ABSTRACT

The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research.

The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law and designing new instruments.

Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.

part I|59 pages

Changing identities and cultures

chapter 2|19 pages

Indigeneity vs development

Nubian rights mobilisation in Egypt

chapter 3|19 pages

Politics of oneness and Twa’s struggle for land

Questioning identity discourses in Rwanda

chapter 4|19 pages

The impact of migration processes on indigenous peoples’ rights

Challenges for identity and culture

part II|51 pages

Innovating the law

chapter 6|26 pages

Protecting traditional cultural expressions

Copyright tensions and human rights opportunities?

part |41 pages

Part II.B Creating space for counter-narratives within international law

chapter 7|21 pages

Indigenous peoples’ involvement in the REDD+ global debate

Case study from the Amazon basin

chapter 8|18 pages

The rights of indigenous peoples in the jurisprudence of the Inter-American Court of Human Rights

A ‘Third World Approaches to International Law’ assessment to advance their protection in the Inter-American Human Rights System