LA DECONSTRUCCIÓN DEL CONCEPTO DE PROPIEDAD. UNA APROXIMACIÓN INTERCULTURAL A LOS DERECHOS TERRITORIALES INDÍGENAS

Abstract

The aim of this article is to design the contents of the threefold topic indigenous peoples-habitat-territory, from a decolonizing perspective. From this starting point the topic confronts the complicated challenge of intercultural dialogue. The work is in four sections: a) Terminological clarifications of the subject under discussion; what is understood by territoriality, natural resources, and biodiversity in the indigenous peoples’ logical frame, and how these concepts are understood differently by Western law; b) Critical analysis of indigenous claims in multilateral environmental treaties that have irrupted recently, but from the methodological perspective of indigenous peoples’ rights; c) Controversial central elements in the very exciting intercultural dialogue, such as indigenous territoriality; d) Summary of several precedents developed by the Human Rights Inter-American Court and Commission, which may be a first step towards an intercultural law, latent in different reports and decisions made by both legal institutions.