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Reconciling Indigenous Peoples' Individual and Collective Rights - Participation, Prior Consultation and Self-Determination in Latin America (Paperback)
Loot Price: R1,424
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Reconciling Indigenous Peoples' Individual and Collective Rights - Participation, Prior Consultation and Self-Determination in Latin America (Paperback)
Series: Indigenous Peoples and the Law
Expected to ship within 10 - 15 working days
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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.
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