scholarly journals Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina

2021 ◽  
Vol 115 (4) ◽  
pp. 706-713
Author(s):  
Maria Antonia Tigre
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Property A ◽  
Healthy Environment ◽  
Adequate Food ◽  
Indigenous Groups ◽  
Communal Property ◽  
First Time ◽  
Significant Milestone

On February 6, 2020, the Inter-American Court of Human Rights (Court) declared in Lhaka Honhat Association v. Argentina that Argentina violated Indigenous groups’ rights to communal property, a healthy environment, cultural identity, food, and water. For the first time in a contentious case, the Court analyzed these rights autonomously based on Article 26 of the American Convention on Human Rights (ACHR) and ordered specific restitution measures, including actions to provide access to adequate food and water, and the recovery of forest resources and Indigenous culture. The decision marks a significant milestone for protecting Indigenous peoples’ rights and expanding the autonomous rights to a healthy environment, water, and food, which are now directly justiciable under the Inter-American human rights system.

“Lhaka Honhat Association v. Argentina”: Landmark decision on direct justiciability of Article 26 ACHR and the autonomous right to a healthy environment

2020 ◽  
Vol 53 (4) ◽  
pp. 492-506
Author(s):  
Margret Carstens
Keyword(s):  
Human Rights ◽  
Indigenous Communities ◽  
Environmental Damage ◽  
Court Cases ◽  
Human Right ◽  
Healthy Environment ◽  
Adequate Food ◽  
The Right ◽  
Access To Food ◽  
Scope Of Protection

The Inter-American Court of Human Rights (IACtHR), after 28 years of conflict with the Argentine state, finally ruled in favor of the rights of the indigenous communities of Salta, Argentina. The Court condemned Argentina for violating the right of these indigenous communities to their cultural identity, a healthy environment, and adequate food and water. The Court ordered specific action in Argentina for the restitution of those rights, including urgently needed access to food and water, reforestation and the recovery of indigenous culture. Lhaka Honhat is a landmark judgment for the IACtHR sets a precedent concerning the direct justiciability of Article 26 of the American Convention on Human Rights (ACHR). This is the first ruling by this Court to independently analyze the human right to a healthy environment. “Lhaka Honhat” establishes clearer rules for State actions concerning the principle of prevention of environmental damage caused by private individuals and establishes guidelines for restitution and compensation for the violation of indigenous (collective) rights when their natural resources are affected. A more comprehensive reading of the scope of protection under Article 26 in future court cases is likely.

scholarly journals LOS DERECHOS A UN AMBIENTE SANO, A LA ALIMENTACIÓN ADECUADA, AL AGUA Y A LA IDENTIDAD CULTURAL. CASO COMUNIDADES INDÍGENAS MIEMBROS DE LA ASOCIACIÓN LHAKA HONHAT (NUESTRA TIERRA) VS. ARGENTINA ANTE LA CIDH.

2020 ◽  
Vol 5 (2) ◽  
pp. 330-355
Author(s):  
Fanny Verónica Mora Navarro
Keyword(s):  
Cultural Identity ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Final Decision ◽  
Political Rights ◽  
Cultural Rights ◽  
Healthy Environment ◽  
Adequate Food ◽  
Identidad Cultural ◽  
The Right

The case Lhaka Honhat (Our Land) is the first in the IACHR related with the claim of the indigenous communities in Argentina. The final decision of the case was stated the 6th of February 2020. The IACHR considered that the State is responsible for the violation of the right of participate in a cultural life, contained in the cultural identity, to a healthy environment, appropriate nutrition and water, stated in the article 26 of the American Convention on Human Rights. This is the first precedent regarding social rights and indigenous peoples. The investigation will address: the importance and progress of the resolutions of the IACHR, related with indigenous peoples; the main judgments that support the differentiated analysis of civil and political rights regarding economic, social and cultural rights; and the rights to a healthy environment, to adequate food, to water and to cultural identity and peculiarities in relation to indigenous peoples

Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

Competing Values in World Culture and the Emergence of Middle Ground

2008 ◽  
Vol 7 (1) ◽  
pp. 28-50
Author(s):  
Eun young Song
Keyword(s):  
Human Rights ◽  
Protected Areas ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Human Interaction ◽  
Wild Plants ◽  
Biological Knowledge ◽  
Middle Ground ◽  
Cultural Rights ◽  
Rights Issues

AbstractThis paper, focusing on a Botswanan case of Community-Based Natural Resource Management (CBNRM), illustrates how globalized norms in seeming competition nonetheless reveal a potential middle ground. In Botswana there have been conflicts between regimes of environmentalism and indigenous cultural rights. Environmental protectionism has been based on a concept of “pristine nature” which does not allow for human interaction. Thus, the more protected areas are designated, the more indigenous peoples' lands are claimed as nature reserves. This forces local peoples to abandon cultural practices such as hunting animals and gathering wild plants. In contrast, impelled by the ascention of human rights issues, advocacy groups for the unorganized fourth world and indigenous communities have been struggling to protect indigenous people's cultural rights, thereby giving prominence to human rights issues. NGO advocates for indigenous peoples as well as professionals involved with indigenous groups have found that indigenous people's practices are in fact not harmful to the ecosystem. Rather, their ethno-biological knowledge and customary activities contribute to balancing the local ecosystem. This means that conflicting guidelines can be harmonized in “buffer zones” around protected areas, and the buffering program that has resulted, that by CBNRM, has been widely accepted in Botswana and is likely applicable to other countries in which we find similar value competition.

scholarly journals As culturas do confinamento: um olhar da crise, a partir da realidade dos povos indígenas

2020 ◽  
Vol 8 (2) ◽  
pp. 143-157
Author(s):  
Antonio Hilario Aguilera Urquiza ◽  
Ana Keila Mosca Pinezi
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Vulnerable Populations ◽  
Indigenous Health ◽  
Health Policies ◽  
Vulnerable Groups ◽  
Health Issues ◽  
Humanitarian Crisis ◽  
Brazilian Society ◽  
Indigenous Groups

O presente artigo objetivou desenvolver breve reflexão a respeito de como os povos indígenas brasileiros têm lidado com a pandemia pelo novo coronavírus e como têm sido afetados por ela. Ainda, pretendeu-se discutir o descaso do Estado brasileiro com os direitos humanos dessas populações mais vulneráveis. Em termos metodológicos, foram utilizadas pesquisas acerca do avanço do novo coronavírus entre etnias indígenas brasileiras, além de dados secundários de depoimentos em sites de ONGs e institutos especializados no assunto. A pesquisa nos mostra que a realidade da pandemia escancarou o quanto a sociedade brasileira é desigual em vários níveis e diferentes contextos, e como são tratadas deficientemente as questões de saúde de grupos vulneráveis, como os indígenas. Evidenciou, ainda, que não apenas cada comunidade tem sua maneira própria de conviver com a pandemia, mas também de que não há políticas de saúde adequadas e eficazes voltadas aos grupos vulneráveis que são os que mais sofrem perdas com esta crise sanitária e humanitária.   Confinement cultures: a look at the crisis, based on the reality of indigenous peoples This article aimed to develop a brief reflection on how different Brazilian indigenous groups deal with the pandemic caused by the new coronavirus, and how they have been affected by it. Furthermore, it intended to discuss the human rights’ neglect by the Brazilian State against those very vulnerable populations. In terms of methodology, the approach taken was based on evaluation of research data about the advancement of the new coronavirus among Brazilian indigenous ethnicities, in addition to secondary testimonial data from NGOs’ and subject matter specialized institutes’ websites. This research shows evidence of how the pandemic clearly revealed the inequalities within Brazilian society, in various levels and different contexts, and how deficiently handled health issues are among vulnerable populations, like the indigenous groups. In addition, it indicates that not only each community has its own way of dealing with the pandemic, but also that there are no adequate and effective health policies aimed at vulnerable groups, which are the ones that suffer the most from this health and humanitarian crisis. Keywords: Pandemic. Indigenous health. Human rights. Coronavirus.

scholarly journals ‘Another Tool in the Kete’: Māori Engaging with the International Human Rights Framework

2021 ◽  
Author(s):  
◽  
Hannah Mackintosh
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Local Level ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Development Project ◽  
Methodological Foundation ◽  
Rights Discourse ◽  
The Way

<p>In this study, I consider how the universal concept of human rights is being engaged with and interpreted by Māori communities in Aotearoa/New Zealand. The rights of indigenous peoples have recently been formally defined within United Nations forums and cemented in the United Nations Declaration on the Rights of Indigenous Peoples. This research argues that the indigenous rights movement indicates a shift in many of the debates that have dominated the global rights rhetoric to a more evolutionary concept of human rights. It suggests that engaging with these debates has the potential to open up new dialogue within the human rights discourse for alternative ways of considering human rights at the global level. This will impact the way that rights-based approaches to development are implemented, engaged with and utilised at the local level. However, currently little is known about the ways in which indigenous communities are using human rights at the local level. This work focuses on a successful rights-based community development programme as a case study. Through this exploration, I consider the levels of empowerment and the positive impacts that resulted from increased knowledge of human rights in the region. I further present some of the principles inherent in the successful application of a rights-based development project. From a methodological perspective, it provides an exploration into the way that research involving indigenous communities is conducted. As a Pākehā researcher working with Māori communities I had to take extra care to ensure that this research had an ethically sound methodological foundation. Taking a critical perspective, I consider some of the political and social implications of being a non-indigenous researcher working with indigenous communities. This work illustrates that highly ethical, critical methodological approaches are essential to any development work. Overall, the research proposes that Māori concepts of human rights are placed within a distinct cultural framework. Human rights are understood and given meaning through Kaupapa Māori, tikanga and whakapapa. They are also framed within the experiences of a colonial history. This research provides an example of how this universal framework is localised to fit particular historical, local and cultural contexts increasing its potential to be a tool for positive social change. It provides a conceptual, methodological and practical inquiry into rights-based approaches as a way of delivering development.</p>

III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

2011 ◽  
Vol 60 (1) ◽  
pp. 245-270 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Working Group ◽  
Indigenous Communities ◽  
Indigenous Populations ◽  
Advisory Opinion ◽  
African Charter ◽  
The United Nations ◽  
African Commission

The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa.2While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy.3At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Indigenous Peoples in 2007 (UNDRIP).4At a national level, most of the States in Africa are still reluctant to recognize the specific rights of indigenous peoples.5Until recently, the African Commission on Human and Peoples' Rights (the Commission), the leading human rights institution for the continent,6had kept a low profile on the issue and had ‘not always interpreted indigenous peoples’ rights favourably'.7From this perspective Commission regarding the communication submitted by the indigenous Endorois community against Kenya casts new light on the rights of indigenous peoples in Africa.8The decision, which has already been hailed as a ‘landmark,’9touches on several crucial issues regarding the development of indigenous peoples' human rights in Africa. This groundbreaking decision did not materialize unexpectedly but is part of a wider evolution of the Commission regarding indigenous peoples' human rights in Africa. It echoes the work of the Commission's own Working Group of Experts on Indigenous Populations/Communities (Working Group) which was established in 2001 with the mandate to focus specifically on the promotion and protection of the rights of indigenous peoples in Africa.10The mandate of the Working Group is to examine the concept of indigenous communities in Africa, as well as to analyse their rights under the African Charter on Human and Peoples' Rights (African Charter).11In 2003 the Commission adopted the report of the Working Group which proposes several avenues for the recognition and promotion of indigenous rights in Africa.12The adoption of an Advisory Opinion by the Commission to support the adoption of UNDRIP marked another step toward the affirmation of indigenous peoples' rights in Africa.13The Advisory Opinion not only participated in unlocking the reluctance of the group of African States to adopt the UNDRIP, but also reflected developments taking place at the international level on the rights of indigenous peoples as well as their connection to the continent. Remarkably, in recent years, the Commission has started to refer to indigenous peoples' rights in its examination of States' periodic reports.14All these factors and the recent decision of the Commission in the Endorois case indicate the emergence of a consistent jurisprudence on indigenous peoples' rights in Africa.

Towards the International Protection of Indigenous Peoples' Rights

1994 ◽  
Vol 12 (4) ◽  
pp. 405-423 ◽  
Author(s):  
Julian Burger ◽  
Paul Hunt
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
International Human Rights ◽  
International Protection ◽  
Cultural Genocide ◽  
Indigenous Movement ◽  
The Right ◽  
Human Rights Standards ◽  
First Time

This article traces the development of indigenous peoples' international activity and considers why the international indigenous movement has grown since the 1970s. The authors examine the draft declaration on the rights of indigenous peoples which is due to be considered by the United Nations Commission on Human Rights for the first time in early 1995. The article makes some general points about the draft declaration before looking in some detail at three of its provisions: the right to protection from ethnocide and cultural genocide, the right to guarantees in relation to cultural and intellectual property, and the provision about treaties between indigenous peoples and States. The authors argue that although these provisions build on existing international law, they constitute an innovative evolution of international human rights standards.

Case of the Kaliña and Lokono Peoples v. Suriname

2017 ◽  
Vol 111 (1) ◽  
pp. 147-154
Author(s):  
Lucas Lixinski
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Land Rights ◽  
Legal Personality ◽  
Collective Rights ◽  
Indigenous Groups ◽  
Indigenous Land Rights ◽  
Judicial Protection ◽  
The Impact ◽  
Indigenous Land

On November 25, 2015, the Inter-American Court of Human Rights (Court) held that the state of Suriname had violated the rights of two indigenous groups by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. In Kaliña and Lokono Peoples v. Suriname, the Court also considered the impact of nature reserves on indigenous land rights, as well as the legitimacy of private titling of property that encroaches on land for which collective title has not been attained. The decision pushes the Court's previous jurisprudence significantly—and somewhat controversially—by asserting that under the American Convention on Human Rights, indigenous peoples are entitled, as collective entities, to recognition of their legal personality. In so doing, the Court challenged ordinary assumptions about the individualized character of most adjudication regarding international human rights and made the possibility of enforcing collective rights more palpable.

scholarly journals A Comparative Analysis of Indigenous Research Guidelines to Inform Genomic Research in Indigenous Communities

2012 ◽  
Vol 3 (1) ◽  
Author(s):  
Nicole K Taniguchi ◽  
Maile Taualii ◽  
Jay Maddock
Keyword(s):  
Best Practices ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Biological Samples ◽  
Genetic Research ◽  
Indigenous Communities ◽  
Genomic Research ◽  
Indigenous Research ◽  
Research Guidelines ◽  
Indigenous Groups

BACKGROUND: Genetic research has potential benefits for improving health, such as identifying molecular characteristics of a disease, understanding disease prevalence and treatment, and developing treatments tailored to patients based on individual genetic characteristics of their disease. Indigenous people are often targeted for genetic research because genes are easier to study in communities that practice endogamy. Therefore, populations perceived to be more homogenous, such as Indigenous peoples, are ideal for genetic studies. While Indigenous communities remain the focal point of many genomic studies, some result in harm and unethical practice. Unfortunately, the harms of poorly formulated and unethical research involving Indigenous people have created barriers to participation that prevent critical and lifesaving research. These harms have led a number of Indigenous communities to develop guidelines for engaging with researchers to assist in safely bridging the gap between genetic research and Indigenous peoples. SPECIFIC AIMS: The specific aims of this study were: (1) to conduct an international review and comparison of Indigenous research guidelines that highlight topics regarding genetics and use of biological samples and identify commonalities and differences among ethical principles of concern to Indigenous peoples; and (2) develop policy recommendations for Indigenous populations interested in creating formal policies around the use of genetic information and protection of biological samples using data from specific aim 1. METHODS: A comparative analysis was performed to identify best research practices and recommendations for Indigenous groups from four countries: Canada, New Zealand, Australia, and the United States. The analysis examined commonalities in political relationships, which support self-determination among these Indigenous communities to control their data. Current international Indigenous guidelines were analyzed to review processes of how genetic research is conducted and the use of biological samples is handled with Indigenous peoples. RESULTS: Results suggest the need for genetic and genomic research policies for the world’s Indigenous people. Indigenous groups are most vulnerable to research exploitation and harm; therefore, identifying principles that work for Indigenous people will lead to best practices for all populations. CONCLUSIONS: Development and implementation of best practices informed by research guidelines in Canada, New Zealand, Australia, and the U.S. may be helpful to advise Indigenous leaders, policy makers, and researchers to the proper conduction of genetic research within Indigenous communities. Comparative analyses are a useful tool for identifying areas for further work in developing genetic research policy for Indigenous communities. OUTCOME: The outcomes of this analysis are relevant and useful to Indigenous communities and inform the development of community-based genetic research guidelines. The recommendations can be used in designing appropriate policies for future genomic research with Indigenous peoples.

Sign in / Sign up

Export Citation Format

Share Document