Within the International Bill of Human Rights promulgated by the United Nations Organization, the Covenants on Civil and Political Rights and on Economic, Social and Cultural both the first article devoted entirely to the issue of free determination, and establish that this is a human right that all people possess. Being located in the first place the text and be granted a prominent space, denotes the exceptional nature of this right, on being recognized for all peoples, we as indigenous peoples can also claim. Several
on international law [1] have listed several elements that constitute and define the right to self-determination, which from our point of view, be classified as "self-determination" as the term "self determination" not is more than a literal translation of the word self-determination . These features are basically:
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The assertion, which implies the right of a people to proclaim their existence and to be recognized as such.
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The self, which is the power to determine Who are the members that make up this town.
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The autodelimitación, which entails the right to define their own boundaries.
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Self-organization, which is the recognized power to procure a people to himself his own status within a state framework.
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The self, which expresses the ability of people to manage their own affairs, that is, to govern and be administered freely under its statute.
One of the concrete forms of exercising the right to self-determination is autonomy. This allows the free expression internal determination of peoples and, conversely, does not involve the exercise of the right to external self-determination, ie the right to establish direct relations with other states independently. "Autonomy", therefore, not be confused with "sovereignty", since the latter, as defined by law, is a power that only have the states, which means "supreme power ... to decide on final instance of all that is for the public good, with a monopoly of physical coercion . " [2] 2 Therefore, we consider autonomy as the area of \u200b\u200bintersection between the right to internal self-determination of peoples and the constitutional right of states.
Autonomy is the way to exercise collective self-determination to indigenous peoples in Mexico are demanding for years. We do not wish, therefore, a separation from the Mexican state, but we are only demanding greater freedom to own, control and manage our lands, to regulate our political, economic, social and cultural as well as to influence decisions National affecting us. As stated in the V State Forum on Indigenous Reality, Black Farmers and held in May 1995 in Oaxaca, we understand that autonomy is the ability to decide not only our destiny but also on more immediate issues and actions and daily in communities with an identity and awareness of their own, and with sufficient capacity for openness to communicate with other citizens of the country and the world . [3]
Self-determination, and autonomy, if this is the form that is chosen freely, we can also characterize a fundamental indigenous rights, as for the Indians can fully enjoy our individual rights must be previously we recognize our right to be collectively different from other people. No man can develop fully outside a social context, which should preferably be his own people and culture. Freedom is not exercised in the abstract but in the context of a specific society, and this is especially clear in the case of indigenous people, who always define our identity in the first place as part of a collective (family, community and people.)
must also distinguish between "autonomy" and "administrative decentralization" means an autonomous powers derive directly from the law, not an administrative body. According EL Llorens " more autonomy does not support amending the legislative and judicial ", while " decentralization also supports the administrative ." [4] But in any case, the recognition of autonomy regimes always implies a political and administrative decentralization of the state, decentralization will be more or less extensive depending on the case, and that its best option would include autonomous legislative body.
Following this reasoning, it is not possible to speak of a regional model and a level of legal and political decentralization that is applicable to all cases and all states. Being a self-realization of the right to self-determination, that freedom must be shown as the power to choose what should be the scope of autonomy and what are the specific skills that will assume an autonomous entity. This should be consensus with the state, as the scheme of autonomy implies a negotiation between the two parties. All without losing sight of that as socio-political conditions and the balance of power between the state and autonomous institutions are changing, can not think of the existence of any agreement or definitive regional model.
In fact, in the case of mixes, autonomy is not something new we're going to build from scratch. Although there is no specific word in Mixe that can be translated as autonomy among us has been practiced in many ways what we might call community autonomy, which in our language we designate as the ability we have to "give us our standards" and "exercise our authority" ("kâ'âm aana'amân", "kâ'âm kotujkân). The approach we ask now is that what is already given in fact be recognized law, and is also gradually expanded. If just enjoy ourselves with the autonomy of fact, we run the risk that the state at any time you want recortárnosla. However, if it instituted in our constitutional right to autonomy, then we would be talking about political and legal arrangements agreed , not granted . [5]
addition to what we noted above, in our case the demand for autonomy that we propose is based on several facts:
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In our cultural differences regarding other social sectors that comprise the Mexican state as well as the political will, every time the Indians have more clearly that the recognition of our difference has a realization not only in cultural but also political.
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In that, if you wanted to ignore this fact as "groups", "ethnic" or "populations", indigenous peoples are effectively and, therefore, we need the recognition of our collective rights to be possible full enjoyment of our individual rights.
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Another factor underlying our demand for autonomy is that they have historically been ignored and marginalized. While laws have established the alleged equality of all Mexicans, in actual practice no state institutions have served us and our peoples have been subjected to a total situation of inequality from colonial times. Therefore, it must now be instituted in a positive asymmetry between indigenous peoples and other social sectors of the Mexican state, which makes it possible for us to go slowly matching the rest of the nation in the enjoyment of the privileges enjoyed by our Indian compatriots. Contrary to what some people have said, this does not create inequality among Mexicans, but try to alleviate the existing ones.
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Note also that from the time of colonialism, territorial division that has been implemented in Mexico, ostensibly ignored the reality and the territorial configuration of our people, so we think right to start thinking about implementing a new territorial map according to our realities.
addition to these domestic considerations, it should be noted that the claim raised by indigenous autonomy is framed in a global context in our country there is widespread demand for greater democracy and political participation. At this juncture, the formulas must be sought to democratize Mexican state and to decentralize decision-making in all respects will depend on the specific social sector we are referring to: the demands for greater political participation that make groups of young people, women ... must find answers from other formulas. Autonomy is not a "recipe" applies to everyone. But in the case of indigenous people, we hold that, while not a panacea that will suddenly solve all the problems of marginalization and exploitation that our people and the recognition of different levels of autonomy will be a first step to enable the strengthening of our culture and our social, political, economic and legal, we will outline our future and at the same time the state undertakes to respect our collective and individual rights.
Thus, the demand for indigenous autonomy that we in no way should be seen in isolation from the rest of the nation. We believe that such autonomy should be seen as one of the mechanisms by which to conduct in-depth reform of the state that is clearly necessary, and implement the new federalism of both spoken in our country, which must be characterized by a state totally different relationship with our people. If we request further participation in instances National is also because we want some institutions to improve and we are convinced that the Indians, from our specificity, we can make contributions to the rest of the national society.
Therefore, we think the recognition of our autonomy as something that will not only benefit and strengthen the indigenous but which will strengthen the unity of the whole nation, to open pathways towards true integration of all peoples that make up Mexico and allow open dumping in the country the contributions of our different cultures, in a relationship of equals.
However, that autonomy not only a dead letter, it is absolutely necessary that the political and legal recognition is accompanied by a deep fiscal decentralization of the state to provide sufficient resources to different autonomous entities.
the demand for autonomy has been making for years an increasing number of indigenous organizations in Latin America. In the case of Mexico, in recent years and especially since the Zapatista uprising of January 1994 to date, is taking an important step in the debate concerning indigenous rights, and specifically in relation to the subject matter occupies.
But not only we are Indians who are debating this issue in our forums, but have also ventured into non-indigenous academic discussion and representatives of state institutions.
After the Indian National Convention, arising from momentum of the Zapatista National Liberation Army, one of the most important forums in which autonomy is discussing is the Plural Indigenous National Assembly for Autonomy (ANIPA). She has been involved in indigenous delegates from all states of Mexico along with academics, and basically what they propose is the establishment of an autonomous system regional indigenous areas. Have also pointed out that this system of self must be inclusive and based on the following principles:
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national unity in diversity;
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equality of all Mexicans in the plurality;
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fraternity among its members, and equal to each other in all identity groups, Indians and non Indians.
recently ANIPA representatives have appeared before the U.S. Congress an initiative decree for the creation of autonomous regions , setting out these and other approaches.
For its part, the Mexican state, through the National Commission for Integral Development and Social Justice for Indigenous Peoples, in recent months is also working on a reform Draft Articles 4 and 115 constitutional , which in its current draft proposes several measures to strengthen the position of the indigenous community. This text, therefore, shows a willingness to recognize and increase the autonomy of our communities, but never considers other wider level of autonomy, but is limited only to the community level.
Finally, would fail to address another aspect that is also involved in our demands for autonomy and greater democracy. Since what we want is not separate from the Mexican state, but integrate it on an equal footing with other social sectors, it is important to see what other mechanisms should be established to ensure the participation of indigenous men and women in national life and to analyze how the joint would be made possible regimes of autonomy with the national system. Subscribe to this effect the following proposals:
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First, and as regards the election of deputies of proportional representation to Congress, has long been raised in our country the desirability of adding to the five existing constituencies a particular constituency, whose members would be elected solely by Indians.
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regard to the majority representatives on the Congress, its submission Plural Indigenous National Assembly for Autonomy in that legislative body includes within its concept of regional autonomy, a proposal for a integrate autonomous regions or more new districts.
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Finally, it should also create mechanisms to facilitate our participation in the state legislatures. In the case of Oaxaca, the Indians are considering the need for reforms to make our state constitution so as to create these channels of participation.
In each of these three cases, it is important to stress the need for the appointment of members is made based on our own means of representation and not through political parties.
Ultimately, the issue of autonomy is broad and complex and we are aware that the issue end there: not enough to obtain a decree saying that we are autonomous, but it all depends on how far the Indians have the capacity and strength necessary to achieve the effective attainment of this right ours. However, even assuming that the state fully complied with legal provisions, the pursuit of freedom always has a utopian component, really, can not imagine the autonomous communities or regions and islands that can fully escape the sea of \u200b\u200bworld globalization of the economy, the mass media, etc.. [6]
However, like all utopia, freedom and self-determination are landmarks that inspire us in our walk as indigenous.
The scope of autonomy
As we said in our earlier presentation, since 1994 Mexico has been emphasized in the discussion on the issue of autonomy, there are various views that were expressed to Over the same. On the one hand, and in regard to how indigenous autonomy should adopt all the proposals are intended to raise the autonomy from territorial criteria rather than ethnic . Specifically, we are talking about three areas land where they could be given autonomy:
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The region (multi-ethnic or mono-ethnic)
Each of these areas or levels implies some scope and limits to try to analyze, to discern their respective advantages and disadvantages. It is therefore very important not to lose sight of the fact that in Mexico, and of course, in Latin America, there are a variety of political, social, etc., so that what might be appropriate in a given context can not be in another. In our case, the proposals will be done by basically taking into account the circumstances in which we find the mixes.
a] Community Empowerment
The existence of a true community autonomy would, in our view, the full recognition and exercise the following powers to the communities:
IN THE ECONOMIC FIELD:
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Control and manage the use of communal lands and natural resources of the community.
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Plan and execute community development projects.
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raise their own taxes and receive financial resources of the municipality, state and federation, administering its discretion.
IN THE POLITICAL FIELD:
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select and nominate to the EU authorities based on their own mechanisms and without the interference of political parties.
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assembly decisions affecting the public life of the community.
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participate in the election of municipal authorities concerned and, where appropriate, the autonomous regional government. This should include both voting power as to be voted / as.
in the legal field:
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agree, maintain and modify the social and legal norms governing the life of the community.
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fully exercise jurisdictional powers to prosecute breaches of those standards through traditional authorities, provided that the community expresses its willingness to do so and execute the resolutions.
in the religious field:
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decide freely whether or not churches in the community.
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their own religious beliefs and rituals without interference of any church.
IN THE EDUCATIONAL FIELD:
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decide on the curricula and teachers who will participate in the community.
b] municipal autonomy
municipal autonomy demand is being raised in our country not so much by the Indians but by other social sectors. In this sense, is taking a claim to greater opportunities for decision for municipalities, including the demand for full implementation of the provisions currently already set out in Article 115 of our Constitution and its enlargement.
For the Indians, in general the figure of the municipality of others and just feel like we give importance, so that proposals on this type of autonomy, which so far have worked less. However, from our point of view would indicate that, in the necessary reform of the state to be implemented in Mexico, should also be changes in the functioning of the municipality.
The Constitution, in Article 115 relating to municipalities, started from the principle of equality of all these. However, in our view it would be necessary in the national constitution and the state will regulate specifically the municipalities located in indigenous areas, recognizing the status of indigenous MUNICIPALITY , to accommodate the cultural specificity and regulations they have. Currently, the Mexican legal system does not take sufficient account of our characteristics. For example, the Oaxaca State Constitution, Article 82, stipulates that the mandate of the municipal authorities will be for three years, while in practice, the vast majority of indigenous municipalities in our state, all the charges are valid for one year.
Moreover, within the changes that are needed, we need to give municipal participation in your local communities in the election of their authorities and, above all, financial resources transferred to them in proportion as to date, often the municipal and police agencies do not receive any resources. Similarly, and in case they were to establish a Regional Autonomy Mixe, would be very difficult to give a direct relationship between it and the approximately cientoveintitrés mixes communities that exist. Therefore, probably the town Indian could play a role as an intermediary body, for administrative and representation.
c] Regional autonomy
From our point of view, it is not sufficient for regional autonomy were purely administrative, but they must have both executive and legislative powers and judicial. Some of the specific powers that we believe should be:
ECONOMIC LEVEL:
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Regulate the use, preservation, use, control and defend their territory natural resources and environment, in coordination with communities and municipalities in the region.
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Planning and implementing regional development programs. In any case, having a direct involvement in the plans to the federation and the state have for the region.
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negotiate and receive funds from the federation and the state and distributed proportionally in its territory. Where appropriate, institute taxes that allow capital raising for their region. Manage
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possible compensation and development funds that were to establish the state to mitigate the economic imbalances of regions autonomous from the rest of the nation.
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Provide administrative and technical support for the development of their region, at all levels (economic, political, cultural, etc.).
IN THE POLITICAL FIELD:
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Operate upper body coordination between indigenous communities and municipalities, and between them and national authorities.
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Through a legislative body, to recognize and issue general rules according to the general principles underlying the right Mixe, with jurisdiction throughout the regional level.
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Having an executive body appointed based on the mechanisms of choice.
IN THE LEGAL FIELD:
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act as a second instance in the case of conflicts that exceed the scope of a community, or in the event of problems that communities voluntarily turns them because of their gravity. (This would, in our case, to institute a Court Mixe .)
-CULTURAL EDUCATION LEVEL:
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intercultural education plans in accordance with the reality and interests Indians, in coordination with state and national education authorities.
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effectively ensure that respect for the official status of indigenous languages \u200b\u200balongside English, and promote the use and development of indigenous languages.
Among the advantages of implementing regional autonomy, it was noted that financial resources would handle relatively high and would have the capacity to implement regional development plans. At the same time, would have a political power that would enable them to negotiate with states from a position of strength significantly greater than that of the communities and municipalities. However, the main disadvantage that we see this kind of autonomy would be among the mixes today there is no clear understanding on whether to establish regional autonomy and, therefore, if this were to be be lived as something alien to our demands. It has also been criticized also disadvantages of multi-ethnic autonomous regions, the difficulty that would demarcate the different political participation of indigenous and mestizo population who reside in the region and the danger of encouraging a more bureaucracy.
particular, and from what has been discussed in several community and regional forums, argue that the step that should be given priority now is to community autonomy. This is because we are convinced that the autonomy process must be built from the bottom up and not vice versa. At present, although in many ways has not obeyed our will, the reality is that our everyday experience mixes collective dimension primarily at the community level.
mixes communities, through different historical circumstances, we have developed and maintained our community values. Thanks to them we managed to cope so far with our own efforts, and we have built with our tequios the municipal offices, schools, temples ... without any outside help. Strongly wish to maintain these values \u200b\u200band the social, economic, political, legal and cultural derived from them, as we have been doing so far. In particular, we are concerned the strengthening of our independence with regard to maintaining control over our lands and in the sense of community assemblies continue to function through to make our decisions and to elect officials who will represent us. We believe that community autonomy is the most appropriate way to preserve these securities in the community.
On the proposal to prioritize autonomy Community has been criticism that could contribute to greater fragmentation of indigenous peoples and fostering relationships linked to the central cacique. [7] In this regard, we note that the gap between our communities and in the mixes is this an unfortunate reality we face. And as the second argument, in the Mixe region, even despite the isolation of our communities, only isolated cases have occurred chieftaincy problems. In fact, precisely the worst despotism experiences we have lived the mixes have had a regional character. That is why among us remains a distrust of the possibility that one or a few individuals come to hold power or representation of the whole region, for fear that then do not take into account the will of the communities in which we are all represented themselves. Therefore we can say that in general, that mixes isolation of communities has contributed more than anything to strengthen the independence and sense of identity for each one of them.
However, this must not be interpreted as meaning that we cling to the Community dimension. It is clear that such autonomy has its limits very clear: an excessive localism can "forget" to that community as part of a people and the wider culture. On the other hand, economic resources only allow communities to undertake development projects of small scale, and often do rely on other top administrative bodies to have a longer range.
Aware of these limits, facing a perhaps not very distant future, yes we plan to achieve regional autonomy, which in our case, since the eighteen municipalities mixes form a compact territory, should be mono-ethnic character. At the regional level multiethnic, the experiences we have had so far to meet different communities mixes, Zapotec and Chinantec have proved positive and encouraging, but we believe that we still have matured a lot in this regard. We find it hard to think right now postulate a regional autonomy for the mixes when present, between us, there are regional meetings only every two or three years. In contrast, our daily life takes place mostly within the community and, therefore, from our point of view of community autonomy is the foundation of the building. That is why mandatory should be strengthened first community level.
Therefore, we hold that in the national and state laws should take measures to:
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The extensive recognition and effective respect for the legal personality of indigenous communities as social entities, political, economic, cultural and legal, and not only in regard to agriculture, as currently recognized in Article 27 of the Constitution.
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The implementation of a real administrative and fiscal decentralization and the granting of greater financial resources to communities and municipalities.
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The inalienable, indefeasible, and applicability of our lands.
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Full respect for the communal statutes in the various fields community life, not just in agriculture.
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recognition and respect for our indigenous legal systems and the specific rules that exist in each of our communities. This would include legal recognition of the power of our traditional authorities to prosecute offenses committed within the community, based on the legislative powers and if they so choose.
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guarantee respect for our own mechanisms for election of officers, by assembly, without resorting to political parties; conceiving authority as a service and taking into account the charges previously completed by the individual.
On this last point, several indigenous organizations recently presented to the House of Representatives of the state of Oaxaca a proposed amendment to the Code of Political Institutions and Electoral Procedures and some articles of the Constitution of the State. Our demand is that which is legally recognized and there is in fact the vast majority of communities and municipalities in Oaxaca, and therefore deleting the requirement to register by political party and elected officials meeting. This reform proposal was unfortunately not accepted in full, but was approved to remove this obligation.
These would propose legal reforms to be taken more immediately. But the changes should not be there. Given the wide range of situations in which we find the various indigenous peoples of Mexico, we think the Constitution should pick up the different possibilities of realization of autonomy have been raised by organizations and indigenous representatives from around the country over the months. Therefore, the Mexican legal system should include a comprehensive and flexible model of autonomy for each Indian territorial entity could choose which one best suits your situation. In the case of indigenous areas, the Constitution should regulate the three levels of autonomy, community, municipality and region-whether or mono-ethnic, multiethnic, together with the states and the federation, would be the five "stories" the organization of the Mexican state. In this sense, the Constitution, since it is the highest law of the country, should reap some of the general principles governing the functioning of indigenous autonomy, while the specific requirements for each situation, for each community, town, village or region, should be regulated in the constitutions of the states and in the statutes respective autonomy.
Notes:
Paper People's Services Mixe, AC, general coordinator Adelfo Regino Montes, National Indigenous Forum held in San Cristobal de las Casas, in January 1996. | |
See Joseph A. Obieta Chalbaud The human right of self-determination of peoples , Tecnos, Madrid, 1985, and Esterbauer Frier, "The right of self-determination of peoples" in Self-determination of peoples. A challenge for Europe Euskadi , 2000 Country, Bilbao, 1985. | |
Mexican Legal Dictionary, Porrua-UNAM-IIJ, Mexico, 1991. | |
V Reality State Forum on Indigenous and Peasant Black Memory , Cenami, AC, May 1995, Oaxaca, Oaxaca. | |
Cited by Héctor Díaz-Polanco, regional autonomy. Self-determination of indigenous peoples , Siglo XXI, Mexico, 1991, p. 166. | |
See Díaz-Polanco, op. cit. p. 151. | |
See José del Val, "Worldview, legal practices of indigenous peoples and autonomy "in Ojarasca , ns. 31-32, Mexico, 1994. | |
Díaz-Polanco," The autonomy, a Mexican development "in Ojarasca , n. 44, Mexico, 1995, p. 34. |