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Spotlight on Publications - Indigenous and Ethnic Minority Rights

Spotlight on Publications - Indigenous and Ethnic Minority Rights

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Published by: Fundar, Centro de Análisis e Investigación on Jun 19, 2013
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ELLA AREA:GOVERNANCE|ELLA THEME: INDIGENOUS AND ETHNIC MINORITY RIGHTS
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ELLA Area: GovernanceELLA Theme: Indigenous and Ethnic Minority Rights
Spotlight on on Knowledge
Indigenous and ethnic minorities are recognised under internationallaw as a collective group with a shared identiy and specic rights thatgovernments should protect and guarantee via national rameworksand innovative public policies. The publications presented in thisSpotlight cover some o the key issues related to indigenous andethnic minority rights in Latin America, with a particular ocus on: theevolution and character oindigenous movements;ethnic minority  rights;legal reormsor ormally recognising collective rights; intercultural education policies; andaccess to justice.
SPOTLIGHT ON PUBLICATIONS:INDIGENOUS AND ETHNICMINORITY RIGHTS
INDIGENOUS MOVEMENTS IN LATIN AMERICA
The indigenous movement in Latin America has been characterised by demands or sel-identity and governmentrecognition o collective rights. In this article, the author argues that a combination o actors including the transition todemocracy, new political rules, a worldwide network o indigenous protests and regional advocacy networks, and thepresence o certain allies like the let-wing church and local anthropologists, serves to explain the emergence o a visibleand inuential indigenous movement in the Latin American region.
Full citation: Salvador, M. P. 2010. The Emergence o Indigenous Movements in Latin America and their Impact on the Latin AmericanPolitical Scene.
Latin American Perspectives 
37(6) 74-92.
This report describes the dierent roles played by indigenous peoples throughout Latin American history. From representingalmost 90% o the total regional population, European colonisation and control policies quickly turned indigenous peoplesinto a minority group. More recently, however, regional actors such the emergence o a letist movement seeking topromote changes within the church and political parties, the activism o civil society movements and, later on, transitionsto democracy have all been key in inspiring the organisation o indigenous movements. From being marginalisedactors, indigenous people in the region have organised into a collective group to gain political ground and the ormalacknowledgement o collective rights. Currently, claims or sel-determination and autonomy by indigenous groups wantingto exercise a dierent kind o citizenship are controversial issues being debated within Latin American governments.
Full citation: Salinas de Dosch, A.L. 2012.
Understanding Latin America Indigenous Movements: From Marginalisation to Sel- determination and Autonomy? 
Paper prepared or the 3rd International Seminar and Workshop on Latin American and Asian Studiesheld by the Institute or Occidental Studies. University Kebangsaan Malasya.
 
ELLA AREA:GOVERNANCE|ELLA THEME: INDIGENOUS AND ETHNIC MINORITY RIGHTS
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ETHNIC MINORITY RIGHTS
The author o this article argues that the historic demand o indigenous peoples or government recognition within abroader concept o citizenship has been successully addressed, since many Latin American governments have nowdeveloped national rameworks that ormally recognise collective rights. Yet these achievements do not benet Aro-descendants who represent a large community in some Latin American countries. By exploring the challenges acedby Aro-descendants, in particular in relation to gaining ofcial recognition as an ethnic minority with particular humanrights, the article demonstrates that Aro-descendant organisations have played a key role in the emergence o a specicregime protecting their rights. Moreover, the activism o these organisations beore regional human rights courts hasresulted in new guidelines on government obligations towards ethnic and minority groups in terms o access to land,sel-government and human rights.
Full citation: Leonardo, R. 2008. The Human Rights Protection Regime or Aro-Descendants: The Case o Latin America and theCaribbean.
Revista de Relaciones Internacionales, Estrategias y Seguridad 
3.
In Latin America almost 30% o the population is Aro-descendant. Yet this community continues to live in conditionso poverty, suers discrimination and is oten excluded rom development projects and social initiatives because itsmembers are still largely invisible to governments and societies. This report represents the rst attempt to analyse thesituation o Arican descendants in Latin America, describing their social and economic conditions, their access to humanrights and the measures adopted by Latin American governments to support them. The Inter-American Commission onHuman Rights calls upon governments to implement measures to combat structural discrimination and racism in orderto ull their obligations to protect, deend and guarantee Aro-descendant rights, and especially to ensure access toeective judicial mechanisms. The Inter-American Commission also recommends coordinating eorts with civil societyorganisations (CSOs) in order to empower Arican descendants and to increase awareness o their rights.
Full citation: Inter-American Commission on Human Rights. 2011.
The Situation o People o Arican Descent in the Americas 
. OEASer.L/V/II.Doc.62. Inter-American Commission on Human Rights, Washington, DC.
LEGAL REFORMS
This document compares 15 constitutions - rom Argentina, Bolivia, Brazil, Colombia, Costa Rica, Ecuador, El Salvador,Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru and Venezuela - to identiy how the rights o indigenouspeople have been ormally recognised in dierent contexts. This analysis oers the reader guidelines on how issuessuch as cultural diversity, sel-determination, political participation, access to land and natural resources, indigenouslanguages, intercultural public policy and customary indigenous law can be protected through national legal rameworks.
Full citation: Aguilar, G., Laosse, S., Rojas, H. and Steward, R. 2010. The Constitutional Recognition o Indigenous Peoples in LatinAmerica.
Pace International Review Online Companion 
2(2) 44-96.
 
ELLA AREA:GOVERNANCE|ELLA THEME: INDIGENOUS AND ETHNIC MINORITY RIGHTS
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The author o this essay examines whether constitutional reorms in Latin America have in act consolidated democracy andled to improvements in the political and socio-economic situation o indigenous people. By ocusing on three specic caseso constitutional reorm in Ecuador, Peru and Venezuela, the author shows that even when strong and visible indigenousorganisations have inuenced processes o constitutional reorm, this has not necessary led to the ull realisation oindigenous rights. The country case studies also demonstrate that constitutional reorms were most successul whenlocal actors advocated or their implementation at the local level.
Full citation: Laura, G. 2006.
Empty Promises or Impulses or Progress? Constitutional Reorm and the Rights o Indigenous Peoples in Latin America 
. Senior Comprehensive Exercise, Carleton College.
This document assesses the rights o indigenous and tribal peoples over their territories, lands and natural resourcesbased on three Rapporteurships on the Rights o Indigenous Peoples carried out by the Inter-American System. Analysinglegal interpretations used by the Inter-American Commission on Human Rights and the Inter-American Court o HumanRights, the report discusses the challenges o and progress towards the eective realisation o human rights by indigenouspeoples in the region. This publication provides a useul guide to the scope and content o collective rights protected byregional instruments in Latin America.
Full citation: Inter-American Commission on Human Rights. 2009.
Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural Resources 
. Inter-American Commission on Human Rights, Washington, DC.
During the transition to democracy, many Latin American countries pushed orward reorms that reect the norms o a newpolitical regime inspired by human rights and the ormal acknowledgement o multiculturalism. This article presents anoverview o three dierent pathways taken by Latin American countries to incorporate multiculturalism into their nationalconstitutions and protect language rights. Firstly, in Brazil a new constitution was created which ormally recognises thepluricultural character o the country. Second, the author draws our attention to Bolivia where the constitutional protection olanguage rights has helped to strengthen indigenous peoples’ sel-identity. Third, by translating the constitution into sevennative languages, the Government o Colombia has attempted to make the text accessible to speakers o a native language.
Full citation: Colón-Ríos, J. I. 2011. Law, Language and the New Latin American Constitutions.
Victoria University o Wellington Legal Research Papers 
3(4) 1-20.
The author o this text argues that the existence o two regimes that acknowledge indigenous peoples’ land rights indierent ways - a state regime and an indigenous one - limits the eectiveness o both. Based on evidence rom 17 countrieson various types o indigenous regimes, the author identies common problems aecting indigenous land rights, suchas a lack o consensus on legal and institutional denitions. Case studies rom Colombia, Costa Rica, Panama and Peruprovide examples o how the two regimes have been successully incorporated into national constitutions that addresscontroversial issues such as land tenure, territorial recognition, natural resource rights and political autonomy.
Full citation: Roldán Ortega, R. 2004.
Models or Recognizing Indigenous Land Rights in Latin America 
. World Bank, Washington, DC.

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