Indigenous Land Rights in the Inter-American System

Substantive and Procedural Law


Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection.

In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.

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Dr. iur. Mariana Monteiro de Matos, LL.M., Max Planck Institute for Social Anthropology (Halle, Germany), is a postdoc fellow at the Law & Anthropology Department. She is a Brazilian lawyer and received her Ph.D. from the University of Göttingen.
Preface and Acknowledgements
Abbreviations of Institutions
Abbreviations of Legal Instruments
List of Illustrations

1 Introduction
1 Subject Matter: Polyversity and Indigenous Peoples
2 Research Objective and Questions
3 Preliminary Matters: on the Concept of Indigenous Peoples
4 Structure of the Book
Cases and Reports

2 General Background of the Inter-American System
1 Overview: the IAHRS and the ADHR
2 Key Legal Instruments and Indigenous Land Rights
3 IAHRS Main Organs and Their Procedures
Cases and Reports

3 First Wave: Individual Indigenous Persons as Holders of Land Rights, 2001–2006
1 An Important Precedent: the Aloeboetoe Case, 1993
2 The Beginning of Communal Indigenous Property
 2.1 Awas Tingni Case, 2001
 2.2 Case Analysis
 2.3 Preliminary Assessment
 3.1 Moiwana Case, 2005
 3.2 Yakye Axa Case, 2005
 3.3 Sawhoyamaxa Case, 2006

4 Interim Conclusions: Protecting Indigenous Property through Individuals
 Cases and Reports

4 Second Wave: Transition toward Indigenous Peoples as Holders of Land Rights, 2007–2011
1 Between Individual and Collective Subjects of Rights
 1.1 Saramaka Case, 2007
 1.2 Case Analysis
 1.3 Preliminary Assessment
2 Toward Collective Legal Subjects: Xákmok Kásek Case, 2010
 2.1 Justifying the Collective Legal Capacity of Tribal and Indigenous Peoples?
 2.2 Advancing the Recognition of the Collective Legal Capacity of Tribal and Indigenous Peoples: the ADRIP
3 Interim Conclusions
1.1 Summary of Chapter 4 and Its Relationship with Chapter 3
1.2 The Inter-American Backdoor Approach
1.3 An International Faux Pas: the Requirement of Individualization of Groups
Cases and Reports

5 Third Wave: Indigenous Peoples as Holders of Land Rights, 2012–2019
1 Recognizing Collective Rights Holders
 1.1 Kichwa of Sarayaku Case, 2012
 1.2 Case Analysis
 2.1 Afro-Descendant Communities Displaced from the Cacarica River Basin Case, 2013
2.2 Kuna and Emberá Case, 2014
2.3 Garífuna of Punta Piedra Case, 2015
2.4 Garífuna of Triunfo de la Cruz Case, 2015
2.5 Kaliña and Lokono Case, 2015
2.6 Xucuru Case, 2018
3 Interim Conclusions
 3.1 Summary of Chapter 5 and Its Relationship with the Chapters 3–4
 3.2 General Effect of the Third Wave on the Inter-American System
 3.3 Contribution to International Human Rights Law: Procedural Corollaries
Cases and Reports

6 Conclusion
Cases and Reports

7 Summaries
1 Portuguese Summary: Resumo em Português
2 Spanish Summary: Resumen en Español
3 German Summary: Deutsche Zusammenfassung

Table of International Legal Instruments
Table of Inter-American Legal Instruments
Table of Cases and Reports

Legal scholars and practitioners interested in the jurisprudence of the Inter-American human rights system on individual and collective property. Anyone concerned with minorities, afro-descendant communities and indigenous peoples.
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