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 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 

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.

“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 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.

Hunting by Indigenous Peoples of Charismatic Mega-Fauna: Does Human Rights Approach Challenge the Way Hunting by Indigenous Peoples is Regulated?

2008 ◽  
Vol 10 (3) ◽  
pp. 295-318 ◽  
Author(s):  
Kamrul Hossain
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Self Determination ◽  
Political Rights ◽  
Cultural Rights ◽  
Underdeveloped Area ◽  
Regulatory Approach ◽  
Civil And Political Rights ◽  
The Right

AbstractTwo International Covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) in common Article 1 highlighted that 'all peoples' have the right to self-determination to freely determine their 'political status' and freely dispose of their 'natural wealth and resources'. The International Covenant on Civil and Political Rights, in Article 27 provides protection of the rights belonging to minority cultures, religion and language. The idea of 'indigenous peoples' was apparently an underdeveloped area at the time of the adoption of the Covenants. The concept of indigenous peoples' rights has developed relatively recently. Thus, whether indigenous peoples are 'peoples' within the meaning of the Covenant, and thereby may be capable of enjoying the right to self-determination has been an unsettled case. When in many countries indigenous peoples form a minority, they are, however, identical as distinct from other minority groups in those countries because of their own way of livelihood and preservation of traditional culture and knowledge. Recent normative development pronounced by the Human Rights Committee suggests that indigenous peoples should be treated as 'peoples' within the meaning of Article 1 of the Covenant and as 'people' they have right to enjoy their traditional way of livelihood including right to enjoy their culture. Thus, the main focus of the article is to examine whether a human rights approach to indigenous peoples' rights has evolved to challenge the international regulatory approach currently applicable to the management of Whale and Polar Bear regime and their traditional hunt by the 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.

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.

The Rights of Indigenous Peoples in Lands Once Part of the Old Dominions of the Crown

1997 ◽  
Vol 46 (4) ◽  
pp. 812-830 ◽  
Author(s):  
Anthony Mason
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Moral Foundations ◽  
Political Rights ◽  
Land Resources ◽  
Way Of Life ◽  
Cultural Rights ◽  
The World ◽  
Civil And Political Rights ◽  
Rights Issue

Of all the rights of indigenous people, none is more central to the survival of their culture than the claim to their ancestral lands. The resolution of their claims to ancestral lands is one of the fundamental issues of our time—indeed of all time. Often called a human rights issue—a description apt to reinforce the strong moral foundations of the claims of the indigenous peoples—it is an issue which we cannot ignore. Throughout the world people of all races and all colours have a powerful emotional attachment to their ancestral lands. That attachment is the very core of a people's culture and is vital to the survival of the culture. As the UN Human Rights Committee has recognised, in the context of the exercise of cultural rights protected by Article 27 of the International Covenant on Civil and Political Rights, “culture manifests itself in many forms, including a particular way of life associated with the use of land resources”.

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.

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