Reconciling Indigenous Peoples Individual and Collective Rights: Participation, Prior Consultation and SelfDetermination in Lat,Used

Reconciling Indigenous Peoples Individual and Collective Rights: Participation, Prior Consultation and SelfDetermination in Lat,Used

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This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law.Both conceptual ambiguities and practicerelated difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intragroup inequalities go unnoticed in that context, leaving persisting forms of neocolonialism, neoliberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, sociolegal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Furtherreaching conclusions are drawn for groups in between, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples right to prior consultation exemplifies what we could describe as exerting a cumulative, spillover and transcending effect. Related debates concerning participation and selfdetermination thereby gain salience in a complex web of players and interests at stake. Selfdetermination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression.Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.

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