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Protection of Indigenous Peoples' Traditional Lands and Exploitation of Natural Resources : The Inter-American Court of Human Rights' Safeguards

Fuentes, Alejandro LU (2017) In International Journal on Minority and Group Rights 24(3). p.229-253
Abstract

The Inter-American Court of Human Rights (I-ACtHR) has developed remarkable jurisprudence for the protection of the right to communal property of indigenous and tribal communities with respect to the ancestral lands that they possess and traditionally used-natural resources, in order to guarantee their cultural and economic survival in the Americas. This article critically analyses the legal regime applicable for the protection of the right to traditional communal property of indigenous and tribal peoples in the Americas, its connection with their right to cultural identity, and the right to a dignified life. In particular, it pays specific attention to the right to effective participation and consultation of the indigenous communities... (More)

The Inter-American Court of Human Rights (I-ACtHR) has developed remarkable jurisprudence for the protection of the right to communal property of indigenous and tribal communities with respect to the ancestral lands that they possess and traditionally used-natural resources, in order to guarantee their cultural and economic survival in the Americas. This article critically analyses the legal regime applicable for the protection of the right to traditional communal property of indigenous and tribal peoples in the Americas, its connection with their right to cultural identity, and the right to a dignified life. In particular, it pays specific attention to the right to effective participation and consultation of the indigenous communities affected; the obligation to share reasonable benefits with these communities; and the elaboration of a prior environmental and social impact assessment of any development investments, exploration or extraction plans.

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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Cultural diversity - judicial guarantees, Human rights, Indigenous peoples, Inter-American Court of Human Rights (I-ACtHR), Traditional lands - natural resources
in
International Journal on Minority and Group Rights
volume
24
issue
3
pages
25 pages
publisher
Brill Academic Publishers
external identifiers
  • scopus:85028068515
ISSN
1385-4879
DOI
10.1163/15718115-02403006
language
English
LU publication?
yes
id
bffac0b7-3ae3-4c73-ad66-71b87d1f18ab
date added to LUP
2017-09-14 15:00:52
date last changed
2017-11-06 08:36:59
@article{bffac0b7-3ae3-4c73-ad66-71b87d1f18ab,
  abstract     = {<p>The Inter-American Court of Human Rights (I-ACtHR) has developed remarkable jurisprudence for the protection of the right to communal property of indigenous and tribal communities with respect to the ancestral lands that they possess and traditionally used-natural resources, in order to guarantee their cultural and economic survival in the Americas. This article critically analyses the legal regime applicable for the protection of the right to traditional communal property of indigenous and tribal peoples in the Americas, its connection with their right to cultural identity, and the right to a dignified life. In particular, it pays specific attention to the right to effective participation and consultation of the indigenous communities affected; the obligation to share reasonable benefits with these communities; and the elaboration of a prior environmental and social impact assessment of any development investments, exploration or extraction plans.</p>},
  author       = {Fuentes, Alejandro},
  issn         = {1385-4879},
  keyword      = {Cultural diversity - judicial guarantees,Human rights,Indigenous peoples,Inter-American Court of Human Rights (I-ACtHR),Traditional lands - natural resources},
  language     = {eng},
  number       = {3},
  pages        = {229--253},
  publisher    = {Brill Academic Publishers},
  series       = {International Journal on Minority and Group Rights},
  title        = {Protection of Indigenous Peoples' Traditional Lands and Exploitation of Natural Resources : The Inter-American Court of Human Rights' Safeguards},
  url          = {http://dx.doi.org/10.1163/15718115-02403006},
  volume       = {24},
  year         = {2017},
}