{"title":"没有代表权的分配?超越了厄瓜多尔南部高地的自然权利","authors":"Erin Fitz-Henry","doi":"10.4337/JHRE.2021.01.01","DOIUrl":null,"url":null,"abstract":"Despite the fact that Ecuador has arguably the most biocentric constitution in the world, deepening national investment in extractive development projects has left communities on the frontlines of these projects desperate for greater participation in decision-making processes currently monopolized by centralized ministries. The result has been a flourishing over the past two years of sub-national judicial and non-judicial challenges to strategic mining projects. Integral to these challenges is the constitutional language of rights for nature (Articles 71–4). Drawing on ethnographic research around the Río Blanco gold and silver mine in the southern highland province of Azuay, this article explores the diverse and surprising ways in which these environmental rights are being taken up as part of fundamental challenges to the decision-making monopolies of the Ministries of the Environment and of Mining. While numerous scholars of human and indigenous rights have recently lamented the fact that ‘rights-talk’ often appears unable to arrest or destabilize extractive imperatives, the case of Río Blanco suggests that, when embraced as part of wider social struggles for representation, rights-based approaches might be more potent than is currently being recognized. They may even encourage an important reorientation of some of the binaries that continue to preoccupy critical scholars of development.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"12 1","pages":"5-23"},"PeriodicalIF":3.0000,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Distribution without representation? Beyond the rights of nature in the southern Ecuadorian highlands\",\"authors\":\"Erin Fitz-Henry\",\"doi\":\"10.4337/JHRE.2021.01.01\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Despite the fact that Ecuador has arguably the most biocentric constitution in the world, deepening national investment in extractive development projects has left communities on the frontlines of these projects desperate for greater participation in decision-making processes currently monopolized by centralized ministries. The result has been a flourishing over the past two years of sub-national judicial and non-judicial challenges to strategic mining projects. Integral to these challenges is the constitutional language of rights for nature (Articles 71–4). Drawing on ethnographic research around the Río Blanco gold and silver mine in the southern highland province of Azuay, this article explores the diverse and surprising ways in which these environmental rights are being taken up as part of fundamental challenges to the decision-making monopolies of the Ministries of the Environment and of Mining. While numerous scholars of human and indigenous rights have recently lamented the fact that ‘rights-talk’ often appears unable to arrest or destabilize extractive imperatives, the case of Río Blanco suggests that, when embraced as part of wider social struggles for representation, rights-based approaches might be more potent than is currently being recognized. They may even encourage an important reorientation of some of the binaries that continue to preoccupy critical scholars of development.\",\"PeriodicalId\":43831,\"journal\":{\"name\":\"Journal of Human Rights and the Environment\",\"volume\":\"12 1\",\"pages\":\"5-23\"},\"PeriodicalIF\":3.0000,\"publicationDate\":\"2021-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Human Rights and the Environment\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4337/JHRE.2021.01.01\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Human Rights and the Environment","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4337/JHRE.2021.01.01","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Distribution without representation? Beyond the rights of nature in the southern Ecuadorian highlands
Despite the fact that Ecuador has arguably the most biocentric constitution in the world, deepening national investment in extractive development projects has left communities on the frontlines of these projects desperate for greater participation in decision-making processes currently monopolized by centralized ministries. The result has been a flourishing over the past two years of sub-national judicial and non-judicial challenges to strategic mining projects. Integral to these challenges is the constitutional language of rights for nature (Articles 71–4). Drawing on ethnographic research around the Río Blanco gold and silver mine in the southern highland province of Azuay, this article explores the diverse and surprising ways in which these environmental rights are being taken up as part of fundamental challenges to the decision-making monopolies of the Ministries of the Environment and of Mining. While numerous scholars of human and indigenous rights have recently lamented the fact that ‘rights-talk’ often appears unable to arrest or destabilize extractive imperatives, the case of Río Blanco suggests that, when embraced as part of wider social struggles for representation, rights-based approaches might be more potent than is currently being recognized. They may even encourage an important reorientation of some of the binaries that continue to preoccupy critical scholars of development.
期刊介绍:
The relationship between human rights and the environment is fascinating, uneasy and increasingly urgent. This international journal provides a strategic academic forum for an extended interdisciplinary and multi-layered conversation that explores emergent possibilities, existing tensions, and multiple implications of entanglements between human and non-human forms of liveliness. We invite critical engagements on these themes, especially as refracted through human rights and environmental law, politics, policy-making and community level activisms.