las autoridades coloniales y más tarde por los gobiernos republicanos, así como las implicancias que estas han tenido para las tierras de los pueblos originarios y de sus comunidades. Se analiza con énfasis el tratamiento que en la actualidad se le da a tierras, territorios y recursos naturales indígenas de Bolivia, Brasil, Chile, Guatemala y México.

Marginalized Communities and Access to Justice

Marginalized Communities and Access to Justice
Author: Yash Ghai CBE
Publisher: Routledge
Total Pages: 281
Release: 2009-12-16
Genre: Law
ISBN: 1135236135

Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.

Sentient Lands

Sentient Lands
Author: Piergiorgio Di Giminiani
Publisher: University of Arizona Press
Total Pages: 265
Release: 2018-11-20
Genre: Social Science
ISBN: 0816535523

In 1990, when Augusto Pinochet’s 17-year military dictatorship ended, democratic rule returned to Chile. Since then, Indigenous organizations have mobilized to demand restitution of their ancestral territories seized over the past 150 years. Sentient Lands is a historically grounded ethnography of the Mapuche people’s engagement with state-run reconciliation and land-restitution efforts. Piergiorgio Di Giminiani analyzes environmental relations, property, state power, market forces, and indigeneity to illustrate how land connections are articulated, in both landscape experiences and land claims. Rather than viewing land claims as simply bureaucratic procedures imposed on local understandings and experiences of land connections, Di Giminiani reveals these processes to be disputed practices of world making. Ancestral land formation is set in motion by the entangled principles of Indigenous and legal land ontologies, two very different and sometimes conflicting processes. Indigenous land ontologies are based on a relation between two subjects—land and people—both endowed with sentient abilities. By contrast, legal land ontologies are founded on the principles of property theory, wherein land is an object of possession that can be standardized within a regime of value. Governments also use land claims to domesticate Indigenous geographies into spatial constructs consistent with political and market configurations. Exploring the unexpected effects on political activism and state reparation policies caused by this entanglement of Indigenous and legal land ontologies, Di Giminiani offers a new analytical angle on Indigenous land politics.

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples
Author: Catarina Woyames Dreher
Publisher: Springer Nature
Total Pages: 268
Release: 2024-01-05
Genre: Law
ISBN: 3031505395

This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.

The World is Out of Joint

The World is Out of Joint
Author: Immanuel Wallerstein
Publisher: Routledge
Total Pages: 199
Release: 2015-11-17
Genre: Social Science
ISBN: 1317248724

The dominant view in social science has been that the modern world shows a pattern of linear development in which all positive social trends rise (albeit at an uncertain speed) toward a relatively homogenized world. In the post-1945 period, some analysts contested this linear model, arguing that the modern world was rather one of escalating polarization. Their view was strengthened by the separate emergence within the natural sciences of complexity studies, which suggested that natural systems inevitably moved away from equilibrium, and at a certain point bifurcated radically. This book, based on a truly collaborative international research project, evaluates the empirical evidence in this debate in order to (1) give an adequate portrayal of the historical realities of the world-system, (2) draw a nuanced assessment about this debate, and (3) provide the basis on which we can not only envisage probable future trends but also draw conclusions about the policy and/or political implications of past and future research. The work of ten research clusters, based on crucial topics of overlapping nodes of social activity, provides a vantage-point with which to assess the basic issue; a clear picture emerges of "world-historical interpretations of continuing polarizations."

Race and the Chilean Miracle

Race and the Chilean Miracle
Author: Patricia Lynne Richards
Publisher: University of Pittsburgh Pre
Total Pages: 282
Release: 2013-06-28
Genre: History
ISBN: 0822978679

The economic reforms imposed by Augusto Pinochet's regime (1973-1990) are often credited with transforming Chile into a global economy and setting the stage for a peaceful transition to democracy, individual liberty, and the recognition of cultural diversity. The famed economist Milton Friedman would later describe the transition as the "Miracle of Chile." Yet, as Patricia Richards reveals, beneath this veneer of progress lies a reality of social conflict and inequity that has been perpetuated by many of the same neoliberal programs. In Race and the Chilean Miracle, Richards examines conflicts between Mapuche indigenous people and state and private actors over natural resources, territorial claims, and collective rights in the Araucania region. Through ground-level fieldwork, extensive interviews with local Mapuche and Chileans, and analysis of contemporary race and governance theory, Richards exposes the ways that local, regional, and transnational realities are shaped by systemic racism in the context of neoliberal multiculturalism. Richards demonstrates how state programs and policies run counter to Mapuche claims for autonomy and cultural recognition. The Mapuche, whose ancestral lands have been appropriated for timber and farming, have been branded as terrorists for their activism and sometimes-violent responses to state and private sector interventions. Through their interviews, many Mapuche cite the perpetuation of colonialism under the guise of development projects, multicultural policies, and assimilationist narratives. Many Chilean locals and political elites see the continued defiance of the Mapuche in their tenacious connection to the land, resistance to integration, and insistence on their rights as a people. These diametrically opposed worldviews form the basis of the racial dichotomy that continues to pervade Chilean society. In her study, Richards traces systemic racism that follows both a top-down path (global, state, and regional) as well as a bottom-up one (local agencies and actors), detailing their historic roots. Richards also describes potential positive outcomes in the form of intercultural coalitions or indigenous autonomy. Her compelling analysis offers new perspectives on indigenous rights, race, and neoliberal multiculturalism in Latin America and globally.