A fruitless attempt towards plurinationality and decolonization? Perplexities in the creation of indigenous territorial autonomies in Bolivia

2019 ◽  
Vol 52 (1) ◽  
pp. 67-89
Author(s):  
Franziska Englert ◽  
Jonathan Schaub-Englert
Keyword(s):  
Latin America ◽  
International Law ◽  
Indigenous Peoples ◽  
Political Party ◽  
Implementation Process ◽  
Legal Framework ◽  
The State ◽  
Indigenous Culture ◽  
Trade Off ◽  
The Sacrifice

The new Andean constitutionalism centred around the concepts of plurinationality and decolonization tackles centuries of indigenous subordination and strives for the revaluation of indigenous culture. Territorial autonomy is currently considered a pivotal aspect of materializing these concepts and constitutes one of the most pressing demands of indigenous peoples in Latin America. The revolutionary Bolivian Constitution of 2009 is among the first to offer ways of establishing indigenous territorial autonomies as a form of sub-state territorial authority. Given the legal framework and the fact that three indigenous territorial autonomies (AIOCs) were officially created, Bolivia can be seen as the country with the most advanced conceptualization of indigenous territorial autonomies in Latin America. A closer look at the legal, cultural and administrative realities in Bolivia, however, reveals a different picture. By analyzing national and international law, indigenous cosmovisión and policies for implementation, this article points out six multi-layered perplexities regarding indigenous territorial autonomy, namely (1) the AOICs’ inherent subordination to the State, (2) the irreconcilability of the AIOC-system with indigenous ancestral practices, (3) the hierarchization within demodiversity, (4) the sacrifice of indigenous interests for neo-extractivism, (5) the obstruction of the implementation process by the State and (6) the possible trade-off between de jure and de facto autonomy. We argue that the Bolivian States’ self-imposed objective of overcoming colonialism and establishing plurinationality through AIOCs is not fulfilled. While some of the perplexities identified in Bolivia are clearly related to the MAS’ political-party interests, others have a conceptual and more abstract nature rooted in the contradiction of overcoming colonialism through the State. These findings might also be of importance for decolonization processes in other countries, such as Ecuador.

Indigenous Political Representation in Latin America

2017 ◽  
Author(s):  
Roberta Rice
Keyword(s):  
Social Movements ◽  
Latin America ◽  
Civil Society ◽  
Indigenous Peoples ◽  
Latin American ◽  
Political System ◽  
Political Representation ◽  
The State ◽  
The Political ◽  
Indigenous Movements

Indigenous peoples have become important social and political actors in contemporary Latin America. The politicization of ethnic identities in the region has divided analysts into those who view it as a threat to democratic stability versus those who welcome it as an opportunity to improve the quality of democracy. Throughout much of Latin America’s history, Indigenous peoples’ demands have been oppressed, ignored, and silenced. Latin American states did not just exclude Indigenous peoples’ interests; they were built in opposition to or even against them. The shift to democracy in the 1980s presented Indigenous groups with a dilemma: to participate in elections and submit themselves to the rules of a largely alien political system that had long served as an instrument of their domination or seek a measure of representation through social movements while putting pressure on the political system from the outside. In a handful of countries, most notably Bolivia and Ecuador, Indigenous movements have successfully overcome this tension by forming their own political parties and contesting elections on their own terms. The emergence of Indigenous peoples’ movements and parties has opened up new spaces for collective action and transformed the relationship between Indigenous peoples and the state. Indigenous movements have reinvigorated Latin America’s democracies. The political exclusion of Indigenous peoples, especially in countries with substantial Indigenous populations, has undoubtedly contributed to the weakness of party systems and the lack of accountability, representation, and responsiveness of democracies in the region. In Bolivia, the election of the country’s first Indigenous president, Evo Morales (2006–present) of the Movement toward Socialism (MAS) party, has resulted in new forms of political participation that are, at least in part, inspired by Indigenous traditions. A principal consequence of the broadening of the democratic process is that Indigenous activists are no longer forced to choose between party politics and social movements. Instead, participatory mechanisms allow civil society actors and their organizations to increasingly become a part of the state. New forms of civil society participation such as Indigenous self-rule broaden and deepen democracy by making it more inclusive and government more responsive and representative. Indigenous political representation is democratizing democracy in the region by pushing the limits of representative democracy in some of the most challenging socio-economic and institutional environments.

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 State of Israel and the Apartheid Regime of South Africa in Comparative Perspective

2008 ◽  
Vol 7 (2) ◽  
pp. 201-212 ◽  
Author(s):  
Bernard Regan
Keyword(s):  
South Africa ◽  
Indigenous Peoples ◽  
Legal Framework ◽  
The State ◽  
Comparative Perspective ◽  
Legal Structure ◽  
Occupied Territories ◽  
Apartheid Regime ◽  
Nationalist Government ◽  
State Of Israel

With increasing frequency comparisons are being drawn between the situation of the Palestinian people both in the Occupied Territories and inside Israel with the system of Apartheid imposed on the indigenous peoples of South Africa by the Nationalist Government in 1948. The object of this essay is to explore the analogy and test its merits and shortcomings. The essay explores the legal structure of the Apartheid system and compares it to that of the state of Israel and the legal framework under which Palestinians live in the occupied territories. It concludes that whilst the term Apartheid might seem attractive and adequate for descriptive purposes rendering the plight of the Palestinians more familiar ultimately there is a gap between the appearance and reality of the two experiences.

State Protection and Safety of Participants in Russian Criminal Proceedings

2016 ◽  
Vol 8 (1) ◽  
pp. 283-291 ◽  
Author(s):  
Oleg Aleksandrovich Zaytsev ◽  
Aleksandr Jurevich Yepihin
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Implementation Process ◽  
The State ◽  
Criminal Proceedings ◽  
Protection Measures ◽  
Adequate Funding ◽  
The Individual ◽  
Protection Of Participants ◽  
State Protection

International law is a powerful generator of factors for the creation of criminal procedure security system. However, the mechanism of implementation of international law in national, Russian legislation causes certain difficulties. The problem is the imperfection of regulating the implementation process of international law within a particular state. The institute of public protection and safety of participants in the Russian criminal proceedings is now sufficiently developed. However, it is no longer possible to investigate effectively the problems in law enforcement within the same branch of jurisprudence, such as criminal proceedings. It is absolutely necessary to obtain knowledge from related areas of law, as well as from other disciplines (e.g., psychology, conflict resolution). Also positive examples of implementation of the state protection and ensure the safety of persons, used by some foreign countries are highly required in the Russian legislation and law enforcement practice. At present, the accumulation of a sufficient number of laws and legal acts can be observed which regulate the state protection of participants of the Russian criminal process. Improved security of the individual in criminal proceedings is directly related to the cross-sectoral research; generalization of positive examples of law enforcement practices; sufficient methodological support for law enforcers (investigators, prosecutors and judges); adequate funding of state protection measures.

scholarly journals Realizing Indigenous Rights in the Context of Extractive Imperialism:

2019 ◽  
Vol 12 (1) ◽  
pp. 46-59
Author(s):  
Terry Mitchell
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Latin America ◽  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Economic Disparities ◽  
Resource Governance ◽  
United Nations Declaration ◽  
Domestic Law

Canada’s reputation as a global champion of human rights has been tarnished by the revelation of the enduring colonial impact and social and economic disparities endured by Indigenous peoples within Canada. While Canada has a strong legal framework for Indigenous rights, its significant and enduring policy and implementation failures are increasingly recognised by both domestic and international bodies. This article addresses Canada’s shifting yet fledgling progress towards the harmonisation of Canadian domestic law and the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. The pathway to reconciliation and sustainable development for Canada is discussed as rights-based resource governance in contrast to Canada’s current imposition of extractive imperialism in both Canada and Latin America.

scholarly journals The Institute of the Ombudsman for the Rights of Indigenous Peoples in the Constituent Entities of the Russian Federation: Main Directions for Improvement

2019 ◽  
pp. 63-70
Author(s):  
О. V. Kolesnikova
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Russian Federation ◽  
Legal Status ◽  
Practical Importance ◽  
Legal Framework ◽  
The State ◽  
The Russian Federation ◽  
Regional Budgets ◽  
Rule Making

The paper has investigated the human rights activities of the State authorities of the constituent entities of the Russian Federation in the context of small indigenous peoples as persons having constitutional and legal status and a higher level of guarantees than ordinary citizens have because of their paucity. The author questions the independence of local laws from the State authorities of the constituent entities of Russian Federation using comparative analysis of regional laws of the Republics of Buryatia, Sakha (Yakutia), Kamchatka and Krasnoyarsk Regions with regard to appointment of ombudsmen to their offices, remuneration and financial support from regional budgets. The circumstances under consideration together with the lack of uniform approaches to the scope and nature of the functional instruments of authorized persons have served as the basis for the development of recommendations to coordinate their activities, to adjust the legal framework of the constituent entities of the Russian Federation in terms of requirements for applicants, and the scope of powers assigned to enforce human rights potential that are of practical importance and can be used by the authorities in in their rule-making work.

scholarly journals Dois pesos, duas medidas: a aplicação da necessidade e da proporcionalidade no jus ad bellum

2019 ◽  
Vol 1 (41) ◽  
Author(s):  
Julia Macedo ◽  
Marinês Assmann
Keyword(s):  
International Law ◽  
Legal Framework ◽  
The State ◽  
Customary Law ◽  
Primary Role ◽  
Armed Attack ◽  
Customary International Law ◽  
Self Defense ◽  
Current State ◽  
The Right

RESUMOEstabelecido no artigo 51 da Carta das Nações Unidas, o direito à legítima defesa não é absoluto, devendo o Estado-vítima de ataque armado respeitar os requisitos pré-determinados pela estrutura legal internacional. Os princípios da necessidade e proporcionalidade da defesa exercem função primordial nesse sentido, uma vez que, segundo o direito costumeiro internacional, o Estado deve conformar sua conduta a eles. O presente trabalho tem por objetivo estabelecer o atual estado da arte no que respeita à necessidade e à proporcionalidade, como limitadoras do direito à legítima defesa no direito internacional público. Os mencionados princípios, apesar de bem consolidados e de fazerem parte do direito consuetudinário internacional, não têm seus contornos bem delimitados, causando discordâncias entre a prática estatal e a doutrina. PALAVRAS-CHAVEDireito internacional público. Legítima defesa. Necessidade. Proporcionalidade. ABSTRACTThe right to self-defense, established in the article 51 of the Charter of the United Nations, is not absolute, and the State victimized by an armed attack must comply with the requirements determined by the international legal framework. In this sense, the principles of necessity and proportionality of the defense play a primary role since, according to customary international law, the State must shape its conduct to these principles. The present work aims to outline the current state of the art of necessity and proportionality as limits to the right to self-defense in public international law. These principles, although well-established and part of international customary law, do not have their boundaries well-defined, causing disagreements between State practices and doctrine. KEYWORDSPublic international law. Self-defense. Necessity. Proportionality.

La Démocratie Radicale dans les Discours Légaux Contemporains au Rojava au Cœur de la ‘Crise’ Syrienne

2019 ◽  
pp. 240-252
Author(s):  
Zeynep Kıvılcım
Keyword(s):  
International Law ◽  
Gender Equality ◽  
Social Contract ◽  
Legal Framework ◽  
Radical Democracy ◽  
The State ◽  
Self Determination ◽  
Administrative Structure ◽  
Gender Perspective ◽  
Public International Law

Narratives of the crisis in Syria seem unable to envisage a process for the construction of a space for radical democracy in Rojava (Syrian Kurdistan). The Constitution of Rojava, as well as the Women’s Law adopted in 2014, establish the legal framework for gender equality within every administrative structure. ‘Democratic confederalism’ for Rojava provides us with a novel conception of the internal legitimacy of the state which differs considerably from that adopted by public international law, the latter being rooted in liberal social contract theory. It is also difficult to adapt the international law theory of sovereignty to the radical democracy without a state in the case of Rojava. This chapter sets out a novel conception of the internal legitimacy of the state in the cantons of Rojava from a gender perspective. The aim is to provide a gendered analysis of the realization of the principle of self-determination and to interrogate the new modes of sovereignty offered by radical democracy.

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