Zeitschrift Debatten Rechtliche Kategorien und Identität in Lateinamerika

Armando Guevara-Gil
Aarón Verona-Badajoz

Si No Hay Sujeto, No Hay Derecho

ILO’s Convention 169 on indigenous peoples, which enshrines the right to prior consultation, has been in force since 1995 in Peru. In spite of that, the State has only begun its implementation 16 years later, in 2011. This was done through the enactment of a special law that provides for substantial legal and institutional changes, but it also raised many expectations regarding the recognition of indigenous rights and cultural justice. The first issue that arose was, obviously, that of determining who was the legal subject in favor of whom a right was going to be granted; in other words, who was going to be an “Indian”. The cases we studied evidence that top mining bureaucrats rewrite Andean legal history and anthropology to foster mining investment at all costs, including the negation of indigenous identity and the cultural distinctiveness of peasant and native communities concerned.


Beitrag vom 20. Dezember 2018
© 2018 fhi
ISSN: 1860-5605