scholarly journals Akroá-Gamella: territorial struggles and narratives of violence in the Baixada Maranhense

2018 ◽  
Vol 15 (3) ◽  
Author(s):  
Caroline Leal
Keyword(s):  
Indigenous Peoples ◽  
Private Property ◽  
Physical Violence ◽  
Analytical Description ◽  
The State ◽  
Historical Overview ◽  
Northeast Region ◽  
Control Work ◽  
The Right

Abstract The Akroá-Gamella people reside in the State of Maranhão, in the northeast region of Brazil. They began to experience broad visibility, on national and international levels, as victims of a genocidal action contrived by agribusiness sectors, following an event named “Movement for Peace” in April 2017. This article sets forth an ethnography of patterns of violence that serve to maintain power inequalities between indigenous peoples and political organisations that control work and private property in the Baixada Maranhense. The text begins with a brief historical overview of the territorialisation process set in motion by the Akroá-Gamella in the last decade, followed by an analytical description of the cartography of conflicts derived from this people’s political insurgence. The text also focuses on implicit and objective contents in practices that sustain symbolic and physical violence from the Indians’ perspective, emphasising struggles undertaken in defence of territory and the right to existence.

scholarly journals Corruption, illegitimacy and external influence: political factors of state instability

2020 ◽  
Vol 23 (8) ◽  
pp. 49-58
Author(s):  
Eduard Gugnin
Keyword(s):  
Physical Violence ◽  
Analytical Description ◽  
The State ◽  
External Influence ◽  
Negative Consequences ◽  
Power Structures ◽  
Law Enforcement Agencies ◽  
Spatial Cohesion ◽  
Ruling Elites ◽  
External Actors

The article constructs a descriptive and analytical description of the connection between corruption, delegitimization and loss of state sovereignty over society as background factors for increasing external influence and the destruction of political and spatial cohesion. As a result of the study, a conclusion was formulated, according to which the complete or partial loss of legitimacy coincides with the spread of corruption, which entails the devaluation of value and regulatory systems of social behavior. It is emphasized that corrupt practices contribute to the destruction of morals, law, ideology, have a devastating effect on government structures, procedures for its institutionalization, prevent the nomination of elites and leaders to command positions in the state apparatus, negatively affect the power and centralizing capabilities of the state. legitimate physical violence. It is noted that the loss of legitimacy is preceded by the loss of dialogue between government and society, the habitualization of corruption and its transformation into an endemic component of social life.It was stated that corruption increases the level of public permeability for external actors who take advantage of the situation of blurring the boundaries of political space and encourage citizens to spontaneous protests, which should shake the procedural principles of law and order, to achieve open conflicts between government and self-organized communities. what are the conditions for dialogue. External actors can seek to actively discredit the ruling elites by simultaneously unscrewing instability and escalating waves of destructive criticism aimed at disavowing all kinds of legitimacy: ideological, ethnic, structural, personalistic (charismatic), and others.It is noted that the final destruction of the state is the loss of a monopoly on public violence within the procedures established by law. Actors of external influence can resort to various acts of violence in order to encourage the ruling elites to increase security with the use of special Praetorian groups (paramilitary formations).It is summarized that the emergence of paramilitary formations is an indicator of the fragility of the state and its inability to control its own power structures, as evidenced by the violation of paramilitary formations of the usual official hierarchies and privatization of legitimate violence by alternative centers of power. Finally, it is emphasized that the destructive accompaniment of the latter is the growth of shadow arms markets, criminalization of the behavior of ordinary citizens who cease to see the state as an authorized defender of sovereignty and security and cease to trust legitimate law enforcement agencies, and these processes precede their colonial expansion. frozen conflicts with accompanying negative consequences for the state.

scholarly journals SEGURIDAD Y JUSTICIA BAJO ACOSO EN TIEMPOS DE VIOLENCIA NEOLIBERAL: las respuestas de la policía comunitaria de guerrero

2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
The State ◽  
Community Police ◽  
El Sistema ◽  
The Right ◽  
Key Aspects ◽  
Relationship Of ◽  
The Relationship ◽  
The Eu

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.

scholarly journals Turismo de base comunitária na Costa Verde (RJ): caiçaras, quilombolas e indígenas

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Teresa Cristina de Miranda Mendonça ◽  
Renato de Oliveira dos Santos ◽  
Paloma Cristina Barbosa Lopes ◽  
Sandro dos Reis Andrade ◽  
Ana Paula Veríssimo de Moraes
Keyword(s):  
Indigenous Peoples ◽  
Rio De Janeiro ◽  
The State ◽  
Northern Coast ◽  
Economic Activities ◽  
Conservation Units ◽  
Community Based ◽  
Population Means ◽  
Use Of Resources ◽  
The Right

Descrevendo o turismo no estado do Rio de Janeiro, destaca-se o seu litoral. Parte desta área integra a região turística denominada Costa do Sol (litoral norte) e a Costa Verde (litoral sul). Pode-se assim,remeter à ideia de apropriação do espaço litorâneo pela prática turística e aos conflitos existentes entre as populações locais e às novas lógicas do capital que se inserem na região. Este trabalho tem como foco de pesquisa a região da Costa Verde, que sofreu influencia do turismo a partir da década de 1970 com a inauguração do trecho Rio-Santos da BR101. Com a estrada chegaram à especulação imobiliária e consequente expulsão dos nativos, e também a instituição das leis ambientais como a criação de unidades de conservação da natureza de proteção integral. No entanto, nesta região estão presentes diversos grupos tradicionais: indígenas, caiçaras e quilombolas que lutam pelo reconhecimento de seu território, contra a expulsão do local herdado e os limites de utilização dos recursos impostos pelas unidades de proteção. Além disto, reivindicam serem incluídos no mapa do turismo da região. Como grande protagonista local foi criado, em 2007, o Fórum de comunidades Tradicionais Angra dos Reis, Paraty e Ubatuba - FCT que traz à tona questões diversas que permeiam a vida de todos que vivem neste local. Na reivindicação pela visibilidade ligada ao turismo foi elaborado o mapa de turismo de base comunitária - TBC do Fórum em 2015. Assim, tendo como metodologia de pesquisa exploratória e descritiva utilizando o método qualitativo (pesquisa documental, bibliográfica e de campo), este trabalho tem como objetivo investigar, do ponto de vista sociocultural e político-organizacional, como se constitui o TBC no território abrangido pelo FCT, porém tendo como foco de análise três iniciativas: a comunidade caiçara de São Gonçalo (Paraty), Quilombo Bracuí e Aldeia Sapukai, ambas localizadas em Angra dos Reis. O resultado traz reflexões sobre o TBC e suas correlações com alguns temas: populações tradicionais; resistência cultural, territorial e econômica; permanência no território tradicional; valorização da identidade e história local; o direito pela prática das atividades econômicas tradicionais e do turismo.Ou seja, ser uma população tradicional significa uma forma de resistência, que transforma experiências locais em turismo. Um turismo denominado localmente de TBC que significa também incluir no mapa do estado os grupos sociais “invisíveis”. Assim constata-se que estas iniciativas estão ligadas a um movimento político e social que tem o turismo como ferramenta de poder. Community-based tourism in Costa Verde (RJ): caiçaras, quilombolas and indigenous peoples ABSTRACT The coastline stands out in the description of tourism in the state of Rio de Janeiro (Brazil). Part of this area comprises the tourist regions of Costa do Sol (northern coast) and Costa Verde (southern coast). They are related to the ideas of appropriation of the coastal space by tourist practice and the conflicts among local populations and the new logics of the capital inserted in the region. This study discusses the Costa Verde region which was influenced by tourism from the 70s with the opening of the Rio-Santos stretch of the BR101 highway. It was followed by real estate speculation and consequentently expulsion of indigenous peoples and also the emergence of environmental laws with the creation of nature conservation units of integral protection. In this region, there are several tradition groups – such as indigenous peoples, caiçaras and quilombolas – who claim: a) the recognition of their territories against the expulsion of the inherited place and the limits of the use of resources imposed by the protected units, and b) their inclusion in the tourist map of the region. Playing the role of the great local protagonist, the Forum of the Traditional Comunities (FCT) of Angra dos Reis, Paraty e Ubatuba was created in 2007 to discuss several issues concerning the life of their residents. As to the demand to the visibility linked to tourism, a community-based tourism (TBC) map was made in the 2015 Forum. This work aims at investigating the TBC in the territories comprising the FCT under a sociocultural and political-organizational approach and an exploratory and descriptive methodological framework with focus on three initiatives: the caiçara community of São Gonçalo (Paraty), Bracuí Quilombo and Sapukai Village, located in Angra dos Reis. The findings of the research raise insights on the TBC and its correlation with the following themes: traditional populations, cultural, territorial and economic resistence, permanence in traditional territory, promotion of local identity and history and the right to the practice of traditional and economic activities and tourism. In other words, being a traditional population means a form of resistence which transforms local experiences in tourism and a locally named TBC also means including the ' invisible' social groups in the state map. Our claim is that these initiatives are linked to a political and social movement which uses tourism as a power tool. KEYWORDS: Community-Based Tourism; Traditional Populations; Costa Verde (RJ, Brazil); Forum of Traditional Communities.

scholarly journals Reframing Indigenous Territories: Private Property, Human Rights and Overlapping Claims

2014 ◽  
Vol 38 (4) ◽  
pp. 3-28 ◽  
Author(s):  
Brian Thom
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Private Property ◽  
Indigenous Rights ◽  
The State ◽  
Human Rights Violations ◽  
The Core ◽  
Indigenous Territories ◽  
The Government ◽  
Government Of Canada

This paper considers the implications of the powerful "overlapping territories" map produced by the government of Canada in its attempt to refute human rights violations charges brought by Hul'qumi'num Treaty Group at the Inter-American Commission on Human Rights. The map is at the core of Canada's defense in that it suggests that overlapping indigenous territories negate claims of exclusivity over the land and therefore any kind of obligations the state may have in respect of human or other indigenous rights in those lands. Revealing the limits of cartographic abstractions of indigenous spatialities, as well as the perilous stakes for indigenous peoples when engaging in conventional discourses of territoriality, these issues have broad significance.

scholarly journals Theoretical and legal bases of protection of business entities from raiders in Ukraine

2020 ◽  
pp. 51-56
Author(s):  
N.S. Horobets ◽  
Ye.S. Pylypenko
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Criminal Liability ◽  
The State ◽  
Small Enterprises ◽  
Legal Principles ◽  
Business Entities ◽  
State Registration ◽  
The Right ◽  
Common Understanding

The article is devoted to the study of theoretical and legal principles of protection of business entities from raids in Ukraine due to the low level of quality of the system of protection of private property rights in the state. It is stated that for small enterprises the lack of financial resources and the risk of illegal seizure or takeover, ie "raiding", is a more common problem, but large enterprises are also subject to raids. It was found that raiding is a real threat to the integrity of enterprises, stable economic development and information security of the state, its danger is confirmed by data on the number of raider seizures of property in Ukraine. It is noted that one of the areas of counteraction to raiding is the consolidation at the legislative level of a common understanding of this concept, but the Civil Code of Ukraine, the Law of Ukraine "On Joint Stock Companies" deals only with certain aspects of raiding. Features of "white", "gray", "black" raiding are revealed. There are two ways to warn and protect businesses from raiding: the use of government tools and self-preventive protection of the enterprise. The state instruments of warning and protection of enterprises from raids include: legislative guarantees of inviolability of property and protection of property rights of enterprises in case of violation, criminal liability for misappropriation of property, the procedure of state registration of property rights, the right to apply for protection of rights and interests to the court and the Office for Combating Raiding at the Ministry of Justice of Ukraine. It is emphasized that only 20% of enterprises independently protect themselves from raider encroachment, which explains the large number of raider seizures in Ukraine. Among the methods of such protection, emphasis is placed on creating a reliable system of protection of information about the company, ensuring timely and full payment of dividends to shareholders, preventing the mass purchase of shares and monitoring the current situation. It is concluded that it is expedient to develop and consolidate at the legislative level a common understanding of the concept of "raiding", guarantees of warning and protection of business entities from raiding in Ukraine, improving the powers of courts and the Office for Combating Raiding in Ukraine to consider issues of registration of property rights of enterprises.

Enhancing the Participation of Indigenous Peoples at the Intergovernmental Level to Strengthen Self-Determination: Lessons from the Arctic

2018 ◽  
Vol 87 (1) ◽  
pp. 26-55
Author(s):  
Dorothée Cambou
Keyword(s):  
Decision Making ◽  
Indigenous Peoples ◽  
State Level ◽  
The State ◽  
Regional Level ◽  
Self Determination ◽  
The Arctic ◽  
Policy Goal ◽  
The Future ◽  
The Right

With a focus on the right of indigenous peoples to self-determination, and an eye on Arctic practices, this article analyses the right of indigenous peoples to self-determination and its exercise at the intergovernmental level. While the exercise of self-determination necessarily implies the right of indigenous peoples to autonomy in their internal and local matters and their involvement in decision-making at the state level, this article argues that self-determination additionally includes the right of indigenous peoples to be represented and to participate in the international arena: the intergovernmental aspect of self-determination. Although this analysis determines that it is yet too early to indicate the existence of a fully-fledged right, this article also evidences that there is a new policy goal at the un level, accompanied by practices at the arctic regional level, which could support the emergence of such a right in the future.

scholarly journals Antinomi Regulations on the Recognition and Enforcement of Ulayat Right from Indigenous Peoples

2021 ◽  
Vol 04 (04) ◽  
Author(s):  
Rianda Dirkareshza ◽  
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Indigenous Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Agrarian Law ◽  
The Right ◽  
As If ◽  
Laws And Regulations

Ulayat Right is a historical right owned by tribal groups scattered throughout Indonesia that contains the value of local wisdom in the arrangement of control, use, utilization, supply, and maintenance of agrarian resources. The substance of Ulayat Right and the organization of the power of indigenous peoples as the executor of the authority of Ulayat Right became a model in the development of agrarian law Nasional as stated in the Basic Agrarian Law (UUPA). The state has an obligation to recognize in the sense of respect while protecting and fulfilling what is the right of every citizen. One of them is the right of control and ownership of Ulayat Right that until now has not been implemented optimally, as if the mastery and ownership of Ulayat Right by indigenous peoples is not fully accessible from the LAW and other laws and regulations. Based on the background of the above problems, the purpose of this paper is to review the Antinomics of The Ulayat Right Regulation of Indigenous Peoples with public-private and private-dimensional ulayat land and explore and analyze the urgency of protection of Indigenous Peoples' Rights in Indonesia. This paper is normative research, the approach used is a statutory approach (statute approach), presented descriptively-perspective and analyzed qualitatively. The conclusion in this paper Is the Authority of the Indigenous Law Community, while the private dimension appears in the manifestation of Ulayat Right as belonging together. So that the scope includes recognition and confirmation, granting of land rights on Ulayat Right, transfer and eradication of indemnity rights and the removal of private Ulayat Right. Therefore, it is necessary to establish a draft law governing the Rights of Indigenous Peoples.

scholarly journals Association, property, territory: What is at stake in immigration?

2017 ◽  
Vol 28 (1) ◽  
pp. 53-73
Author(s):  
Zoltán Miklósi
Keyword(s):  
Private Property ◽  
The State ◽  
Necessary Condition ◽  
Freedom Of Association ◽  
The Third ◽  
Territorial Jurisdiction ◽  
Territorial Rights ◽  
Immigration Debate ◽  
The Right ◽  
Association Property

It is often claimed that states have territorial rights, and that these rights include the right to exclude people who seek admission to their territory. In this paper I will examine whether the most defensible account of territorial rights can provide support to the right to exclude. I will discuss three types of theories of territorial rights. The first account links the right of states to exclude to the prior right of individuals to freedom of association, which is said to include the right not to associate and to dissociate. The second is a Lockean theory that grounds the territorial rights of states, and hence their right to exclude, in the prior right of individuals to private property in the land that constitutes the territory of the state. I argue that these accounts have independently implausible implications, regardless of their implications for the immigration debate. The third account is a Kantian theory that bases the territorial jurisdiction of states on individuals? duty to create, sustain and submit themselves to a shared system of law that is a necessary condition of guaranteeing their rights and of discharging their duties towards one another. I will argue that the Kantian account is superior to its current alternatives. However, I also suggest that it cannot ground a broad right to exclude.

scholarly journals Restitution of agricultural land in Serbia: Comparative legal aspects

2020 ◽  
Vol 67 (4) ◽  
pp. 1353-1366
Author(s):  
Ljiljana Rajnović ◽  
Snežana Cico ◽  
Zoran Brljak
Keyword(s):  
Human Rights ◽  
Agricultural Land ◽  
Private Property ◽  
Transition Process ◽  
Legal Aspects ◽  
The State ◽  
State Sector ◽  
The Subject ◽  
The Republic ◽  
The Right

The idea of returning the confiscated property to the previous owners in the Republic of Serbia arose as a process that included all the countries of Eastern Europe and other countries of the former Communist system in which mostly state property existed. Restitution is part of the transition process, which implies comprehensive changes in the state, including privatization of the state sector and market operations on the principles of private property, but also as a need to correct the injustice done to former owners of confiscated property. According to Serbian legislation, restitution is obligatory, but in practice it is very difficult and slow to realize, even though this process realizes one of the basic human rights of citizens described in the UN Universal Declaration of Human Rights - the right to free enjoyment of private property. In this paper, the authors analyze the possibilities of returning agricultural land, legal regulations and implemented solutions in practice, on the example of a unit of local self-government, on whose territory there is a state land fund that can be the subject of return.

scholarly journals The principle of equality in the programming documents of the three internationals of the twentieth century

2020 ◽  
pp. 160-169
Author(s):  
Khudoiar Lesia
Keyword(s):  
Twentieth Century ◽  
Free Choice ◽  
Private Property ◽  
Equality Of Opportunity ◽  
The State ◽  
Political Community ◽  
Social Democrats ◽  
Men And Women ◽  
The Social ◽  
The Right

Introduction. The features of the concepts of equality enshrined in the provisions of the programming documents of the Internationals in the perspective of the genesis of the concept of human rights are highlighted. The aim of the article. The content and peculiarities of conceptions of the principle of equality in the programming documents of the Communist, Socialist and Liberal Internationals are investigated and compared in order to determine the influence of the hierarchy of moral and legal values of a particular political community on the evolution of the concept and content of the principle of equality in European society in a certain period of time. Results. The program of the Communist International, adopted at the 45th meeting of the 6th Congress of the Communist International on September 1, 1928, clearly articulates the idea of ​​equality between men and women, as well as the equality of all fighters for a socialist lifestyle, regardless of national, cultural, linguistic or racial differences , gender, or profession. On the other hand, this concept of equality applies only to the class of the proletariat, which fights for "a world-wide proletarian dictatorship and world communism." That is, the authors of the program advocated a class approach to understanding the principle of equality, whose effect was not to extend to other classes and strata of society except the proletariat. The concept of legal equality declared in the Comintern documents has the character of equality of results - a concept whose meaning is that society and the state must guarantee equality of people through the redistribution of wealth and status in order to achieve economic and social equality. Equality in this concept is the first and greatest value compared to freedom and justice. This kind of equality is called egalitarianism and is possible only if free competition, which underlies equality of opportunity, is restricted. The Socialist Declaration of Principles adopted in Stockholm in 1989 proclaimed freedom, justice, equality and solidarity as the basic principles of the Social Democrats. In particular, it was emphasized that the Social Democrats attach equal importance to these fundamental principles and understand their interdependence. Contrary to this view, liberals and conservatives favor individual liberty at the expense of justice and solidarity, while the Communists claim to have achieved equality and solidarity, but at the expense of freedom. The Manifesto of the Liberal International declared the concept of equality of opportunity, according to which each individual should be guaranteed equal chances to succeed in life, and focused primarily on the principle of freedom in accordance with the classical principles of liberalism. In particular, the following liberal principles were proclaimed: independence of thought; respect for the human personality and the family as the foundation of society; the state is only a tool of the community; it must not assume a power which is contrary to the fundamental rights of citizens and to the conditions necessary for a responsible and creative life, namely: personal freedom, guaranteed by the independence of the administration of law and justice; freedom of religion and freedom of conscience; freedom of speech and the press; freedom to associate or not to associate; free choice of classes; the possibility of full and varied training, according to ability and regardless of birth or means; the right to private property and the right to start a separate enterprise; free choice of consumers and the opportunity to take full advantage of the productivity of the soil and the human industry; protection against disease, unemployment, disability and old age; equality between men and women. These rights and conditions can only be guaranteed by true democracy. Сonclusions. Defining in the conception of the equality principle of the Communist, Socialist and Liberal Internationals of the twentieth century there is a balance between equality and freedom. In particular, the limits of freedom and, accordingly, the content of the concept of equality are largely determined by the hierarchy of moral and legal values ​​of a particular political community over a period of time. It is also important to emphasize that the genesis of the concepts of the principle of equality in the programming documents of three influential international political organizations of the twentieth century was conditioned by a complex and contradictory process of becoming European democracy. The triumph of the social-democratic and liberal concept of equality and its consolidation in the constitutions of most European countries in the second half of the twentieth century contributed to the deep disappointment of the general public of the European community with the totalitarian and authoritarian forms of government and the socio-economic progress of states with democratic forms of government.

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