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This book is an interdisciplinary study of struggles for indigenous self-determination and the recognition of indigenous’ territorial rights in Latin America. Studies of indigenous peoples’ opposition to extractive industries have tended to focus on its economic, political or social aspects, as if these were discrete dimensions of the conflict. In contrast, this book offers a comprehensive and interdisciplinary understanding of the tensions between indigenous peoples’ territorial rights and the governance of extractive industries and related state developmental policies. Analysing the contentious process pushed by indigenous peoples for implementing pluri-nationality against extractive projects and pro-extractive policies, the book compares the struggle for territorial rights in Bolivia, Ecuador and Peru. Centrally, it argues that indigenous territorial defenses against the extractive industries articulate a politics of self-determination that challenges coloniality as the foundation of the nation-state. The resource governance of the nation-state assumes that indigenous peoples must be integrated or assimilated within multicultural arrangements as ethnic minorities with proprietary entitlements, so they can participate in the benefits of development. As the struggle for indigenous self-determination in Latin America maintains that indigenous peoples must not be considered as ethnic communities with property rights, but as nations with territorial rights, this book argues that it offers a radical re-imagination of politics, development, and constitutional arrangements. Drawing on detailed case studies, this book’s multidisciplinary account of indigenous movements in Latin America will appeal to those with relevant interests in politics, law, sociology and development studies.
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
"This book examines the struggle for indigenous rights in seven Latin American countries. Initial studies of indigenous movements celebrated the return of the Indians as relevant political actors, often approaching their struggles as expressions of a common, generic agenda. This collection moves the debate forward by acknowledging the extraordinary diversity among the movements' composition, goals, and strategies. By focusing on the factors that shape this diversity, the authors offer a basis for understanding the specificities of converging and diverging patterns across different countries. The volume concludes that the Indian struggles are having a direct impact on the character of democracy, and in the process contribute to the redefinition of Latin American societies as multicultural."--BOOK JACKET.
International norms widely recognize the Indigenous right to self-determination by which Indigenous peoples define and purse their collective aspirations. Nevertheless, as progressive as legal frameworks might appear, in reality, few Indigenous communities enjoy this right and most remain vulnerable and disempowered. Activists blame Latin America's extractivist economies, while governments argue that extractive revenues are necessary to improve Indigenous life. Far from presenting a unified position, rural Indigenous peoples are most often divided over extractive industries. To assess how Indigenous self-determination has progressed, and the role that extractivism plays in this, this Element examines six Indigenous communities in Mexico, Bolivia, and Peru with contrasting experiences of extractive projects. It finds that the Indigenous ability to use favorable legislation in conjunction with available economic resources shapes different self-determination outcomes. Finally, it assesses Indigenous possibilities for self-determination in the light of environmental activism and discourses on Buen Vivir.
The last two decades have witnessed two political transformations that have deeply affected the lives of the indigenous peoples of Latin America. First, a discourse on indigeneity has emerged that links local struggles across the continent with transnational movements whose core issues are racism and political and cultural rights. Second, recent constitutional reforms in several countries recognize the multicultural character of Latin American countries and the legal pluralism that necessarily follows. Multiple InJustices synthesizes R. Aída Hernández Castillo’s twenty-four years of activism and research among indigenous women’s organizations in Latin America. As both feminist and critical anthropologist, Hernández Castillo analyzes the context of legal pluralism wherein the indigenous women of Mexico, Guatemala, and Colombia struggle for justice. Through ethnographical research in community, state, and international justice, she reflects on the possibilities and limitations of customary, national, and international law for indigenous women. Colonialism, racism, and patriarchal violence have been fundamental elements for the reproduction of capitalism, Hernández Castillo asserts. Only a social policy that offers economic alternatives based on distribution of wealth and a real recognition of cultural and political rights of indigenous peoples can counter the damage of outside forces such as drug cartels on indigenous lands. She concludes that the theories of indigenous women on culture, tradition, and gender equity—as expressed in political documents, event reports, public discourse, and their intellectual writings—are key factors in the decolonization of Latin American feminisms and social justice for all.
Autonomy and ethnic rights
On the occasion of the 80th birthday of Rodolfo Stavenhagen, a distinguished Mexican sociologist and professor emeritus of El Colegio de Mexico, Úrsula Oswald Spring (UNAM/CRIM, Mexico) introduces him as a Pioneer on Indigenous Rights due to his research on human rights issues, especially when he served as United Nations Special Rapporteur on the rights of indigenous peoples. First, in a retrospective Stavenhagen reviews his scientific and political work for the rights of indigenous peoples. Seven of his classic texts address Seven Fallacies about Latin America (1965); Decolonializing Applied Social Sciences (1971); Ethnodevelopment: A Neglected Dimension in Development Thinking (1986); Human Rights and Wrongs: A Place for Anthropologists? (1998); Indigenous Peoples and the State in Latin America: An Ongoing Debate (2000); Building Intercultural Citizenship through Education: A Human Rights Approach (2006); and Making the Declaration Work (2006). This volume discusses the emergence of indigenous peoples as new social and political actors at the national level in numerous countries, as well as on the international scene. This book introduces a trilogy of Briefs on Rodolfo Stavenhagen published in the same series Pioneers in Science and Practice.
Latin America is a region with high levels of recognition for Indigenous collective rights. Still, legal protections differ considerably among countries. Why do some countries in Latin America have a strong recognition of collective rights for Indigenous people while others do not? What are the factors that help enhance the presence of collective rights? The author argues that while Indigenous social movements are crucial to the protection of Indigenous rights, they are not enough. The recognition of these rights is influenced by organizational factors (such as coalitions between Indigenous peoples and non-Indigenous allies) as well as institutional conditions (including constitutional replacement and party systems). By employing qualitative comparative analysis (QCA) and case studies from Bolivia, Chile, Colombia, Ecuador, Guatemala, Mexico, and Peru, this book explores the ways various elements combine to create conditions for a variety of collective rights.
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups 'in between', different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples' right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
"This book spans more than 30 years of history, the same three decades in which indigenous sovereignty' emerged from five centuries of banishment as an unauthorized and unspeakable taboo to become a major topic of national political contention. Varese is both the author of this fascinating chronicle and a key actor in the very process and transformations that he narrates. The arenas of these political practices have an impressive scope: denouncement in international forums of repression against indigenous peoples; work on international legal instruments for indigenous rights; a pioneering land titling program for indigenous communities in the Peruvian Amazon; innovative bilingual-transcultural education and cultural worker' training in Oaxaca; work with transnational organizations of indigenous immigrants in California. This book also breaks ground theoretically, by offering a creative fusion of a political economy' analytical frame with ethnography sensitive to the meaning, premises, politics and imaginaries of indigenous peoples' cultural production and resources--what might be called indigenous hermeneutics. This book allows the reader to become a witness to sovereignty, by following Varese's 30-year odyssey of politically engaged scholarship on and with indigenous movements of Latin America." --Charles R. Hale, University of Texas, Austin, President, Latin American Studies Association Stefano Varese is a Peruvian anthropologist with many years' experience in Peru's Amazonian region, southeastern Mexico, Central America, and the trans-border region of Mexico and California. His publications include Salt of the Mountain, Indgenas y Educacin en Mxico, Proyectos Etnicos y Proyectos Nacionales, Pueblos indios, soberana y globalismo, and La Ruta Mixteca. Varese is currently professor and chair of the Department of Native American Studies at the University of California, Davis and director of the Indigenous Research Centers of the Americas at UC Davis.