Socio Legal Struggles For Indigenous Self Determination In Latin America

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 deals with the perennial tensions between ethnic groups and the modern nation-state and does so from the perspective of a leading Mexican anthropologist with deep and long experience in these matters. As such, it is both a superb introduction to the basic issues and a presentation of the author's own original contributions. The appearance of this book in English gives North American readers access to these important and political currents in Latin American anthropology and political economy. It is required reading for anyone wishing to understand the current recrudescence of indigenous peoples at this moment in history?when conventional wisdom had predicted its demise.

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 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.

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.

"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.

The efforts of Indians in Latin America have gained momentum and garnered increasing attention in the last decade as they claim rights to their land and demand full participation in the political process. This issue is of rising importance as ecological concerns and autochtonous movements gain a foothold in Latin America, transforming the political landscape into one in which multiethnic democracies hold sway. In some cases, these movements have led to violent outbursts that severely affected some nations, such as the 1992 and 1994 Indian uprisings in Ecuador. In most cases, however, grassroots efforts have realized success without bloodshed. An Aymara Indian, head of an indigenous-rights political party, became Vice President of Bolivia. Brazilian lands are being set aside for indigenous groups not as traditional reservations where the government attempts to 'civilize' the hunters and gatherers, but where the government serves only to keep loggers, gold miners, and other interlopers out of tribal lands. Contemporary Indigenous Movements in Latin America is a collection of essays compiled by Professor Erick D. Langer that brings together-for the first time-contributions on indigenous movements throughout Latin America from all regions. Focusing on the 1990s, Professor Langer illustrates the range and increasing significance of the Indian movements in Latin America. The volume addresses the ways in which Indians have confronted the political, social, and economic problems they face today, and shows the diversity of the movements, both in lowlands and in highlands, tribal peoples, and peasants. The book presents an analytical overview of these movements, as well as a vision of how and why they have become so important in the late twentieth century. Contemporary Indigenous Movements in Latin America is important for those interested in Latin American studies, including Latin American civilization, Latin American anthropology, contemporary issues in Latin America, and ethnic studies.

Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences. Conceiving indigenous rights as cultural rights, Engle argues, has largely displaced or deferred many of the economic and political issues that initially motivated much indigenous advocacy. She contends that by asserting static, essentialized notions of indigenous culture, indigenous rights advocates have often made concessions that threaten to exclude many claimants, force others into norms of cultural cohesion, and limit indigenous economic, political, and territorial autonomy. Engle explores one use of the right to culture outside the context of indigenous rights, through a discussion of a 1993 Colombian law granting collective land title to certain Afro-descendant communities. Following the aspirations for and disappointments in this law, Engle cautions advocates for marginalized communities against learning the wrong lessons from the recent struggles of indigenous peoples at the international level.