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Part Two The Doctrine and Practice of the Inter-American System, 12 Indigenous and Tribal Peoples’ Rights and the Inter-American System

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzmán, Cecilia Naddeo

From: Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzman, Cecilia Naddeo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 April 2021

Subject(s):
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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