Codification and Its Discontents: the Emergence of «Customary Rights» of Amazonian Kichwa in Ecuador
Over the last decades, most Latin American States have been engaged in processes of legal recognition of indigenous rights at the international and constitutional levels. Consequently, the extent to which »indigenous customary norms« should be taken into account by public policies and in the judicia...
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| Format: | Article |
| Language: | English |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5906130 |
| Source: | Rechtsgeschichte-Legal History, ISSN 1619-4993, Nº 24, 2016, pags. 314-326 |
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| Summary: |
Over the last decades, most Latin American States have been engaged in processes of legal recognition of indigenous rights at the international and constitutional levels. Consequently, the extent to which »indigenous customary norms« should be taken into account by public policies and in the judicial system, and in what form, have become major political issues in contemporary Latin America. Alongside the political dimension of the struggles for their voices to be heard and heeded by policy makers and economic agents, Latin American indigenous peoples also face the difficulty of communicating and codifying their norms; that is, to produce written forms of their »own« norms and principles. The present contribution reflects on these difficulties from an ethnographic perspective. After briefly reviewing the historical background of Latin America’s indigenous peoples mobilisation to claim recognition of specific indigenous rights, it discusses how »customary norms« are made at the local level of indigenous assemblies with the aid of an ethnographical vignette taken from fieldwork conducted with an indigenous organisation of the Amazonian region of Ecuador defending the rights of Amazonian Kichwa of the Pastaza region. |
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