Abstract

LOPEZ ESCARCENA, Sebastián. Operación Génesis: Reflections on Indigenous and Tribal Collective. Estud. Socio-Juríd [online]. 2016, vol.18, n.1, pp.137-168. ISSN 0124-0579.  https://doi.org/10.12804/esj18.01.2016.05.

With the judgment on Comunidades afrodescendientes desplazadas de la cuenca del río Cacarica (Operación Génesis) as background, this article aims at reasking some of the questions that have been left unanswered in the case-law on collective property of indigenous and tribal communities of the Inter-American Court of Human Rights. Like in other of its judicial decisions, in Operación Génesis the international tribunal reiterated some of the constitutive elements of this right of communal property that it has been developing jurisprudentially. However, it did not pronounce itself on other elements of equivalent importance, like the criteria that it uses to identify indigenous or tribal peoples and their lands and territories, or the deprivation or limitation of their right to collective property. Even though Operación Génesis does not answer these questions, it allows for a necessary critical rereading of its case-law on indigenous and tribal communal property, destined to challenge not only the comparative and international doctrine, but also for the Court itself.

Keywords : property; indigenous and tribal peoples; Inter-American Court.

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