35 Denv. J. Int'l L. & Pol'y 413 (2006-2007)
Globalization, Communities and Human Rights: Community-Based Property Rights and Prior Informed Consent

handle is hein.journals/denilp35 and id is 419 raw text is: GLOBALIZATION, COMMUNITIES AND HUMAN RIGHTS:
COMMUNITY-BASED PROPERTY RIGHTS AND
PRIOR INFORMED CONSENT
DANIEL BARSTOW MAGRAW
LAUREN BAKER1
I. INTRODUCTION
Globalization is placing increasing stress on individuals and communities,
particularly in rural areas in developing countries. Increased trade and other
economic activities, for example, result in higher demand for wood and other
forest products, oil and other minerals, fish products, arable land, etc. - resources
that indigenous and other local communities often depend upon for their
livelihoods and cultures. Large-scale development projects such as dams, mines
and highways often displace local populations, exploit their natural resource base,
and interfere with or destroy their livelihoods and cultures.2 Even new protected
areas such as national parks - terrestrial and maritime - often displace local
populations or restrict their access to land and resources on which they
traditionally rely.3
Local communities often are unable to protect themselves in the face of these
pressures.   There are various reasons for their vulnerability, ranging from
limitations in resource mobilization or technical expertise to more structural issues
of political opportunity and power dynamics. Many communities lack knowledge
or experience in mobilizing resources to defend their rights, such as technical,
scientific or legal expertise, or other helpful skills such as how to use the media.
At the most basic level, communities may not have access to a base of resources,
1. Daniel Magraw is President of the Center for International Environmental Law (CIEL),
Washington, DC and Geneva, Switzerland. Lauren Baker is a Program Associate at CIEL in the Law
and Communities and Human Rights and Environment programs. The authors gratefully acknowledge
the germinal work on CBPRs done by Owen Lynch (widely and accurately credited as the progenitor of
CBPRs) and on PIC by Anne Perrault, as well as specific input on this article by each of them and by
Jaesa McLin and Julie Locasio.
2. See, e.g., JOAN MARTINEZ-ALIER, THE ENVIRONMENTALISM OF THE POOR (Edward Elgar
Publishing, 2002).
3. See, e.g., Mac Chapin, A Challenge to Conservationists, 17(6) World Watch. 17, 17-31
(2004); COLIN M. TURNBULL, THE MOUNTAIN PEOPLE 20-32, 129-39 (1972) (recounting how the
society of the Ik people was destroyed as a result of their having been denied access to their traditional
lands after the creation of Uganda's Kidepo Valley National Park).

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