Responsabilização internacional de mineradoras transnacionais pela violação de direitos humanos de povos indígenas e direito à autodeterminação na perspectiva decolonial

Abstract

Since the colonial period, the human rights protection of indigenous communities has been systematically affected by aggressions from the industrial mining activities over the soil of Latin America, historically carried out by colonial states and whose main agents contemporaneously are transnational corporations. In view of the companies increasing potential for violating human rights, the possibility of an international treaty that binds transnational corporations with human rights parameters is being discussed in the UN. Thus, the possibility of adopting an international treaty for companies and human rights is part of a field overgrown by disputes, which resulted in two contradictory positions for the protection of human rights of indigenous communities. On one hand, indigenous people’s rights are protected by the UN Declaration on the Rights of Indigenous People (2007) and ILO Convention 169 (1989); on the other, these rights are relativized by the absence of mechanisms about transnational corporations legal accountability. From a decolonial perspective, it is noted that discussions about the adoption of an international treaty will only be emancipatory for indigenous people by incorporating the community demands for self-determination, in opposition to a predominantly liberal reading of human rights. For this analysis, the method of approach adopted is tributary to the dialectical tradition, in view of the contraposition arising from indigenous people’s claims with the western-modern-capitalist logic.