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Author: Claire Wright Publisher: ISBN: 9781138488069 Category : Human rights Languages : en Pages : 0
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: ISBN: 9781138488069 Category : Human rights Languages : en Pages : 0
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 : 249
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: Marcela Torres Wong Publisher: Routledge ISBN: 9780367483630 Category : Languages : en Pages : 164
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: S. James Anaya Publisher: Oxford University Press, USA ISBN: 9780195173505 Category : Law Languages : en Pages : 414
Book Description
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Author: Irene Watson Publisher: Taylor & Francis ISBN: 1317240669 Category : Law Languages : en Pages : 237
Book Description
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Author: Maria Victoria Cabrera Ormaza Publisher: BRILL ISBN: 9004356010 Category : Law Languages : en Pages : 262
Book Description
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: Claire Wright
Author: Claire Wright
Author: Claire Wright
Author: Amelia Alva-Arévalo
Author: Marcela Torres Wong
Author: María Clara Galvis
Author: Fundación para el Debido Proceso Legal
Author: S. James Anaya
Author: Irene Watson
Author: Maria Victoria Cabrera Ormaza
Author: María Clara Galvis