Legal Cultures in the (Un)Rule of Law: Indigenous Rights and Juridification in Guatemala

Sieder, Rachel

doi:10.1017/cbo9780511730269.007

Cited by 61 publications

(20 citation statements)

References 22 publications

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“…International experience demonstrates that campaigns which succeed in changing mining policies or practices are those which have the support of a wide set of allies both domestically and internationally (The Ecologist, 2013, Dougherty, 2011, Kuecker, 2007, Holden and Jacobson, 2008, Çoban, 2004 including the support of local communities, trade unions as well as populist, left or centre-left political parties (Gordon and Webber, 2008) and have the right to legally challenge policies (Sieder, 2010). As I shall demonstrate, none of these factors were present in the Armenian case and the lack of support from local communities, political parties and environmental NGOs subsequently shaped the outcome of the campaign against the Teghut mine.…”

Section: Introductionmentioning

confidence: 99%

Challenging the Gospel of Neoliberalism? Civil Society Opposition to Mining in Armenia

Ishkanian¹

2016

Protest, Social Movements and Global Democracy Since 2011: New Perspectives

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This article examines the introduction of neoliberal policies in the mining sector in Armenia and the civil society resistance that has emerged against those policies and practices. While recognising that neoliberal policies have global reach, I examine how neoliberal policies are locally translated, manifested, and resisted in Armenia and what factors shape resistance to neoliberal policies. I argue that the anti-mining activists have created new subjectivities and spaces for activism where they resist and challenge neoliberal policies and practices in the mining sector as well as the heretofore accepted formal practices of civil society advocacy and engagement in policy processes. Although the activists have not changed the way mining is practiced in Armenia, they have opened up debates around mining, and neoliberal policies more generally, and created new understandings and practices of civic activism and citizenship in Armenia.

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Section: Introductionmentioning

confidence: 99%

Challenging the Gospel of Neoliberalism? Civil Society Opposition to Mining in Armenia

Ishkanian¹

2016

Protest, Social Movements and Global Democracy Since 2011: New Perspectives

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“…Bebbington et al, (2008a) and Bebbington et al, (2008b) argue that resistance to gold mining offers an escape from the potential development problems associated with new gold mining. Rachel Sieder (2010) suggests that ‘juridification’, that is, the local appropriation of legal frameworks for redress, constitutes an important path of resistance for new mining host communities in Guatemala. Holden and Jacobson (2009) explore the role of the Catholic Church in fomenting resistance to neoliberalism.…”

Section: Bringing Industry Into the Literaturementioning

confidence: 99%

The Global Gold Mining Industry, Junior Firms, and Civil Society Resistance in Guatemala

Dougherty

2011

Bulletin of Latin American Research

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Over the past two decades, the gold mining industry has increased its activity in Latin America. Growing contestation and conflict around gold mining projects have accompanied this shift. This article draws from the case of Guatemala, where metal exploration has grown by 1,000 per cent since 1998, to illustrate how the proliferation of small ‘junior’ firms – together with neoliberal investment policies and suitability of mineralisation – set the stage for fly‐by‐night gold mining and, therefore, intense resistance from host communities to mineral development.

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“…2008). Sieder (2010) acknowledges the central role of communitarian institutions in this conflict. She argues that the weak performance of Guatemalan courts and the development of international laws, institutions and conventions supporting communitarian and indigenous rights are leading to a juridification of the anti‐mining conflict (Sieder 2010).…”

Section: Environmental Movements and The Politics Of Scalementioning

confidence: 99%

“…Sieder (2010) acknowledges the central role of communitarian institutions in this conflict. She argues that the weak performance of Guatemalan courts and the development of international laws, institutions and conventions supporting communitarian and indigenous rights are leading to a juridification of the anti‐mining conflict (Sieder 2010). In this case, juridification means that the focus of the political strategy lies in appealing to courts, in developing and reclaiming customary regulation 12 – such as communitarian consultations – and in adopting a legalistic language of protest.…”

Section: Environmental Movements and The Politics Of Scalementioning

confidence: 99%

“…The relevance of mining conflicts in Guatemalan contemporary politics has led to a proliferation of academic and activist research about their procedures and results (Cuffe 2005; Fulmer et al. 2008; Holden and Jacobson 2008, 2009; Yagenova and García 2009; Sieder 2010). In every study, the multiscalar character of the Marlin case is manifest.…”

Section: Introductionmentioning

confidence: 99%

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The Defence of Community in the Anti-Mining Movement of Guatemala

Urkidi

2011

Journal of Agrarian Change

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Mining is one of the most controversial activities in contemporary Guatemala. The antimining movement was studied during five months of participant and qualitative research, focusing on its strategies and discourses. The movement is multiscalar, with local, national and transnational dimensions, but the defence of community is a central claim in its discourse. The community is reclaimed as a legitimate scale for decision-making by the anti-mining movement because it is: (a) the scale that suffers the material impacts of mining; (b) the place of Maya cultural resistance for reimagining alternative development projects; and (c) an historically marginalized sector of the population, that should be empowered in order to achieve more participative and fair decision-making processes. As in other peasant struggles, defending the community is not an objective per se, but a strategy to contest domination. The community is dialectically redefined in relation to Guatemala's historical injustices.

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Legal Cultures in the (Un)Rule of Law: Indigenous Rights and Juridification in Guatemala

Cited by 61 publications

References 22 publications

Challenging the Gospel of Neoliberalism? Civil Society Opposition to Mining in Armenia

Challenging the Gospel of Neoliberalism? Civil Society Opposition to Mining in Armenia

The Global Gold Mining Industry, Junior Firms, and Civil Society Resistance in Guatemala

The Defence of Community in the Anti-Mining Movement of Guatemala

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