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Item type:Publication, Community-based justice or indigenous justice in international law: Analysis of Article 9 of ILO Convention 169(Oñati International Institute for the Sociology of Law, 2022-12-23)This paper deals with communal justice or indigenous justice governed by Convention No. 169 of the International Labour Organization (ILO). Article 9 of the indicated Convention is analysed describing and commenting on the different aspects or assumptions it contains about communal or indigenous justice. Likewise, this content is analysed in the doctrine and in the author’s field experience. The central question that guides the work is: How does the International Convention No. 169 of the International Labour Organization regulate communal or Indigenous justice? The answer is made through the verification of a hypothesis that raises the limits of the Article 9 of Convention 169 to understand and regulate communal or indigenous justice that is practiced in indigenous communities or peoples. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The legal imaginary of “indigeneity”: creating knowledge, subjects, and law(Onati International Institute for the Sociology of Law, 2022-08-01)This article analyses how the most important Peruvian legal-political institution with jurisdiction over indigenous issues, the Ministry of Culture, has constructed “indigeneity” since its creation in 2010 and until 2020. To achieve this aim, the article uses the cultural analysis of law as its main theoretical-methodological approach, which proposes the study of contextualized spatio-temporal subjects. These subjects are created by legal categories and narratives found in the Ministry’s legal documents and materials. The inductive and interpretative analysis of these documents and materials show that the Ministry of Culture constructs four types of “indigeneity”: i) generic, “indigenous peoples”, ii) natural, indigenous peoples in isolation or initial contact, iii) organized, community indigenous peoples, and iv) citizen, urban indigenous individuals. These findings demonstrate that the Peruvian Ministry of Culture has constructed different types of “indigeneity” and that this diverse and often discordant types of “indigeneity” create a complex relationship between the indigenous peoples and the state. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, “Transfer of use rights” as a mechanism for the territorial dispossession of native communities in Peru(CIDOB (Barcelona centre for international affairs), 2022-01-01)This paper analyses the Peruvian institutional scaffolding that favours mechanisms for dispossessing land from indigenous peoples in Peru, despite their protection by regulations that recognise them as such and their constitutional status, which imposes binding obligations. International human rights protection standards are therefore violated, along with the International Labour Organization's Convention 169 and the jurisprudence of the Inter-American Court of Human Rights (IACHR). It is therefore noteworthy that the Peruvian State has approved the titling of indigenous peoples' lands that are suitable for forestry “Transfer of use rights" - the main mechanism of dispossession affecting the ancestral territories of the indigenous peoples of the Peruvian jungle. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Between the environment and the economy: Foreign investments, global conservation, and Indigenous nations in the Amazon(Routledge, 2022-01-01)Where is the communities’ voice when their territories are intervened by either extractive projects advanced by transnational corporations or environmental initiatives advanced by global conservation actors? These actors allege that their projects deeply engage with sustainable development, in practice, however, national policies and governmental actions over the forests tend to prioritizing the environmental or the economic angle of sustainability, obscuring the political aspirations of Indigenous nations. By analysing these interventions in the Peruvian Amazon, this paper explores how Indigenous peoples’ political agency is located between these two global forces. Nonetheless, by using the discourse and standards of internationally recognized indigenous rights, they fight for the recognition of their nationhood and territorial entitlements as well as for their self-determination to engage with economic and environmental agendas from their own worldviews. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Planning for autonomy and conservation: ‘Life Plans’ and communal reserves in the Amazonian borders of Peru(Routledge, 2024-01-01)State-promoted biodiversity conservation can either align with or diverge from Indigenous Peoples’ priorities, knowledge, and self-determined development paths. Drawing on fieldwork at the Amazon borders of Brazil, Colombia, Ecuador, and Peru, this paper examines Indigenous organizations’ efforts to uphold territorial rights and pursue planning with Indigenous values in landscapes earmarked for conservation. The key question centers on how ‘border configurations’ affect grassroots planning and conservation focusing on the experience of Peruvian Secoya (Siékopai) People. Using expert interviews and ethnographic methods, the paper finds that conservation agencies risk losing credibility without genuine efforts toward social equity and well-being, constrained by mandates that often neglect local needs. The success of Life Plans depends on solidarity networks that balance conservation with viable economic alternatives, equitable power dynamics, and access to services. Ultimately, the paper shows that Life Plans empower Indigenous organizations, offering meaningful options for political self-representation within Amazonian conservation. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Indigenous Peoples and social protection: The case of the Peruvian Amazon(Wiley, 2024-10-28)The persistence of indigenous poverty and exclusion is one of the main challenges for social policy in Latin America. Social protection programmes, in particular conditional cash transfers, have been among the main instruments used by governments over the past two decades to respond to the high incidence of poverty in indigenous contexts. The inclusion of indigenous peoples as social protection beneficiaries remains a largely unexplored topic, despite its relevance to understand social policy trajectories in the global South. This article discusses the expansion of poverty alleviation social programmes in the Peruvian Amazon. Although the expansion of these programmes increased the state’s capacity to deliver welfare services in historically excluded areas, it also revealed the limitations of existing social protection instruments to effectively respond to indigenous poverty and vulnerability. Addressing this challenge constitutes a key opportunity to promote transformative approaches in social protection systems in Latin America. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Rethinking international law along with Amazonian ontologies: Problematizing human–non-human divisions(Cambridge University Press, 2024-10-22)This article focuses on the nature-culture dimension in the Amazonian territory as an ontological question. It is argued that international law, as a product of modern Western societies, reflects and reproduces particular ideas about what the environment is. These ideas in turn reflect specific nature-culture relations that are not necessarily present in other societies. This is especially evident in contexts such as the Amazon, where the basic assumptions that modern Western society takes for granted cannot be extrapolated. The argument is illustrated through the Amazonian Kukama-Kukamiria people’s conception of the river, which was put on the ropes by the implementation of a development project. It is proposed that rethinking international law along with the Amazon means situating oneself in not only a geographically but also ontologically different place. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, (Between plunder and shock: Prior consultation in Peru during the COVID-19 pandemic and its impact on Indigenous Peoples)(Onati International Institute for the Sociology of Law, 2024-10-01)This document highlights that the Peruvian State took advantage of the pandemic as an opportunity to infringe upon the rights of indigenous peoples by accelerating the prior consultation processes in the mining sector, thus violating rights recognized in its own legislation and the jurisprudence of the Inter-American Court. The analysis of consultation processes (2020–2022) evidenced (I) lack of accessibility, as the State used legal Spanish in all process documents, despite the fact that in 77.7% of the communities, over 80% of the population had an indigenous language as their mother tongue; (II) lack of good faith, as 88% of the cases had stages shortened and the intercultural dialogue stage excluded; and (III) the failure to aim at reaching an agreement, using less time and recording only a matrix of agreements from one community. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Slow environmental justice: The Cuninico oil spill and the legal struggle against oil pollution in Peruvian Amazonia(Routledge, 2024-01-01)This paper analyzes a case of environmental activism after one of the largest oil spills in Peruvian Amazonia, the 2014 Cuninico oil spill. A relatively more independent judiciary, environmental legislation, and weak though autonomous regulatory agencies led to a shift in institutional opportunity structure over the previous 20 years. The embryonic environmental state produced evidence of environmental harm and sanctioned state-owned oil enterprise Petroperú. However, that was not enough to produce timely measures to protect the affected communities. Indigenous peoples affected by the spill worked with human rights lawyers and civil society coalitions to bring the company to court. Almost a decade of high court activism has meant a burdensome process of ‘lawfare’ with important legal triumphs for plaintiffs. In 2020, a historic ruling mandated financial compensation for affected communities. Despite these triumphs, the long wait for the restitution of justice hints at an uncertain future.1 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, The Emergence of Amazonian Indigenous Defenders: The Case of the Centro Arenal Community(Mary Ann Liebert, Inc., 2023-02-21)Parallel to the territorial demands of the Amazonian indigenous people, pressures have increased on their territories by third parties engaged in illicit activities, such as illegal logging, drug trafficking, and illegal land trafficking. Public decisions have favored these activities at different government levels that either do not respond effectively to existing problems or, unfortunately, end up making them worse, as reflected by the promotion of infrastructure projects. The present case shows the association of existing threats, such as the exclusive state policy of not recognizing indigenous lands and placing indigenous defenders between a rock and a hard place for defending their territories.