FROM INTEGRATIONIST INDIGENISM TO AUTONOMOUS CONSULTATION PROTOCOLS: LATIN AMERICA IN THE INDIGENOUS PEOPLES PROTAGONIM WAYS

Authors

DOI:

https://doi.org/10.11117/rdp.v20i108.7456

Abstract

Mechanisms such as the consultation procedure allow the participatory integration of indigenous peoples to the decision-making processes on the issues that involve them, especially regarding the realization of large enterprises in their lands, historically decided against the impacted peoples. However, despite being widely recognized, the law still faces obstacles to its optimal realization. Coming up against both restrictive interpretations of the law and its effective disregard for who should promote it. Thus, this article focuses on the issue of self-determination of indigenous peoples from the perspective of the potential emancipator of the right to consultation,
achieved from a strong interpretation of the law that privileges the role of indigenous peoples
over their lives, lands and resources. To this end, a historical contextualization will be made about the speeches and narratives that justified the reproduction of an oppressive indigenous policy of forced acculturation and how this model was reformulated based on the articulation of indigenous movements and their supporters, and how such transformations were consolidated before important forums and organizations to the point of promoting a wide-ranging review of the international regulatory framework, with direct reflections on the regulations of Latin American countries.

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Author Biography

Julianne Holder da Câmara Silva, Universidade Federal rural do Semi-Árido (UFERSA). Mossoró/RN. Brasil.

Professora Adjunta da UFERSA - Universidade Federal Rural do Semi-árido. Doutora em Direito Constitucional pela UNB - Universidade de Brasília. Mestre em Direito Constitucional pela Universidade Federal do Rio Grande do Norte - UFRN. Graduada pela UFRN.

Published

2024-01-31

How to Cite

Silva, J. H. da C. (2024). FROM INTEGRATIONIST INDIGENISM TO AUTONOMOUS CONSULTATION PROTOCOLS: LATIN AMERICA IN THE INDIGENOUS PEOPLES PROTAGONIM WAYS . Public Law, 20(108). https://doi.org/10.11117/rdp.v20i108.7456

Issue

Section

Dossiê Temático: Desigualdades e Direitos Humanos: desafios nos sistemas de proteção constitucional e transnacional