scholarly journals The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 869
Author(s):  
Alexandra Tomaselli ◽  
Alexandra Xanthaki
Keyword(s):  
Latin America ◽  
International Law ◽  
Indigenous Peoples ◽  
Latin American ◽  
International System ◽  
Indigenous Rights ◽  
Daily Basis ◽  
Implementation Gap ◽  
American States ◽  
Indigenous Religions

This article argues that the (Western-oriented) right to religion has been proven inadequate in protecting Indigenous Peoples’ rights. It recognizes that this is partly because of the distinctive characteristics of Indigenous religions, which differ from other dominant religions, but also because of the way in which religion has been used by colonialism with dramatic effects on Indigenous Peoples and their beliefs, spiritualities, and worldviews. The article focuses on Latin America to argue further that in addition to colonialism, the early Constitutions also attacked Indigenous religions. As Indigenous rights are more acknowledged in Latin America, we take this region as an excellent, albeit painful, example of how Indigenous religions have been pushed aside even in the most positive contexts. The article uses the constitutional and legal arrangements in Latin American states, mainly Ecuador and Bolivia, to critically assess the protection that these favorable to Indigenous Peoples legal systems’ guarantee to Indigenous rights despite a persistent implementation gap. Also, this article highlights the weaknesses of the international system in mitigating the manifold threats that Indigenous Peoples have to face on a daily basis in their struggle to maintain and transmit their religions and spirituality, including the assault of other religions and sects into their communities and the so-called neo-extractivism. The article finally draws some concluding remarks and recommendations on how to improve the freedom of and violations from religion(s) of Indigenous Peoples in the context of Latin America as well as international law more broadly.

scholarly journals Maritime Piracy in the Modern Era in Latin America

2020 ◽  
pp. 121-128
Author(s):  
Amarilla Kiss
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Legal Aspect ◽  
Maritime Piracy ◽  
American States ◽  
The Caribbean ◽  
Domestic Law ◽  
Modern Era ◽  
Latin American Countries

Maritime piracy is an activity that was considered defunct long ago and that Latin American countries experience it again in the 21st century. Since 2016 the number of attacks has increased dramatically involving armed robbery, kidnapping and massacre. Modern day piracy has nothing to do with the romantic illusion of the pirates of the Caribbean, this phenomenon is associated with the governmental, social or economic crisis of a state. When it appears, we can make further conclusions regarding the general conditions of the society in these states. But do these attacks really constitute piracy under international law? Does Latin American piracy have unique features that are different from piracy in the rest of the world? The study attempts to answer the questions why piracy matters in Latin America and how it relates to drug trafficking and terrorism. Apart from that, the study presents a legal aspect comparing the regulation of international law to domestic law, especially to the national law of Latin American states.

Global Indigenous Rights and Responses

2010 ◽  
Author(s):  
Pat Lauderdale ◽  
Nicholas D. Natividad
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
International System ◽  
Indigenous Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Economic ◽  
Real Change ◽  
The Individual

The United Nations Permanent Forum on Indigenous Issues estimates that there are over 370 million indigenous people spread across 70 countries worldwide. Practicing unique traditions, they retain social, cultural, economic, and political characteristics that are distinct from those of the dominant societies in which they live. Dialogue and political negotiations with indigenous peoples has a long history that began at least a half a millennium ago when the notion of an inter-national” community and the concept of the nation-state became dominant. Since that time, the concepts of sovereignty, self-determination, rule of law, and human rights have led to the establishment of the frameworks and structures of organization that are now referred to collectively as modern international law. But unlike most modern international human rights law, which emphasizes rights of the individual, indigenous peoples generally think in terms of collective rather than individual rights. Because indigenous peoples’ “law” suggests the importance of collective rights, it renders a culture of responsibility and accountability to the collective. At present, international indigenous rights are a type of superficial bandage, giving the appearance of propriety to the crisis faced by the hegemonic “international system of states.” Therefore, indigenous rights standards propagated by organizations such as the UN currently are largely symbolic. However, they could potentially lead to real change if they are coupled with widespread acknowledgment of the fact that diverse societies exist throughout the world with different forms of social organization and diverse conceptions of law.

Contours of an Indigenous Peoples’ Right to Water in Latin America under International Law

2012 ◽  
Vol 1 (2) ◽  
pp. 211-236 ◽  
Author(s):  
Marco Parriciatu ◽  
Francesco Sindico
Keyword(s):  
Human Rights ◽  
Latin America ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Latin American ◽  
Human Right ◽  
Customary Laws ◽  
The One ◽  
Definition Of

This article critically assesses the nature and the content of a possible human right to water for Indigenous People in the Latin American context. On the one hand, after introducing the deliberately unclear definition of Indigenous People, the article considers that a human right to water is embedded in Indigenous Peoples’ customary laws, which, according to legal pluralism, are to be considered as a legitimate source of law. The article then moves to the content of a possible human right to water for Indigenous People in the Latin American context. The importance of the jurisprudence of the Inter American Court of Human Rights is highlighted, and the obligation for States to consult with Indigenous People when dealing with their water resources is hailed as one of the key elements of a human right to water.

The Implementation of the Rome Statute in Latin American States

2003 ◽  
Vol 16 (2) ◽  
pp. 331-366 ◽  
Author(s):  
HUGO RELVA
Keyword(s):  
Latin America ◽  
International Law ◽  
Latin American ◽  
Rome Statute ◽  
Civil Law ◽  
Customary International Law ◽  
American States ◽  
Domestic Legislation

The implementation of the provisions of treaties and conventions is a duty arising from conventional and customary international law. In the case of the Rome Statute this duty is implied, since only by fulfilling it will states be able properly to comply with the obligation of complementarity. Moreover, the entire Statute is based on the assumption that states parties will in most cases be able and willing to investigate and prosecute crimes. Implementing the Rome Statute in Latin America is complicated by gaps existing in domestic legislation and the special characteristics of the legislation of civil law states.

From proclamation to denial

2018 ◽  
Vol 8 (2) ◽  
pp. 49-81 ◽  
Author(s):  
Catherine Alès
Keyword(s):  
Political Participation ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Latin American ◽  
Indigenous Rights ◽  
American States ◽  
Participation Politique ◽  
America Latina ◽  
Latin American Countries ◽  
Peuples Autochtones

English Abstract:The indigenous people of Venezuela, long excluded from political participation, registered a whole set of rights within the new constitution in 1999. However, the proclamation of these rights did not ensure their full implementation and, a fortiori, their purpose to protect the survival of indigenous peoples. This article presents an analysis of the processes through which indigenous rights have been allocated but poorly implemented and even substantially withdrawn. In many Latin American states, the rights that promote autonomy and self-government are actively abandoned notwithstanding cultural, political, and economic contexts be they progressive or conservative. Through this analysis, this article proposes the concept of “proclamation-denial”. While this concept is relevant for numerous Latin American countries, this article highlights the specificities of the Venezuelan case.Spanish Abstract: Los pueblos indígenas de Venezuela, históricamente excluidos de la participación política, lograron que se registrara todo un conjunto de derechos particulares dentro de la nueva constitución en 1999. Sin embargo, la proclamación de estos derechos no garantizó su plena aplicación y, a fortiori, su propósito de proteger la supervivencia de los pueblos indígenas. Este artículo analiza los procesos por los cuales los derechos indígenas han sido legalmente asignados pero débilmente implementados, y hasta desconocidos sustancialmente. En muchos estados latinoamericanos, los derechos que promueven la autonomía y el autogobierno son activamente abandonados, y esto que el contexto cultural, político y económico sea progresista o conservador. A través de este análisis, este artículo propone el concepto de «proclamación-negación». Si bien este concepto es relevante para numerosos países de América Latina, el texto destaca las especificidades del caso venezolano.French Abstract:Longtemps exclus de la participation politique, les autochtones du Venezuela ont su inscrire tout un ensemble de droits particuliers au sein de la nouvelle constitution en 1999. La proclamation de ces droits n’a cependant pas garanti leur pleine application ni, a fortiori, son objectif de protéger la survivance des peuples autochtones. Cet article présente une analyse des processus par lesquels les droits autochtones ont été attribués mais faiblement implémentés, et ont même substantiellement régressé. Dans plusieurs Etats d’Amérique latine, les droits qui promeuvent l’autonomie et l’auto-gouvernement sont activement abandonnés, indépendamment du fait que le contexte culturel, politique et économique soit progressiste ou conservateur. A travers cette analyse, l’article propose le concept de «proclamation-dénégation». Tandis que ce concept est pertinent pour de nombreux pays d’Amérique latine, le texte illustre les spécificités du cas vénézuélien.

Latin America’s Evolving Contribution to Peaceful Change in the International System

2020 ◽  
Author(s):  
Harold A. Trinkunas
Keyword(s):  
Latin America ◽  
International Law ◽  
Structural Changes ◽  
International System ◽  
Regional Organizations ◽  
International Courts ◽  
Interstate Disputes ◽  
System P ◽  
Soft Balancing ◽  
Interstate System

Latin America has long aspired for an interstate system based on the principles of nonintervention and adherence to international law. Over time, the region has become increasingly free of war, and interstate disputes are frequently settled via diplomacy or by international courts. But it has achieved a largely “negative” peace as peaceful relations in the region are neither the result of nor have produced deeper commercial integration, effective regional organizations, or epistemic security communities. This chapter examines realist, liberal, and constructivist explanations to explain the sources of peace and peaceful change in Latin America, as well as how structural changes in the international system have affected the region. In particular, it analyzes how Latin America’s relative weakness in terms of material capabilities has led it to rely on diplomacy, “soft balancing,” and norms entrepreneurship in international law to secure its interest in a progressively more peaceful and rule-bound international order.

Mobilising Free, Prior and Informed Consent (fpic) from Below: A Typology of Indigenous Peoples’ Agency

2020 ◽  
Vol 27 (2) ◽  
pp. 291-313 ◽  
Author(s):  
Almut Schilling-Vacaflor ◽  
Riccarda Flemmer
Keyword(s):  
Informed Consent ◽  
Indigenous Peoples ◽  
Latin American ◽  
Indigenous Rights ◽  
Legal Interpretation ◽  
Resource Governance ◽  
Natural Resource Governance ◽  
Indigenous Participation ◽  
Latin American Countries ◽  
Public Decision

Based on rich empirical data from Bolivia, Colombia, and Peru – the three Latin American countries where the implementation of prior consultation processes is most advanced – we present a typology of indigenous peoples’ agency surrounding prior consultation processes and the principle of free, prior and informed consent (fpic). The typology distinguishes between indigenous actors (1) mobilising for a strong legal interpretation of fpic, (2) mobilising for meaningful and influential fpic processes, (3) mobilising against prior consultation processes, and (4) blockading prior consultation processes for discussing broader grievances. We identify the most prominent indigenous strategies related to those four types, based on emblematic cases. Finally, we critically discuss the inherent shortcomings of the consultation approach as a model for indigenous participation in public decision-making and discuss the broader implications of our findings with regard to indigenous rights and natural resource governance.

scholarly journals Pueblos originários y educación: De la colonialidad a las experiências decoloniales en Brasil y Chile

2020 ◽  
Vol 28 ◽  
pp. 163
Author(s):  
Juan Guillermo Mansilla ◽  
José Rubens Lima Jardilino
Keyword(s):  
Latin America ◽  
Indigenous Peoples ◽  
Latin American ◽  
Indigenous Education ◽  
Theoretical Perspective ◽  
Return Of Results ◽  
Documentary Analysis ◽  
Abstract Knowledge ◽  
History Of ◽  
Written Sources

This article on the education of indigenous peoples in Latin America is a synthesis of an approximation of studies on the history of Education of indigenous peoples (schooling), taking Brazil and Chile as a case study. It represents an effort of reflection of two researchers of the History of Latin American Education Society (SHELA), who have been studying Indigenous Education or Indigenous School Education in Chile and Brazil, from the theoretical perspective of “coloniality and decoloniality” of indigenous peoples in Latin America. The research is based on a comprehensive-interpretative paradigm, whose method is linked to the type of qualitative historiographic descriptive research considering primary and secondary written sources, complemented with visual data (photographs). The documentary analysis was made from material based on primary written sources, secondary and unobtrusive personal documents. The study included three distinct phases in the process of producing results: 1) a critical review of the data of our previous research, in addition to the bibliographic review of research results regarding the presence of the school in other indigenous cultures of the Americas; 2) capturing and processing of new data; and 3) validation and return of results with the research participants. Content analysis was carried out in order to reveal nuclei of central abstract knowledge, endowed with meaning and significance from the perspective of the producers of the discourse, as well as knowledge expressed concretely in the texts, including their latent contents.

Regional patterns of multilateral treaty cooperation: Is there a Latin American ‘commitment gap’?

2021 ◽  
pp. 019251212110364
Author(s):  
Carsten-Andreas Schulz ◽  
Laura Levick
Keyword(s):  
Latin America ◽  
Latin American ◽  
Regional Patterns ◽  
Country Level ◽  
American States ◽  
Original Dataset ◽  
The Rich ◽  
Other World ◽  
Multilateral Treaty ◽  
Multilateral Treaties

Latin American states have long been active participants in multilateral treaty making. However, the rich history of Latin American legal activism contrasts with debates about the degree to which these states commit to international agreements. We probe the existence of this purported ‘commitment gap’ by analyzing the signing and ratification of multilateral treaties. Are Latin American states less likely to ratify agreements they have signed than states from other world regions? Using survival analysis of an original dataset on multilateral treaties deposited with the UN Secretary-General, we find no difference between Latin America and North America/Europe in terms of ratification. If a commitment gap exists, it appears to be more evident in other regions, particularly East Asia, Africa, and the Anglo-Caribbean. To the extent that there is a ‘commitment gap’ at the regional level in Latin America, it is unlikely to be due to country-level factors such as domestic institutions.

scholarly journals Indigenous Peoples, International Law, and Extractive Industry Contracts

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 220-225 ◽  
Author(s):  
Ibironke T. Odumosu-Ayanu
Keyword(s):  
Informed Consent ◽  
International Law ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Transnational Corporations ◽  
International Norms ◽  
Extractive Industry ◽  
Global Industry

The extractive industry has contributed to the development of international law since colonial times. Contracts between states and extractive companies largely drive this global industry. This essay situates extractive industry contracts involving Indigenous peoples, long term actors who have significantly informed the development of international law, within the context of international law. While these contracts are usually analyzed from domestic perspectives, they are impacted by international norms and, as developing transnational practices, even have the potential to show ways ahead in international law. As regards engagement with Indigenous peoples, contracts, which are typically regarded as private instruments, have significant public ramifications. This is especially the case where states, Indigenous peoples, and transnational corporations (TNCs) are involved and where internationally recognized principles relating to Indigenous rights, notably free, prior, and informed consent (FPIC) are implicated.

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