The Requirement of Consultation with Indigenous Peoples in the ILO PDF Download

Author: International Labour Office
Publisher: International Labour Organization
ISBN: 9221134679
Category : Indigenous peoples
Languages : en
Pages : 116

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Book Description
"The purpose of this publication is to make it easier to understand and use ILO Convention No.169. This convention is the foremost international legal instrument which deals specificially with the rights of indigenous and tribal peoples". (text taken from introduction)

Author: Maria Victoria Cabrera Ormaza
Publisher: BRILL
ISBN: 9004356010
Category : Law
Languages : en
Pages : 262

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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: Malcolm Langford
Publisher: Cambridge University Press
ISBN: 1107010705
Category : Law
Languages : en
Pages : 737

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Book Description
The first book to engage in a comprehensive examination of the human right to water in theory and in practice.

Author: Cathal M. Doyle
Publisher: Routledge
ISBN: 1317703170
Category : Law
Languages : en
Pages : 417

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Book Description
The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.

Author: Luis F. Angosto-Ferrández
Publisher: Routledge
ISBN: 1317399188
Category : Social Science
Languages : en
Pages : 193

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Book Description
The Politics of Identity in Latin American Censuses contributes new and original perspectives to existing discussions about the shaping of multiculturalist ideology in Latin America, its interweaving with the cultural politics of neoliberalism and the relation between ethnic identification resurgence and economic globalization. Scrutinising national censuses across the continent, the studies included in this volume reveal clear relationships between censuses, nation-building and government projects, but also strong and determinant connections between domestic and supra-national spheres. The contributors to this volume open provocative avenues of research on Latin American societies by demonstrating how, in the realm of identity politics, supra-national institutions and normativity socialise national census bureaus in a way that largely annuls ideological differences between regional governments. This book was originally published as a special issue of the Journal of Iberian and Latin American Research.

Author: Claire Wright
Publisher: Routledge
ISBN: 1351042084
Category : Science
Languages : en
Pages : 243

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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: Pablo Marshall
Publisher: Lexington Books
ISBN: 1498563155
Category : History
Languages : en
Pages : 229

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Book Description
Citizenship and Disadvantaged Groups in Chile seeks to overcome an existing void in the literature of Latin American studies addressing the impact of Chile’s post dictatorial legal framework on its historically and structurally disadvantaged groups, concentrating on the various issues and challenges that affect them. Within its eleven chapters it explores the changing social and legal status of LGBTI people, the political disenfranchisement and the social exclusion that affects imprisoned individuals, the harshness of policing on poor and marginalized communities, the deprivation of indigenous peoples of meaningful rights, the vulnerability that affects workers as a consequence of the existing model of labor relations, the disenfranchisement that affects migrants seeking economic opportunities, the denial of citizenship to women involved in the prohibition of abortion, the unsatisfactory regulation of sex work, the prevalence of domestic violence, and the absence of adequate means for disadvantaged groups to institutionalize their political representation. This book offers a distinctive contribution, focusing on a specific country in the Global South that is presently undergoing a process of economic consolidation while facing many of the problems of traditional and unequal Latin American societies.

Author: Paul C. Luken
Publisher: Springer Nature
ISBN: 303054222X
Category : Social Science
Languages : en
Pages : 561

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Book Description
A comprehensive guide to the alternative sociology originating in the work of Dorothy E. Smith, this Handbook not only explores the basic, founding principles of institutional ethnography (IE), but also captures current developments, approaches, and debates. Now widely known as a “sociology for people,” IE offers the tools to uncover the social relations shaping the everyday world in which we live and is utilized by scholars and social activists in sociology and beyond, including such fields as education, nursing, social work, linguistics, health and medical care, environmental studies, and other social-service related fields. Covering the theoretical and methodological underpinnings of IE, recent developments, and current areas of research and application that have yet to appear in the literature, The Palgrave Handbook of Institutional Ethnography is suitable for both experienced practitioners of institutional ethnography and those who are exploring this approach for the first time.

Author: Diane M. Nelson
Publisher: Univ of California Press
ISBN: 0520212851
Category : History
Languages : en
Pages : 450

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Book Description
"Nelson brings the insights of postmodern theory to a highly charged situation and offers compelling interpretations of the state's intense ambivalence toward Mayan culture and Mayans. The writing is lively and accessible, the issues current, and the theoretical contributions very important in this study of the heterogeneity and flux of urban national culture."—Kay B. Warren, author of Indigenous Movements and Their Critics

Author: Juan F. Gonzalez-Bertomeu
Publisher: Routledge
ISBN: 1317026209
Category : Law
Languages : en
Pages : 297

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Book Description
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.