Indigenous Peoples and their Right to Political Participation: International Law Standards and their Application in Latin America
Alexandra Tomaselli
Abstract
Alexandra Tomaselli
Abstract
UN bodies have increasingly emphasized the need to improve the political participation of indigenous peoples. This book proposes a composite right to political participation of indigenous peoples, identifies its recognition in international law, and explores its application in two – apparently divergent but substantially more similar than expected – case studies in Latin America: Bolivia and Chile. The core sources of international law, including the decisions of the Inter-American Court of Human Rights, serve as the main sources for the recognition of this right. This analysis ultimately integrates the non-(strictly)-legally binding outcomes of international organizations, the writings of publicists, and the scholarly literature of other disciplines (political science, sociology, and anthropology). For the two case studies, it covers a period of approximately ten years (2005-2015), and assesses the national legislation and their implementation, as well as the domestic jurisprudence.
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UN bodies have increasingly emphasized the need to improve the political participation of indigenous peoples. This book proposes a composite right to political participation of indigenous peoples, identifies its recognition in international law, and explores its application in two – apparently divergent but substantially more similar than expected – case studies in Latin America: Bolivia and Chile. The core sources of international law, including the decisions of the Inter-American Court of Human Rights, serve as the main sources for the recognition of this right. This analysis ultimately integrates the non-(strictly)-legally binding outcomes of international organizations, the writings of publicists, and the scholarly literature of other disciplines (political science, sociology, and anthropology). For the two case studies, it covers a period of approximately ten years (2005-2015), and assesses the national legislation and their implementation, as well as the domestic jurisprudence.
Key concepts: Indigenous, Latin Americans, Politics, Political science, Law, Biology, Ecology