As organizações internacionais e a proteção dos direitos dos indígenas no âmbito do Direito Internacional: especial referência ao sistema interamericano de direitos humanos e ao direito brasileiro

The purpose of this article is to analyze the role played by key international organizations, particularly those of the UN and the OAS systems in protecting the rights of indigenous peoples under international law. The method adopted for the preparation of this work is descriptive and analytical, applying document analysis based on primary literature sources, especially those arising in organs of the UN and inter-American systems, mainly the jurisprudence from the Inter-American Court of Human Rights. This article starts with the assumption underlying that international organizations have a preponderant role in the need to safeguard and secure the universality and indivisibility of human rights of indigenous peoples. It is argued further that resolutions and conventions emanating from such organizations are absorbed by national legal order of States members, so that, once these standards internalized by States, they can acquire legal force, beyond moral, in order that their liability is accepted.

EU free movement law and the legal recognition of same-sex relationships: the case for mutual recognition

This article seeks to examine the cross-border legal recognition of same-sex relationships in the EU. Although the Member States maintain an exclusive competence in the field of family law and, thus, it is up to them to determine whether they will provide a legal status to same-sex couples within their territory, they need to exercise their powers in that field in a way that does not violate EU law. This, it is suggested, requires that Member States mutually recognize the legal status of same-sex couples and do not treat same-sex couples worse than opposite-sex couples, if the basis of the differentiation is, merely, the (homosexual) sexual orientation of the two spouses/partners. Nonetheless, the current legal framework does not make it clear that Member States are under such an obligation. The main argument of the article, therefore, is that the EU must adopt a more hands-on approach towards this issue.

Legal and regulatory barriers to effective public-private partnership governance in Kazakhstan

Purpose – The purpose of this paper is to provide a critical assessment of legal and regulatory impediments to effective governance of public-private partnerships (PPPs) in Kazakhstan. Design/methodology/approach – The qualitative study develops propositions from the PPP literature and then tests them against findings from in-depth interviews. Interviewees have been selected by a purposeful sampling from PPP projects in Kazakhstan as well as from national and regional PPP centres. Findings – The identified barriers to effective PPP management include irregularities in the PPP legal framework, such as lack of legal definition of a PPP and controversy with the government guarantee’s legal status for its long-term payments to partnerships; bureaucratic tariff setting for partnership services; non-existent opportunity for private asset ownership; and excessive government regulation of PPP workers’ wage rates. Practical implications – The partners’ opposing perspectives on a number of PPP issues show that management needs to identify and carefully reconcile stakeholder values in a partnership in order to achieve more effective PPP governance. Practitioners, particularly those in the public agencies, have to be concerned with ways to reduce the government overregulation of the private operators, which is likely to result in greater PPP flexibility in management and, ultimately, higher efficiency in delivering the public services. Originality/value – By elucidating multiple examples of overregulation and PPPs’ inefficiency, the paper demonstrates that the government dominance in PPP management is conceptually inappropriate. Instead, the government should adopt the concept of co-production and manage its relations with the private sector partner in a collaborative fashion.

Actitudes hacia la lengua náhuatl : Un estudio sociolingüístico con jóvenes de la Ciudad deMéxico.

Nahuatl is one of the indigenous languages in Mexico that is at risk of falling out of use. The research in the last years have showed that this occurs due to the low amount of Nahuatl speakers and the social stigma and discrimination towards the indigenous peoples, among other factors.The studies of language attitudes are relevant when making attempts to revitalize a language. As Mexico City authorities have considered to implement a revitalization project, we wanted to approach the real situation of Nahuatl in that city. Our purpose was to measure the attitudes of young people towards this language. By using a direct method –a questionnaire- we asked two groups of students if they agreed or disagreed with some items about Nahuatl and its speakers. One group had contact with Nahuatl speakers and but not the other one. We compared the results and they showed that the students who have contact with Nahuatl have more positive attitudes than those who don’t have any contact with it. This study also revealed that the reason why the first group showed positive attitudes was solidarity with the Nahuatl speakers. However, the both groups considered that speaking or learning Nahuatl cannot contribute to raise their status in the Mexican society.

Children's status and children's rights, historically and cross-culturally

In this thesis, my goal is to construct a vision of an ideal setting for children. By examining different ways of thinking about children and childhood, and by considering different approaches which have worked or do work practically, I will seek to envision something better for children. Trying to reach a better context for children will also include an inherent criticism of current conditions. Based on these criticisms, I will identify the elements that I believe can contribute to an ideal setting in which children can not only lead safe, healthy and happy lives, but also develop their own unique potential. The discipline of the history of childhood as well as cross-cultural studies show the relativistic nature of childhood. The concept of childhood, expectations of children, and societal roles for children have changed drastically over time and differ across cultures today. Children's advocates and the children's rights movement both reflect and promote changes in the context of childhood. As attitudes about childhood change, efforts arise to bring reality into line with the new ideals and images. Efforts toward improving children's rights also spread new ideas about children through the society.

The Rights of Indigenous Children

While children in general are overrepresented among those living in poverty, a long history of discrimination and exclusion has ensured that indigenous children in Latin America and the Caribbean are in an even worse position. In the general population 63% of children aged under 18 years live in poverty, as measured by privation of the basic rights to well-being; however, that figure is as high as 88% among indigenous children in the same age group. This is a violation of these children's rights —including their rights to survival and development— and entails high costs for society in terms of productive capacity and social inclusion. That is the thrust of the argument in the central article of this issue of Challenges, which focuses on poverty among indigenous children. The data show a pattern of inequality that is highly detrimental to indigenous children: they make up a disproportionate number of those living in extreme poverty and are three times more likely to lack access to education, safe drinking water and housing than other children. It is a matter of particular concern that in the countries of the Andean Community 5 of every 10 indigenous children under the age of 5 years suffer from chronic malnutrition.This edition includes brief testimonies by indigenous children as to what their life is like; an interview with Marta Maurás, Vice-Chairperson of the United Nations Committee on the Rights of the Child, on the international mechanisms in place to safeguard the rights of indigenous children; and, lastly, an article on the Uantakua programme in Mexico, which uses information and communication technologies in bilingual schools with large indigenous populations.

Guaranteeing indigenous people's rights in Latin America. Progress in the past decade and remaining challenges. Summary

As the twenty-first century advances, the countries of Latin America are building deeper democracies and looking critically at the development process, in the growing conviction that development should focus on equality and be approached on the basis of rights. This means tackling the region’s persistent inequalities, especially those affecting indigenous peoples, who have historically suffered exclusion and discrimination. It also means guaranteeing indigenous people both the enjoyment of human rights on an equal footing to the rest of society, and the right to be collectively different. This is a challenge for this century, which began with the recognition of the rights of indigenous people and the role they unquestionably play on national and international agendas.

Educação escolar Kyikatêjê: novos caminhos para aprender e ensinar

A educação escolar para povos indígenas serve historicamente aos propósitos colonizadores de integração e assimilação à sociedade hegemônica. A partir do protagonismo de lideranças indígenas e das conquistas legais inscritas na Constituição Federal de 1988, na Lei de Diretrizes e Bases da Educação Nacional (LDB- Lei 9.394/96) e na Convenção 169 da Organização Internacional do Trabalho (OIT), a escola indígena passa a se constituir espaço privilegiado e estratégico de diálogos interculturais, onde se trabalham tanto os conhecimentos tradicionais, como os demais conhecimentos requeridos pelos interessados à qualificação de quadros técnicos e políticos na/para o movimento indígena. Na dissertação, apresenta-se a trajetória histórica do povo Kyikatêjê, desde o atual estado da Maranhão até a Reserva Indígena Mãe Maria, na região Sudeste do estado do Pará. Trabalha-se a apropriação de direitos à educação escolar pelos Kyikatêjê que no exercício da autonomia e da autodeterminação constroem no espaço da escola Tatakti Kyikatêjê os rumos da educação escolar que se constitui, hoje, em instrumento de luta face à negação e não-efetividade de direitos. Contextualizam-se as estratégias de lideranças e parceiros dos povos indígenas no enfrentamento cotidiano pela efetivação do direito à educação escolar nos diversos níveis de ensino, conforme a demanda pela preparação de quadros para atuar na defesa e promoção de direitos relativos aos territórios, à educação de qualidade nas aldeias, à saúde e à sustentabilidade econômica frente às históricas ameaças. Tais estratégias correspondem ao esforço de se instituir e manter-se Kyikatêjê.

United States v. Steinmetz: The Legal Legacy of the Civil War, Revisited

One of the enduring and yet unresolved issues concerning the Civil War is its legal nature: Was it an insurrection or an international war? During the war and since, the United States courts have repeatedly been called upon to determine the status of property which was under the control of the Confederacy and its agents during the Civil War. In the process of making such determinations, the courts have reopened questions about the war's legal status. United States v. Steinmetz is such a case.

Waist circumference and waist circumference to height ratios of Kaingáng indigenous adolescents from the State of Rio Grande do Sul, Brazil

The aim of this study was to describe the distribution of waist circumference (WC) and WC to height (WCTH) values among Kaingáng indigenous adolescents in order to estimate the prevalence of high WCTH values and evaluate the correlation between WC and WCTH and body mass index (BMI)-for-age. A total of 1,803 indigenous adolescents were evaluated using a school-based cross-sectional study. WCTH values > 0.5 were considered high. Higher mean WC and WCTH values were observed for girls in all age categories. WCTH values > 0.5 were observed in 25.68% of the overall sample of adolescents. Mean WC and WCTH values were significantly higher for adolescents with BMI/age z-scores > 2 than for those with normal z-scores. The correlation coefficients of WC and WCTH for BMI/age were r = 0.68 and 0.76, respectively, for boys, and r = 0.79 and 0.80, respectively, for girls. This study highlights elevated mean WC and WCTH values and high prevalence of abdominal obesity among Kaingáng indigenous adolescents.

Cosmologies and Regionalisms from "Above' and "Below' in the Post-Cold War Americas: the Relevance of Karl Polanyi for the 21st Century

Drawing on a Polanyian analysis of the land question, this article aims to analyse both Western and Indigenous cosmologies of Abya Yalathe name that indigenous peoples give to the American continentto understand the relationship between human beings and land and nature. These cosmologies are at the heart of the way in which two distinct societies construct their regional space, one from above', the other from below', and they are therefore key to understanding today's climate change problematique. Following this nexus it is argued that, since the end of the Cold War, a new regional double-movement', unleashed by the quest for land and natural resources has been in the making. This is a superstructural or legal battle between Western transnational regime-making and a law that originated at the centre of the Earth'. The article explains both regionalisms and the dialectical interaction between them and demonstrates that Karl Polanyi's legacy remains relevant for the 21st century.

Intellectual Property and Traditional Cultural Expressions in a Digital Environment

In the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples' values and provide for the sustainability of TCE.This book will appeal to scholars interested in multidisciplinary analyses of the fragmentation of international law in the field of intellectual property and traditional cultural expressions. It will also be valuable reading for those working on broader governance and human rights issues.

Intellectual Property and Traditional Cultural Expressions in a Digital Environment. Preface

In the face of increasing globalisation, there is a pressing need for innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) that also suggest appropriate protection mechanisms for them. The book to which this preface belongs combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. It reflects also upon the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer some opportunities for revitalising indigenous peoples' values and provide for the sustainability of TCE.

Indigenous land reconfiguration and fragmented institutions: a historical political ecology of Tsimane’ lands (Bolivian Amazon)

Lands inhabited by indigenous peoples often have low population density but abundant natural resources. For those reasons, many actors have historically attempted to occupy those lands or use the resources in them. Increasing pressures over lands occupied by indigenous peoples have resulted in the awakening of indigenous peoples over their rights to land and resources generating many debates over indigenous peoples' rights to land and self-governance. In this article, we provide a historical and geographical overview of territorial and governance issues among the Tsimane', an indigenous group native to the Bolivian Amazon. We examine how the Bolivian state economic policies implemented during the 20th century affected the Tsimane' ancestral lands, and how – over the late-20th century – the Bolivian state accommodated Tsimane' claims to lands in between multiple interests. We show how national policies led to the reconfiguration of Tsimane' territoriality and to a fragmented institutional representation. Current indigenous territories and indigenous political representation are an expression of conflictive policies that have involved multiple actors and their specific interests on indigenous lands and its resources.

Lineamientos para el mejoramiento del hábitat de una comunidad indígena de Tucumán : intervención en un proceso de reconstrucción histórica, cultural y social

El objetivo del proyecto es formular lineamientos base para propuestas de mejoramiento del hábitat en La Angostura en el Valle del Tafí, favoreciendo su actual proceso de desarrollo y fortalecimiento comunitario como pueblo indígena. La Comunidad se encuentra en un proceso de construcción y reafirmación de su identidad como pueblo originario, lo que involucra reivindicaciones ligadas a la preservación de su hábitat, la reconstrucción de su historia, su desarrollo económico, social y el fortalecimiento comunitario en un momento de ocupación descontrolada del territorio por sectores privados para explotar turísticamente la zona; dejando a la comunidad fuera de los procesos de explotación y producción, usando los recursos del área y condenándola a un estado de dominación y dependencia. El 22 de Mayo de 2006 la Convención Constituyente para la reforma de la Constitución de Tucumán incorporó la propuesta de 21 comunidades indígenas que reconoce los derechos como Pueblos Originarios. La Comunidad cuenta con personería jurídica desde el año 2004 y está organizada de acuerdo a las pautas de los pueblos originarios. Un equipo interdisciplinario integrado por profesionales y estudiantes de Arquitectura, Medicina, Historia, Psicología y Psicología Social estudia las condiciones concretas de existencia y el proceso histórico de la comunidad, la migración de jóvenes que no encuentran fuentes de trabajo o estudio, los adultos y viejos que regresan al valle desde la Capital de la Provincia o del País y vuelcan las influencias recibidas, instalando una idea de progreso situada fuera de su pago.