martes, 5 de abril de 2011

Nuevo artículo sobre reparaciones a pueblos indígenas

En la revista Minnesota Journal of International Law No. 20, Sean BURKE publicó el artículo Indigenous Reparations Re-Imagined: Crafting a Settlement Mechanism for Indigenous Claims in the Inter-American Court of Human Rights”, este es el abstract:
"Since the advent of the Inter-American Commission of Human Rights (IACHR/ "the Commission") and the Inter-American Court of Human Rights (IACtHR/ "the Court"), these two organs of the Organization of American States (OAS) have addressed human rights promotion and protection in the member States of the OAS. Together, the IACHR and the IACtHR comprise the Inter-American System (IAS). For over twenty years they have been developing legal theories focused on the plight of indigenous populations within the region of the American States. While the IACtHR has found in claimants' favor in indigenous claims of property rights, protection under the law, and right to life, the history of reparations reveals an inconsistency in the provision of adequate compensation for these claims.
Currently, the IAS faces difficulties ensuring justice for indigenous claimants. Often, the IAS responds to claims in an untimely fashion and the abuses in the original claim generally continue to occur even after favorable judgments. The IAS needs new strategies in order to address these two threats to indigenous claimants' access to justice.
At the same time, the IAS recognizes that the influx of new claims has hampered the adjudicative bodies' effectiveness to address the claims. One proposal to deal with this problem is the increased use of friendly settlement mechanisms. A variety of factors suggest that such mechanisms will become important tools for improving the effectiveness of all regional human rights bodies, including the IAS. While the IAS has yet to decide on a comprehensive settlement mechanism, improving the use of indigenous reparations claims by borrowing aspects of other settlement techniques provides one avenue for better efficiency and justice.
Part I of this Note describes the hurdles facing indigenous claimants in the IAS, while Part II introduces tools of international dispute resolution. Part III of this Note lays out the broad foundations for using such tools to transform indigenous reparations into a type of friendly settlement mechanism and explains how such a mechanism provides a better method of resolving indigenous property rights claims in the IAS than the current system."

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