Suchergebnisse

Belgium : a reference instrument, but without the binding force -- France : the origins, with the prospect of increasing effect -- The United Kingdom : developing a human rights culture -- Denmark : a document of ideological importance -- Greece : more verbalism, less effectiveness? -- Luxembourg : content without reference? -- The Netherlands : religious inspiration, but little domestic impact -- Poland : from oblivion to legal use -- Sweden : underestimation of rights -- Austria : keeping a low profile -- Bulgaria : evolving into democracy under the UDHR template -- Finland : political, not legal -- Hungary : the impact on the freedom of expression -- Ireland : from domestic pre-occupations to wider reception -- Italy : a legal puzzle, but the civil society has taken the ball and runs with it -- Portugal : human rights guidelines from the Constitution to sugar bags -- Romania : sidelined to the margins of legal pluralism -- Spain : from totalitarianism to fulfilment -- Cyprus : from an interesting colonial legacy to post-conflict contextualisation -- Germany : from imposition to adherence -- Malta : a tenuous link in human rights practice and procedure -- The Czech Republic : from lip service to concrete application -- Estonia : transition through human rights -- Latvia : binding force through court practice -- Lithuania : subtle material impact -- The Slovak Republic : political significance, not legal -- Slovenia : indirect but increasing impact

In June 2011 the license to build Belo Monte—what the Brazilian government claims to be the third largest dam in the world in terms of electric power generating capacity—was granted. Since the 1970s, when the plans to build the dam were first made public, the project has encountered great opposition. Indigenous peoples and others who would adversely be affected by the construction of the Belo Monte Dam were supported by national and international NGOs that tried to halt the project through numerous strategic paths, one of which was by filing a case before the Inter-American Commission on Human Rights. Finally, in April 2011, the Commission granted an injunction in favor of the indigenous peoples of the Xingu River Basin that would be impacted by the dam, requesting the government to stop Belo Monte's construction. However, Brazil argued that these peoples would not be affected and disregarded the request. This article, by looking at indigenous peoples' substantive and procedural rights, assesses the possible adverse impacts on the indigenous peoples. Special attention is given to the profound connection indigenous peoples have with their lands and how this connection impacts on their unique rights to self-determination, property, and culture. Considering the analysis of these rights, indigenous peoples' right to be consulted in a free, prior, and informed manner is assessed. This article concludes that the adverse impacts that would result from Belo Monte's construction are evident and the State's conduct in carrying on with the project is in violation of national and international law.