Diversity and sociodemographic inequality of indigenous peoples: Reflections for the formulation of policies within the framework of individual and collective rights

2007 ◽  
pp. 210-216
Keyword(s):  
Indigenous Peoples ◽  
Collective Rights

scholarly journals Women and Legal Pluralism: Lessons from Indigenous Governance Systems in the Andes

2017 ◽  
Vol 49 (3) ◽  
pp. 633-658 ◽  
Author(s):  
RACHEL SIEDER ◽  
ANNA BARRERA
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Women ◽  
Structural Constraints ◽  
Community Based ◽  
Community Governance ◽  
Collective Rights ◽  
The Andes ◽  
Governance Systems ◽  
National Citizenship ◽  
Citizenship Regimes

AbstractThe shift towards legally plural multicultural and pluri-national citizenship regimes in the Andes formally recognised indigenous peoples’ community-based governance systems. These tend to emphasise participation, deliberation and service to the collective, but are often criticised for discriminating against women. We argue that recent constitutional reforms and legislation combining recognition of collective rights claims with institutional guarantees for gender equality have in fact amplified indigenous women's different strategies of ‘negotiating with patriarchy’, allowing them to further the transformation of their organisations and ‘custom’. Such strategies are necessary because of the intersections of race, class and gendered exclusions that indigenous women experience, and possible because of the diverse and dynamic nature of community governance systems. Despite systemic and structural constraints on the guarantee of indigenous peoples’ rights, the actions of organised indigenous women over the last two decades point to new ways of imagining more plural, less patriarchal forms of citizenship.

scholarly journals Eichler, Jessika. 2019. Reconciling indigenous peoples’ individual and collective rights: participation, prior consultation and selfdetermination in Latin America. New York: Routledge. 196 p.

2021 ◽  
pp. 189-191
Author(s):  
Amelia Alva-Arévalo
Keyword(s):  
New York ◽  
Latin America ◽  
Indigenous Peoples ◽  
Collective Rights ◽  
Derechos Humanos ◽  
Las Mujeres

El libro de Eichler reflexiona profundamente sobre la relación entre los derechos colectivos de los pueblos indígenas y los derechos individuales de sus miembros, particularmente, de aquellos que conforman los sub-grupos minoritarios como son las mujeres, niños y ancianos, a quienes se les ha otorgado protección especial en el derecho internacional de los derechos humanos. Complementariamente a esta reflexión teórica, se presenta un estudio empírico de Bolivia, permitiendo a la autora a ofrecer un marco reconciliatorio de los derechos colectivos e individuales necesario para cambiar la perspectiva del ejercicio de los derechos de participación, consulta y auto determinación de los pueblos indígenas.

scholarly journals New Paradigm in Natural Resources Management: Securing Indigenous Peoples Rights

2020 ◽  
Vol 6 (1) ◽  
pp. 56
Author(s):  
Farida Patittingi
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Natural Resources Management ◽  
Bright Spot ◽  
New Paradigm ◽  
Resources Management ◽  
Collective Rights ◽  
Forest Law ◽  
The Government

The multi-decade struggle of indigenous communities in Indonesia to gain recognition of their collective rights and the reluctance of the state to act on their demands, now has come to a bright spot. The rights of indigenous peoples in natural resources management –in land and forests– get more recognition as well as protection since the Constitutional Court’s decision on forest law. The recognition of indigenous peoples and their traditional rights must be followed by exclusive rights to control and managing resources in their environment, such as land or forests, as the main source of livelihood for indigenous peoples (lebensraum). Hence, a legal policy is needed from the government that regulates and provides strict and clear recognition criteria for its existence and their rights to natural resources.

Die Rechte indigener Völker im Menschenrechtssystem

2022 ◽  
Author(s):  
Jessika Eichler
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
International Human Rights ◽  
Politics Of Recognition ◽  
Human Rights Protection ◽  
Collective Rights ◽  
Cultural Rights ◽  
Rights Protection ◽  
Political Economic ◽  
Special Rights

This textbook offers insights into the recently established special rights regime on indigenous peoples’ rights at international level. The reader is guided from the early beginnings of this issue in the 1970s to current jurisprudential developments. International and regional norms are introduced and contrasted with societal and political challenges. The book also opens broader debates on the politics of recognition and decolonisation, multilateral systems and global governance, the pluralisation of society and its institutions, collective rights and the meaning of civil, political, economic, social and cultural rights. This group-specific field of the international human rights protection system is viewed through the lenses of international law and socio-political approaches.

Cultural and Collective Rights of Indigenous Peoples in Venezuela

2015 ◽  
pp. 110-134
Author(s):  
Soledad Torrecuadrada García-Lozano ◽  
Vladimir Aguilar Castro ◽  
Carlos Grimaldo Lorente
Keyword(s):  
Indigenous Peoples ◽  
Legal Framework ◽  
Cultural Traditions ◽  
Indigenous Cultures ◽  
Collective Rights ◽  
Cultural Rights ◽  
Nation States ◽  
Positive Assessment ◽  
History Of ◽  
Indigenous Perspective

In this chapter, the authors attempt to demonstrate that respect for cultural identity of all human groups should be seen as a fundamental right. Ignoring Collective rights of indigenous peoples, those related to their cultural traditions, generally causes the lack of respect. Thus, knowledge of the cultural manifestations and their origin and meaning (as part of the history of the territories they inhabit) can conquer this respect on a par with its defense. This obviously with comprehensive training aimed to sensitize the general population in the positive assessment it deserves it different. The actions of nation-states governments with strong indigenous population has been characterized, until recently, by a remarkable disregard for indigenous cultures, having as a result the result of which such attitude, today from the non - indigenous perspective indigenous cultural manifestations are reduced to colorful folklore shows, when not seen as backward and primitive traditions. This chapter delves deeply into the legal framework for the protection of collective and cultural rights of indigenous peoples. The authors also attempt to show the weaknesses of the law and how states should act to strengthen them. Proposed article does emphasis on indigenous traditional knowledge and not in a wider debate on the topic of knowledge in general.

scholarly journals Law of Ukraine «On Indigenous Peoples of Ukraine»: declaration of rights and their further implementation»

2021 ◽  
pp. 132-142
Author(s):  
Anton Opanasenko
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Status ◽  
State Power ◽  
Self Determination ◽  
National Minority ◽  
Public Authorities ◽  
Collective Rights ◽  
The Law ◽  
Detailed Interpretation

Keywords: Indigenous peoples, Crimean Tatars, Karaites, Krymchaks, Gagauzpeople, representation, legal status, self-determination, language, culture, traditions,people, identity The article analyses indetail the legal status and certain types of rights as signed to indigenous peoples ofUkraine under the recently adopted Law of Ukraine «On Indigenous Peoples of Ukraine». The criteria of belonging of separate communities to the indigenous peoplesof Ukraine, features of realization by these peoples of their collective rights, and alsorealization by separate representatives of indigenous peoples of their individualrights in the corresponding spheres are defined. The study also defines the characteristicsof the indigenous people, which distinguish this concept from other related concepts,in particular, the concept of national minority. Also, the article, based on theaforementioned Law, determines why only the indigenous peoples of Crimea:Crimean Tatars, Karaites and Krymchaks can be recognized as indigenous peoples ofUkraine, in contrast to the Gagauz people, who currently in Ukraine’s Odessa region.The study also highlights the peculiarities of the representation of indigenous peoplesof Ukraine at the local, national and international levels. A detailed interpretation ofthe provisions of the Law clarifies its role and significance, as well as prospects for theimplementation of its provisions in the future. The specifics of the representation ofindigenous peoples in Ukraine have been studied, in particular through the functioningof separate representative bodies of indigenous peoples, as well as the representationof the aforementioned communities within public authorities and local governments.The process and peculiarities of interaction of the representative bodies of theindigenous peoples of Ukraine with the bodies of state power and local self-governmentin Ukraine are analysed, along with the specifics of the legal status of such bodiesof the indigenous peoples. The publication proves the need for further the legislativeprocess to implement the requirements of the law, as well as the development ofdetailed and transparent mechanisms for such implementation.

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