Indigenous Rights
The fight for All Indigenous rights has been a key nexus for democracy in the creation of both the Chilean new proposed Constitution and the adoption of the 1999 Bolivarian Republic of Venezuela Constitution.
In Venezuela, the adoption of this Constitution sought to reform the autonomy previously granted to Indigenous peoples before the 1961 Constitution. This new constitution signals the right of the indigenous peoples to their language and culture, outlines the need for explicit permission of indigenous groups for the extradition of resources, and granting of some governmental autonomy. The adoption of these practices into the 1999 Constitution came at the wings of decades of Indigenous organization, Consejo Nacional Indio de Venezue (CONIVE), active protests against anti-indigenous legislation for centuries and their fierce advocacy at the legislative level for the adoption of this representation in the Constitution. Further, indigenous groups aligned themselves with the election of Hugo Chávez, seeing him as a democratic representation of their struggles.
In Chile, the new proposed Constitution which was struck down in September of 2022, would have provided the indigenous people of Chile with increased autonomy in the creation of their governing bodies, created a demarcated land, and would have established Chile as a “pluri-nationalist state.” The adoption of this Constitution would have been the first of its kind to compile the rights of the indigenous people into the base law of the country. Indigenous people have been at the forefront of this fight for its adoptions. The Mapuche people, in the year-long process of the creation of this new document, have served as representatives to the Constitutional convention. The Mapuche people have organized and taken to legislative bodies to lobby for their rights. This extensive inclusion of indigenous rights is a long time coming, with many being introduced for constitutional adoption since the 1990s. The evolution of indigenous groups (“Council of All Lands”, Coordinadora Arauco-Malleco (CAM), “Weichan Auka Mapu”) has shown consistent organization of the Indigenous actors in Chile as leaders of democracy.
In both cases, the Indigenous groups took to the ground level and within? the legislative body to ensure their representation. These two examples provide key ideas for the timid US, who although the indigenous groups who inhabit the US do enjoy extensive but limited autonomy in their regions, has been frightful to adapt the preservation of their rights into the “law of the land” and does little to preserve the rich cultures of the groups with its borders. These constitutions do more than acknowledge the plight of the indigenous groups in these countries, these constitutions represent a direct participation of these groups in the past, present, and future of the democracy of their respective countries.
Sources:
“Constitutional History of Venezuela.” ConstitutionNet, 2016, International IDEA, 21 Dec. 2020, https://constitutionnet.org/country/venezuela.
Lankes, Ana. “The Contentious Vote in Chile That Could Transform Indigenous Rights.” The New York Times, The New York Times, 2 Sept. 2022, https://www.nytimes.com/2022/09/02/world/americas/chile-constitution-vote-indigenous.html.
Minorities at Risk Project, Chronology for Indigenous Peoples in Venezuela, 2004, available at: https://www.refworld.org/docid/469f38f3c.html [accessed 10 October 2022]
Van Cott, Donna Lee. “Andean Indigenous Movements and Constitutional Transformation: Venezuela in Comparative Perspective.” Latin American Perspectives, vol. 30, no. 1, 2003, pp. 49–69. JSTOR, http://www.jstor.org/stable/3184965. Accessed 10 Oct. 2022.
Exchange, Global. “Venezuela and Indigenous Rights.” Venezuelanalysis.com, Venezuela Analysis , 25 Feb. 2004, https://venezuelanalysis.com/analysis/373.
Figueroa Huencho, Verónica. “Mapuche Movements in Chile: From Resistance to Political Recognition.” Georgetown Journal of International Affairs, Georgetown University School of Foreign Service , 20 May 2021, https://gjia.georgetown.edu/2021/05/21/mapuche-movements-in-chile-from-resistance-to-political-recognition/.
