Clarifying Limbo: Disentangling Indigenous Autonomy from the Mexican Constitutional Order. Ian Flannigan Sprague. View More View Less. 1 Third year law. video indigena, or state-sponsored small media, at the height of official pluralism in colludes with the indigenous autonomy movement-through the work and. In legal theory, autonomy may refer to self-government, self-rule, . de Bolivia (CSUTCB); Confederación de Pueblos Indígenas de Bolivia.
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Handbook of Indigenous Peoples' Rights - Google Könyvek
Yet, indigenous Mapuche women and working-class pobladora activists assert that they have been excluded from programs implemented by SERNAM. Decisions about what constitutes "women's interests" are usually made by middle class, educated, lighter-skinned women, and the priorities and concerns of poor, working-class, and indigenous women have not come to the fore.
In legal and political terms, autonomy has obviously other implications, especially if conceived as a right. In legal theory, autonomy may refer to self-government, self-rule, self-management, self-administration, home rule and self-legislation Loukacheva In political science, it has been associated with independence, self-government, self-determination, self-direction, self-reliance and self-legislation Loukacheva ; Wiberg This concept has thus no clear legal boundaries Harhoff31; Welhengama98; Heintze7; Wiberg43which is due to the lack of a clear conceptualisation of this notion in international law and contrasted with a flourishing praxis at domestic level.
The subdivision of autonomy arrangements into non-territorial autonomies NTA and territorial autonomies TA in the context of national minorities deserves a mention as it may of use also in the case of indigenous peoples.
A territorial autonomy TA aimed to protect a given group, generally speaking, may be found in a specific territory where the group represent the majority, provided with self-ruling autonomous indigenas by the state Heintze18 and 21; Henrard; Hofmann6, 9 and 11; Marko Is there a right to autonomy for indigenous peoples?
In this sense, the interrelation between forms of autonomy or self-government and the autonomous indigenas to self-determination is rather immediate.
Autonomy, Self Governance and Conflict Resolution: Innovative Approaches to - Google Könyvek
The Draft Declaration recognises in art. However, to a closer look, art. Hence, indigenous autonomous indigenas may have the right to autonomy, which derives from their right to self-determination but without limiting the scope of the latter.
Hence, the UNDRIP may be autonomous indigenas pioneering, necessary and decisive step to recognise that the right to autonomy is emerging in international law, at least autonomous indigenas indigenous peoples. A number of legally recognized territorial indigenous autonomy arrangements may be found among others in the following countries: Many of them have to be further developed and empowered, and the majority suffer from serious limitations.
These TA experiences may be indicatively grouped in three macro-categories, as follows. First, indigenous autonomy arrangements that have been legally established as a result of conflict autonomous indigenas Chittagong Autonomous indigenas Tracts in Bangladesh; Papua and Aceh in Indonesia; the Atlantic Coast in Nicaragua; and the system of the comarcas in Panama.
Second, the self-government arrangements derived from high-level debates which were followed by incisive constitutional or domestic law reforms the Indigenous Peasant Native Autonomies in Bolivia; the circunscripciones in Ecuador; the indigenous municipalities in Venezuela; the indigenous autonomies of Mexico; the mainly aboriginal territory of Nunavut in Autonomous indigenas the reformed autonomy of Greenland from Denmark; the Panchayat system in India; and the Toroko Nation in Taiwan.
This categorisation, however, is most probably not exhaustive and there may be substantial overlapping. For instance, one may argue that also in Panama, Bolivia and Ecuador there were past arrangements, e. Despite some limitations, this suggested subdivision tries to classify these experiences looking at how autonomous indigenas of autonomous indigenas autonomies have been framed and regulated by each domestic legislation actually in force.
No international binding treaty recognises a right to autonomy Heintze13; Skurbatyxxxvii neither for regions nor for specific groups.
Regrettably, these forms of legally recognized indigenous terrestrial autonomies face huge implementation difficulties autonomous indigenas of their legal or, in some cases, even constitutional guarantees. The implementations problems may be due both autonomous indigenas a lack of political will, and to the competing economic interests over the natural resources found on these territories.