The Rule of Law, Development and Democracy in Latin America, 2024
This chapter examines how the IAHRS has navigated the tensions between the protection of local co... more This chapter examines how the IAHRS has navigated the tensions between the protection of local communities, particularly indigenous people, and large-scale extractivism promoted and supported by governments. It explores the transnational dimensions affecting the governability for development by examining the IAHRS’s engagement with conflicts arising from tensions and trade-offs generated by development projects affecting indigenous and local interests and rights. It is divided into three main parts. The first part provides a contextual overview of extractivist trends in Latin America with the aim to identify the main drivers of extractivism in the region and how they affect local communities, including indigenous people. The second part discusses how the IAHRS has engaged with the human rights implications of extractivism in Latin America, with specific focus on the development of what we term a tripartite regulatory framework emphasising the obligations of states to ensure the effective participation of affected communities; to elaborate a prior and independent environmental and social impact assessment; and to ensure the sharing of reasonable benefits with affected communities. The third part develops a tentative assessment of the effectiveness of the IAHRS in its engagement with the human rights implications of extractivism.
The Rule of Law, Development and Democracy in Latin America, 2024
This chapter examines how the IAHRS has navigated the tensions between the protection of local co... more This chapter examines how the IAHRS has navigated the tensions between the protection of local communities, particularly indigenous people, and large-scale extractivism promoted and supported by governments. It explores the transnational dimensions affecting the governability for development by examining the IAHRS’s engagement with conflicts arising from tensions and trade-offs generated by development projects affecting indigenous and local interests and rights. It is divided into three main parts. The first part provides a contextual overview of extractivist trends in Latin America with the aim to identify the main drivers of extractivism in the region and how they affect local communities, including indigenous people. The second part discusses how the IAHRS has engaged with the human rights implications of extractivism in Latin America, with specific focus on the development of what we term a tripartite regulatory framework emphasising the obligations of states to ensure the effective participation of affected communities; to elaborate a prior and independent environmental and social impact assessment; and to ensure the sharing of reasonable benefits with affected communities. The third part develops a tentative assessment of the effectiveness of the IAHRS in its engagement with the human rights implications of extractivism.
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Chapters by Edward Perez