CiNii Books - The elusive promise of indigenous development : rights, culture, strategy

Around the world, indigenous peoples use international law to make claims for heritage, territory, and economic development. Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences. Conceiving indigenous rights as cultural rights, Engle argues, has largely displaced or deferred many of the economic and political issues that initially motivated much indigenous advocacy. She contends that by asserting static, essentialized notions of indigenous culture, indigenous rights advocates have often made concessions that threaten to exclude many claimants, force others into norms of cultural cohesion, and limit indigenous economic, political, and territorial autonomy. Engle explores one use of the right to culture outside the context of indigenous rights, through a discussion of a 1993 Colombian law granting collective land title to certain Afro-descendant communities. Following the aspirations for and disappointments in this law, Engle cautions advocates for marginalized communities against learning the wrong lessons from the recent struggles of indigenous peoples at the international level.

Table of Contents

Acknowledgments ix Introduction 1 Part I. International and Transnational Indigenous Movements 1. Setting the Stage for the Transnational Indigenous Rights Movement: Domestic and International Law and Politics 17 2. Indigenous Movements in the Americas in the 1970s: The Fourth World Movement and Pan-indigenism 46 3. International Institutions and Indigenous Advocacy in the 1980s and 1990s: Self-Determination Claims 67 4. International Indigenous Advocacy in the 1980s: Following the Model of a Human Right to Culture 100 Part II. Human Rights and the Uses of Culture in Indigenous Rights Advocacy 5. Culture as Heritage 141 6. Culture as Grounded in Land 162 7. Culture as Development 183 Part III. Indigenous Models in Other Contexts: The Case of Afro-Colombians 8. The History of Law 70: Culture as Heritage, Land, and Development 223 9. The Periphery of Law 70: Afro-Colombians in the Caribbean 254 Conclusion 274 Notes 279 Bibliography 349 Index 383

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The elusive promise of indigenous development : rights, culture, strategy

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