Crítico artículo sobre jurisprudencia de la Corte IDH respecto a pueblos indígenas

En el portal Social Science Research Network, Julio C. Colon publicó el artículo titulado The Rights of Tribal Peoples According to the Inter-American Court of Human Rights and Use of Convention 169 of the International Labour Organization.  Este es el abstract:

“Currently, the Court makes use of Convention 169 concerning Indigenous and Tribal Peoples (“Convention 169”) of the International Labor Organization (“ILO”) in order to examine issues of indigenous rights.  However, the path that it has taken on some of the issues that pertain to the ILO jurisprudence are contradictory, or at least will lead to inconsistent results within the system.  Lack of specificity as to the meaning of consultation with indigenous peoples and use of Convention 169 in a narrow manner has led to results that are essentially long-term provisional measures.  For example, the Court has not refined the right to profit from natural resources and furthermore, the treatment of indigenous and tribal groups in regard to natural resources does not differ greatly from that of ordinary citizens.  The Court does not elaborate on the relation of the right to property and the right of groups to determine the destiny of their own culture and way of life according to the terms that they may find suitable.  The Court must reevaluate its intention in protecting the right to property.”