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Author: Claire Wright Publisher: Routledge ISBN: 1351042084 Category : Science Languages : en Pages : 243
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 : 243
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: Claude Auroi Publisher: World Scientific ISBN: 1848168470 Category : History Languages : en Pages : 569
Book Description
The book analyses present Latin American issues in their historical course since independence (beginning 1810) and its aftermath, up to the contemporary period. The authors focus on political, economic, social, environmental and cultural developments. It examines the legacies of the past and the multiple changes that have taken place in the last two centuries. Today''s situation suggests that modernization is well under way and will continue. Offering broad insight into present and future concerns, the book enables readers to evaluate potential areas of economic and social growth, as well as assess risks stemming from past events.
Author: Katherine Becerra Valdivia Publisher: Rowman & Littlefield ISBN: 1666909114 Category : Social Science Languages : en Pages : 193
Book Description
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.
Author: Marcela Torres Wong Publisher: Routledge ISBN: 135121022X Category : Business & Economics Languages : en Pages : 188
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: Inter-American Commission on Human Rights Publisher: BRILL ISBN: 9004530541 Category : Law Languages : en Pages : 952
Book Description
The 2015 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is published as an English-Spanish bilingual edition. The print edition is available as a set of three volumes (9789004338524).
Author: Claude Gélinas Publisher: BRILL ISBN: 9004524339 Category : Law Languages : en Pages : 346
Book Description
What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.
Author: Inter-American Commission on Human Rights Publisher: BRILL ISBN: 9004509925 Category : Law Languages : en Pages : 843
Book Description
This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights. The Yearbook is partly published as an English-Spanish bilingual edition. NB: This book is part of a three volume set. Each volume should be ordered separately!Vol 1 isbn 978-90-04-44560-4Vol 2 isbn 978-90-04-50440-0Vol 3 isbn 978-90-04-50991-7
Author: Lorenza B. Fontana Publisher: Cambridge University Press ISBN: 1009265520 Category : Political Science Languages : en Pages : 273
Book Description
This pioneering work explores a new wave of widely overlooked conflicts that have emerged across the Andean region, coinciding with the implementation of internationally acclaimed indigenous rights. Why are groups that have peacefully cohabited for decades suddenly engaging in hostile and, at times, violent behaviours? What is the link between these conflicts and changes in collective self-identification, claim-making, and rent-seeking dynamics? And how, in turn, are these changes driven by broader institutional, legal and policy reforms? By shifting the focus to the 'post-recognition,' this unique study sets the agenda for a new generation of research on the practical consequences of the employment of ethnic-based rights. To develop the core argument on the links between recognition reforms and 'recognition conflicts', Lorenza Fontana draws on extensive empirical material and case studies from three Andean countries – Bolivia, Colombia and Peru – which have been global forerunners in the implementation of recognition politics.
Author: Armin von Bogdandy Publisher: Oxford University Press ISBN: 0197744168 Category : Education Languages : en Pages : 705
Book Description
This interdisciplinary volume brings together leading scholars in international and constitutional law, social sciences, and international relations to present a systematic as well as critical analysis of the impact of the Inter-American System of Human Rights and the legal mechanisms that allow for that impact.
Author: Claire Wright
Author: Claire Wright
Author: Claude Auroi
Author: Katherine Becerra Valdivia
Author: Marcela Torres Wong
Author: Inter-American Commission on Human Rights
Author: Inter-American Commission on Human Rights
Author: Claude Gélinas
Author: Inter-American Commission on Human Rights
Author: Lorenza B. Fontana
Author: Armin von Bogdandy