POLI 422 Lecture Notes - Lecture 20: Self-Determination, Oil Sands, Rodolfo Stavenhagen

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2 Oct 2014
Lecture 20
Tuesday, April 1, 2014
Legal Pluralism
Self determination brings about issues of legal pluralism
We have a number of legal systems that co-exist
LP: use of customary indigenous law may conflict with legal norms of the state. How
to deal with it?
oSeen as limiting individual freedoms in the name of traditional community
oIn Bolivia, frequent lynchings are causing legal confusion (video on YouTube)
Lynchings – alternative punishments that we see the state should not do
oThe story in the video has a different justification for it
oLynching is not part of the indigenous legal system  it happens because of
ineffective powers of the state, policing, etc. and therefore it is justified
through the communitarian lens because the other systems do not work
oWe see that lynching doesn't happen only in indigenous communities
Argentina – people found stealing were lynched by the neighbours and
2 were killed
An 18 YO stole a purse and they kicked him to death
With legal pluralism there are often too many actors involved and it becomes very
hard to prosecute cases, especially in indigenous communities when there is a
communitarian aspect and a state legal perspective
Colombian indigenous justice video
Issues of natural resources is key to indigenous peoples, why?
oRural settings
oReliance on agriculture
oSet of beliefs related to mother earth
oEcuadorians and mining
Video mentions the immediate benefits of the job versus the long term
problems for the environment
Carrera says it would bring jobs but who knows about the
sustainability of these jobs
oA lot of companies go to certain countries to exploit natural resources because
of new technologies
Tar sands will move south eventually
Political Participation and Representation
What to do about indigenous issues?
Traditional way to represent interests: political system
Rodolfo Stavenhagen (2002) although there are more congress membres who are
indigenous, there is no pattern of ethnic voting or ethnic political parties
This appears to be no longer the case in a number of countries in Latin America
Relative success of indigenous parties in Peru, Ecuador and Bolivia
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