About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

17 Braz. J. Int'l L. 440 (2020)
Indigenous Refugees and Cultural Erosion: Possibilities and Limits of International Refugee and Indigenous Peoples Law in the Protection of Indigenous Cultural Expressions Related to Traditional Land and Native Language

handle is hein.journals/brazintl17 and id is 1356 raw text is: Indigenous refugees and cultural erosion: possibilities and limits of international refugee and indigenous peoples law in the protection of indigenous cultural expressions related to traditional land and native language* ~Refugiados indigenias e erosio cutturak: possibdades e n lrites do dreio rnternaciona das pOvOs ndigcnas e dos refugados nla Rickson Rios Figueira** Abstract This article investigates whether the legal frameworks of international refu- gee and indigenous peoples law can protect indigenous groups in a refugee situation. It questions if these regimes' main instruments are able to offer effective protection to indigenous refugees in a way that safeguards their cultural specificities, particularly those related to their language as a cultural expression and a way of organizing reality, and the ones derived from the bond with their traditional lands. As a method, the article first introduces the concepts and problems that arise when thinking indigenous culture in relation to the two dimensions of analysis, land and language, and then scru- tinizes the legal solutions available in the referred frameworks, evaluating the conditions of their applicability to the situation of indigenous refugees. For this examination, it first deduces a concept of indigenous refugee from international legal studies and instruments. The following section explains the mandatory density of the applicable rules, especially those found in soft law instruments. It proceeds to analyse the impact of the indigenous refugee condition to their cultural expressions to identify the norms that provide its protection. This phenomenon is studied in two scenarios: the indigenous re- fugee's insertion, under precarious conditions, to urban contexts as a conse- quence of their uprooting from traditional lands; and the linguistic cultural erosion in the host State. The article concludes that, despite the existence of norms that offer some protection, they prove insufficient for the preser- vation of indigenous refugees' cultural expressions in face of the profound vulnerability of their condition. Keywords: Indigenous peoples. Refugees. Cultural protection. Indigenous lands. Indigenous languages.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most