Item request has been placed! ×
Item request cannot be made. ×
loading  Processing Request

Implementing Human Rights in Afro-Descendant Communities in Colombia and Nicaragua: An Analysis of Selected Human Rights Claims at the Intersection of Legal Orders

Item request has been placed! ×
Item request cannot be made. ×
loading   Processing Request
  • Additional Information
    • Contributors:
      Rodriguez-Pinzon, Diego (Thesis advisor); Martin, Claudia (Other); McInerney-Lankford, Siobhan (Other)
    • Publication Information:
      American University
    • Publication Date:
      2020
    • Collection:
      AU Digital Research Archive (American University)
    • Abstract:
      This dissertation examines the human rights claims of two Afro-descendant communities, namely the community of Tierrabomba in Colombia and the community of Orinoco in Nicaragua. It analyzes how these human rights claims are protected in international human rights and domestic legal systems and in practice. This dissertation demonstrates that there is not one legal framework applicable to all Afro-descendant communities due to the cultural, economic, ethnic, and linguistic diversity of this population group. There is a need to tailor the nature and scope of the relevant international and domestic legal protections to the specific circumstances of the communities and their territorial States in order to adequately protect their legal claims. A locally focused approach is necessary to highlight the gaps in the different legal orders applicable to Afro-descendants and to shed light on the effectiveness of the relevant legal norms on the ground. To demonstrate this argument, this dissertation employed a multi-method approach, combining legal doctrinal research with a field study in the communities concerned. Field research revealed the communities’ human rights claims and living conditions. Through the doctrinal legal research, this dissertation analyzed the exact nature and scope of the relevant international human rights provisions and their incorporation into the domestic legislations of Colombia and Nicaragua. It then compared these international and domestic legal frameworks with the realities in the communities concerned to identify any gaps in implementation.This dissertation found that the applicable international human rights law and legal systems of Colombia and Nicaragua only partially protect the human rights claims of the communities concerned, and any protection implemented on the ground is ineffective. The communities concerned demand use of their ancestral land, access to justice, and other fundamental rights to protect their community-oriented way of life. The legal analysis showed that the ...
    • File Description:
      pages: 347
    • Relation:
      local: Aebersold_american_0008E_11603.pdf; http://hdl.handle.net/1961/auislandora:85307
    • Online Access:
      http://hdl.handle.net/1961/auislandora:85307
    • Rights:
      Open access ; 2020-06-13 11:39:10
    • Accession Number:
      edsbas.2087D27F