Defending ancestral lands: the role of internal mechanisms in indigenous mobilisation against neo-extractivism

Abstract

Despite advances in international human rights standards, neo-extractivism continues to threaten the vulnerable existence of Indigenous Peoples. This text seeks to reflect on how domestic mechanisms, despite their limitations, can be used to strengthen indigenous territorial rights through ‘transitional territorial safeguards’ amid institutional insecurity in land tenure. Using the perspective of socio-legal mobilisation, the study examines three cases: the use of administrative measures in Bolivia, the internationalisation of constitutional safeguards in Ecuador, and strategic judicial oversight against environmental damage in Chile. The study identifies a spectrum of resistance strategies that challenge extractivist hegemony from within the state. By applying a ‘power dimensions’ framework, the analysis demonstrates that socio-legal mobilisation enables domestic mechanisms to move beyond their role as mere technical procedures and to empower communities to promote the effective implementation of human rights.