- Indigenous peoples — Race — Collective rights — Natural resources
This chapter covers the inter-American system’s jurisprudence and actions to monitor, protect, and promote the rights of indigenous, tribal, and afro-descendant communities of the Americas. It begins with a survey of the development, scope, and purpose of the definition of indigenous communities and tribal peoples in the Inter-American system. It then considers three Court cases from Colombia and Guatemala addressing racial discrimination, assassination, and mass murder against indigenous peoples to examine the depth of ongoing, systemic violence and the obligations states owe to their indigenous communities. Next, it turns to the situation of and protections for indigenous territories in the Inter-American system, highlighting the holding and impacts of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua case in which the Court affirmed an indigenous community’s collective right to land and natural resources under the American Convention.
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