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Begin New Search Topic Colonialism Political Geography North America Content Type Working Paper

1. Dawn: Marxism and National Liberation

Author:
Tricontinental: Institute for Social Research
Publication Date:
02-2021
Content Type:
Working Paper
Institution:
Tricontinental: Institute for Social Research
Abstract:
Dossier no. 37 is an invitation to a dialogue, a conversation about the entangled tradition of Marxism and national liberation – a tradition that emerges out of the October Revolution and that deepens its roots in the anti-colonial conflicts of the twentieth and twenty-first centuries. This is an introduction to a wide-ranging conversation that includes many different revolutionary movements, mostly rooted in the continents of Africa, Asia, and Latin America.
Topic:
Socialism/Marxism, Colonialism, Revolution, Liberalization, and Anti-Colonialism
Political Geography:
Africa, Asia, South America, Latin America, and North America

2. Reconciliation beyond the Box: The UN Declaration and Plurinational Federalism in Canada

Author:
Sarah Morales and Joshua Nicholas
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Prime Minister Justin Trudeau has publicly shared a vision of a plurinational state brought about through truth and reconciliation. He has expressed hope that Canadians are ready to rectify past wrongs and undo the legacy of colonialism by using the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) as “a way forward” to achieve self-determination, dignity and respect for Indigenous peoples. Many have questioned the government’s commitment to reconciliation built upon nation-to-nation and government-to-government relationships. Governmental support of major development projects such as the Trans Mountain Pipeline Expansion, against strong opposition from some Indigenous voices, has created skepticism. Many Indigenous leaders have expressed concerns about how changes to a number of laws currently making their way through Parliament will impact Indigenous people, and whether their concerns are being fully heard by government. With respect to the government’s rights recognition and implementation framework, some Indigenous communities argue that the focus should be on the affirmation rather than the mere recognition of rights that are already enshrined in the UN Declaration. This paper looks at the history of Indigenous treaty making in Canada, the history of the courts’ statements regarding Crown sovereignty, underlying title and legislative power, and how the UN Declaration might lead Canada and Indigenous peoples toward genuine nation-to-nation relationships.
Topic:
Energy Policy, United Nations, Colonialism, and Indigenous
Political Geography:
Canada and North America

3. DECOLONIZATION IN THE CONSTITUTIONAL SYSTEM: INDIGENOUS RIGHTS AND LEGAL PLURALISM, A COMPARATIVE STUDY BETWEEN BOLIVIA, COLOMBIA, AND ECUADOR

Author:
Sergio Miranda Hayes
Publication Date:
05-2017
Content Type:
Working Paper
Institution:
The New School Graduate Program in International Affairs
Abstract:
In the academic world, scientific literature comes mainly from the western part of the globe. Ramón Grossfoguel believes that knowledge is determined by power relations in the "post-colonial" era (Grossfoguel, 2002: 16). This means that Western powers dominate the academic world. In constitutional law, this is not the exception. However, while we can accept that it is true that many constitutional provisions, doctrine, jurisprudence and theories of Western constitutional law have influenced Latin American countries, most of these countries have also developed their own constitutional systems that have specific and new features, whose unique identity differentiates them from other systems in the world. In this paper, I will try to study the special features that Bolivia, Ecuador, and Colombia have in the recognition of indigenous rights and legal pluralism, whose discursive axis entails a “decolonizing” spirit which is the retrieval of their own institutions against the trends of hegemonic governance of the western culture as I will explain later. Latin America has faced numerous problems concerning social differentiation. In the opinion of one of the most cited authors in Latin American constitutional law, Raquel Yrigoyen, the disadvantaged were left behind from the social, economic and political issues through legal measures created by people of a favored minority, in order to maintain privileges (Yrigoyen, 2011: 139). In the case of Latin America, many of the disadvantaged match to be those survivors of the brutal Spanish conquest; the native Indians. I have chosen these three countries since they have a significant indigenous population; more than 36.6 million indigenous people in the region. In Bolivia, the number rises to 4,115,222 natives, in Ecuador 1018176,and in Colombia 1392623. (World Bank, 2014: 24-25) The Constitutions of Colombia (1991), Ecuador (2008) and Bolivia (2009) reflect the new “decolonizing” ideology; Colombia through its jurisprudence, on the one hand, and Bolivia and Ecuador, proclaiming themselves "Plurinational”countries on the other. All made great strides in recognizing indigenous rights and, consequently, in gaining their social inclusion. (Gargarella, 2014: 175) Constitutional systems are a product of history and the struggle of peoples. In these cases, the effort to include indigenous peoples in the economic, political and social spheres resulted in these new constitutional models which can be understood through a comparative study.By understanding this, advantages and disadvantages of each country to improve social inclusion of indigenous peoples in all the mentioned spheres can be found. In the first title, I will talk about the meaning of legal pluralism. In the second, I will discussthe new models of statewhich are conditioned by legal pluralism and indigenous rights. In the third, I will address indigenous autonomies and jurisdictions that are the subject of our study. And in the remaining two titles, I will discuss the most distinctive features, and rights arising from the recognition of this unique legal pluralism. All this with the purpose of exposing the new constitutional spirit of "decolonization" of these countries.
Topic:
Human Rights, Post Colonialism, Legal Theory, Colonialism, Decolonization, and Economic Inequality
Political Geography:
United States, Colombia, South America, Latin America, North America, Ecuador, and Bolivia