Key messages Collective land tenure in Colombia covers almost 38 million hectares, including land recognized both as indigenous resguardos and as collective lands of Afro-descendant communities. Yet, land titling has stagnated since t
Key messages The consolidation of the current legal regime for the protection of collective land tenure in Colombia is the result of a series of processes —social, political, economic, cultural, and legal— that have shaped and restruc
Collective land tenure in Colombia has been a constitutional right since 1991. It is therefore protected with the highest possible status, as it is defined as a fundamental right of indigenous and Afro-Colombian peoples. This condition has contributed to
The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.
Within discussions of land and resource rights, there is growing attention to women’s rights, mostly in terms of household and individual rights to private property. This leaves unanswered questions about whether and how women’s land rights can be secured under collective tenure, upon which billions of people worldwide depend. There is an important gap in conceptual tools, empirical understanding, and policy recommendations on women’s land rights within collective tenure. To address this gap and lay the foundations for a sound body of empirical studies and appropriate policies, we develop a conceptual framework to improve understanding of women’s land rights under collective tenure. We begin by discussing what secure tenure for women on collective lands would entail. We then present the conceptual framework for what factors would affect women’s tenure security, building on a framework for land tenure security that focuses on individual and household tenure. We give attention to particularities of rangelands, forests, and other types of lands as well as commonalities across types of collective lands. A key theme that emerges is that for women to have secure tenure under collective tenure, two dimensions must be in place. First, the collective (group) itself must have tenure security. Second, the women must have secure rights within this collective. The latter requires us to consider the governance structures, how men and women access and control land, and the extent to which women have voice and power within the collective. More consistent analyses of collective tenure systems using the framework presented in this paper can help to identify which action resources are important for groups to secure rights to collective lands, and for women to advocate for their rights within the group.
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
This enlightening book brings together the work of gender and forestry specialists from various backgrounds and fields of research and action to analyse global gender conditions as related to forests. Using a variety of methods and approaches, they build on a spectrum of theoretical perspectives to bring depth and breadth to the relevant issues and address timely and under-studied themes. Focusing particularly on tropical forests, the book presents both local case studies and global comparative studies from Africa, Asia, and Latin America, as well as the US and Europe. The studies range from personal histories of elderly American women’s attitudes toward conservation, to a combined qualitative / quantitative international comparative study on REDD+, to a longitudinal examination of oil palm and gender roles over time in Kalimantan. Issues are examined across scales, from the household to the nation state and the global arena; and reach back to the past to inform present and future considerations. The collection will be of relevance to academics, researchers, policy makers and advocates with different levels of familiarity with gender issues in the field of forestry.
Slavery and the Atlantic slave trade are among the most heinous crimes against humanity committed in the modern era. Yet, to this day no former slave society in the Americas has paid reparations to former slaves or their descendants. Ana Lucia Araujo shows that these calls for reparations have persevered over a long and difficult history. She traces the ways in which enslaved and freed individuals have conceptualized the idea of reparations since the 18th century in petitions, correspondence, pamphlets, public speeches, slave narratives, and judicial claims. Taking the reader through the era of slavery, emancipation, post-abolition, and the present day and drawing on the voices of various of enslaved peoples and their descendants, the book illuminates the multiple dimensions of the demands of reparations. This new edition boasts a new chapter on the global impact of the Black Lives Matter movement, the seismic effect of the killing of George Floyd, calls for university reparations and the dismantling of statues. Updated throughout, this edition includes primary sources, further readings, and many illustrations.
The impact of environmental damage on human rights - civil, political or welfare and labour rights - is becoming ever-more widely appreciated and has direct bearing on the behaviour of companies and their norms of conduct. In this volume, contributors draw on the tools and insights of a range of disciplines, including law, anthropology, economics, geography and social science, to analyze the issues and show how new standards that protect rights and liberties can be established.