OCAM 1045 - Indigenous self-government, human rights and environmental politics in Latin America
This course will introduce indigenous peoples' rights and judicial activism regarding cultural, territorial and environmental issues in Latin America since the second half of the Twentieth Century. The first part will focus on the emergence of a pan-indigenous movement across the region, and its political claim for recognition and self-government, as well as the multiculturalist constitutional reforms that have taken place in Latin America. The second part will focus on the international human rights framework, concerning the indigenous peoples' rights to self-determination. The third part will be centred on indigenous judicial activism, within national legal systems, the Inter-American rights system, and European courts (legal principle of Due Diligence), in relation to extractive industries. The fourth part will assess the outcomes of judicial activism, and the alternative actions undertaken by indigenous movements.
David RECONDO
Séminaire
English
- In Class Presence: 2 hours a week / 24 hours a semester
- Online learning activities: 2 hours a week / 24 hours a semester
- Reading and Preparation for Class: 2 hours a week / 24 hours a semester
none
Spring 2024-2025
(i) One group oral presentation: 30%; one individual reading review 30%; individual final paper: 40%.
(ii) Time-frame for individual participation: 24 hours (full semester); other assessments will be done within a week after the activity is done.
Group oral presentation: assessment will be shared online at the end of the session where it took place. Individual participation: assessment will be shared individually through email or Google Classroom
1. Brysk, Alison. Turning Weakness into Strength: The Internationalization of Indian Rights. Latin American Perspectives 23, no. 2 (1996): 38-57.
2. Merino, Roger. Reimagining the Nation-State: Indigenous Peoples and the Making of Plurinationalism in Latin America. Leiden journal of international law 31, no. 4 (2018): 773–792.
3. Engle, Karen. On Fragile Architecture: The UN Declaration on the Rights of Indigenous Peoples in the Context of Human Rights. The European Journal of International Law 22, no. 1, (2011):141-163.
4. Hale, Charles R. Using and Refusing the Law: Indigenous Struggles and Legal Strategies after Neoliberal Multiculturalism. American Anthropologist 122, no. 3 (2020): 618-631.
5. Ayvar, Ivette, and Gaussens, Pierre. The Judicialization of the Right to Self-government in Indigenous Municipalities of Mexico: Cherán, Ayutla, Oxchuc. Sortuz: Oñati Journal of Emergent Socio-Legal Studies 13, no. 1 (2023): 109-136.
6. Zaremberg, Gisela, and Torres Wong, Marcela, Participation on the Edge: Prior Consultation and Extractivism in Latin America. Journal of Politics in Latin America 10, no. 3 (2018): 29–58.
7. Herencia Carrasco, Salvador. Public Interest Litigation in the Inter-American Court of Human Rights: The Protection of Indigenous Peoples and the Gap between Legal Victories and Social Change. Revue Québécoise de droit international, Hors-Série, (2015
8. Torres-Mazuera, Gabriela, and Naayeli Ramírez-Espinosa. How a Legal Fight Against Monsanto Became an Indigenous Self-Determination Claim in Mexico. Journal of human rights practice 14, no. 1 (2022): 223-242.
11. Knuckey, S., Hoffman, B., Perelman, J., Reddy, G., Ancheita, A., and Jain, M. Power in human rights advocate and rightsholder relationships: critiques, reforms, and challenges. Harvard Human Rights Journal 33, no. (2020): 1-55