Case Comment: Do Indigenous Peoples Have a Right to Limit Religious Proselytism Activities in Their Territories?

2021 ◽  
pp. 1-9
Author(s):  
Trilce Gabriela Valdivia Aguilar
Keyword(s):  
Cultural Identity ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Constitutional Court ◽  
Spiritual Renewal ◽  
Freedom Of Conscience ◽  
The Right

Abstract In ruling T-1022/01, the Colombian Constitutional Court responded to a claim brought by a member of the United Pentecostal Church of Colombia against the Yanacona Indigenous Council. The claimants alleged the violation of their rights to freedom of conscience, worship, and dissemination of thought based on two facts: (a) the refusal of their petition to carry out a “Spiritual Renewal Day” in the main square of the indigenous reservation of Caquiona, and (b) the interruption of the religious gatherings of the United Pentecostal Church of Colombia, as well as the prohibition of their pastors entering the indigenous reservation territory. The Court found no violation of the rights alleged. The purpose of this comment is to explore the understanding by the Colombian Constitutional Court of the right to cultural identity of indigenous communities, focusing particularly on whether it encompasses the right to be free from religious proselytism.

Part Two Rights, 8 The Rights of Indigenous Peoples

2017 ◽  
Author(s):  
Espinosa Manuel José Cepeda ◽  
Landau David
Keyword(s):  
Latin America ◽  
Indigenous Peoples ◽  
Constitutional Law ◽  
Justice System ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Case Law ◽  
Constitutional Court ◽  
Cultural Autonomy ◽  
The Right

The Colombian Constitution of 1991 sets up an extensive set of indigenous rights, in order to protect the cultural autonomy of groups that have historically been repressed throughout most of Latin America. This chapter reviews the case law of the Colombian Constitutional Court on that topic. It considers the interpretation of provisions giving indigenous communities autonomy in their justice system and other internal affairs. Applying these provisions, the Court has allowed non-traditional punishments such as whipping, so long as they did not fall afoul of fundamental precepts of international or constitutional law. This chapter also includes a review of the Court’s extensive jurisprudence on the right of indigenous communities to prior consultation before economic or governmental projects are undertaken on their lands.

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

scholarly journals Local-Indigenous Autonomy and Community Streetscape Enhancement: Learnings from Māori and Te Ara Mua—Future Streets Project

2021 ◽  
Vol 18 (3) ◽  
pp. 865
Author(s):  
Kimiora Raerino ◽  
Alex Macmillan ◽  
Adrian Field ◽  
Rau Hoskins
Keyword(s):  
Cultural Identity ◽  
Urban Design ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Collective Agency ◽  
Research Approach ◽  
Indigenous Autonomy ◽  
Spatial Justice ◽  
Aotearoa New Zealand ◽  
Kaupapa Māori

In settler countries, attention is now extending to the wellbeing benefits of recognising and promoting the Indigenous cultural identity of neighbourhoods as a contributing factor to more equitable and healthier communities. Re-indigenisation efforts to (re)implement cultural factors into urban design can be challenging and ineffective without the leadership and collaboration of local-Indigenous peoples. Undertaken in Aotearoa New Zealand, Te Ara Mua — Future Street project, demonstrated that co-design has critical potential in the reclamation of Indigenous autonomy, increased local-Indigenous presence and revitalisation of cultural identity. Employing a Kaupapa Māori (Māori-centred) research approach, we focused on the workings and perspectives of mana whenua (local-Indigenous peoples) and community stakeholder engagement in Te Ara Mua. An Indigenous theoretical framework, Te Pae Mahutonga, was utilised in the data analysis to explore perspectives of Indigenous collective agency, empowerment, and wellbeing. Our research demonstrates that developing capacity amongst Indigenous communities is integral for effective engagement and that the realisation of autonomy in urban design projects has broader implications for Indigenous sovereignty, spatial justice and health equity. Significantly, we argue that future community enhancement strategies must include not only re-designing and re-imagining initiatives, but also re-indigenising.

Resource Nationalism and the Violation of Indigenous Rights in Mexico’s Oil Industry: The Case of a Chontal Community in Tabasco

2021 ◽  
pp. 2631309X2110519
Author(s):  
Marcela Torres-Wong
Keyword(s):  
Indigenous Peoples ◽  
Environmental Contamination ◽  
Indigenous Rights ◽  
Oil Industry ◽  
Indigenous Communities ◽  
Natural Environments ◽  
Resource Nationalism ◽  
Mexican Government ◽  
Fossil Fuel Industry ◽  
The Right

For decades, Indigenous communities living in Mexico’s oil-producing state of Tabasco suffered violence, environmental contamination, and the destruction of their traditional livelihood. The administration of Andrés Manuel López Obrador (AMLO) taking office in 2018 promised to govern for the poorest people in Mexico, emphasizing the wellbeing of Indigenous peoples. However, as part of his nationalist agenda AMLO is pursuing aggressive exploitation of hydrocarbons upon the lead of state-owned company Pemex. This article argues that the Mexican government still denies Indigenous peoples living nearby oil reserves the right to self-determination. We examine this phenomenon through the Chontal community of Oxiacaque in the state of Tabasco suffering environmental contamination and health problems caused by the oil industry. We emphasize the government’s use of resource nationalism to legitimize violence against Indigenous communities and their natural environments. Further, the expansion of social programs and infrastructure building serves to obtain Indigenous compliance with the unsustainable fossil fuel industry.

The Right of Political Participation of Indigenous Peoples and the UN Declaration on the Rights of Indigenous Peoples

2020 ◽  
Vol 23 (1) ◽  
pp. 109-144
Author(s):  
Daniela Arrese
Keyword(s):  
Political Participation ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Legal Framework ◽  
Specific Approach ◽  
Critical Account ◽  
The Many ◽  
The Right ◽  
Systemic Discrimination ◽  
Electoral Quotas

This article explains the obligations the international legal framework on the rights of indigenous peoples imposes on States regarding the right to political participation, in particular, the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Because of the historical exclusion and marginalization of these groups, mere recognition of the right of participation in domestic legal systems is insufficient to ensure the full enjoyment of the right by indigenous communities. Instead, States are obliged to adopt active measures to overcome the systemic discrimination indigenous peoples have been subject to. This article focuses on one of the many aspects of political participation, i.e., electoral participation. It provides both a typology and a critical account of different mechanisms States use to increase and promote the participation of indigenous peoples in electoral processes, specifically in elections for legislative bodies and in constitution-making processes. These mechanisms include the provision for reserved seats in parliament, the creation of special indigenous electoral districts, and the establishment of special electoral quotas for candidacies presented by political parties. The article argues that the effectiveness of each approach cannot be evaluated in abstracto, but must be assessed against the particular context in which a specific approach is adopted. Most importantly, the success of any specific approach should be measured by the extent to which they allow indigenous communities to have an actual chance at influencing political decision-making, particularly in situations that affect them.

Part VI International Assistance, Reparations, and Redress, Ch.18 Legal Implementation and International Cooperation and Assistance: Articles 37–42

2018 ◽  
Author(s):  
van Genugten Willem ◽  
Lenzerini Federico
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Indigenous Populations ◽  
Access To Justice ◽  
Customary International Law ◽  
Political Commitments ◽  
United Nations Declaration ◽  
The Right

This chapter discusses Articles 37–42, considering legal implementation and international cooperation and assistance. Article 37 recognizes that treaties, agreements, and other constructive arrangements between States and indigenous populations reflect legally important entitlements that have to be honoured by applying the standards of modern treaty law, while taking into consideration the facts of cases at hand and later developments, and including the interests of other parties than the original ones. In addition, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) might be a declaration ‘only’, but it cannot be simply considered as ‘just another’ non-binding argument. Large parts of Articles 37–42 — particularly Article 37, relating to the right that treaties concluded with indigenous peoples are honoured and respected by States, and Article 40, proclaiming the right of indigenous communities to access to justice and to remedies — do have customary international law character, while other parts also reflect more than moral or political commitments ‘only’.

scholarly journals GERAKAN MASYARAKAT ADAT SAMI DAN KONTESTASI SUMBER DAYA ALAM

2017 ◽  
Vol 8 (2) ◽  
pp. 125
Author(s):  
Manggala Ismanto
Keyword(s):  
Cultural Identity ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Natural Resource ◽  
Cultural Practices ◽  
Minority Rights ◽  
Minority Communities ◽  
Cultural Rights ◽  
Indigenous Movement ◽  
The Right

The main agenda of the indigenous movement is fighting for political and cultural rights of ethnic minority communities in accordance with unique historical and cultural practices that they have. As Kymlicka said, minority rights must also be fought because they are on a system that is governed by the majority who pretend to produce injustice. Sami Indigenous Movement in Norway is a form of a long struggle to obtain the right independently to manage natural resources. Currently Sami struggling to maintain the uniqueness of the cultural identity and living practices that have been owned for generations. This paper would like to see the establishment of indigenous peoples' movement Sami in Norway as well as the practice of social movements committed to demanding social change related to self-governance and autonomy of management of natural resources.Keywords: Indigenous Movement, Sami People, Identity,  Otonomy,Natural Resource ManagementAbstrakAgenda utama dalam gerakan adat atau indigenous movement adalah memperjuangkan hak politik dan budaya komunitas etnis yang menjadi minoritas sesuai dengan keunikan historis serta praktik budaya yang mereka miliki. Seperti yang dikatakan oleh Kymlicka, bahwa hak-hak minoritas juga harus diperjuangkan karena mereka berada pada sistem yang diatur oleh mayoritas yang berpretensi menghasilkan ketidakadilan. Gerakan Masyarakat Adat Sami di Norwegia merupakan bentuk perjuangan panjang untuk memperoleh hak secara mandiri untuk mengelola sumber daya alam. Saat ini masyarakat Sami berjuang untuk mempertahankan keunikan identitas budaya dan praktik hidup yang telah dimiliki secara turun temurun. Tulisan ini ingin melihat pembentukan gerakan masyarakat adat Sami di Norwegia serta praktik gerakan sosial yang dilakukan untuk menuntut perubahan sosial terkait dengan self-governancedan otonomi pengelolaan sumber daya alam.Kata kunci: Gerakan Masyarakat Adat, Sami, Identitas, Otonomi, Pengelolaan Sumber DayaAlam 

The Right to Self-Determination under the Ethiopian Constitution: A Legal Tool for Indigenous Peoples’ Protection against Land Alienation?

2019 ◽  
Vol 63 (3) ◽  
pp. 359-383
Author(s):  
Tilahun Weldie Hindeya
Keyword(s):  
Decision Making ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Self Determination ◽  
Land Resources ◽  
Discretionary Power ◽  
The People ◽  
Constitutional Right ◽  
The Government ◽  
The Right

AbstractSince 2008 the Ethiopian government has allocated vast tracts of land, particularly in the Gambella and Benishangul-Gumuz regions, to agricultural commercial actors with little or no participation from indigenous communities. The marginalization of indigenous peoples in this process primarily emerges from the government's very wide legislative discretionary power regarding decision-making in the exploitation of land. The government has invoked constitutional clauses relating to land ownership and its power to deploy land resources for the “common benefit” of the people, to assert the consistency of this discretionary power with the Ethiopian Constitution. This article posits that the legislative and practical measures taken by the government that marginalize these indigenous peoples in decisions affecting the utilization of land resources are incompatible with their constitutional right to self-determination. Further, it posits that the government's use of the constitution to justify its wide discretionary power in the decision-making process relating to land exploitation is based on a misreading of the constitution.

Realisation of the right to self-determined development and the protection of indigenous women against discrimination in Tanzania

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Miriam Zacharia Matinda
Keyword(s):  
Indigenous Peoples ◽  
Women's Rights ◽  
Indigenous Communities ◽  
Indigenous Women ◽  
Self Determination ◽  
Women’S Rights ◽  
Gender Based Violence ◽  
Cultural Survival ◽  
Central Pillar ◽  
The Right

The UN General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007, marking the culmination of thorough negotiations, lobbying and advocacy involving indigenous peoples’ representatives as key actors. Among other rights, the UNDRIP affirms the right to self-determination for indigenous peoples. Also referred to as the right to self-determined development, the right to self-determination, as stated in the UNDRIP, encompasses indigenous communities’ rights to determine their development trajectories. To indigenous peoples, the significance of the right to self-determination includes the promotion of cultural distinctiveness, which is central to their survival as communities. However, women’s rights scholars and activists are sceptical about the emancipatory potential of realising the right to self-determination for indigenous women. In contrast, exercising this right might also entail the perpetuation of gender-based violence and other forms of discrimination, thus heightening women’s fragility and subordination among indigenous communities and beyond. Using UNDRIP and other relevant international and regional human-rights instruments as vantage points, this paper seeks to juxtapose the implementation of the right to self-determination and the realisation of indigenous women’s rights in Tanzania. The article posits that the protection of indigenous women’s rights should form the central pillar of the enjoyment of the right to self-determination. This is because the cultural survival, vitality and continuity of indigenous peoples’ distinctiveness largely hinges on respect for the rights of indigenous women.

Recognition of the Ainu as an Indigenous People in Japan: Legal Implications for their Right to Traditional Salmon Fishing

2021 ◽  
pp. 1-21
Author(s):  
Kamrul Hossain
Keyword(s):  
Cultural Identity ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Coastal Communities ◽  
International Treaty ◽  
Legal Standards ◽  
Legal Implications ◽  
Ethnic And Cultural Identity ◽  
The Right ◽  
Traditional Fishing

Abstract The Japanese government legally recognized the Ainu as an Indigenous People in 2019. While the legislation is a step forward, it does not provide the Ainu with concrete rights applicable to Indigenous Peoples as those rights are set out in international legal standards, articulated in several human rights instruments and authoritative statements issued by both United Nations organs and the international treaty monitoring bodies. The most common issue concerning Indigenous Peoples’ rights is the practice of traditional livelihoods linked to their lands and resources. Particularly for coastal communities, traditional fishing has been recognized as an important livelihood for sustaining the people’s culture and their ethnic and cultural identity. This article explores the traditional fishing right of the Ainu, which has recently become a point of conflict given that existing local regulations jeopardize the right. The article critically examines the compatibility of the provisions of the conflicting local and national regulations.

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