5 International Law of Human Rights" (par. 91). Beyond that, there remains the question of the evolving condition of peoples themselves as subjects of international law14. III. Uprootedness as a Human Rights Problem Confronting the Juridical Conscience. Universal 13. The State-planned massacre of 1986 that originated the present case of the Moiwana Community versus Suriname also gave rise to displacement of former residents in the Moiwana village, besides those who sought refugee in French Guyana. They have endured this drama of social and family disruption for almost two decades. The tragedy of uprootedness, manifested in the present case, cannot pass unnoticed here, as uprootedness (desarraigo) affects ultimately the right to cultural identity, which conforms the material or substantive content of the right to life lato sensu itself. 14. In this connection, in a lecture I delivered at the Convent of San Carlos and San Ambrosio in Havana, Cuba, on 28 November 2000, in addressing the traumas generated by the forced displacements and consequent uprootedness of so many human beings nowadays, I saw it fit to recall the warning, formulated by Simone Weil already in the mid-XXth century, to the effect that to be rooted was "perhaps the most important and least recognized necessity of the human soul", and one of the "most difficult to define"15. In the same epoch and the same line of thinking, Hannah Arendt likewise warned against "the sufferings of the uprooted (the loss of home and familiarity of day-to-day life, the loss of profession and the feeling of usefulness to the others, the loss of the mother-tongue as a spontaneous expression of the sentiments)"; she further warned against the illusion of "trying to forget the past (given the influence exerted over each one by his ancestors, the previous generations)"16. 15. And still in the same thinking, J.-M. Domenach observed in the mid-sixties that it would not be possible to deny the roots of the human spirit itself, as the very form of aquisition of knowledge, on the part of each human being, - and consequently of his perception of the world, - was to a large extent conditioned by factors such as the place of birth, the mothertongue, the cults, the family and the culture17. On the occasion, on my part I characterized uprootedness as a human rights problem confronting the universal juridical conscience18. . For general studies, cf., e.g., P. Thornberry, Indigenous Peoples and Human Rights, Manchester, University Press, 2002, pp. 1-429; S. James Anaya, Indigenous Peoples in International Law, 2nd. ed., Oxford, University Press, 2004, pp. 3-291; J. Castellino and N. Walsh (eds.), International Law and Indigenous Peoples, Leiden, Nijhoff, 2005, pp. 89-116 and 249-267. 14 . S. Weil, The Need for Roots, London/N.Y., Routledge, 1952 (reprint 1995), p. 41. 15 . H. Arendt, La tradition cachée, Paris, Ch. Bourgois Éd., 1987 (ed. orig. 1946), pp. 58-59 y 125-127. 16 . J.-M. Domenach, Le retour du tragique, Paris, Éd. Seuil, 1967, p. 285. 17 . A.A. Cançado Trindade, "Reflexiones sobre el Desarraigo como Problema de Derechos Humanos frente a la Conciencia Jurídica Universal", in La Nueva Dimensión de las Necesidades 18

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