Customary Law and Democratic Transition in Guatemala
Author: Rachel Sieder
Publisher: University of London Press
Published: 1997
Total Pages: 80
ISBN-13:
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Social Movements, Indigenous Politics and Democratisation in Guatemala
Author: Roderick Leslie Brett
Publisher: BRILL
Published: 2008
Total Pages: 245
ISBN-13: 9004165525
DOWNLOAD EBOOKDrawing on social movement theory, this book presents a comprehensive analysis of the evolution of collective action during Guatemalaa (TM)s democratic transition (1985-1996) and the accompanying impact of social movements on democratisation, focusing on three indigenous peoplesa (TM) social movement organisations.
Social Movements, Indigenous Politics and Democratisation in Guatemala, 1985-1996
Author: Mark G. Brett
Publisher: BRILL
Published: 2008-02-28
Total Pages: 245
ISBN-13: 9047433076
DOWNLOAD EBOOKThis book analyses patterns of collective action that emerged during Guatemala’s democratic transition between 1985 and 1996, focusing in particular on the role of indigenous actors in the political processes undergirding and shaping democratisation and the respective impact of the transition upon indigenous social movements. Comparatively little has been written about collective action in Guatemala within the discipline of political science, despite the mobilisation of a wide range of social movements in response to the brutal armed conflict; rather, literature has focused principally on the role of elite actors in democratisation. This study presents a fresh perspective, presenting an analysis of the political evolution of three social movements and their human rights platforms through the framework of social movement theory.
Culture and Rights
Author: Jane K. Cowan
Publisher: Cambridge University Press
Published: 2001-11-29
Total Pages: 276
ISBN-13: 9780521797351
DOWNLOAD EBOOKPart I: Setting universal rights
Guatemala After the Peace Accords
Author: Rachel Sieder
Publisher: University of London Press
Published: 1998
Total Pages: 288
ISBN-13:
DOWNLOAD EBOOKOne of the longest and seemingly most intractable civil wars in Latin America was brought to an end by the signing of the Peace Accords between the Guatemalan government and the Unidad Revolucionaria Nacional Guatemalteca (URNG) in December 1996. The essays in this volume evaluate progress made in the implementation of the peace agreements and signal some of the key challenges for future political and institutional reform. The volume opens with a chapter by Gustavo Porras, the government's main negotiator in the peace process. The first section then examines the issue of demilitarization. This is followed by aspects of indigenous rights in the peace process, including conceptual frameworks for rights advancement, the harmonization of state law and customary law, and the challenges of nation-state and citizenship construction. The next section examines issues of truth, justice, and reconciliation, and assesses prospects for the Truth Commission. The volume closes with an analysis of different aspects of political reform in Guatemala and includes comments made on the chapters and developed in the debate which took place at the conference on which it is based. The contributors are Marta Altolaguirre*, Marta Elena Casaús*, Demetrio Cojtí*, Edgar Gutiérrez*, Frank La Rue, Roger Plant, Gustavo Porras*, Alfonso Portillo*, Jennifer Schirmer, Rachel Sieder, David Stoll, Rosalina Tuyuc*, Anna Vinegrad, Richard Wilson (* chapters in Spanish).
The Challenge of Legal Pluralism
Author: Marc Simon Thomas
Publisher: Taylor & Francis
Published: 2016-09-13
Total Pages: 267
ISBN-13: 131703919X
DOWNLOAD EBOOKWithin the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance. This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy", even if, on other socio-geographical levels, this thinking in terms of resistance holds true. Based on qualitative research, the work analyzes how internal conflicts among indigenous inhabitants of the Ecuadorian highlands are being settled in a situation of formal legal pluralism, and what can be learned from this in terms of Indian-state relationships. It is shown that, on a local level, the phenomenological dimension of legal pluralism can be termed "interlegality." On a macro level, ontological assumptions underscore that legal pluralism is still seen as a dichotomy between customary and national law. Multidisciplinary in nature, the book will be of interest to academics and researchers working in the areas of Legal Pluralism, Cultural Anthropology and Latin American Studies.
Comparative Law and Anthropology
Author: James A.R. Nafziger
Publisher: Edward Elgar Publishing
Published: 2017-12-29
Total Pages: 1084
ISBN-13: 1781955182
DOWNLOAD EBOOKThe topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
Indigenous Peoples' Land Rights under International Law
Author: Jérémie Gilbert
Publisher: BRILL
Published: 2007-03-23
Total Pages: 352
ISBN-13: 9047431308
DOWNLOAD EBOOKThis book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Multicultural Odysseys
Author: Will Kymlicka
Publisher: OUP Oxford
Published: 2009-02-05
Total Pages: 789
ISBN-13: 0191623369
DOWNLOAD EBOOKWe are currently witnessing the global diffusion of multiculturalism, both as a political discourse and as a set of international legal norms. States today are under increasing international scrutiny regarding their treatment of ethnocultural groups, and are expected to meet evolving international standards regarding the rights of indigenous peoples, national minorities, and immigrants. This phenomenon represents a veritable revolution in international relations, yet has received little public or scholarly attention. In this book, Kymlicka examines the factors underlying this change, and the challenges it raises. Against those critics who argue that multiculturalism is a threat to universal human rights, Kymlicka shows that the sort of multiculturalism that is being globalized is inspired and constrained by the human rights revolution, and embedded in a framework of liberal-democratic values. However, the formulation and implementation of these international norms has generated a number of dilemmas. The policies adopted by international organizations to deal with ethnic diversity are driven by conflicting impulses. Pessimism about the destabilizing consequences of ethnic politics alternates with optimism about the prospects for a peaceful and democratic form of multicultural politics. The result is often an unstable mix of paralyzing fear and naïve hope, rooted in conflicting imperatives of security and justice. Moreover, given the enormous differences in the characteristics of minorities (eg., their size, territorial concentration, cultural markers, historic relationship to the state), it is difficult to formulate standards that apply to all groups. Yet attempts to formulate more targeted norms that apply only to specific categories of minorities (eg., "indigenous peoples" or "national minorities") have proven controversial and unstable. Kymlicka examines these dilemmas as they have played out in both the theory and practice of international minority rights protection, including recent developments regarding the rights of national minorities in Europe, the rights of indigenous peoples in the Americas, as well as emerging debates on multiculturalism in Asia and Africa.
The Judicialization of Politics in Latin America
Author: Rachel Sieder
Publisher: Springer
Published: 2016-04-30
Total Pages: 314
ISBN-13: 1137108878
DOWNLOAD EBOOKDuring the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
