Interaction between customary legal systems and the formal legal system of Peru
Year: 2011
Type: book-chapter
Abstract: On paper, the Peruvian state legal framework has made some progress in incorporating respect for customary legal systems. For the greater part, however, the recognition of customary norms, organizational forms and decision-making mechanisms is subsequently weakened or invalidated in various strategies, such as: the addition of qualifying language limiting application; the requirement of compatibility with national state law and/or international human rights law; and the imposition in the law of norms, organizational structures or decision-making processes that are foreign to the customary legal systems concerned. This is demonstrated through the analysis of three themes: the organizational and judicial autonomy of indigenous peoples, land rights and nature conservation. The Peruvian national legislation is studied, as well as its impact on the daily life and organization of an indigenous people living at the border Peru-Colombia, the Airo Pai (Secoya). This analysis of the Peruvian legislation on autonomy, land rights and nature conservation demonstrates that, in the end, there is no real space for customary institutions and decision-making processes to function.
Source: Lirias
Author: Ellen Desmet
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2526253264