Guaranteeing indigenous people's rights in Latin America. Progress in the past decade and remaining challenges. Summary (original) (raw)
Related papers
In the last few decades, recognition of indigenous peoples‘ rights in Latin American constitutions has undergone a vertiginous evolution. For many years, legal systems of Latin America ignored, excluded, assimilated, and repressed indigenous peoples. This article explains the diversity of recognition of indigenous peoples‘ rights in the constitutions of fifteen Latin American countries. Moreover, it describes, analyzes, and compares the constitutional norms currently in force in Argentina, Bolivia, Brazil, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, México, Nicaragua, Panama, Paraguay, Peru, and Venezuela. In order to illustrate the specificities of Latin American constitutionalism in this area, we have decided to select eight key topics: (1) indigenous peoples, (2) cultural diversity, (3) self-determination, (4) political participation, (5) lands, territories, and natural resources, (6) indigenous languages, (7) intercultural bilingual education, and (8) customary indigenous law. With respect to each of these topics, a theoretical framework is provided for a more precise conceptual understanding – as well as a detailed analysis of the expressed recognition of these variables within the current 15 constitutions in force today. Aside from recognizing the normative heterogeneity that exists in the region, the final section of this article puts forward a typology that leads to classify Latin American constitutions according to their levels of formal recognition of indigenous peoples and their rights. This research was originally undertaken in order to promote a constitutional recognition of indigenous peoples in the Chilean Constitution. Nonetheless, the findings of this investigation could also be valuable as supporting material for debates that occur in other countries in the region or in other regions. In order to make it possible to learn from comparative experiences, it is important to keep in mind the consensus reached by the international community on indigenous peoples‘ rights. For instance, the Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries adopted by the International Labor Organization (1989) (hereinafter ILO Convention No. 169), the United Nations‘ Declaration on the Rights of Indigenous Peoples (2007) (hereinafter DRIPs), and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) (hereinafter UNESCO Convention 2005) adopted by the United Nations Economic, Social, and Cultural Organization (hereinafter UNESCO), as well as other international instruments that seek to inform and guide domestic legal order. In effect, non-discrimination, self-determination, cultural integrity, property, use, control and access to lands, territories, and resources, development and social well-being, and participation are the essential elements of the international standard for indigenous peoples‘ rights.
Adelfo Regino & Gustavo Torres - The United Nations Declaration on the Rights of Indigenous Peoples: the Foundation of a New Relationship between Inidgenous Peoples, States and Societies, 2009
With the adoption of the UN Declaration on the Rights of Indigenous Peoples (the Declaration), first in the Human Rights Council (29 June 2006) and subsequently in the UN General Assembly (UNGA) on 13 September 2007, indigenous peoples the world over have taken an enormously significant step along the long path of demanding and defending their individual and collective rights. It is an historic step that will form the basis of a new relationship between indigenous peoples and the states and societies within which they live and with which they co-exist on a day-to-day basis.
Cristiana Fiamingo (ed.), Problems and progress in land, water and resources rights at the beginning of the third millenium, 2016
This chapter aims to give an overview on the right(s) to land of indigenous peoples in Latin America. Firstly, it shortly discusses why the right(s) to land is of the utmost importance for indigenous peoples, what it signifies for them and its multiple natures. Secondly, the international protection system of such right is presented. Nowadays there is a wide range of international actors that monitor and pledge to safeguard indigenous rights, and thus, their right(s) to land. General human rights instruments may also guarantee indigenous rights. However, there are two instruments of international law that specifically protect the rights of indigenous peoples, namely the International Labour Organization’s Convention No.169 of 1989 (“Convention concerning Indigenous and Tribal Peoples in Independent Countries”), and the United Nations Declarations on the Rights of Indigenous Peoples of 2007. Hence, the provisions regarding the right(s) to land of indigenous peoples through these instruments are discussed. These apparatuses provide indigenous peoples with a number of relevant rights and set the standard for their protection, however, their implementation is left up to the State. The majority of the Latin American countries fail to apply the rights contained in the two above-mentioned international instruments, as well as their own Constitutions. This has caused, and continues to cause, land disputes in which indigenous peoples are often not in the position to protect their right(s) to land due to a set of causes that will be explored. Due to the failure of the States to comply with their obligations, indigenous peoples have resorted to taking their cases before domestic and international (human rights) courts. In particular, the Inter-American Court of Human Rights started creating interesting and evolving jurisprudence since 2001 regarding the right(s) to land of indigenous peoples. A number of landmark decisions of the Court are thus illustrated. The paper finalizes with some conclusions and recommendations. As required by the conference, , this paper attempts to highlight the potential role of the European Union to ensure a proper application of indigenous land right(s) in Latin America, and to draw on these lessons for the European context.
2017
This paper will explain about how indigenous people as minority group receive their recognition and accommodation by government, especially in implementation of international norm that pertains to indigenous peoples and recognized in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and Convention ILO 169. This paper will explore the issue in Latin Amerika region. To achieve the objective of this paper, author will explain in two main themes: First, the development of the political participation indigenous people in Latin American states. Second, the rights of indigenous people to their ancestral land through international norm FPIC (Free, Prior, and Informed Consent) that adopted in Latin America states. I argue that the development of indigenous people rights to their land in Latin America is supported by political participation of indigenous people in the government system in Latin America states. Keywords: indigenous people rights; international norm; L...
Social Science Research Network, 2006
The article gives an overview of the current status of human rights and poverty in the context of the contemporary struggles of indigenous peoples. It aims to describe the framework of indigenous rights as constituted by, and constitutive of, the relationship between legal processes at the international, regional and national levels. The article also makes links to broader issues such as the racial, ethnic, linguistic and cultural human rights instruments, as well as to the important linkage to international poverty law. It outlines the current status of international legal protection for indigenous peoples before giving different cases in which these legal mechanisms have been used and questioned at the regional and national levels. The article concludes by arguing that indigenous rights standards play an important role in terms of serving as 'ceilings' or 'floors' between which indigenous movements and supporting NGOs can mobilize and find a legal framework to form their case.