Indigenous Peoples, Identity, and Free, Prior, and Informed Consultation in Latin America

2021 ◽  
Author(s):  
Armando Guevara Gil
Keyword(s):  
Latin America ◽  
Indigenous Peoples ◽  
Social Life ◽  
Self Determination ◽  
International Labour Organization ◽  
Original Intent ◽  
The Social ◽  
The Right ◽  
Legal Subjects

This chapter documents the social life of the right to free, prior, and informed consultation in Latin America. Challenging the original intent of the signatories of International Labour Organization (ILO) Convention 169 on Indigenous and Tribal Peoples (1989), Indigenous peoples, subaltern communities, and their advocates—a tacit coalition of activists, scholars, judges, legislators, and diplomats—work at the intersection of law and anthropology to redefine and substantiate the right to consultation. Two movements characterize this endeavour. First, the right is being broadened, significantly expanding the legal subjects able to claim its enforcement. Second, consultation is being upgraded from a soft to a solid right, deepening it, so to speak, as a way of overcoming the procedural trap that reduces consultations to rituals of domination. Interestingly, corporations and multilateral banks are acknowledging this decolonizing reinterpretation of the right to free, prior, and informed consultation. While its full-blown implementation as an expression of the right of Indigenous self-determination is still utopian, both broadening and deepening the right to consultation empower Indigenous and subaltern communities in their daily struggles against extractivism and developmentalism.

scholarly journals The right of peoples to self-determination

2010 ◽  
Vol 62 (2) ◽  
pp. 276-313 ◽  
Author(s):  
Slobodanka Bursac
Keyword(s):  
Indigenous Peoples ◽  
Social Life ◽  
Self Determination ◽  
The Right ◽  
Political Economic

Applying as a criterion the area of achievement the author divides the right of peoples to self-determination to external and internal, while it is divided to political, economic and cultural when applying the sphere of social life as a criterion. While the right to self-determination undoubtedly belongs to peoples the recognition of this right to other groups, such as indigenous peoples and minorities requires a deeper analysis. The author defines the concept of holders of the right to self-determination that necessarily includes a territorial element. By all this, she analyses two concepts that are related to this right - uti possidetis principle and safeguard clause.

Palestinian Diaspora Communities in Latin America and Palestinian Statehood

2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour
Keyword(s):  
Latin America ◽  
South America ◽  
Latin American ◽  
Economic Life ◽  
Self Determination ◽  
The Political ◽  
Middle Classes ◽  
Latin Americans ◽  
Political Views ◽  
The Right

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

scholarly journals Environmental governance: Broadening ontological spaces for a more livable world

2021 ◽  
pp. 251484862110185
Author(s):  
Walker DePuy ◽  
Jacob Weger ◽  
Katie Foster ◽  
Anya M Bonanno ◽  
Suneel Kumar ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Environmental Governance ◽  
Policy Instruments ◽  
Self Determination ◽  
Ontological Pluralism ◽  
Cognitive Justice ◽  
Challenges And Opportunities ◽  
United Nations Declaration ◽  
The Right ◽  
Land Water

This paper contributes to global debates on environmental governance by drawing on recent ontological scholarship to ask: What would it mean to ontologically engage the concept of environmental governance? By examining the ontological underpinnings of three environmental governance domains (land, water, biodiversity), we find that dominant contemporary environmental governance concepts and policy instruments are grounded in a modernist ontology which actively shapes the world, making certain aspects and relationships visible while invisibilizing others. We then survey ethnographic and other literature to highlight how such categories and their relations have been conceived otherwise and the implications of breaking out of a modernist ontology for environmental governance. Lastly, we argue that answering our opening question requires confronting the coloniality woven into the environmental governance project and consider how to instead embrace ontological pluralism in practice. In particular, we examine what taking seriously the right to self-determination enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) could mean for acknowledging Indigenous ontologies as systems of governance in their own right; what challenges and opportunities exist for recognizing and translating ontologies across socio-legal regimes; and how embracing the dynamism and hybridity of ontologies might complicate or advance struggles for material and cognitive justice.

scholarly journals Indigenous Education and Human Rights

2007 ◽  
Vol 14 (4) ◽  
pp. 425-453 ◽  
Author(s):  
Noam Schimmel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Cultural Continuity ◽  
Human Right ◽  
Language And Culture ◽  
The Social ◽  
Majority Culture ◽  
Educational Programmes ◽  
The Right

AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.

scholarly journals Evolving Legal Protections for Indigenous Peoples in Africa: Some Post-UNDRIP Reflections

2018 ◽  
Vol 26 (3) ◽  
pp. 339-365
Author(s):  
Derek Inman ◽  
Dorothée Cambou ◽  
Stefaan Smis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Indigenous Peoples ◽  
Regional Level ◽  
Self Determination ◽  
African Continent ◽  
African Context ◽  
United Nations Declaration ◽  
Human Rights Norms ◽  
The Right

Prior to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) many African states held a unified and seemingly hostile position towards the UNDRIP exemplified by the concerns outlined in the African Group's Draft Aide Memoire. In order to gain a better understanding of the protections offered to indigenous peoples on the African continent, it is necessary to examine the concerns raised in the aforementioned Draft Aide Memoire and highlight how these concerns have been addressed at the regional level, effectively changing how the human rights norms contained within the UNDRIP are seen, understood and interpreted in the African context. The purpose of this article is to do just that: to examine in particular how the issue of defining indigenous peoples has been tackled on the African continent, how the right to self-determination has unfolded for indigenous peoples in Africa and how indigenous peoples' right to free, prior and informed consent has been interpreted at the regional level.

scholarly journals ARKTISKE FOLK SOM STATISTER OG AKTØRER PÅ DEN GLOBALE SCENE

1996 ◽  
Author(s):  
Frank Sejersen
Keyword(s):  
Indigenous Peoples ◽  
Daily Life ◽  
Self Determination ◽  
The Arctic ◽  
Extreme Pressure ◽  
Political Work ◽  
The World ◽  
Cultural Processes ◽  
Arctic Communities ◽  
The Right

Frank Sejersen: Arctic people as by-standers and actors at the global stage For centuries, the indigenous peoples of the Arctic have been perceived as isolated from the rest of the world. The article argues that secluded Arctic communities do not exist and that Arctic peoples are integrated into numerous political, cultural and economic relations of a global extent. The pre-colonial inter-continental trade between Siberia and Alaska and the increased militarization the whole circumpolar region are but two examples. Throughout history, indigenous peoples of the Arctic have been players on the global stage. Today, this position has been strengthened because political work on this stage is imperative in order to secure the welfare and possibilities of local Arctic communities. To mention an example, Arctic peoples’ hunting activities have been under extreme pressure from the anti-harvesting movement. The anti-harvesting organizations run campaigns to ban hunting and stop the trade with products from whales, seals and furbearing animals. Thus, political and cultural processes far from the homeland of Arctic peoples, have consequences for the daily life of many Arctic families. The global stage has become an important comerstone in indigenous peoples’ strive to gain more control over their own future. The right to trade, development and self-determination are some of the rights they claim.

Around ethical dilemmas in the work of a family assistant

2021 ◽  
Vol 597 (2) ◽  
pp. 8-17
Author(s):  
Małgorzata Ciczkowska-Giedziun
Keyword(s):  
Social Workers ◽  
Ethical Dilemmas ◽  
Social Assistance ◽  
Self Determination ◽  
Assistance Programs ◽  
Helping Relationship ◽  
The Social ◽  
The Family ◽  
The Right ◽  
Voluntary Cooperation

The purpose of the article is to describe selected ethical dilemmas in the work of a family assistant, based on the typology of ethical dilemmas of Frederic Reamer. In accordance with the typology adopted in the article, in the area of cooperation with families, ethical dilemmas regarding direct work with families, implementation of social assistance programs and relationship between representatives of the profession arise. The information presented in the text is based on publications, studies and reports on family assistantship. The first group of ethical dilemmas is revealed when constructing supportive and helping relationship between assistants and families. It refers to such areas as: voluntary cooperation, limits of cooperation, the right to self-determination or limits of responsibility. The second group of ethical dilemmas is related to the planning and implementation of various solutions in the field of social policy and also support and assistance programs offered to the family. The last group of ethical dilemmas results from a different understanding of family assistantship in the structures of the social assistance system. They are also revealed in the construction of relationships with social workers. The text also includes solutions how to cope with these dilemmas.

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