The Prior Consultation Of Indigenous Peoples In Latin America
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Author | : Claire Wright |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Human rights |
ISBN | : 9781138488069 |
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 |
Total Pages | : 164 |
Release | : 2020-12-18 |
Genre | : |
ISBN | : 9780367483630 |
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 | : Claire Wright |
Publisher | : Routledge |
Total Pages | : 243 |
Release | : 2019-08-16 |
Genre | : Science |
ISBN | : 1351042084 |
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 | : Roger Merino |
Publisher | : Routledge |
Total Pages | : 208 |
Release | : 2021-05-16 |
Genre | : Law |
ISBN | : 1000387240 |
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 | : Kay B. Warren |
Publisher | : Princeton University Press |
Total Pages | : 338 |
Release | : 1998-12-27 |
Genre | : History |
ISBN | : 9780691058825 |
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 | : Diana Kapiszewski |
Publisher | : Cambridge University Press |
Total Pages | : 587 |
Release | : 2021-02-04 |
Genre | : Political Science |
ISBN | : 110890159X |
Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.
Author | : Maria Victoria Cabrera Ormaza |
Publisher | : BRILL |
Total Pages | : 262 |
Release | : 2017-11-13 |
Genre | : Law |
ISBN | : 9004356010 |
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 | : Maristella Svampa |
Publisher | : |
Total Pages | : 73 |
Release | : 2019-10-17 |
Genre | : Business & Economics |
ISBN | : 1108707122 |
This Element analyses the political dynamics of neo-extractivism in Latin America. It discusses the critical concepts of neo-extractivism and the commodity consensus and the various phases of socio-environmental conflict, proposing an eco-territorial approach that uncovers the escalation of extractive violence. It also presents horizontal concepts and debates theories that explore the language of Latin American socio-environmental movements, such as Buen Vivir and Derechos de la Naturaleza. In concluding, it proposes an explanation for the end of the progressive era, analyzing its ambiguities and limitations in the dawn of a new political cycle marked by the strengthening of the political rights.
Author | : John-Andrew McNeish |
Publisher | : Berghahn Books |
Total Pages | : 286 |
Release | : 2021-06-11 |
Genre | : Political Science |
ISBN | : 1800731094 |
Sovereignty is a significant force regarding the ownership, use, protection and management of natural resources. By placing an emphasis on the complex intertwined relationship between natural resources and diverse claims to resource sovereignty, this book reveals the backstory of contemporary resource contestations in Latin America and their positioning within a more extensive history of extraction in the region. Exploring cases of resource contestation in Bolivia, Colombia and Guatemala, Sovereign Forces highlights the value of these relationships to the practice of environmental governance and peacebuilding in the region.
Author | : George Psacharopoulos |
Publisher | : Ashgate Publishing |
Total Pages | : 264 |
Release | : 1996 |
Genre | : Business & Economics |
ISBN | : |
Indigenous people constitute a large portion of Latin America's population and suffer from severe and widespread poverty. They are more likely than any other groups of a country's population to be poor. This study documents their socioeconomic situation and shows how it can be improved through changes in policy-influenced variables such as education. The authors review the literature of indigenous people around the world and provide a statistical overview of those in Latin America. Case studies profile the indigenous populations in Bolivia, Guatemala, Mexico and Peru, examining their distribution, education, income, labour force participation and differences in gender roles. A final chapter presents recommendations for conducting future research.