Participatory Institutions as a Focal Point for Mobilizing: Prior Consultation and Indigenous Conflict in Colombia’s Extractive Industries

2020 ◽  
Author(s):  
Maiah Jaskoski
Keyword(s):  
Focal Point ◽  
Indigenous Communities ◽  
The State ◽  
Extractive Industries ◽  
Constitutional Court ◽  
Participatory Institutions ◽  
Indigenous Groups ◽  
Major Hydrocarbon

This article systematically analyzes how the participatory institution “prior consultation” indirectly gave Colombian indigenous communities a voice in five major hydrocarbon and mining conflicts by creating opportunities to organize around the institution. Mobilized indigenous groups did not express their concerns about extraction within the prescribed prior consultation meetings. Instead, they refused to be consulted, they challenged the lack of, or their exclusion from, prior consultation, and they preemptively achieved environmental protections. Variation in tactics is explained by (1) the stage of the planned extraction, (2) whether the state initially determined that a community was affected by the extraction, and (3) the degree of unity among affected communities. The article further highlights the role of Colombia’s Constitutional Court in interpreting and weighing the rights that underlie prior consultation procedures.

scholarly journals Harapan Baru Atas Pengelolaan Sumber Daya Air terkait Putusan MK Nomor 85/PUU-XI/2013

2016 ◽  
Vol 12 (3) ◽  
pp. 422
Author(s):  
Izzatin Kamala
Keyword(s):  
Drinking Water ◽  
Water Resources ◽  
Private Sector ◽  
The State ◽  
Constitutional Court ◽  
Resources Management ◽  
Household Level ◽  
Role Of The State ◽  
Water Value

The Decision of Constitutional Court No.85/PUU-XI/2013 (The Decision of CC 2013) has canceled Law No. 7 Year 2004 on Water Resources (Law on WR 2014). The cancellation is a new hope for improving the management of water resources. During the implementation of Law WR 2004, there is mismanagement in the provision of drinking water. This paper has two focus issues, namely: first, how the low responsibility of the state for managing water resources impacts the fulfillment of drinking water for the citizens? Second, how are the improvements of water resources management expected to be realized through the Decision of CC 2013? From the discussion, the author has two conclusions. First, the negligence of the state caused that the role of the state in providing drinking water for the citizens was  lost by the role of private sector. For example, a year before judicial review (2012), the number of consumers of drinking water supplied by the national sector in in the counting unit of household level is only the part of 11.79 percent. The number was lost by the supply of private sector covering 38.85 percent of households nationally. Second, the Decision of CC 2013 brings a new hope. Some basic thought are the improvement of state’s responsibility for managing water resources, termination  on the private’s monopoly and termination on commercialization of water value.

scholarly journals La coerción estatal del art. 155 ce en la estructura del estado autonómico

2016 ◽  
pp. 277 ◽  
Author(s):  
Leonardo Álvarez Álvarez
Keyword(s):  
The State ◽  
Constitutional Court ◽  
Central State ◽  
Decentralized System ◽  
Legal Obligations ◽  
El Sistema ◽  
State Coercion ◽  
Siglo Xix ◽  
Autonomous State

El constituyente español ha plasmado en el art. 155 CE una categoría de larga trayectoria en el sistema descentralizado alemán: la coerción estatal. La coerción estatal surge en el periodo de la confederación del siglo xix para suplir las carencias de la justicia constitucional, atribuyendo a órganos del Estado central la facultad de garantizar el cumplimiento de las obligaciones impuestas por la Constitución (y las leyes) al resto de miembros del sistema descentralizado. El encaje de la coerción estatal presenta problemas en un sistema descentralizado construido a partir de una Constitución como norma suprema, cuya tutela le corresponde a un Tribunal Constitucional. Este trabajo ha pretendido analizar la función que puede desempeñar la coerción estatal del art. 155 CE en la estructura del Estado autonómico.The Spanish constituent recognized in the art. 155 of the Constitution a category of the tradition of the German decentralized system: the state coercion. The state coercion emerges during the period of the confederation of the nineteenth century to supply the deficiences of the constitutional justice, attributing to the central state organs different faculties to ensure the fulfillment the constitutional (and legal) obligations by the members of the decentralized system. The engagement of state coercion presents problems in a decentralized system built from a Constitution as supreme law, whose protection is attributed to a Constitutional Court. This work has attempted to analyze the role of state coercion of art. 155 SC in the structure of the autonomous State.

Mexico: The Evolution of a Multiparty State

2021 ◽  
Author(s):  
Nora Hamilton ◽  
Patrice Olsen
Keyword(s):  
United States ◽  
Political System ◽  
Mexican Revolution ◽  
Indigenous Communities ◽  
The United States ◽  
The State ◽  
Drug War ◽  
Research Issues ◽  
The Impact

Several distinct features have shaped Mexico’s political development, among them its geographic characteristics, including its proximity to, and shifting relations with, the United States; the existence of a significant indigenous population whose distinct cultures and interaction with the Spanish colonists helped determine the trajectory of Mexican history; and the Mexican revolution, which in turn shaped the political system and ideology of much of the 20th century. These in turn have influenced research issues and debates, including (a) conceptualizations of the indigenous populations and the impact of colonialism (caste system vs. mestizo/cosmic race), growing emphasis on size and identity of indigenous groups and other minorities, and the search for autonomy by indigenous communities; (b) foreign relations, and especially the impact of the United States, including annexation of half of Mexico’s territory following the Mexican–American War, foreign ownership and control of Mexican assets (dependent development, “triple alliance”), and the impact of globalization and neoliberalism (outward- vs. inward-oriented development, North American Free Trade Agreement, cross-border alliances); (c) the nature and impact of the Mexican revolution, including origins and goals of distinct revolutionary groups, the Constitution, reforms and their limits in the early postrevolutionary period, and the creation of a unique political system combining elements of flexibility and repression; (d) the role of the state, including debates regarding the independence of the state vs. class control, and its significance in the protection of national interests and promoting social reforms and economic development; and (e) migration, including U.S. recruitment of Mexican labor, increasing emphasis on the Mexican border and restrictions on migrants, contributions of Mexican migrants to Mexico (remittances, hometown associations and other associations linking Mexicans to their home communities), and cooperation of Mexico with the United States in controlling Central American migration. International research issues, including concerns about human rights and the rights of women, minorities and other disadvantaged groups, as well as developments in Mexico in the late 20th and early 21st centuries, have also had an important impact on Mexican research, among them (a) democratization, including the role of social groups, decentralization, and the limits to democracy (ongoing corruption, fraudulent elections, and continued poverty and inequality), and (b) the drug issue, including the emergence of the cartels and increased violence with the militarization of the drug war under the Calderón presidency, policy concentrating on kingpin strategy, and the role of the United States as drug market and supplier of guns as well as a source of assistance in the drug war focused on military aid and the destruction of drug producing areas. These conditions present formidable challenges to President Andrés Manuel López Obrador, whose anticorruption, proreform agenda and widespread support brought hope for change.

scholarly journals Contested mobilities in the maritory: Implications of boundary formation in a nomadic space

2021 ◽  
pp. 239965442110168
Author(s):  
José Barrena ◽  
Alberto Harambour ◽  
Machiel Lamers ◽  
Simon R Bush
Keyword(s):  
Public Policy ◽  
Indigenous People ◽  
Indigenous Communities ◽  
The State ◽  
Partial Control ◽  
Boundary Formation ◽  
Indigenous Groups ◽  
Nomadic People ◽  
Over Time

The mobility of nomadic Indigenous people has been systematically constrained over time by states seeking control over peripheral spaces and people. This is evident in the case of the Kawésqar nomadic ‘people of the sea’ who have been subject to a century of attempts by the Chilean state to spatially fix their movements over both their terrestrial territories and marine ‘maritories’. In this paper, we show how Indigenous groups like the Kawésqar can challenge and even regain partial control over their maritory by using spatial instruments of the state. We argue that by using these instruments to remobilise, the Kawésqar have been empowered to demobilise other groups and marine related sectors, such as aquaculture. These findings can reorient public policy to be more sensitive to Indigenous space and mobility. Instead of focusing exclusively on the establishment of spatial boundaries to exclude Indigenous communities, they can be used as a means of empowering these communities to exert control over actors and sectors seeking to limit their mobility.

scholarly journals The Role of Indonesian Constitutional Court in Resolving Disputes among the State Organs

2019 ◽  
Vol 5 (2) ◽  
pp. 159
Author(s):  
Iwan Satriawan ◽  
Khairil Azmin Mokhtar
Keyword(s):  
Subject Matter ◽  
The State ◽  
Constitutional Court ◽  
Checks And Balances ◽  
Legal Standing ◽  
The Subject

The paper attempts to assess the role of the Constitutional Court of Indonesia in the process of consolidating democracy in the country. Examinations are made on the court’s decisions regarding dispute concerning jurisdiction among state organs. This paper argues that the Constitutional Court has not made a significant impact on the promotion of democracy. It is believed that the failure of the Court to consolidate democracy through its decisions regarding dispute concerning jurisdiction among state organs could be attributed to two main reasons. The first is due to the unclear concept of subjectum litis of the petitioners to have legal standing in the Constitutional Court, and the second is the lack of understanding of the subject matter jurisdiction of the Court. Due to uncertainties only, small numbers cases registered and heard by the Constitutional Court. Furthermore, most of the cases registered in the Court either been rejected or not been accepted by the judges. Despite the misgivings, the Court is still relevant and have certain contributions towards democracy. It has to a certain extent that enhances the working of checks and balances mechanisms among state organs. It is believed that the court could be more reliable and enhance its function in promoting democracy in the country by defining clearly classification of the subjectum litis as well as the objectum litis of the dispute that it may hear.

The formation of the composition of the Constitutional Court of Russia in 1994–1995 (on the history of the issue and constitutional and legal aspects)

2021 ◽  
Vol 30 (4) ◽  
pp. 155-171
Author(s):  
Mikhail Mityukov
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Constitutional Court ◽  
Political Struggle ◽  
Head Of State ◽  
The Status ◽  
History Of ◽  
The Russian Federation ◽  
Democratic Procedure

The modernisation of the Constitutional Court of the Russian Federation in 1993–2000 was a result of the political and legal transformations of the 1990s, and the period of its procedural inaction for a year and a half was by no means time lost. It was used to prepare a new law for the Constitutional Court, which was largely prepared by the Court itself and accompanied by disputes with the State Legal Department of the Russian Federation’s president and various factions of the State Duma of the first assembly (LDPR, KPRF). Discussions were primarily held about the status of the Constitutional Court, such as the Court’s term in office, as well as its number of members, which greatly determined the effectiveness of the future “second” Constitutional Court of the 1993–1995 model and its internal structure. Filling the Constitutional Court’s six vacant seats as defined by the 1993 Constitution was not carried out by electing judges as in the previous legislation, but instead by appointing them to each of the chambers on the suggestion of the head of state. This predetermined an acute political struggle, primarily to establish the procedure for selecting candidates for judicial positions and determining the role of the president in each chamber of the Federal Assembly, the State Duma factions, legal institutions, and scientific communities of legal scholars. The independent “game” of each of these elements delayed the process of starting a functioning Constitutional Court for many months, but the democratic procedure for electing the courts’ heads allowed the issue to resolve without delay.

The Energy Politics of Latin America

2019 ◽  
pp. 662-686
Author(s):  
Sylvia Gaylord
Keyword(s):  
Latin America ◽  
Large Scale ◽  
Energy Resource ◽  
Indigenous Communities ◽  
The State ◽  
Inclusive Development ◽  
Policy Debates ◽  
Role Of The State ◽  
Poverty And Inequality

Energy policy debates in Latin America are tied to the region’s fundamental policy dilemmas regarding the role of the state and the market in the economy and the quest for inclusive development. The global commodity boom that started in 2003 and lasted a decade allowed socially minded governments to address poverty and inequality and reassert the role of the state in energy resource extraction and management. At the same time, the commodity boom spurred resistance, as broad sectors of society view globalization as a driver of profound change that brings uneven benefits and threatens more disadvantaged sectors of society. This opposition became evident in the increase in social protests against large-scale energy projects, in particular by indigenous communities embracing a new environmental agenda based on identity and human rights.

Indigenous Attitudes and Ethnic Identity Construction in Mexico

2006 ◽  
Vol 22 (1) ◽  
pp. 107-130 ◽  
Author(s):  
Todd A. Eisenstadt
Keyword(s):  
Ethnic Identity ◽  
Identity Construction ◽  
Indigenous Communities ◽  
State Policies ◽  
The State ◽  
Recent Survey ◽  
Ethnic Identities ◽  
Policy Debate ◽  
Indigenous Groups ◽  
Los Grupos

Challenging primordialist positions commonly held in Mexico's policy debate over relations between indigenous groups and the state, this article confirms the instrumentalist position that ethnic identities may be readily shaped. Using findings from a recent survey in Chiapas, Oaxaca, and Zacatecas, the author concludes, after distinguishing individual- from collectivity-oriented attitudes, that indigenous and non-indigenous respondents are similarly individualist. Important differences were found, however, on a second dimension distinguishing pro-state respondents from those who were more communally-oriented. Indigenous respondents, particularly in Oaxaca, were found to possess more statist orientations than non-indigenous respondents. The author asserts that decades-old state policies to assimilate indigenous communities may be partially responsible, and that disillusionment with these policies and state-led repression in Chiapas may explain attitude differences among indigenous respondents. Desafiando las visiones primordialistas comúúnmente apoyadas en Mééxico durante los debates de políítica púública sobre las relaciones entre los grupos polííticos y el estado, este artíículo confirma la posicióón instrumentalista de que la identidad éétnica puede ser voluntariamente adoptada. Usando hallazgos de una reciente encuesta en Chiapas, Oaxaca y Zacatecas, el autor concluye, despuéés de distinguir las actitudes individuales de las colectivas, que los encuestados indíígenas y no-indíígenas son similarmente individualistas. Se encuentran importantes diferencias, pero en una segunda dimensióón que distingue a los encuestados pro-estatales de los que tienen orientaciones comunitarias. Los indíígenas consultados, particularmente los de Oaxaca, tienen orientaciones máás estadistas que los no-indíígenas (o sea máás orien-tados hacíía el estadogobierno). El autor argumenta que déécadas de viejas polííticas púúblicas estatales para asimilar a las comunidades indíígenas pueden haber producido parcialmente estos resultados, y que las desilusiones por estas polííticas y la represióón estatal en Chiapas pueden explicar las diferentes actitudes entre los indíígenas encuestados.

The Present and Future Meaning of the State and the role of the Federal Constitutional Court — Interview

2001 ◽  
Vol 2 (9) ◽  
Author(s):  
Udo Di Fabio
Keyword(s):  
Social Sciences ◽  
The State ◽  
Constitutional Court ◽  
Nation State ◽  
Legislative Authority ◽  
Role Of The State ◽  
The Social ◽  
Legal Texts ◽  
Federal Constitutional

In this exclusive interview with Federal Constitutional Court Justice, Professor Udo Di Fabio, GLJ looks forward to some of the challenges the Court will face in next fifty years, especially the meaning for the Court of domestic (privatization) and international (europeanization) changes to the role of the nation state. The interview begins with an exploration of the nature and role of the Federal Constitutional Court in light of radical changes in the law as well as the social sciences. Justice Di Fabio also addresses the Court's narrow role as an interpreter of legal texts, noting that the Court performs this function while also exercising broader, quasi-legislative authority within a pluralistic and post-traditional society. The interview then turns to questions related to the role of the state and the traditional public structuring of societal authority as set against the general turn to societal self-structuring, especially in the context of the debate over the nature of the European Union's authority.

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