Conflict of Laws and the Return of Indigenous Peoples’ Cultural Property: A Latin American Perspective

2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Latin American ◽  
National Level ◽  
Cultural Property ◽  
Cultural Value ◽  
Property A ◽  
American Perspective ◽  
International Instruments ◽  
Conflict Of Law

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.

International Criminalization of Offences Relating to Cultural Property

2019 ◽  
pp. 18-24
Author(s):  
Danil Sergeev
Keyword(s):  
Cultural Values ◽  
Armed Conflict ◽  
Historical Review ◽  
Hague Convention ◽  
Cultural Property ◽  
Armed Conflicts ◽  
Cultural Value ◽  
Direct Connection ◽  
International Protection ◽  
International Instruments

The article evaluates current conditions of international criminalization of offences relating to cultural property and makes a brief historical review of developing international protection of cultural property and elaborating a corresponding notion. Having analyzed the international instruments, the author concludes that offences relating to cultural property may include deliberate seizure, appropriation, demolition as well as any other forms of destruction or damage to objects and items protected under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict committed during international and non-international armed conflicts. These offences do not include such possible acts toward universal cultural values committed either beyond any armed conflict or without direct connection with it. Taking the examples of destruction of Buddhas of Bamiyan, Nimrud, Palmyra, and mausoleums of Timbuktu, the author states that international criminalization of offences relating to cultural property is insufficient, because it does not encompass such cases when objects or items of cultural value are damaged or destroyed under the control of national administrations or with their knowledge.

scholarly journals Transformational development in a changing context: A Latin American perspective

2016 ◽  
Vol 72 (4) ◽  
Author(s):  
Angelique J.W.M. van Zeeland
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Latin American ◽  
Faith Based ◽  
Humanitarian Response ◽  
Civil Society Organisations ◽  
American Perspective ◽  
Development Context ◽  
Transformational Development ◽  
Human Rights Based Approach

This article analyses the challenges for the strategies and practices of transformational development in a changing context. This reflection is based on contributions received during the process of dialogues and regional consultations, realised from August 2012 until March 2014, of the ACT Alliance, an international coalition of churches and faith-based organisations (FBOs) working in the areas of humanitarian response, development and advocacy. The main processes that affect the changing development context are addressed, such as the ongoing globalisation as well as the consequences, mainly regarding the shrinking space for civil society. It discusses the concepts of human development and of transformational development, based on a people-centred development vision, a human rights-based approach and advocacy, which addresses the root causes and effects of poverty, inequality and injustice. Transformational development practices, from Latin America, are presented and analysed. The article concludes that the changing development context also offers opportunities, especially regarding regional and global alliances of FBOs, civil society organisations and of social movements.

Part I The UNDRIP’s Relationship to Existing International Law, Ch.3 Relationship to Human Rights, and Related International Instruments

2018 ◽  
Author(s):  
Scheinin Martin ◽  
Åhrén Mattias
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Indigenous Rights ◽  
Specific Reference ◽  
Political Rights ◽  
Rights Discourse ◽  
United Nations Declaration ◽  
Human Rights Norms ◽  
International Instruments

This chapter analyses how the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) fits within the broader picture of international legal instruments, with specific reference to related human rights norms. In many respects, the general approach the UNDRIP takes towards indigenous rights is natural. Largely from the very day indigenous peoples' representatives started to address the UN in order to claim recognition of and respect for their rights, the focus of such claims has been on allowing indigenous peoples the possibility to preserve, maintain, and develop their own distinct societies, existing side by side with the majority society. In other words, political rights — or sovereign rights — have always been at the forefront of the indigenous rights regime. In that way, indigenous peoples' rights distinguish themselves from those that apply to minority groups that are primarily individual rights. Thus, when placing emphasis on peoples' rights, the UNDRIP follows in the tradition of the indigenous rights discourse in general, as reflected in Article 3 of the Declaration.

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.

scholarly journals DO CORPO-TERRITÓRIO AO TERRITÓRIO-CORPO (DA TERRA): CONTRIBUIÇÕES DECOLONIAIS

GEOgraphia ◽  
2020 ◽  
Vol 22 (48) ◽  
Author(s):  
Rogério Haesbaert
Keyword(s):  
Indigenous Peoples ◽  
Latin American ◽  
The Body ◽  
American Perspective ◽  
The Earth ◽  
The Relationship

Resumo: Este artigo aborda a questão do território numa perspectiva latino-americana, analisando as principais contribuições a este debate a partir do pensamento decolonial, especialmente a relação entre corpo e território, tanto no sentido do corpo como território quanto do território/terra como corpo, especialmente na ótica dos povos originários e da visão feminista.Palavras chave: Corpo-território, território-corpo-terra, pensamento decolonial FROM BODY-TERRITORY TO TERRITORY BODY OF THE EARTH: DECOLONIALAbstract:This article addresses the issue of territory from a Latin American perspective, analyzing the main contributions to this debate from the perspective of decolonial thinking, especially the relationship between body and territory, both in the sense of the body as territory and of the territory / earth as body, especially from the perspective of indigenous peoples and the feminist view.Keywords: Body-territory, body-earth-territory, decolonial thinking. DEL CUERPO-TERRITORIO AL TERRITORIO-CUERPO (DE LA TIERRA): CONTRIBUCIONES DECOLONIALESResumen:Este artículo aborda el tema del territorio desde una perspectiva latinoamericana, analizando las principales contribuciones a este debate desde la aproximación del pensamiento decolonial, especialmente a partir de la relación entre el cuerpo y el territorio, tanto en el sentido del cuerpo como territorio como del territorio / tierra como cuerpo, especialmente desde la perspectiva de los pueblos indígenas y la visión feminista.Palabras-llave: Cuerpo-territorio, territorio-cuerpo-tierra, pensamiento decolonial. 

FULFILLING INTERNATIONAL COMMITMENTS TO END POVERTY

2021 ◽  
Vol 6 (9) ◽  
pp. 89-95
Author(s):  
Firuza Khamdamova ◽  
◽  
Zakhro Jurayeva ◽  
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Cooperation ◽  
Sustainable Development Goals ◽  
National Level ◽  
The Real ◽  
International Commitments ◽  
International Obligations ◽  
Development Goals ◽  
International Instruments

The article is devoted to the issues of international cooperation in order to eradicate poverty. Theauthors provide an overview of the relevant international instruments and mechanisms. The article examines the main measures recommended to states by international structures to eradicate poverty. Special attention is paid to the experience of Uzbekistan in solving these issues. The authors note that the eradication of poverty is one of the global goals of sustainable development and its achievement largely depends on the level of international cooperation. Along with this, the article emphasizes that the real causes of the problem of poverty should be sought at the national level, which necessitatestaking measures, first of all, at the national level.Keywords: poverty, misery, sustainable development goals, international cooperation, human rights, international obligations

scholarly journals Indigenous Peoples and Litigation: Strategies for Legal Empowerment

2020 ◽  
Vol 12 (2) ◽  
pp. 301-320
Author(s):  
Jérémie Gilbert*
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
National Level ◽  
Legal Rights ◽  
Human Rights Violations ◽  
Land Grabbing ◽  
Legal Empowerment ◽  
Political Will ◽  
General Lack

Abstract Across the globe indigenous peoples are increasingly using litigation to seek remedies for violation of their fundamental human rights. The rise of litigation is to be placed in the larger context of increased land grabbing, exploitation of natural resources, and the general lack of recognition of indigenous peoples’ rights at the national level. This lack of legal rights is usually coupled with a lack of political will to address the issues faced by indigenous peoples, often leading to serious human rights violations, leaving indigenous advocates with few options but to turn to courts as a last resort to seek remedies. This article examines some of the issues faced by indigenous peoples and their advocates when engaging in human rights litigation. The goal is to offer a practice-based reflection on the encounter between courts and indigenous peoples with a specific focus on analysing strategies to support indigenous peoples’ legal empowerment. This is particularly important knowing the technicalities, externalities and complexities of the process of litigation, and the fact that many decisions do not get implemented. In this context this article explores how the process of litigation in itself can support legal empowerment and the wider fight for justice.

Judicial Interpretation and Indigenous Peoples’ Rights to Lands, Participation and Consultation. The Inter-American Court of Human Rights’ Approach

2016 ◽  
Vol 23 (1) ◽  
pp. 39-79 ◽  
Author(s):  
Alejandro Fuentes
Keyword(s):  
Human Rights ◽  
Cultural Identity ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Latin American ◽  
Legal Analysis ◽  
Judicial Interpretation ◽  
Legal Standard ◽  
Communal Property ◽  
Scope Of Protection

This article proposes a critical legal analysis of the jurisprudence of the Inter-American Court of Human Rights regarding indigenous peoples’ rights to lands, participation, and consultation. It focuses on the role that cultural diversity as a legal standard has played in the recognition of the indigenous peoples’ right to consultation and participation in all matters that directly affect them, as a guarantee for the protection of their right to communal property and natural resources traditionally used, and for safeguarding their cultural identity. In analysing the jurisprudence of the Inter-American Court, special attention is paid to the interpretative methods applied by the regional tribunal, and to the manner in which a non-restrictive and ‘culturally friendly’ interpretation of conventionally protected human rights has contributed to the enlargement of their scope of protection, and to their enjoyment by one of the most marginalized and excluded sectors of Latin-American societies.

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