Indigenous Peoples and their Right to Land in Latin America: Disputes, Contestation and Current Challenges
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At: Guest Lecture "Indigenous Peoples and their Right to Land in Latin America: Disputes, Contestation and Current Challenges" ; Halle ; 21/10/2019 ; In the current era of extractivism and land grabbing, this presentation aims to give an overview on how international and domestic laws (shall) protect Indigenous Peoples’ right to land in the context of Latin America, and to discuss their strategies of norm contestation and social protests vis-à-vis the persistent implementation gap of this as well as other rights of theirs. Thus, the presentation starts with a short introduction on Indigenous Peoples and their immense cultural richness in the subcontinent of Latin America. Second, it analyses how international and constitutional law on the one hand, and the Inter-American Court of Human Rights on the other hand, have framed and safeguarded the abovementioned right, which goes beyond a mere property or ownership title but implies a variety of other aspects (e.g., the Indigenous world-vision and their spiritual relationship with their land). Third, it explores how Indigenous Peoples have reacted to the continued de facto denial of the application of their right to land (as well as other related rights, e.g., consultation and Free, Prior and Informed Consent-FPIC). It then concludes by highlighting the main challenges ahead for these Peoples and the protection of their rights.