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Indigenous and Tribal People's Rights Over Their Ancestral Lands
INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS OEA/Ser.L/V/II. Doc. 56/09 30 December 2009 Original: Spanish INDIGENOUS AND TRIBAL PEOPLES’ RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES Norms and Jurisprudence of the Inter‐American Human Rights System 2010 Internet: http://www.cidh.org E‐mail: [email protected] OAS Cataloging‐in‐Publication Data Derechos de los pueblos indígenas y tribales sobre sus tierras ancestrales y recursos naturales: Normas y jurisprudencia del sistema interamericano de derechos humanos = Indigenous and tribal people’s rights over their ancestral lands and natural resources: Norms and jurisprudence of the Inter‐American human rights system / [Inter‐American Commission on Human Rights.] p. ; cm. (OEA documentos oficiales ; OEA/Ser.L)(OAS official records ; OEA/Ser.L) ISBN 978‐0‐8270‐5580‐3 1. Human rights‐‐America. 2. Indigenous peoples‐‐Civil rights‐‐America. 3. Indigenous peoples‐‐Land tenure‐‐America. 4. Indigenous peoples‐‐Legal status, laws, etc.‐‐America. 5. Natural resources‐‐Law and legislation‐‐America. I. Inter‐American Commission on Human Rights. II Series. III. Series. OAS official records ; OEA/Ser.L. OEA/Ser.L/V/II. Doc.56/09 Document published thanks to the financial support of Denmark and Spain Positions herein expressed are those of the Inter‐American Commission on Human Rights and do not reflect the views of Denmark or Spain Approved by the Inter‐American Commission on Human Rights on December 30, 2009 INTER‐AMERICAN COMMISSION ON HUMAN RIGHTS MEMBERS Luz Patricia Mejía Guerrero Víctor E. Abramovich Felipe González Sir Clare Kamau Roberts Paulo Sérgio Pinheiro Florentín Meléndez Paolo G. Carozza ****** Executive Secretary: Santiago A. -
Ecuadorian Territory
1 Territories of Life • 2021 REPORT ICCA Consortium 2 There are Indigenous Peoples living throughout Ecuadorian territory. However, there are regions where they have a prominent presence, for example in the Amazon and the Sierra. In the Amazon, there are the following nations: Achuar, Ai’Kofán, Waorani, Siekopai (also known as Secoya), Quijos, Andwa, Shuar, Siona, Shiwiar, Sapara, and Amazonian Kichwa (comprised of multiple autonomous peoples, including the Kichwa People of Sarayaku). The Amazon region is also home to the Tagaeri and Taromenane Indigenous peoples in isolation,3 or “peoples in voluntary isolation,” as Saraguro, Paltas, and higland Kichwa. Ecuador A national analysis on the status of territories of life several studies estimate that at least 40% of Ecuadorian territory (104.06 km) corresponds to the territories Author(s):1 Paola Maldonado, Jaime Robles, Verónica Potes of Indigenous Peoples and local communities. The 1 Paola Maldonado Council Co-chair of the theme on “Documenting Territories of Amazon is the region with the largest area of Indigenous Life” territories, representing 73% of the country’s territories Jaime Robles Verónica Potes is a lawyer and activist for human rights and collective It is estimated that at least 40% of Ecuadorian the equator in South America, it is one of the smallest territory (approximately 104,059.1 km) are territories of and most densely populated countries in the region. 2 nations. In a plurinational and intercultural state, the which is home to the country’s largest areas of tropical recognition and guarantee of territorial and collective forest in good state of conservation. The highland region rights and the rights of nature is an essential path to (Sierra Kofán, Siona, Siekopai (Secoya), Shuar (in Ecuador, 3 The Tagaeri Taromenane are isolated family groups, linguistically Wampís nation in Peru) and the Achuar in Ecuador Pueblos indígenas aislados y de reciente contacto and Peru. -
When the Forest Screams
UNIVERSITY OF DEUSTO European Master’s Degree in Human Rights and Democratisation A.Y. 2018/2019 WHEN THE FOREST SCREAMS The Rights of Nature and Indigenous Rights as a Mutually Reinforcing Resistance Platform for the Indigenous Peoples of the Ecuadorian Amazon Author: Juan José Guzmán Torán Supervisor: Felipe Gómez Isa WHEN THE FOREST SCREAMS ABSTRACT Indigenous peoples from the Ecuadorian Amazon have historically been dispossessed from their cultural heritage and ancestral territories. In the past, these actions have been justified by the need for natural resources derived from indigenous lands. However, this has led to the destruction of natural and culturally significant environments, in addition to other human rights violations. This research will focus on contemporary efforts by Ecuador to protect its nature through the auspices of constitutional and legislative regimes. In 2008, the government of Rafael Correa incorporated the ‘rights of nature’ into the Ecuadorian Constitution, which in essence gave nature legal personality. That is, nature became a subject of rights, to be protected despite human needs. In this context, the rights of nature protect nature from its commodification, thus contributing toward the fulfillment of indigenous peoples’ rights in extractivist contexts. This research explores the impact of this constitutional recognition, analyzing how indigenous Amazonian communities legally and politically use the rights of nature. Concerning the legal uses, lawsuits filed by indigenous groups, in circumstances where the rights of nature were invoked, tended to fail. Despite the legal obstacles, the rights of nature have been progressively incorporated into resistance-orientated discourses/actions of Amazonian indigenous communities, becoming a robust political tool against the destruction of traditional territories. -
The Corrientes River Case: Indigenous People's
THE CORRIENTES RIVER CASE: INDIGENOUS PEOPLE'S MOBILIZATION IN RESPONSE TO OIL DEVELOPMENT IN THE PERUVIAN AMAZON by GRACIELA MARIA MERCEDES LU A THESIS Presented to the Department of International Studies and the Graduate School of the University of Oregon in partial fulfillment ofthe requirements for the degree of Master of Arts December 2009 ---------------- ii "The Corrientes River Case: Indigenous People's Mobilization in Response to Oil Development in the Peruvian Amazon," a thesis prepared by Graciela Marfa Mercedes Lu in partial fulfillment of the requirements for the Master of Arts degree in the Department of International Studies. This thesis has been approved and accepted by: lT.. hiS man.u...s. c. ript .has been approved by the advisor and committee named~ _be'oV\l __~!1_d _~Y--'3:~c~_ard Linton, Dean of the Graduate Scho~I_.. ~ Date Committee in Charge: Derrick Hindery, Chair Anita M. Weiss Carlos Aguirre Accepted by: III © 2009 Graciela Marfa Mercedes Lu IV An Abstract of the Thesis of Graciela M. Lu for the degree of Master of Arts in the Department of International Studies to be taken December 2009 Title: THE CORRIENTES RIVER CASE: INDIGENOUS PEOPLE'S MOBILIZATION IN RESPONSE TO OIL DEVELOPMENT IN THE PERUVIAN AMAZON Approved: Derrick Hindery Economic models applied in Latin America tend to prioritize economic growth heavily based on extractive industries and a power distribution model that affects social equity and respect for human rights. This thesis advances our understanding of the social, political and environmental concerns that influenced the formation of a movement among the Achuar people, in response to oil exploitation activities in the Peruvian Amazon. -
State of the World's Indigenous Peoples
5th Volume State of the World’s Indigenous Peoples Photo: Fabian Amaru Muenala Fabian Photo: Rights to Lands, Territories and Resources Acknowledgements The preparation of the State of the World’s Indigenous Peoples: Rights to Lands, Territories and Resources has been a collaborative effort. The Indigenous Peoples and Development Branch/ Secretariat of the Permanent Forum on Indigenous Issues within the Division for Inclusive Social Development of the Department of Economic and Social Affairs of the United Nations Secretariat oversaw the preparation of the publication. The thematic chapters were written by Mattias Åhrén, Cathal Doyle, Jérémie Gilbert, Naomi Lanoi Leleto, and Prabindra Shakya. Special acknowledge- ment also goes to the editor, Terri Lore, as well as the United Nations Graphic Design Unit of the Department of Global Communications. ST/ESA/375 Department of Economic and Social Affairs Division for Inclusive Social Development Indigenous Peoples and Development Branch/ Secretariat of the Permanent Forum on Indigenous Issues 5TH Volume Rights to Lands, Territories and Resources United Nations New York, 2021 Department of Economic and Social Affairs The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environ- mental data and information on which States Members of the United Nations draw to review common problems and to take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint courses of action to address ongoing or emerging global challenges; and (iii) it advises interested Governments on ways and means of translating policy frameworks developed in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities. -
Years in the Abanico Del Pastaza - Why We Are Here Stop Theto Degradation of the Planet’S Natural Environment and to Build a Nature
LESSONS LEARNED years10 in + the Abanico del Pastaza Nature, cultures and challenges in the Northern Peruvian Amazon In the Abanico del Pastaza, the largest wetland complex in the Peruvian Amazon, some of the most successful and encouraging conservation stories were written. But, at the same time, these were also some of the toughest and most complex in terms of efforts and sacrifices by its people, in order to restore and safeguard the vital link between the health of the surrounding nature and their own. This short review of stories and lessons, which aims to share the example of the Achuar, Quechua, Kandozi and their kindred peoples with the rest of the world, is dedicated to them. When, in the late nineties, the PREFACE WWF team ventured into the © DIEGO PÉREZ / WWF vast complex of wetlands surrounding the Pastaza river, they did not realize that what they thought to be a “traditional” two-year project would become one of their longest interventions, including major challenges and innovations, both in Peru and in the Amazon basin. The small team, mainly made up of biologists and field technicians, aspired to technically support the creation of a natural protected area to guarantee the conservation of the high local natural diversity, which is also the basis to one of the highest rates of fishing productivity in the Amazon. Soon it became clear that this would not be a routine experience but, on the contrary, it would mark a sort of revolution in the way WWF Patricia León Melgar had addressed conservation in the Amazon until then. -
Indigenous and Tribal Peoples of the Pan-Amazon Region
OAS/Ser.L/V/II. Doc. 176 29 September 2019 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Situation of Human Rights of the Indigenous and Tribal Peoples of the Pan-Amazon Region 2019 iachr.org OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights. Situation of human rights of the indigenous and tribal peoples of the Pan-Amazon region : Approved by the Inter-American Commission on Human Rights on September 29, 2019. p. ; cm. (OAS. Official records ; OEA/Ser.L/V/II) ISBN 978-0-8270-6931-2 1. Indigenous peoples--Civil rights--Amazon River Region. 2. Indigenous peoples-- Legal status, laws, etc.--Amazon River Region. 3. Human rights--Amazon River Region. I. Title. II. Series. OEA/Ser.L/V/II. Doc.176/19 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members Esmeralda Arosemena de Troitiño Joel Hernández García Antonia Urrejola Margarette May Macaulay Francisco José Eguiguren Praeli Luis Ernesto Vargas Silva Flávia Piovesan Executive Secretary Paulo Abrão Assistant Executive Secretary for Monitoring, Promotion and Technical Cooperation María Claudia Pulido Assistant Executive Secretary for the Case, Petition and Precautionary Measure System Marisol Blanchard a.i. Chief of Staff of the Executive Secretariat of the IACHR Fernanda Dos Anjos In collaboration with: Soledad García Muñoz, Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights (ESCER) Approved by the Inter-American Commission on Human Rights on September 29, 2019 INDEX EXECUTIVE SUMMARY 11 INTRODUCTION 19 CHAPTER 1 | INTER-AMERICAN STANDARDS ON INDIGENOUS AND TRIBAL PEOPLES APPLICABLE TO THE PAN-AMAZON REGION 27 A. Inter-American Standards Applicable to Indigenous and Tribal Peoples in the Pan-Amazon Region 29 1. -
Linguistic and Cultural Geography of Contemporary Peru
TEXAS PAPER ON LATIN AMERICA Pre-publication working papers of the Institute of Latin American Studies University of Texas at Austin ISSN 0392-3507 Linguistic and Cultural Geography of Contemporary Peru Gregory Knapp Department of Geography Paper No. 87-13 http://lanic.utexas.edu/project/etext/llilas/tpla/8713.pdf Gregory Knapp Linguistic and Cultural Geography of Contemporary Peru Linguistic and Cultural Geograpby of Contemporary Peru Gregory Knapp In view of the recent upsurge of interest in Peruvian regions and regional development (CDI- CEDESA 1984; González de Olarte 1985), it is surprising that none of these discussions of regional- ization adequately takes into account language or culture. In many countries, regional divisions have been primarily based on cultural or linguistic pattems, and the greatest challenge has been 10 achieve balanced development for all ethnic groups. The available etbnic maps for Peru are based on language. They show spheres of influence for various languages (pesce 1969) but lack a quantitative basis and do not indicate the numerically pre- ponderant languages and cultures. They also do not distinguish between cultural groups that are not indigenous language speakers. This report, by using quantitative data of language and ethnicity as found in various censuses, will attempt to map the cultural regions of Peru. Language as a Cultural Indicator There are three advantages to using language as a point of departure in mapping and defining culture regions: (1) language is strongly implicated in the transmission of culture and is thus linked to many nonlinguistic cultural traits, such as folklore, religion, and music; (2) language frontiers between groups impede cultural transmission and many times coincide with other cultural boundaries, including agricultural and housing traits; (3) language is a cultural trait that is relatively stable and easy 10 determine through census information. -
The Impact of COVID-19 on Indigenous Peoples in Latin America (Abya Yala)
PROJECT DOCUMENTS The impact of COVID-19 on indigenous peoples in Latin America (Abya Yala) Between invisibility and collective resistance Thank you for your interest in this ECLAC publication ECLAC Publications Please register if you would like to receive information on our editorial products and activities. When you register, you may specify your particular areas of interest and you will gain access to our products in other formats. www.cepal.org/en/publications ublicaciones www.cepal.org/apps Project Documents The impact of COVID-19 on indigenous peoples in Latin America (Abya Yala) Between invisibility and collective resistance This document was prepared by the Economic Commission for Latin America and the Caribbean (ECLAC), jointly with the regional offices of the Food and Agriculture Organization of the United Nations (FAO); the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women); the International Labour Organization (ILO); the United Nations Population Fund (UNFPA); the United Nations Children’s Fund (UNICEF); the Pan American Health Organization (PAHO); the United Nations Development Programme (UNDP) and the Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean (FILAC), within the framework of the activities of the Regional Interagency Group on Indigenous Peoples in Latin America and the Caribbean (GIRPI). This document was prepared thanks to contributions from Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) of Germany. The boundaries and names shown -
In the Nexus Between People and Rainforest
In the Nexus Between People and Rainforest An anthropological study of conservation projects and indigenous people in Ecuadorian Amazon Monica Husum Nilsen Master Thesis Department of Social Anthropology THE UNIVERSITY OF OSLO Spring 2012 ii In the Nexus Between People and Rainforest - an Anthropological Study of Conservation Projects and Indigenous People in Ecuadorian Amazon Monica Husum Nilsen iii © Monica Husum Nilsen 2012 In the Nexus Between People and Rainforest: an anthropological study of conservation projects and indigenous people in Ecuadorian Amazon Monica Husum Nilsen http://www.duo.uio.no/ Print: Oslo Kopisten AS iv Abstract This thesis is based on a multisited fieldwork in Ecuador, January-June 2011. Ecuador is preparing for REDD, a UN- project to reduce emissions from deforestation, but already conducts forest conservation in many places through PSB. These programs may have a major impact on the target groups, who are often indigenous peoples. The focus is on the dilemmas taking place in the nexus between the people of the rainforest and the people from the outside promoting conservation of the rainforest. Experiences from two different indigenous villages, one Secoya and one Shuar in the Amazon, tell a story of suppression, social change, unstable relationships and discrimination, but also glimpses of hope, strategic actions and choices coming from agency and empowerment. In the process of participation in such projects they are faced with problems of limited information, hastily made decisions and conflicting interests and opinions among the villagers. The money they will receive by joining is a great temptation, but the restrictions in self- determination of land-use implied have consequences. -
Work with Indigenous Nationalities
FUNDACIÓN FONDO ECUATORIANO DE DESARROLLO SUSTENTABLE (F.E.D.) CORPORATE EXPERIENCE WITH INDIGENOUS NATIONALITIES IN ECUADOR GENERAL BACKGROUND: "Foundation FED" FONDO ECUATORIANO DE DESARROLLO SUSTENTABLE ", has been developing to date processes for quality certification in the exploitation of non-renewable resources with social, environmental and business responsibility, is a non-profit entity, under private civil law, protected by Ecuadorian laws, created by free and voluntary association, by persons without any legal impediment to associate and act in reference to its Statutes, which were approved by the Ministry of the Environment of Ecuador, with Ministerial agreement 045 dated April 24, 2002. For doing so, FED Foundation, for its operations inside and outside the country, is associated with several related entities, among others: Carbon Innovations Ltd which in turn has an alliance with Tricorona, with Genesis Global LLC, PACT INC and the Hale & Dorr Law Firm, Terra Carbon LLC, 33 Asset Management, ICONTEC, Terra Global Capital, Austrian- Israeli Chamber of Commerce, Nova Scotia, Zafiro Business Group, Forrest Bird Society, Global Environmental Alliance, Equitable Origin, as partners with those who develop and represent it. GENERAL BACKGROUND: Most of its work has been developed with indigenous nationalities or in the territory of such nationalities. Native Ecuadorians, are the groups of people who were present in what became Ecuador when Europeans arrived, 7% of Ecuador's population is of indigenous heritage. FED’s has worked virtually with all the indigenous nationalities and groups, and also in almost in all Ecuadorian continental territory. It has worked with human settlements in the provinces of Zamora, Napo, Pastaza, Sucumbíos, and Orellana. -
Estado De Las Lenguas En Las Nacionalidades De La Amazonía Ecuatoriana Estado Antonio 1.Qxd 3/1/08 12:15 Page 2
estado Antonio_1.qxd 3/1/08 12:15 Page 1 Estado de las lenguas en las Nacionalidades de la Amazonía Ecuatoriana estado Antonio_1.qxd 3/1/08 12:15 Page 2 ESTADO DE LAS LENGUAS EN LAS NACIONALIDADES DE LA AMAZONÍA ECUATORIANA © UNICEF 2007 UNICEF Amazonas 2889 y La Granja Telf.: (593 2) 2460 330 Fax: (593 2) 2461 923 www.unicef.org/ecuador [email protected] Primera edición: julio 2007 ISBN-978-92-806-4231-5 DINEIB Juan Murillo y San Gregorio, Edif. DINAMEP 8vo Piso Telf.: (593 2) 2503042 Fax: (593 2) 2503046 www.dineib.edu.ec [email protected] UNIVERSIDAD DE CUENCA Av. 12 de Abril s/n Ciudadela Universitaria Telf.: (593 7) 2831 688 Fax: (593 7) 2835197 www.ucuenca.edu.ec [email protected] AUTORA Catalina Álvarez Coordinación Institucional UNICEF: Juan Pablo Bustamante / Fernando Yánez DINEIB: Mariano Morocho / Virginia De La Torre / Jaime Gayas Universidad de Cuenca: Alejandro Mendoza Revisión de estilo Jaime Peña Novoa Diseño gráfico Antonio Mena No de ejemplares: Impresión: Impreso en el Ecuador Esta investigación se realizó bajo el marco del Proyecto Regional de Educación Intercultu- ral Bilingüe, EIBAMAZ. Convenio de Cooperación entre el Gobierno de Finlandia y UNICEF. estado Antonio_1.qxd 3/1/08 12:15 Page 3 Rikuchina Amazonía llaktakunapika kanchis chikan shimikuna tiyanmi. Kay shi- mikunamanta ishkayka ña wañunkapak tiyakunmi. Ranti chay shuk pichka shimikunaka sinchimi chayrak kanmi. Kay shimikunamantaka amsalla mashkaykuna rurarishkami. Karumanta shamushka runakunami ashtawanka kay shimikunaman- ta mashkay kallarishka.Kay Ecuadormanta runakunaka mana kay shi- mikunamanta yuyashkachu. Mishukunaka mana kay shimikunata llakishkachu. Paykuna, ñukan- chik llaktamanka kullkita rurankapaklla, shuwankapakpash sha- mushkami.