Socio-Legal Struggles for Indigenous Self-Determination in Latin America


Book Description

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.




Indigenous People and Poverty in Latin America


Book Description

Indigenous people constitute a large portion of Latin America's population and suffer from severe and widespread poverty. They are more likely than any other groups of a country's population to be poor. This study documents their socioeconomic situation and shows how it can be improved through changes in policy-influenced variables such as education. The authors review the literature of indigenous people around the world and provide a statistical overview of those in Latin America. Case studies profile the indigenous populations in Bolivia, Guatemala, Mexico and Peru, examining their distribution, education, income, labour force participation and differences in gender roles. A final chapter presents recommendations for conducting future research.




The Judicialization of Politics in Latin America


Book Description

During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.




Contesting Citizenship in Latin America


Book Description

Indigenous people in Latin America have mobilized in unprecedented ways - demanding recognition, equal protection, and subnational autonomy. These are remarkable developments in a region where ethnic cleavages were once universally described as weak. Recently, however, indigenous activists and elected officials have increasingly shaped national political deliberations. Deborah Yashar explains the contemporary and uneven emergence of Latin American indigenous movements - addressing both why indigenous identities have become politically salient in the contemporary period and why they have translated into significant political organizations in some places and not others. She argues that ethnic politics can best be explained through a comparative historical approach that analyzes three factors: changing citizenship regimes, social networks, and political associational space. Her argument provides insight into the fragility and unevenness of Latin America's third wave democracies and has broader implications for the ways in which we theorize the relationship between citizenship, states, identity, and social action.




Decolonization and Anti-colonial Praxis


Book Description

Decolonization and Anti-colonial Praxis presents research on contemporary forms of decolonization and anti-colonialism in practice. It pertains to the ways in which individuals, groups, and communities engage with the logic of epistemic colonial power within areas of citizenship, migration, education, Indigeneity, language, land struggle, and social work. The contributions in this edited volume empirically document the conceptual and bodily engagement of racialized and violated individuals and communities as they use anti-colonial principles to disrupt criminalizing institutional discourses and policies within various global imperial contexts. The terms ‘Decolonization’ and ‘Anti-colonialism’ are used in diverse and interdisciplinary academic perspectives. They are researched upon and elaborated in necessary ways in the theoretical literature, however, it is rare to see these principles employed in applied forms. Decolonization and Anti-colonial Praxis provides a much needed contemporary and representative reclamation of these concepts from the standpoint of racialized communities. It explores the frameworks and methods rooted in their indigeneity, cultural history and memories to imagine a new future. The research findings and methodological tools presented in this book will be of interdisciplinary interest to teachers, graduate students and researchers. Contributors are: Harriet Akanmori, Ayah Al Oballi, Sevgi Arslan, Jacqueline Benn-John, Lucy El-Sherif, Danielle Freitas, Pablo Isla Monsalve, Dionisio Nyaga, Hoda Samater, Rose Ann Torres, Umar Umangay, and Anila Zainub.




Indigenous Rights and Development


Book Description

The Arakmbut are an indigenous people in the southeastern Peruvian rain forest who have survived with their culture intact despite encounters with missionaries since the 1950s and a gold rush into their territory over the past 15 years. This final volume of the series looks at the growing consciousness among the Arakmbut of their own rights and the growing development of indigenous rights internationally, and describes the importance of the invisible spirit world in the Arakmbut legal system. Annotation copyrighted by Book News, Inc., Portland, OR




Constitutional Law and Politics of Secession


Book Description

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.




Indigenous Heritage and Self-determination


Book Description

The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.




Multiple InJustices


Book Description

R. Aída Hernández Castillo synthesizes twenty-four years of research and activism among indigenous women's organizations in Latin America, offering a critical new contribution to the field of activist anthropology and for anyone interested in social justice.




The Oxford Handbook of International Law and Development


Book Description

Since the mid-twentieth century, 'international law' and 'international development' have become two of the most prominent secular languages through which aspirations about a better world are articulated.. They have shaped the both the treatment and self-understanding of the 'developing' world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being. Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today's profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures. Offering a unique overview of the field of international law and development and assembling major critical, historical, and political economic insights, this Handbook is an unmissable resource for scholars of international law, international relations, development studies, and global history, as well as anyone interested in the past, present, and future of our world.