CPLE et protocoles de consultation autochtones au Brésil

Montambeault, Françoise; Silva, Liana Amin Lima da; Joca, Priscylla

doi:10.7202/1070757ar

Cited by 2 publications

(2 citation statements)

References 8 publications

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“…One practical way Indigenous communities have been doing that is by creating Protocols for Consultation and Consent based on their own laws and traditions (Montambeault et al 2019). For instance, the Juruna people of the Xingu River created their Consultation and Consent Protocol based on their laws and traditions after their experience with the approval of the Belo Monte mega hydro dam in 2015, which did not involve proper respect for their right to self-determination, as they understand it as part of their constitutional rights.…”

Section: Decolonization As Decolonialitymentioning

confidence: 99%

The Pandemic’s Golden Touch: (Neo)Extractivism, Coloniality, and Necropolitics on Brazil’s Indigenous Territories

Macias Gimenez

2023

Can. j. law soc.

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Mining has been at the forefront of coloniality for hundreds of years in Brazil, representing one of the main threats to the integrity and health of Indigenous lands. The 1988 Brazilian Constitution recognized Indigenous peoples’ rights to the lands they occupy, and their natural resources, according to their traditions, uses, beliefs, and practices. Constitutional provisions, however, have not impeded governments and lawmakers from actively enabling extractive activities in Indigenous territories and their surroundings. Recently, the Bolsonaro government proposed a package of laws and policies to legalize mineral exploitation on Indigenous lands, using the economic uncertainties generated by the COVID-19 pandemic as a justification. However, this action must be explained through the paradigms (or philosophical frameworks) of the extractive economy and coloniality of power, operationalized by necropolitics. The article’s main argument is that the Constitution requires the government to engage in practices of decoloniality that express Indigenous legal traditions. Even though a newly elected government has been revoking many of Bolsonaro’s proposals, the paradigms of the extractive economy and the coloniality of power have a profound, structural influence on the Brazilian legal and political systems and must be challenged by a revival of decolonial ways of thinking and acting.

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Section: Decolonization As Decolonialitymentioning

confidence: 99%

The Pandemic’s Golden Touch: (Neo)Extractivism, Coloniality, and Necropolitics on Brazil’s Indigenous Territories

Macias Gimenez

2023

Can. j. law soc.

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“…135 Although Brazil has been on a clear trajectory to exclude indigenous laws from the decision-making tables, indigenous peoples have been resurging and pressing for the recognition of and respect for their legal orders and governance systems. 136 Many indigenous communities have created their protocols for free, prior and informed consultation and consent, defining how the state should interact with the communities in environmental decision making, including respect for indigenous institutions, collective deliberation and traditions, indigenous communities' timelines and places for consultation meetings. Those protocols are a contemporary expression of existing indigenous legal and governance regimes.…”

Section: Recognition Of Indigenous Peoples and Legal Ordersmentioning

confidence: 99%

Making space for indigenous law in state‐led decisions about hydropower dams: Lessons from environmental assessments in Canada and Brazil

Gimenez

2022

Rev Euro Comp Intl Enviro

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The article examines the environmental impact assessment of hydropower dams as an opportunity for applying indigenous laws. Although indigenous laws of affected communities exist and have guided the management of land and natural resources for millennia, they have not yet occupied a significant place in state-led decision making. Consequently, decisions to approve dams, based on state laws and officials' discretionary power, affect indigenous peoples in distinct and profound ways. The analysis is based on the comparison between two decision-making processes-Site C (Canada) and Belo Monte (Brazil) dams. The methodology includes the application of principles from the environmental justice literature, the analysis of interviews, case law and legislation. The article concludes that environmental justice for indigenous peoples in environmental decision making of projects with significant impacts, such as large dams, requires recognizing and making institutional spaces for implementing indigenous laws. | INTRODUCTIONLarge hydroelectric projects have been the focus of heated debate for decades globally, especially considering the effects of damming rivers on socio-ecological systems. 1 Indigenous peoples' close connection with and reliance on the rivers, lands, and ecosystems make those communities vulnerable to environmental degradation. 2 Taking up indigenous land, adverse effects on fish population and fish habitat and mercury accumulation in reservoirs are a few examples of impacts with profound implications for indigenous communities. 3 Concurrently, the processes that states adopt to assess the impacts and decide about dams often exclude the most affected people. 4 Many large dams from the mid-20th century in operation today have been built without environmental impact assessment (EIA). Indigenous and traditional peoples have consistently questioned the processes of consultation that integrate the decision making. Government agencies responsible for assessing dams do not substantively and 1

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CPLE et protocoles de consultation autochtones au Brésil

Cited by 2 publications

References 8 publications

The Pandemic’s Golden Touch: (Neo)Extractivism, Coloniality, and Necropolitics on Brazil’s Indigenous Territories

The Pandemic’s Golden Touch: (Neo)Extractivism, Coloniality, and Necropolitics on Brazil’s Indigenous Territories

Making space for indigenous law in state‐led decisions about hydropower dams: Lessons from environmental assessments in Canada and Brazil

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