The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research.
The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law and designing new instruments.
Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.
Introduction: The contours of a field of critical indigenous rights studies
Giselle Corradi, Koen De Feyter, Ellen Desmet, and Katrijn Vanhees
Part 1 - Changing identities and cultures
Indigeneity vs Development: Nubian rights mobilisation in Egypt
Politics of oneness and Twa’s struggle for land: questioning identity discourses in Rwanda
The impact of migration processes on indigenous peoples’ rights. Challenges for identity and culture
Asier Martínez de Bringas
Part 2 - Innovating the law
Dealing with legal tensions in light of indigenous peoples’ rights
A dual perspective on the right to enjoy the benefits of scientific progress
Protecting traditional cultural expressions – copyright tensions and human rights opportunities?
Creating space for counter-narratives within international law
Indigenous people involvement in the REDD+ global debate: Case study from the Amazon basin
The rights of Indigenous Peoples in the jurisprudence of the Inter-American Court of Human Rights: A Third World Approaches to International Law assessment to advance their protection in the Inter-American Human Rights System
Salvador Herencia Carrasco
Designing new instruments
The 2005 Draft Nordic Sámi Convention and the Implementation of the Right of the Sámi People to Self-determination
Legislation coordination and cooperation mechanisms between indigenous and ordinary jurisdictions: reflections on progress and setbacks in Ecuador
Lieselotte Viaene and Guillermo Fernández-Maldonado
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.