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  • Author: Rebecca Bintrim
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Across the Andes, land- and natural resource-related confl ict has been increasing in the past 10 years, with only minor fl uctuations from year to year. In the past six years, those confl icts have occurred against a backdrop of discussion, adoption and refi nement of International Labour Organization Convention 169 (ILO 169) and consulta previa regulations to govern it. While not necessarily related, the long-term trends in confl ict and the adoption of consulta previa raise important questions. Can consulta previa address or contain long pent-up frustrations and confl icts? Or will the rising expectations they bring to communities, if the laws are imperfectly or subjectively implemented, lead to even more confl ict? The Charticle here shows the risks of the latter.
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: In most countries the process isn't always clear or direct. Who does it, how to do it and how long it can take varies from country to country—a reflection of the vagueness of ILO 169 and the uneven development of government regulations across the hemisphere. To compare, here are the steps you would need to take in Chile, Colombia, Guatemala, and Peru.
  • Political Geography: Colombia, Chile, Peru, Guatemala
  • Author: Cynthia Sanborn, Alvaro Paredes
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: During his 2011 presidential campaign, Peruvian President Ollanta Humala promised a new relationship between the Peruvian state and Indigenous peoples, in which the rights of the latter would be guaranteed and their participation in government would be treated as fundamental.
  • Political Geography: Peru
  • Author: Jerónimo Carcelén Pacheco, Valentina Mir Bennett
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: While Chile has recognized and supported Indigenous rights through a variety of constitutional, legal and statutory norms, one of the most central—especially given the country's extractive industry—is one of the least settled.
  • Political Geography: Chile
  • Author: Silvel Elías, Geisselle Sánchez
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Although they constitute 40 percent of Guatemala's population, Indigenous Guatemalans face great inequality in terms of access to health, education, housing and—most critically—political representation.
  • Political Geography: Guatemala
  • Author: Diana María Ocampo, Sebastian Agudelo
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: In Colombia's 2010–2014 National Development Plan, President Juan Manuel Santos listed the mining sector as one of the five engines of the country's economic growth, alongside infrastructure, housing, agriculture, and innovation. At the same time, the government recognized the need for regulatory, legal and policy instruments to make Colombia a regional powerhouse for mining and infrastructure.
  • Political Geography: Colombia
  • Author: Daniel M. Schydlowsky, Robert C. Thompson
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: The Peruvian economy has experienced exceptional growth in the past 10 years, with its GDP expanding at an average yearly rate of 6.5 percent. Much of this growth is due to the mining sector, which in 2012 accounted for 9.6 percent of Peru's GDP, 1.3 percent of its employment and 56.9 percent of its exports.
  • Political Geography: Peru
  • Author: Paloma Muñoz Quick
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: While numerous United Nations mechanisms1 have addressed the impact of business activities on Indigenous rights, it was only in 2011—with the UN Human Rights Council's unanimous endorsement of the UN Guiding Principles on Business and Human Rights—that the role of businesses in respecting, or abusing, these rights was officially acknowledged.
  • Author: Carlos Andrés Baquero Díaz
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: The right to free, prior and informed consent (FPIC), or consulta previa, has expanded throughout South America. Nine states have ratified the International Labour Organization's Convention 169 (ILO169)—the principal treaty regarding consulta previa.* But regulations created by four of those states—Colombia, Chile, Peru, and Ecuador—contradict the commitments they accepted when they ratified the treaty, in effect violating the right of Indigenous people to be consulted on administrative and legislative measures that could directly affect them.
  • Political Geography: Colombia, South America, Chile, Peru, Ecuador
  • Author: Angela Bunch
  • Publication Date: 03-2015
  • Content Type: Journal Article
  • Journal: Americas Quarterly
  • Institution: Council of the Americas
  • Abstract: Indigenous peoples' control over natural resources continues to be one of the most controversial issues in international law. Numerous international human rights treaties recognize Indigenous communities' right to be consulted over the use of resources on or beneath their communal lands. But international law tends to consider third parties' exploitation of natural resources on Indigenous land to be legal—as long as Indigenous rights to consultation, participation and redress, among other rights, are met.