Negotiating chile's entry to nafta: trade and investment issues

In December 1994, the United States, Canada, and Mexico agreed in principle to extend the North American Free Trade Agreement (NAFTA) to Chile at the Summit of the Americas. This paper examines Chile's accession to NAFTA with special reference to key issues in the negotiations. It discusses the rationale for extending NAFTA to Chile from the U.S. and Chilean perspectives. The study also examines how NAFTA negotiators may address issues such as trade and investment rules, technical standards, dispute settlement obligations, intellectual property rights, phase-in periods, and labor and environmental standards.     

The politics of recognition of Crimean Tatar collective rights in the post-Soviet period: With special attention to the Russian annexation of Crimea

This paper examines the process of how Crimean Tatars strived to attain group-differentiated rights since they have returned to their homeland in the early 1990s. Whereas the politics of minority rights were viewed through security lens in earlier literature, we emphasize the significance of cultural constructs in influencing the minority policies, based on qualitative content analysis of “speech acts” of elites, and movement and policy documents. Focusing on the interaction of the framing processes of Crimean Tatars with the Crimean regional government, Ukraine, and Russia, we argue that the “neo-Stalinist frame” has played a major role in denying the rights of Crimean Tatars for self-determination and preservation of their ethnic identity in both pre and post annexation Crimea. The Crimean Tatars counter-framed against neo-Stalinist frame both in the pre and post-annexation period by demanding their rights as “indigenous people”. Ukraine experienced a frame transformation after the Euromaidan protests, by shifting from a neo-Stalinist frame into a “multiculturalist frame”, which became evident in recognition of the Crimean Tatar status as indigenous people of Crimea.     

Can Business Rights Alleviate Group-Based Inequality in Sub-Saharan Africa? Understanding the Limits to Reform

Abstract

Africa’s indigenous minorities face unique constraints, particularly in terms of engaging in even the most basic business activities. They typically lack business rights, but, even where such rights have been extended, they have had scant impact on group poverty. This paper argues that the failure of business rights to meaningfully transform the livelihoods of marginalised minority groups stems from elite capture of resources, dependency on external validation, and a contradiction between a collective problem (group poverty) and an individualist solution (business rights). African states could alter conditions through active pursuit of affirmative action policies, but lack socio-economic and political incentives.     

Indigenous knowledges and development: a postcolonial caution

As a result of the failure of formal top‐down development, there has recently been increased interest in the possibilities of drawing upon the indigenous knowledges of those in the communities involved, in an attempt to produce more effective development strategies. The concept of indigenous knowledge calls for the inclusion of local voices and priorities, and promises empowerment through ownership of the process. However, there has been little critical examination of the ways in which indigenous knowledges have been included in the development process. Drawing upon postcolonial theory, this article suggests that indigenous knowledges are often drawn into development by both theorists and development institutions in a very limited way, failing to engage with other ways of perceiving development, and thus missing the possibility of devising more challenging alternatives.     

Environmental politics in Chile: Legacies of dictatorship and democracy

Standing at the forefront of Latin America's political and economic liberalisation, Chile is held up as a model for the developing world. First in the region to embrace a boldly neoliberal development strategy, Chile's military dictatorship also peacefully gave way to stable, civilian rule and comparative economic success. However, the lens of environmental politics reveals a disturbing underside to the Chilean miracle. Environmental policy, institutions and participation are shaped and constrained by ominous legacies of history, dictatorship, and an economic orthodoxy inimical to sustainability. Democratic rule has opened political space, yet new environmental institutions and procedures exhibit inherited elitist and exclusionary features. Chile's environmental movement likewise demonstrates promise and innovation, but remains grounded in a civil society weakened and atomised by dictatorship and incomplete transition. Still, as the environmental costs of Chile's resource-extractive, export-led development mount, environmental politics may yet present a vital opportunity for social change.     

Gender,Sexuality and the Latin American Left: testing the transformation

This article examines the extent of change under Latin American left governments by assessing their actions on women's and lesbian, gay, bisexual and transgender (LGBT) rights. To provide a historical context, it first offers an overview of the relationship between feminist movements and the left. It then employs a four-country comparison of Brazil, Bolivia, Chile and Venezuela on women's socioeconomic status; feminist state–society relations; women's representation in national decision-making positions; legislation on violence against women; reproductive rights; and sexual rights. It concludes that standard political and economic divisions among the cases do not explain their response to the demands of feminists and LGBT activists. While governments have improved women's status and inclusion, the transformation of gender and sexual power relations remains unfinished.     

From extractivism towards buen vivir: mining policy as an indicator of a new development paradigm prioritising the environment

This article analyses mining policy as an indicator of a larger question: are some Third World governments starting to steer away from plunder ‘extractivism’ towards a paradigm that prioritises the environment? We begin with the cases of El Salvador and Costa Rica, which have major mining bans in place. We then present the results of our research in which we find five other countries with noteworthy mining-policy shifts: Panama, Colombia, Argentina, Chile, and New Zealand. A sixth country, Honduras under President Zelaya, stands as a recent historical case of how sensitive such a policy change can be. A key take-away from our article is that critical development scholars and practitioners need to look more closely at the mining sector – not simply to analyse case studies of specific mining protests and resistances to extractivism, although these are of course important. Rather, there is a need to investigate policy changes that just might be indications that the era of unquestioning extractivism has ended and that at least some governments are initiating policies to incorporate environmental externalities, policies that suggest a changing development paradigm in the direction of environmental – and concomitant social and economic – ‘well-being’ as envisioned in buen vivir.     

Large-scale land acquisitions,state authority and indigenous local communities: insights from Ethiopia

The convergence of diverse global factors – food price volatility, the increased demand for biofuels and feeds, climate change and the financialisation of commodity markets – has resulted in renewed interest in land resources, leading to a rapid expansion in the scope and scale of (trans)national acquisition of arable land across many developing countries. Much of this land is on peripheral indigenous peoples’ territories and considered a common property resource. Those most threatened are poor rural people with customary tenure systems – including indigenous ethnic minority groups, pastoralists and peasants – who need land most. In Ethiopia large areas have been leased to foreign and domestic capital for large-scale production of food and agrofuels, mainly in lowland regions where the state has historically had limited control. Much of the land offered is classified by the state and other elites as ‘unused’ or ‘underutilised’, overlooking the spatially extensive use of land in shifting cultivation and pastoralism. This threatens the land rights and livelihoods of ethnic minority indigenous communities in these lowlands. This article argues that recent large-scale land acquisitions are part of state strategy for enforcing political authority over territory and people. It examines the implications of such strategy for indigenous ethnic minority groups, focusing particularly on the Benishangul-Gumuz region.     

Human rights and Nubian mobilisation in Egypt: towards recognition of indigeneity

How are global human rights localised in authoritarian societies? How and what human rights discourses are mobilised by indigenous peoples to further their demands? Building upon original fieldwork among Nubian activists in Egypt, this article explores the complexities regarding human rights framing through a discussion of recognition of Nubian indigeneity. The article finds that the history and political experience of Egypt’s Nubians bring about diverging opinions and also limitations as to how, and what, human rights frameworks rights claimants and their supporters are to employ. It argues that Egyptian nationalism not only affects how Nubian activists mobilise in general, but also helps explain the very limited appeals to a global discourse of human rights.     

Corporate power,US drug enforcement and the repression of indigenous peoples in Latin America

Abstract

The question that motivates this article is: what are the mechanisms through which the prosecution of the drug war in Latin America lead to human rights repression? In answering this question, I theorise that drug enforcement is a coalition of actors that facilitates domestic and international consensus around prohibition as a mechanism for corporate expansion. Drug war infrastructure financing is likely to facilitate the expansion of corporate investments by resource-seeking industries that require greater land use, which encroaches on the ancestral territories of indigenous peoples. And, in response to indigenous resistance to corporate appropriation of ancestral lands, resource-seeking transnational corporations will collude with private security firms and paramilitary organisations to repress and eliminate indigenous resistance. In the process of accumulating capital in Latin America, transnational corporations, domestic security, and paramilitary organizations are the drug enforcement coalition’s mediators of terror.     

The latin american business environment: patent protection issues

Considers the issue of patent rights in Argentina, Brazil, Chile, and Mexico. Reviews both theoretical and empirical literature on fitting patent systems to national circumstances. Data are considered shedding light on trade flows and capital formation, two areas impacted by strong or weak protection. Recommends a general hybrid system for Latin American nations, meeting GATT standards while remaining adaptable to individual country needs.     

Globalisation and resistance in post-cold war Mexico: Difference,citizenship and biodiversity conflicts in Chiapas

In the post-cold war era changes at the global, regional, national and local level are altering earlier ways of understanding and practising citizenship. In Mexico the decline of the state-guided national development project (1930s-70s) has been accompanied by the transformation of corporatist forms of political control. This article uses examples of recent biodiversity conflicts in the state of Chiapas to illustrate this process in terms of a struggle between competing models of 'market citizenship' and 'pluri-ethnic citizenship'. By focusing on the actions and demands of the Zapatista Army of National Liberation and other indigenous organisations, the article highlights how resistance to globalisation in the Lacandon rainforest of Chiapas is related to struggles for collective rights and a more inclusive form of democracy in Mexico. This also raises important questions regarding the future shape of national identities and the scope of democratic rights around the world in the post-cold war era.     

Notes on contributors

This paper examines the impact of development, including the impact of government and donor programmes, on ethnic minorities and indigenous peoples in Southeast Asia. Through an examination of government policy, it considers arguments that mainstream development strategies tend to generate conflicts between states and ethnic minorities and that such strategies are, at times, ethnocidal in their destructive effects on the latter. In looking at more recent government policy in the region, it considers the concept of ethno-development (ie development policies that are sensitive to the needs of ethnic minorities and indigenous peoples and where possible controlled by them), and assesses the extent to which such a pattern of development is emerging in the region. Since the late 1980s, it argues, governments across the region have made greater efforts to acknowledge the distinct identities of both ethnic minorities and indigenous peoples, while donors have begun to fund projects to address their needs. In many cases, these initiatives have brought tangible benefits to the groups concerned. Yet in other respects progress to date has been modest and ethnodevelopment, the paper argues, remains confined to a limited number of initiatives in the context of a broader pattern of disadvantage and domination.     

Making sense of communitarianism: the Bolivian experience

In Bolivia, the state and society is undergoing radical transformations. The indigenous movements have revitalised traditions such as communitarianism, and ‘communitarian development’ has come to the forefront of Bolivian politics. The aim of this article is to identify what communitarian development means in the Bolivian context; how it is conceived and how it is practiced. I examine how communitarian development is conceptualised in the Aymara indigenous movement and in policy documents, and analyse what communitarianism might mean to people who uphold such values. I identify and discuss five different but intertwined significations; communitarian economy, communitarian work, communitarian management, communitarian law and communitarian values. I show that Bolivian communitarianism contains conceptualisations of cultural phenomena, which emerge at the nexus of experiences and expectations for the future, and argue that, despite tensions and pitfalls, communitarian development has the potential to increase indigenous wellbeing and agency and to contribute to a more nuanced understanding of what communitarianism is, or could be.     

The environment – Energy security nexus: critical analysis of an energy ‘love triangle’ in Southeast Asia

The mantra of energy security is regularly employed as an excuse for governing elites in the less affluent South to pursue large-scale energy projects that are often inappropriate and unnecessary for local development needs. This situation is exemplified in Thailand, Burma and Laos. Here the dominant classes have created an energy ‘love triangle’, whereby Thailand exports the many problems associated with cross-border energy projects to its more authoritarian neighbours while importing the resultant energy. This article employs critical security literature and the concept of earth rights to investigate these relationships and elucidate resultant linkages between environmental and energy security. It finds that, far from safeguarding local communities from depravation, these projects often exacerbate existing social tensions and conflict, hastening environmental degradation and intensifying various manifestations of insecurity.     

Debt relief through debt conversion: A critical analysis of the Chilean debt conversion programme

The purpose of this study is to look at the effects of debt conversion transactions in the case of Chile. The decision to centre on Chile lies in the fact that Chile is nowadays considered to have the most successful programme of debt conversion among debtor countries. However, the Chilean debt conversion programme presents some shortcomings. In fact, as this study shows, the conversion scheme may have negative effects regarding direct foreign investment and the balance of payments.     

Re-crossing a different water: colonialism and Third Worldism in Fiji

This article will discuss the idea of the Third World in Fiji by analysing the internal tensions of the term and the plurality of trajectories emerging from the transnational spaces in which Fijian society must reconstitute itself after decolonisation and the coups of 1987 and 2000. The ethnic issues in Fiji have led to the employment of a number of strategies by both the indigenous and the Indian communities. Some consist of networking within transnational spaces and negotiation with external political and cultural flows, while others are more inward in their everyday strategies. This situation offers a non-reductive way to think about decolonisation, cultural transformation and notions of autonomy and Third World solidarity. The article assumes that cultural forms will always be made, unmade and remade. Communities can and must reconfigure themselves, drawing selectively on remembered pasts. The relevant question is whether, and how, they convince and coerce insiders and outsiders, often in power-charged, unequal situations; for example, the issues of indigenous versus migrant rights to land and franchise in Fiji. Thus, what is lost and rediscovered in new situations becomes part of the realm of normal political or cultural activity.     

Unfulfilled promises of the consultation approach: the limits to effective indigenous participation in Bolivia’s and Peru’s extractive industries

Indigenous peoples’ right to prior consultation and to informed consent represents the basis of the new global model shaping state–indigenous relations. Consultation processes promise to enable indigenous people to determine their own development and are especially promoted when extraction projects with significant socio-environmental impacts are planned on indigenous lands. In this article we draw on debates on participatory development in order to analyse the first state-led consultations in Bolivia’s and Peru’s hydrocarbon sectors (2007–14). The analysis shows that effective participation has been limited by (1) an absence of indigenous ownership of the processes; (2) indigenous groups’ difficulties defending or even articulating their own visions and demands; and (3) limited or very general outcomes. The study identifies real-life challenges, such as power asymmetries, a ‘communication hurdle’ and appropriate timing – as well as simplistic assumptions underlying the consultation approach – that account for the unfulfilled promises of this new model.     

Decentralisation,socio-territoriality and the exercise of indigenous self-governance in Bolivia

This article analyses the ‘indigenous autonomy’ being constructed in two dozen Bolivian municipalities and territories, in accordance with the 2009 Constitution. It finds that Bolivia’s 1994 decentralisation reforms, which created the country’s system of municipalities, are central to understanding the contemporary implementation of indigenous autonomy. Some indigenous people view as favourable the representative and material gains achieved by municipalisation, which helps explain why more majority-indigenous communities have not yet chosen the new option of indigenous autonomy. However, the new legal framework also limits indigenous self-governance, because territorial delimitations of the country’s municipalities are generally inconsistent with indigenous peoples’ ancestral territories. The new institutions of self-governance are legally obligated to include discrete legislative, executive and administrative functions, reflecting not indigenous norms but a municipal structure of liberal design. This study illustrates the way that indigenous self-determination may encounter obstacles where indigenous territorial jurisdictions must coincide with contemporary boundaries of colonial origins, rather than with pre-colonial territories.