The definition of "indigenous people" and its development in the international scenario has characterized, in the last decades, a new consideration about the rights of indigenous peoples, whose self-determination is connected to a specific land, occupied and translated from generations and synonim of an unique identity (the anthropological concept of "ancestral land"). It caused a re-interpretation of the relationship between land and indigenous peoples, providing the reintegration of indigenous peoples in their ancestral lands and considering land as a common, in which natural resources should be managed by communities. The fact has been particularly relevant in the Latin-American contest after the transition to democracy in '80s/'90s and the draft of new Constitutions considering the protection of minorities and indigenous communities. Particularly, with the theory of Nuevo Constitucionalismo, indigenous juridical custom (costumbre), when not in contrast with human rights, granted by international conventions, is to be considered as law. Every indigenous community is seen as an entity per se, recognised by the State and entitled to possess their ancestral land and to manage it in accordance with their custom and their harmonic relationship with nature and Mother Earth (Tierra Madre or Pacha Mama).
Indigenous Land Right in new Latin-American Constitutions : From the protection of indigenous rights to the consideration of land as a "common": the development of the Nuevo Constitucionalismo / L.A. Nocera. ((Intervento presentato al convegno Rethinking difference: beyond language, culture, and indigeneity tenutosi a Newcastle nel 2017.
Indigenous Land Right in new Latin-American Constitutions : From the protection of indigenous rights to the consideration of land as a "common": the development of the Nuevo Constitucionalismo
L.A. Nocera
Primo
Writing – Review & Editing
2017
Abstract
The definition of "indigenous people" and its development in the international scenario has characterized, in the last decades, a new consideration about the rights of indigenous peoples, whose self-determination is connected to a specific land, occupied and translated from generations and synonim of an unique identity (the anthropological concept of "ancestral land"). It caused a re-interpretation of the relationship between land and indigenous peoples, providing the reintegration of indigenous peoples in their ancestral lands and considering land as a common, in which natural resources should be managed by communities. The fact has been particularly relevant in the Latin-American contest after the transition to democracy in '80s/'90s and the draft of new Constitutions considering the protection of minorities and indigenous communities. Particularly, with the theory of Nuevo Constitucionalismo, indigenous juridical custom (costumbre), when not in contrast with human rights, granted by international conventions, is to be considered as law. Every indigenous community is seen as an entity per se, recognised by the State and entitled to possess their ancestral land and to manage it in accordance with their custom and their harmonic relationship with nature and Mother Earth (Tierra Madre or Pacha Mama).File | Dimensione | Formato | |
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