Addressing how indigeneity in Bolivia is actualised in social mobilisation as well as by the Morales regime, Fabricant and Postero’s chapter examines the different ways in which indigeneity is performed and represented. Focusing on protests against the construction of a highway through indigenous territories, they consider how performance can play a central role in what they call moral reflection about indigeneity, gender, and the articulation of alternative social worlds. Using the concept of ‘ethical substance’, the authors explore how, through performance, indigeneity serves as a central site of moral reflection and conduct. In so doing, they show how protests and performance also call into question the legitimacy of the Morales government’s claim to stand for all indigenous peoples. The chapter demonstrates how distinct actors can claim access to indigeneity, and that multiple actors perform indigeneity to push through their own ethical and political agendas.
Environmental protection and the struggle over natural resources have long been of major concern for indigenous peoples all over Latin America. Notwithstanding the increasing incisiveness of international indigenous rights standards, indigenous peoples have still very limited access to natural resources, or to benefits deriving from them. Nonetheless, the recent ratification by Chile of the ILO Convention No. 169 is having a remarkable, positive impact. In 2009, the Court of Appeal of Temuco and the Supreme Court of Chile blocked a logging exploitation in indigenous territories (Machi Francisca Lincolao v. Forest Enterprise Palermo, sent. 1773-2008 dated 16 September 2009, confirmed by the Supreme Chilean Court on 30 November 2009, sent. 7287-2009) applying the ILO Convention No. 169.Other similar cases followed. These and other actions put forward by indigenous peoples' movements in Chile, especially Mapuche, seem to be a direct consequence of an increasing awareness of indigenous peoples' rights and the possibility to raise their voice and be heard within the civil society and at the international level. All the frustration against a legal system which is not responding to indigenous peoples' demands is now flowing into new movements. This article, therefore, seeks to analyze the impact on indigenous peoples' movements and the rise of new conflicts linked to the claims over natural resources and land rights in current Chile. The aim is thus to illustrate the interrelation between the Chilean inadequate legal framework, and the claims, conflicts and the self-empowerment of indigenous movements also in the Cono Sur.
This article argues that the (Western-oriented) right to religion has been proven inadequate in protecting Indigenous Peoples’ rights. It recognizes that this is partly because of the distinctive characteristics of Indigenous religions, which differ from other dominant religions, but also because of the way in which religion has been used by colonialism with dramatic effects on Indigenous Peoples and their beliefs, spiritualities, and worldviews. The article focuses on Latin America to argue further that in addition to colonialism, the early Constitutions also attacked Indigenous religions. As Indigenous rights are more acknowledged in Latin America, we take this region as an excellent, albeit painful, example of how Indigenous religions have been pushed aside even in the most positive contexts. The article uses the constitutional and legal arrangements in Latin American states, mainly Ecuador and Bolivia, to critically assess the protection that these favorable to Indigenous Peoples legal systems’ guarantee to Indigenous rights despite a persistent implementation gap. Also, this article highlights the weaknesses of the international system in mitigating the manifold threats that Indigenous Peoples have to face on a daily basis in their struggle to maintain and transmit their religions and spirituality, including the assault of other religions and sects into their communities and the so-called neo-extractivism. The article finally draws some concluding remarks and recommendations on how to improve the freedom of and violations from religion(s) of Indigenous Peoples in the context of Latin America as well as international law more broadly.
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