Wp -indigenous_constitutional_recognition

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Wp -indigenous_constitutional_recognition

  1. 1. Indigenous Peoples’ constitutional recognition in twomultiethnic states: a cross-national exploration of Bolivia andPeru Miguel MorillasTheoretical framework, methodology and justificationThere are two types of paradigms that have been used for understanding liberal democraciesunderstanding them as visions of social justice: redistribution and recognition. According toNancy Fraser, members of the first camp hope to redistribute wealth from the rich to the poor,from the North to the South and from the owners to the workers. Members of the second, incontrast, seek recognition of the distinctive perspective of ethnic, racial and sexual minorities,as well as of gender difference and adds that the first paradigm has led to theorizing aboutsocial justice whereas the paradigm orientation is relatively recent and has lately attracted 1political philosophers. Among ethnic minorities it can be found endless examples of a possibleapplication of both paradigms can be found, since they can be at the same time less favoured inredistributive terms and also misrecognized. One of these ethnic minorities are indigenouspeoples (IPs) whom are defined by Kymlicka and Norman as a national minority in theirtypology of minority groups. For them IP meet the criteria of minority nationhood and exist in allthe continents. Typically their traditional land were overrun by settlers and then forcibly, orthrough treaties, incorporated into states run by outsiders. IPs usually seek for the ability tomaintain certain traditional ways of life and beliefs while nevertheless participating on their ownterms in the modern world. In addition to the autonomy needed to work out this sort of project,IP also typically require of the larger society long-overdue expressions of respect andrecognition to begin to make amends for indignities they suffered for decades or centuries as 23second-class citizens or even non-citizens or slaves. A similar definition is given by theInternational Labour Organization but introducing the concept of “Tribal peoples” whom aremembers of independent countries whose social, cultural and economic conditions distinguishthem from other sections of the national community, and whose status is regulated wholly orpartially by their own customs or traditions or by special laws or regulations; peoples inindependent countries who are regarded as indigenous on account of their descent from thepopulations which inhabited the country, or a geographical region to which the country belongs,at the time of conquest or colonisation or the establishment of present state boundaries andwho, irrespective of their legal status, retain some or all of their own social, economic, culturaland political institutions (ILO Convention, 1989).1 Fraser, Nancy. 2001: 21.2 Kymlicka and Norman, 2000: 20.3 Kymlicka, Will and Norman, Wayne (2000). Citizenship in Culturally Diverse. Societies: Issues,Contexts, Concepts: 20. 1
  2. 2. If we take these paradigms and apply them to IPs in a myriad of countries around the world itcould lead us to think that both redistribution and recognition could be present. That is, someindigenous communities would be willing to be recognized in order to have the rights of theirancestral territories, cultural practices and traditions as part of the national demos on equalfooting with the other communities but also it can be the case that indigenous peoples astraditionally being part of the less favoured groups of a given society, regardless of being anumerical minority or not, claim for social justice in terms of a fairer way redistribution ofresources.For the case of Latin American IPs, if we try to fit their vindications in what Fraser -trying toconciliate redistribution and the identity model of recognition- defines as the status model ofrecognition, we should take into account that we will be attempting to transcend the merecultural recognition of their specificities and the traditional economical disadvantage that they 4have gone through the establishment of the republics in the continent. They way to attain atype of recognition that would tend to equate its status is defined as constitutional recognition,since constitution is the mean to set fundamental principles to rule society in the terms that thesociety itself consider the fairest.Constitutional recognition is, thus, not a mere theoretical statement of compliance but it istranslated in specific binding norms that aim to rule society since. From a structuraliststandpoint, states constitutions could set the patterns of a new more inclusive citizenshipthrough the moulding of people’s behaviour. Constitutional recognition aims to proceed in thisway towards an ethos characterized by participatory parity. That is –in the case of LatinAmerican IP- the deontological component of recognition in Fraser’s status model.This effort is oriented towards tackling what could be call misrecognition which is a matter ofexternally manifest and publicly verifiable impediments to some people’s standing as fullmembers of society (Fraser, 2001: 27). In our case, to find an objective criterion to measure asubjective concept such as misrecognition we choose the lack of constitutional specification ofthe status of IPs and its disappearance as a differentiated cultural entity susceptible to besubsumed in “peasants” or “poor”. There is ample historical evidence of discrimination againstindigenous populations which led to their objective inferior status in terms of access toeducation, health and inclusion in national projects in general. If we are prone to accept this asan injustice, from a moral point of view positive action has to be implemented to make possiblefor the less-favoured to interact with other members of society as peers (See Annex: Table 1).As José Bengoa pointed out, by proposing a multiethnic and multicultural society not only haveIPs questioned their own poverty and marginalization, but they have questioned the relations ofdomination of Latin American society based in racial discrimination, ethnic intolerance and4 According to Fraser, to view recognition as a matter of status is to examine institutionalized patterns ofcultural value for their effects on the relative standing of social actors. If and when such patternsconstitute actors as peers, capable of participating on a par with one another in social life, then we canspeak of reciprocal recognition and status equality (Fraser, 2001: 24). 2
  3. 3. domination of one culture on the other. The IPs have questioned the bases of the RepublicanState in Latin America, built on the idea of "one people, one nation, a single state (Bengoa, 52004).ILO clearly states that in the article No 169 of legally binding Convention that they seek for therecognition of the cultural and other specificities of indigenous and tribal peoples making clearthat Indigenous and tribal peoples’ cultures and identities form an integral part of their lives.Their ways of life, customs and traditions, institutions, customary laws, forms of land use andforms of social organization are usually different from those of the dominant population. TheConvention recognizes these differences, and aims to ensure that they are protected and takeninto account when any measures are being undertaken that are likely to have an impact onthese peoples (ILO, 1989). If the constitutions of those states that posses indigenous populationhave to comply with international law then they have accept these terms in the way it has beenspecified in the Convention.At the international level we could see that the ILO resolution on IPs fits with Fraser’s idea of theuse of recognition in a deontological way oriented to find a parity of participation. In this regards,the principles of consultation and participation are specified requiring that indigenous and tribalpeoples are consulted on issues that affect them. It also requires that these peoples are able toengage in free, prior and informed participation in policy and development processes that affectthem related not only to specific development projects, but also to broader questions ofgovernance, and the participation of indigenous and tribal peoples in public life (ILO, 1989).Thus, recognition is not only done for the mere sake of cultural diversity but it impliesparticipation.As we said, in the case of Latin America we could state that there is a clear correspondencebetween the notion of differentiated indigenous population and economic and socialdisadvantage. Rodolfo Stavenhagen, the United Nations Special Rapporteur on the situation ofthe human rights and fundamental freedoms of indigenous people until 2008, stated that one ofthe biggest changes that have occurred in the last half century in Latin America concerningindigenous peoples is precisely its emergence as new political recognized actors. They havebecome organized, they take part in elections, they have their militant organizations, and they 6are placing their demands in the public agenda .The first problem when it comes to talk about IPs in Latin America is the problem in politicalterms is who is defined as indigenous. This inaccuracy in the demographic measurement,hence, the difficulty that we find when it come to state an exact –or approximate- figure of howmany indigenous peoples inhabit each country. Five states are considered bearing significantindigenous population in the continent in the whole: Mexico, Guatemala, Ecuador, Bolivia and5 In: Aguilar, Gonzalo; Lafosse, Sandra; Rojas, Hugo; Steward, Rébecca: 57.6 HemiScope special Edition, Interview by Peter H. Smith with Prof. Rodolfo Stavenhagen Series:HemiScope [6/2008] [Public Affairs] [Show ID: 14667]. 3
  4. 4. Peru. Within these states, if we focus on the percentage of IP compared with non-indigenouspopulation. According to Mesa Gisbert, only two states will have more than the half of the total 7population conformed by IPs: Guatemala and Bolivia. Thus, in this sense IPs internallyrepresent a numerical majority.This paper will focus on three countries from the Andean region of South America: Ecuador,Bolivia and Peru. The reason for this selection lies on the fact that they are the countries withthe largest indigenous populations in South America and are often deemed to have similarpolitical reality and ethnic composition, as previously mentioned. In extension, it is notdelusional to see indigenous populations in these countries as political actors, since they wouldrepresent an important part of the total population, can modify the existing political institutionsand integrate more inclusive patterns within the existing democratic context, e.g. in regards tosocial policies and participation. Thus, it comes to mind that the implications will certainly have agreater impact in those countries with a large indigenous population rather than in those thathave not. It can be the case that in some countries the IP are acknowledged as part of a“historical minority” (e.g. Argentina, Chile, Brazil, Costa Rica) given its more reduced number,whereas in other countries IP could be considered more vivid and influencing political actors 8(e.g. Ecuador, Guatemala, Bolivia, Peru).In this regards, IP in the last decades they have become legally recognized in a large number ofLatin American countries, being implemented legal and constitutional reforms wherefore firsttime they are recognized as actors in their own society and subjects of the law and bearers ofhuman rights (Stavenhagen, 2008). Nevertheless, the kind of recognition conferred may varynot only between those countries that have been considered to have la significant indigenouspopulation and those that have less but also among countries those with a significantpopulation.In order to set clearly the methodological ground of this work there are three important remarksto take into account:First, for some political observers and scholars, there are characteristics that could tie up thepolitical scene: their condition of peripheral countries (Faletto and Cardoso), the evolution oftheir political party system (Tanaka), the ethnic composition of their population and thegeographic fact of sharing both the Andean mountains and the Amazon basin with its social and 9cultural implications as well as being bordering countries with its political outcomes. Eventhough these factors play certainly an important role in setting a culture and moulding the7 Mesa Gisbert, Carlos. Bolivia, la concepción indigenista. Seminary at Universitat Pompeu Fabra, inBarcelona (Spain), on February 21, 2011.8 Even though Guatemala counts with an important indigenous population it is discarded forunderstanding that it belongs to a certain point to a difference geographical area and to a certain pointexperiencing different political influences.9 Some external observers tend to put these countries together as subject of political and economicalanalyses. 4
  5. 5. political cultures, the aim of this paper is to understand precisely a social fact that seems to be aschism within this apparent congeniality. That is, the constitutional treatment in terms ofrecognition of the indigenous peoples.To achieve this goal the way to proceed is through cross-national comparison using thecomparative method. The advantage is that many variables are somehow “parametrized”: at asimilar degree of economic development, similar culture and belonging to the samegeographical area, we can consider these characteristics as constant and check for theinfluence of other factors (Dogan and Pelassy, 1990: 134) In this approach, as part of the fieldof political science, the political factors are highlighted.Secondly, the way to undertake the investigation of the chosen topic will be the historiographicmethod seeking to explore which were the social and historic facts that influenced the current 10state of the constitutions. As consequence, it is desired to use historical data -as far as thelimited resources permit- to formulate a tentative explanation although trying to be humble withthe scope of our results and the possibility of extrapolations specially taking into account thatthe use of a comparative method has the disadvantage that the findings cannot go beyond so-called middle-range theories –theories that apply only in a restricted area. Moreover, it isbelieved from a Weberian approach that there are manifold factors that could intervene in theconformation of our current institutions, understanding institutions from a sociological way aswhat we take for granted in our social lives. Thus, it is preferred that this matter is approachedwith a qualitative assessment -since the logic underlying recognition of difference is lessuniversally binding than the norms of redistribution- as we attempt to study cultural practices,traits and identities which depend on historically specific horizon of value as Fraser pointed out.Lastly, it should not be forgotten is the definition of IPs used, we have basically equated themas ethnic minorities. Nevertheless, in the selected countries to be compared in this essay IPmake up a substantial share of the population and is rather an open question and not the aim ofthis paper whether to fit them in the conventional definition of a minority, which normally adds tothe fact of having certain qualitative characteristics, the condition of being also numerically 11inferior. Here we pick a term coined in sociolinguistics by Tove Skutnabb-Kangas preferring to 12define IP in Bolivia and Peru as minorized-majorities which embrace a wide range of scatteredcommunities.Understanding the current state of recognition in Bolivia and Peru10 By historiography I refer to the Weberian conception of the study society and social change. ForWeber, society is not structure, an existing thing, but interrelated actions. His historical data stretched intoareas of religion East and West. Also historical evidence can come from logic, mathematics, empathy,emotion and artistic-receptive leading towards different categories of rationality and social action (Green,Troup, 1999, 113).11 The case of the South Africa ruled by the apartheid system is perhaps one of the most illustrative.12 In: Phillipson, Robert (ed.) (2000). Rights to Language: equity, power, and education: 85. 5
  6. 6. There is an international consensus reached by the international community on indigenouspeoples` rights. For instance, the Convention No. 169 concerning indigenous and TribalPeoples in Independent Countries adopted by the International Labour Organization (1989), theUnited Nations Declaration on the rights of Indigenous Peoples (2007), and the Convention onthe Protection and Promotion of the Diversity of Cultural Expressions (2005) adopted by theUnited Nations Economic, Social, and Cultural Organization (UNESCO), as well as otherinternational instruments that seek to inform and guide domestic legal order. In effect, non-discrimination, self-determination, cultural integrity, property use, control and access to lands,territories, and resources, development and social well-being, and participation are the essential 13elements of the international standard for IP’ rights. It is therefore believed that constitutionalrecognition of both states should account on these matters.Despite the model of Kymlicka and Norman that defines IPs as a “national minority”, theconcept of minority implies the application of a legal statute completely different from the statusof “people” such as the right of self-determination. Therefore, it is important to pay specialattention in how the nomenclature is chosen in the constitutional text since the terms that beused could also be ethnic group, community, etc. These terms may lack the legal capacity togenerate the application of a special statute, which stand at the heart of indigenous claims(Aguilar, La Fosse, Rojas, Steward, 2010).In this regards the Bolivian Constitution make an explicit reference to the rights of the IPs:“Bolivia is a unitary state Multinational Law Social Community, free, independent, sovereign,democratic, intercultural, decentralized and autonomous. Bolivia is based on plurality and political,economic, legal, cultural and linguistic pluralism within the integration process of the country”. (art.1)14“They recognize, respect and protect on the mark of the Law, the social, economic, and cultural rights ofindigenous peoples that inhabit the national territory, especially those relating to their original communallands, guaranteeing the use and improvement of sustainable natural resources, their identity, values, 15languages, customs and institutions (art. 171)”.Moreover, one of the particularities of the Bolivian Constitution is the recognition of autonomyand self-governance and to the recognition of their institutions (art. 2) but within the boundariesof a State which is considered “Unitarian” (art. 1). This is, for instance, made specific in the 16Ecuadorian constitution which tries to safeguard the integrity of the state .13 Aguilar, Gonzalo; Lafosse, Sandra; Rojas, Hugo; Steward, Rébecca. The Constitutional Recognition ofIndigenous Peoples in Latin America: 46.15 Constitución del 2009 [Constitution] Feb. 7, 2009, art. 171 § I (Bol.).16 Constitución del 2008 [C.P.] [Constitution] Sept. 2008, art. 56 (Ecuador). 6
  7. 7. “Given the pre-colonial existence of nations and original indigenous peoples and their ancestral controlover their territories, one guarantees their self-determination in the setting of State unity, that consists oftheir right to autonomy, to self-governance, to their culture, to the recognition of their institutions and theconsolidation of their territorial identities, which conform to this Constitution and to the Law (art. 2)”.17Self-governance of the IPs is feasible in the light of international law, specifically the mentionedin the article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (DRIPs):“Indigenous peoples have the right to self-determination. By virtue of that right they freely determinetheir political status and freely pursue their economic, social and cultural development.”18Another important remark has to be done about the concept of nation in the art.2 in the sensethat any analysis has to be conducted taking into account how the concept of nation is regardedin the actual political and social context meaning what type of implications this involves.We have defined at the beginning Bolivia and Peru as multiethnic countries characterized bycultural diversity, that is, the coexistence of a variety of ethnic communities within the state. The 19Bolivian ethnic landscape is compound with 15% European descent people, 30% mestizo , 2030% Quechua and 25% aymara , there are also other small communities being particularlyremarkable the presence of afro-descendant and Asians. In the last census, in 2001, theindigenous population amounted to 5.064.992 being composed of these main groups Quechua 21 221.555.641, Aymara 1.277.881, Guarani 78.359, Chiquitano 112.216, Mojeño 43.303. (SeeAnnex: Map 1.1). Peru, in turn, has Amerindian 45%, mestizo 37%, European descent 15%,Afro descent, Japanese, Chinese, and other 3%. The indigenous population is put at about3.000.000 Quechua and Aymara in the Andean Region and 200.000-250.000 Amazonians from40-50 ethnic groups. In the Andes there are 5.000 indigenous communities but few denselypopulated settlements (See Annex: Map 2). For both cases, the figures are a tentative estimate.With regards to cultural diversity, it is clearly stated in the article 1 but it is also extended and 23detailed and described its promotion as desirable because it represents a way of pluralism.17 Constitución del 2009 [Constitution] Feb. 7, 2009, art. 2 (Bol.).18 United Nations Declaration on the Rights of Indigenous Peoples. Art.3.19 Some may be particularly critical about the purity of the concepts such as “white” or “mestizo” so theyrather have to be linked in the complex history of ethnic relations in Latin America which is characterizedby the porosity of these “ethnic frontiers”.20 CIA Fact Book 2011.21 Instituto Nacional de Estadística: Bolivia: autoidentificación con pueblos originarios o indígenas de lapoblación de 15 años o más de edad según sexo, área geográfica y grupo de edad, Censo 2001.http://www.ine.gob.bo/indice/visualizador.aspx?ah=PC20113.HTM22 In addition, other indigenous minorities exist: araona, baure, bésiro, canichana, cavineño, cayubaba,chácobo, chimán, ese ejja, guaraní, guarasu’we, guarayu, itonama, leco, machajuyai-kallawaya,machineri, maropa, moré, mosetén, movima, pacawara, puquina, sirionó, tacana, tapiete, toromona, uru-chipaya, weenhayek, yaminawa, yuki, yuracaré y zamuco. Information obtained from: Constitución del2009 [Constitution] Feb. 7, 2009, art. 5 (Bol.).23 Constitución del 2009 [Constitution] Feb. 7, 2009, art. 2 (Bol.). The Bolivian State is plural-nationaland intercultural, id. art. 1; the State should foment the intracultural, intercultural, and plural-lingual 7
  8. 8. The Peruvian constitution acknowledges and protects ethnic and cultural pluralism but it doesnot make any specific reference to promotion.“Every individual has the righ to his ethnic and cultural identity. The government recognizes and protectsthe ethnic and cultural plurality of the nation”.24 25Political participation, which according to Fraser would be the aim of recognition , is included inthe case of Bolivia expressly guaranteeing the right “to participation in the benefits from theexploitation of natural resources in their territories and the right to participation in State bodies”.26Moreover, from the perspective of voters‘ rights, the new Bolivian Constitution incorporates theright for “the direct election of representatives from nations and indigenous peoples, in accords with theirnorms and own procedures”.27 28Both self-determination and political participation are of crucial importance when it comes todiscuss about natural resources for a two fold reason. First, and fundamentally it resides in thespecial relationship that indigenous people shared with the spaces that they have traditionallypossessed, occupied or utilized considering themselves historically and spiritually united to the 29land and they envision a holistic view of life, earth and environment. Secondly, thisrelationship often confronts with other interests being, for example, the extractive industries themotor of these countries’ economies and often in conflict with indigenous claims for ancestralterritories both in the Andean Region and the Amazon basin which is a shared territory between 30these two countries.In this regards, the section dedicated to “environment and natural resources” of the Peruvian 31Constitution does not make any reference to the right of use of natural resources by IPs :“Natural resources, renewable and non-renewable, are patrimony of the Nation. The State is sovereign indialogue (art. 9.2, in relation to art. 100.I), id. 9.2; see id. 100.I; and preserve the plural-national diversity,id. art. 9.3; it recognizes the right to cultural identity for nations and indigenous peoples, id. art. 30.II.2;moreover, it mentions that cultural diversity ―constitutes the essential base of the Plural-NationalCommunitarian State, id. art. 100.I; the inter-culturality being ―the instrument for the cohesion and theharmonic and balanced coexistence between all of the peoples and nations, id.24 Constitución Política del Perú [Constitution] Dec. 29, 1993, art. 2. 19.25 Fraser says about the status model that it “claims for recognition to establish the subordinated party as afull partner in social life, able to interact with others as peers. They aim, that is, to de-instituionalizepatterns of cultural value that impede parity of participation and replace them with patterns that foster it”.(Fraser, 2001: 25).26 Constitución del 2009 [Constitution] Feb. 7, 2009, arts. 30. II.16, 30.II.18 (Bol.).27 Constitución del 2009 [Constitution] Feb. 7, 2009, arts. 26II.4 (Bol.).28 Aguilar, Gonzalo; Lafosse, Sandra; Rojas, Hugo; Steward, Rébecca. The Constitutional Recognition ofIndigenous Peoples in Latin America: 67.29 United Nations Declaration on the Rights of Indigenous Peoples. Art.25.30 Examples that can be given are the “Gas War” in Bolivia:http://news.bbc.co.uk/2/hi/americas/3196926.stm and the “Baguazo” in Peru:http://news.bbc.co.uk/2/hi/8093729.stm31 The concepto f natural resources involve both renewable and non-renewable resources that are found inthe ground (including, for example, waters an forests), in the subsoil and within traditional territories. 8
  9. 9. their utilization. The Act determines the conditions of their use and granting to private individuals. Suchconcession grants the title-holders a real right subject to those legal regulations”.32Although the specification of natural resources is absent, the Peruvian constitution does refer toland and territories: The State supports preferably the agricultural development and guarantees the rightto ownership of the land, whether private, community or any other form of partnership. The law maydefine boundaries and land area based on the features of each zone. According to legal provision, theabandoned lands revert to State ownership, for their putting up for sale.33 And continues: The rural andnative communities have legal existence and are artificial persons. They are autonomous in theirorganization, community work, and usage and free disposal of their lands, as well as in the economic andadministrative aspects within the framework as provided by law. The ownership of their lands isimprescriptible, except in the case of abandonment described in the preceding article. The State respectsthe cultural identity of the rural and native communities. 34It should be noted first that the collective aspect is recognized but the terms used are “agrarian”and “native” communities instead of “indigenous”. In fact, in the whole Constitution the term“indigenous” is used only once when referring to “indigenous communities” in their relation to 35the Regional Governments within the State structure.In terms of indigenous languages, the Peruvian Constitution seems to respect and preservetheir existence. However, besides Quechua and Aymara it does not name any other languages,leaving this recognition somewhat vague: “Official languages of the State are Spanish and,wherever they are predominant, Quechua, Aymara and other native tongues in accordance with 36the law”.The Bolivian constitution specifies that each of each of the thirty-six indigenous languagesshould be recognized as official languages of the State together withSpanish. With regards tonational and local governance, the Bolivian Constitution mentions the utilization of at least twoofficial languages, assuming that one of these languages is indigenous. This step constitutes anew development in Latin American constitutionalism. Furthermore, the Bolivian Statecompromises itself to respect and promote indigenous languages.Among the countries it has been mentioned that the ones that posses substantial indigenouspopulation in Latin America, Mexico, Ecuador and Bolivia have the broadest constitutional32 Constitución Política del Perú [Constitution] Dec. 29, 1993, art. 66.33 Constitución Política del Perú [Constitution] Dec. 29, 1993, art. 88.34 Constitución Política del Perú [Constitution] Dec. 29, 1993, art. 89.35 Constitución Política del Perú [Constitution] Dec. 29, 1993, art. 191. (Amended in 2005). “ThePresident is elected, together with a Vice-President, by means of direct elections for a four-year term, andmay be reelected. The members of the Regional Council are elected likewise, and for the same term. Themandate of such authorities is revocable but non-renounceable,, according to law.The law determines the minimum percentage to facilitate representation of women, rural and indigenouscommunities, and aboriginal peoples, in regional councils. The same applies for municipal councils.”36 Constitución Política del Perú [Constitution] Dec. 29, 1993, art. 48. 9
  10. 10. recognition in terms of intercultural bilingual education. The Bolivian constitution establishes that“Education is unitary, public, universal, democratic, participatory, community, aims to 37 38decolonization and of quality” and is “intercultural, intracultural, and multi-lingual education in 39all of the educational system” . Moreover, in the field of public universities, the new BoliviansConstitution establishes the creation of intercultural training centers for human resources andprograms designed to “recuperate, preserve the development, apprenticeship, and the 40dissemination of different cultural languages”. The Bolivian Constitution seems to be by far themost progressive in Latin America concerning the intercultural education.On the other hand, the Peruvian Constitution only mentions intercultural bilingual education inthe article 17: “The State guarantees the eradication of illiteracy. It also promotes bilingual andintercultural education, according to the characteristics of each area. Preserves the diverse cultural andlinguistic manifestations of the country. It promotes national integration.”41It has to be added that in Peru in April 2005, the Peruvian Congress enacted a law that foundedthe Instituto Nacional de Desarrollo de Pueblos Andinos, Amazónicos y Afroperuano (INDEPA), 42as part of the Ministry of Women and Social Development , which mission is to promote, 43advocate, research and affirm the rights and identity development of indigenous peoples inthe main following areas: cultural heritage of the nation, whether tangible or intangible;contemporary culture and living art; cultural management and cultural industries; ethnic andcultural diversity of the nation.Some of the most important characteristics of the current state of recognition between thesecountries has been reviewed. Nevertheless, to have a broader picture and to sharpen ourcomparison it would be a non-sense not to locate it into the Latin American context regardingIPs recognition taking into account that cross-national comparison are permeated by the factthat the composition of each country varies given their ethnic and cultural heterogeneity, thismay –or may not- affect the current state of recognition (See Annex: Table 2).Up to the present, there are clear differences in the state of recognition between thesecountries. But is yet to be defined which factors have been determinant or influenced on theseconstitutional outputs. We may come to think that in the Latin American context we could saythat whereas Bolivia could claim the most progressive constitution in regards to indigenous37 The term chosen in the Bolivian Constitution in Spanish is descolonizadora.38 Constitución del 2009 [Constitution] Feb. 7, 2009, arts. 78.1 (Bol.).39 Constitución del 2009 [Constitution] Feb. 7, 2009, arts. 78.2 (Bol.).40 Constitución del 2009 [Constitution] Feb. 7, 2009, arts. 96.1 (Bol.).41 Constitución Política del Perú [Constitution] Dec. 29, 1993, art. 17.42 In September 2010 was incorporated into the newly established Ministry of Culture by the SupremeDecree 001-2010-MC.http://culturaperu.org/sites/default/files/usuarios/7/DECRETO%20SUPREMO%20N°%20001-2010-MC%20-%2025SEP.pdf43 Ley nº 28495 del Congreso de la República del Perú, April 15th 2005.http://docs.peru.justia.com/federales/leyes/28495-apr-6-2005.pdf 10
  11. 11. rights (See: Table 2) Peru lacks of some important aspects in regards of recognition such as theacceptance of Indigenous as peoples, rights over natural resources, capacity of self-determination and political participation.In conclusion, it could be argued that the legislation concerning indigenous rights is aconsequence of indigenous peoples’ level of political participation, which can be promoted -as itis the case of Bolivia- or restrained -as Peruvian experience shows- by the political and socialstructure. At his point, it is important to make a historical analysis in order to explain the currentdifferent situations that Bolivia and Peru are experiencing, which means going further back tothe new Bolivian Constitution created by indigenous President Evo Morales in 2009 and the1993 Peruvian Constitution.A historical approach of indigenous empowermentPrecisely after the fall of the Berlin wall with the subsequent establishment of new differentiatedRepublics in Eastern Europe and Central Asia, a process of rethinking the understanding of thebig social and political processes in terms of identity takes place in Europe affecting otherrealities. In addition it has been outlined that among the series of factors that had movedminority rights and ethnicity to the forefront of political theory we can also find the resurgenceand political mobilization of IPs resulting in the Draft declaration of the Rights of IndigenousPeoples at the United Nations (Kymlicka and Norman, 2000: 3) in this period. Due to the uneasytransitions to democracy that took place in many Latin American countries during the 1980s, aswell as the influence of world wide economic and cultural global trends, states throughout LatinAmerica have been increasingly concerned with the reformulation of nations as multiethnic ormulticultural spaces. Because of their appeals for ethnic, cultural and political autonomy andrecognition, indigenous groups throughout the region are now prominent actors in discussionsabout national identity and citizenship in Latin America. In the1990s particularly, the region sawa surge of indigenous political and cultural activity. However, this phenomenon has beenexperienced differently in each country and some historical references have to be highlighted ineach country in order to better grasp the latest events.Bolivia 44When addressed in an interview in 2008, to give his opinion about the recent election of anindigenous president as Evo Morales in Bolivia as an explicit example of empowerment in thepublic scene and the reasons why was this was happening there and not in Peru, RodolfoStanvehagen affirmed that the histories of both countries during the post-colonial, Republican44 Bolivia and Peru used to be part of the same colony. 11
  12. 12. periods and specially the XX century have been quite different specially regarding two events in 45the history of Bolivia: the Chaco War (1932-35) and the Revolution of 1952. 46According to Carlos Mesa, Since the times of Tupac Katari , indigenous uprisings have beenrecurrent in the history of Bolivia until 1952. These revolutions have been based on claims overthe control of land fundamentally. The 1952 revolution led by the MNR political party,transformed Bolivia from a semi-feudal oligarchy to a multiparty democracy byintroducing universal suffrage, nationalizing the mines of the three Tin Barons, and carrying outa sweeping agrarian reform. Constitutionally speaking, it was a democratic watershed,advancing the recognition of indigenous peoples as fellow citizens (though not as “indigenous”but as campesinos, or small-scale agriculturalists) and asserting right to vote, to education, and 47to land, as well as other individual civil and political rights. The use of the land wasrecognized, nevertheless, in an individual way and not collective. Thus, indigenous wouldaccess it in that way and not as they used to in pre-Hispanic times.Moreover, the nation-building process of the period, like other countries in Latin America,brought together the different class, ethnic and regional distinctions into the umbrellaintegrationist term of mestizo which vindicated the allegedly essence of the nation. The ideologyof mestizaje was paired then with the extension of individual citizenship rights to newlydesignated campesinos who would set their collective cultural investments in keeping theexpectations of modernity Paralallely, the 1952 state deprived people of their originario identity(Albro, 2010: 74, 75) taking a clear assimilationist stand. According to the authors reviewed,while there was an extension of citizenship, it has been seen as a partial revolution as adictatorship would take over and also because it was not capable of transcend what has beencalled “Internal colonialism” defined as the ongoing struggle between two views: a liberal one45 In particular Stavenhagen referred to one of the has played a role in the awareness of indigenousidentity has been the Chaco war (1932-1935) between Bolivia and Paraguay which began creating anationalist conscious among a lot of member of the population, specially when indigenous peoples wereconscripted in the military service, taken out of their communities, forced to fight the petroleum companywar that they did not know anything about. Consequently, this created certain kind of awareness andenabled some of them to become active militants in social organizations later on. The second major issuewas the revolution of 1952, by the Movimiento Nacional Revolucionario (MNR) which opened upBolivia for more democratic participation. He added, that carried out some policies like the land reformwhich enabled indigenous populations who had been tied to the large state as serfs and peons particularlyin the Highlands to become owners of their own pieces of Land that of course did not give them politicalpower but it gave them greater space for democratic participation. Secondly, there was an educationaleffort carried out by the Government and there was an organization of the indigenous that worked in themines. All of that helped to create a social, cultural and political movement of indigenous peoples which,finally, after many ups and downs resulted in the election of Morales an Aymara Indian. HemiScopespecial Edition, Interview by Peter H. Smith with Prof. Rodolfo Stavenhagen(Season 2004: Episode 607). http://www.youtube.com/watch?v=JTYrgJI5OTg46 Aymara leader in the rebellion of indigenous peoples of Bolivia against the Spanish Empire in the early1781.47 After the revolution, the Agrarian Reform was carried out in 1953 which had as its main objectives, theelimination of latifundios (extensive rural property belonging to one person) and their reversion to theState, the abolition of peasant servitude, the delivery of land to peasants that did not have it (throughcolonization policies), the increase of production through the development of an agricultural industry, theenlargement of the domestic market and the viabilization of industrialization in the country (Urquidi1976). 12
  13. 13. and an cultural indigenous with its correspondent political arrangements. Overall, the equalizingcharacter of these measures did not imply the appearance of social mobility for IPs.During the 60s and 70s in Bolivia the struggles of the highland populations were thought interms of social class and organized in union-like organizational structures within a corporativestate. In this context is when CSUTCB (Sole Confederation of Rural Workers of Bolivia)emerges in the Highlands. It is by the moment when a great debate among highlandorganizations was over how to harmonize class and ethnic identities, how to “see with botheyes”, as the Aymara leader and later Bolivian Vice-president Victor Hugo Cárdenas put it. Overtime both external political events (like the mentioned fall of the Berlin Wall and the crisis of theInternational left) and internal ones (like the intellectual influence of radical Indianista nationalwriters like Fausto Reinaga) indianized class identities and struggles (Lucero, 2006: 4).According to Lucero and García, the incorporation of the indigenous movement in Bolivia, as 48opposed to Ecuador , has been done “from above” as ruling elites have set the terms of 49political participation to a greater extent and it has been rather fragmented, as lowland 50groups had less room to manoeuvre largely due to the central place of the lowland Santa Cruz 51in the distribution of the power in the country. So while in the Highland, which concentrates 5298% of the total indigenous population, indigenous organization emerged in the 1970s afterthe land reform, their counterparts from the lowland would not be able to do it after arrived the1980s, according to Kevin Healy due to the fact that these groups were surrounded by powerfulwhite and mestizo cattle ranchers, large commercial farmers, agrobusiness and timber 53enterprises whose holdings had been bolstered by government and international aid. Inconsequence, a lowland indigenous elite did not emerge until the 1980s with the appearanceinto scene of CIDOB (Confederation of Indigenous Peoples of Eastern Bolivia).Since 1985, the application of neoliberal democracy has been described as a negotiationbetween technocrats, managers and government officials” on the one hand and “distinct social48 As for the participation of indigenous people in the political scenee, they affirm that in Ecuador theywas rather forced in mobilization “from below”. Other factors that Lucero and García identify asdifferent in Ecuador are the relative unity of the movement and its higher level of radicalism.49 For example, the ascendancy of Aymara leader Victor Hugo Cárdenas to the vice presidency was madepossible by the selection of a dominant party (MNR) candidate and former planning minister, GonzaloSánchez de Lozada. This administration (1993-1997), however, led to further multicultural openings mostnotably in the Law of Popular Participation (LPP) and Agrarian Reform Law (Ley INRA). PresidentSánchez de Lozada made many enemies when the LPP transferred state funds from regional development“corporations” to local municipalities. Additionally, the legislation recognized the legal right ofindigenous people (as indigenous people) to participate in local governance. Local electoral contestsbecame meaningful in unprecedented ways as municipalities, for the first time in republican history,actually had significant resources to administer. (Lucero and García, 2006: 9).50 The indigenous population in the lowlands in composed mainly by Guarani, Quechua and Aymara and35 other groups making the 2% of the total indigenous population.51 See Annex: Map 1.252 Being the main groups Quechua and Aymara.53 Healy, Kevin. 2001. Llamas, Weaving, and Organic Chocolate. Notre Dame: University of NotreDame Press. 13
  14. 14. sectors trying to find a niche on the other (Gamarra, 1994: 10-11) precisely in this last one anactive indigenous movement started to evolve but we could state that even though politicalpushes can be identified in regards of incorporation of IPs into the economical and social life itis not until 1993 when Gonzalo Sánchez de Lozada again ran for president, this time in alliancewith the MBL, a leftist party, and the Tupac Katari Revolutionary Liberation Movement (MRTKL),an indigenous party formed in 1985 whose leader Víctor Hugo Cárdenas was the candidate forvice-president. The state, inspired by the ILO Convention 169, the 1994 constitution describedthe state as “multicultural and pluriethnic” amending the old assimilationist undertone of past 54constitutions. For the first time, the social, economic and cultural rights of the IPS wererecognized including the legal recognition of the traditional authorities of indigenous andpeasant communities.Under the mandate period of MNR and MRTKL several constitutional reforms were decidedupon that had implications for the participation of formerly excluded groups. These wereprimarily the Law of Popular Participation (municipalisation, popular vigilance and a legalrecognition of territorially based organisations) and the Educational Reform, which introducedbilingual and intercultural education. The LPP formally recognized the wide variety of traditionallocal and grassroots associations, including neighbourhoods and committees, agrarian unions 55and indigenous ayllus, while identifying and equating them all as “territorial baseorganizations”. Indigenous and popular representatives of these organizations could, further,serve as members of a committee overseeing the work of the municipal government or localoffice themselves (Albro, 2010: 75). The municipalisation process consisted in the drawing ofnew boundaries and destination of 20% of the state budget exclusively the municipalities.Approximately out of these 340 municipalities, 120 were composed almost purely by IPs.These constitutional and legislative reforms also set the scene for identity politics to emerge indiverse social and institutional contexts.As we can see the indigenous movements have come to play such an important role in theBolivian politics and is inserted in it within the “from above” approach of Lucero. The indigenousrecognition that the government of Morales has implemented is based in the elements of therevolution of 1952 and the constitutional reform of 1993.PeruLeft-leaning politician and former Congressman Javier Diez-Canseco considered the reason forthe lack of an indigenous movement in the Highlands was due to the historical fact of Perubeing the center of the Viceroyalty, and with a clear policy directed to destroyed and thwarted54 The article 171 can be read in the footnote 13. The article was modified by the Law Nº 1585 in August12th, 1994) and herewith replacing the article 171 of the Constitution of 1967: “the State recognizesand guarantees the existence of peasant unions”.55 Ayllu refers to a pre-Columbian communal form of characteristically Andean social and politicalorganization that continues to be present in different parts of Bolivia and Peru. 14
  15. 15. 56the indigenous identity in a very systematic way. Especially strong after the Rebellion of Tupac 57Amaru as well giving the more advanced process of miscegenation and cultural domination.Peru –where indigenous people constitute approximately 40 percent of the national population,but which claims no representative national indigenous confederation- has been considered anexception at best, a failure at worst in what concerns to indigenous empowerment. Scholars andactivist have pondered the “absence” of indigenous organizing the country, and they havelamented the lack of ethnic identification among Quechua and Aymara peasants. Compared toindigenous organizing in other Latin American countries, where indigenous federations areactively promoting the revival off indigenous language and culture, demanding collective rights,and forcing issues of sovereignty and self-determination into discussion about citizenship andnationalism, Peru remains a question mark in the literature (Lucero and Garcia, 2003: 158).From this assertion it could be extracted that an anthropological explanation such as a deeperpenetration of mestizaje, not only referred to blood mixing but mainly in culturally speakingsetting a different cosmovision. In fact, the percentage of IPs in Peru is lower than Ecuador andBolivia and the number of mestizos higher. So to the evidence that indigenous groups havebeen classified in a subordinate social and moral level it can be add the assumption that theyhave assumed such a position without contesting it. In this respect, De la Cadena argues thatsuch a line of thought reduces contestation to the sphere of politics proper, leaving out theimportant cultural politics of everyday life, through which – as she has demonstrated for the 58case of Cuzco – hybrid indigenous-mestizo identities are constituted. Thus, In Peru, ethniccollective action has been played out less in the sphere of politics proper, and more in thesphere of culture, where individuals and collectivities have been involved in a cultural politics of 59 60everyday life.56 A historical explanation that could make a difference with Bolivia is also that in Peru the colonialreorganisation destroyed a large part of the cooperative world of the Andean peasants while colonial Peruremained firmly ethnically divided, -and this division has become one of the country’s maincharacteristics.57 Agencia Chaski. Interview to Javier Diez-Canseco. http://www.youtube.com/watch?v=lRN5GrHvgEE58 The configuration of such identities is highly performative and implies a double move: a strategy ofresistance, where cultural features (language, dress, religiosity, music and dance) were kept in thedomestic sphere and lived as intimate experiences; and a strategy of accommodation, where particularcultural features were publicly expressed in a way that challenges hegemonic ethnic classification andhierarchies, and disputes the meanings attributed to indigenous and mestizo cultural features such asbackwardness, illiteracy, rural life, etc. In this sense, the tactics of everyday life (education, migration,music, the celebration of fiestas, etc…) imply not simply a process of acculturation and “whitening”, butrather the understanding of ethnicity in fluid terms, where contestation is not oppositional. (Canepa 2008:14).59 This assertion can be complemented by the following statement of Ivan Degregori when he justifies therelevance of the “ethnic factor” in both countries: “Observing Peru and Bolivia we have found thatmovements that define themselves in ethnic terms have not arisen everywhere, and where they do notarise in the same way or have the same characteristics nor the same evolution. So while there are suchmovements in Bolivia, in Peru there are none. However, including the Peruvian case will help us to seehow the ethnic factor influences politics even without the existence of ethnic movements, and also allowsus to see sharper other forms of action by indigenous peoples”. (Degregori, 1993: 5).60 Arguably mestizaje itself cannot be a determinant factor to define a countries identity: “While inMexico, the paradigm of national integration and assimilation through mestizaje was consolidated in most 15
  16. 16. A crucial moment in the evolution of the indigenous identity in Peru are the policies of theSpanish crown right after the death of Tupac Amaru in 1870 in which the indigenous groups lostmany of their privileges, such as the right to learn to read and write (Montoya 1998). Illiteracy asa feature of indigenous identity and culture was the result of state politics that actually shapedthe illiterate Indian subject, as an inferior “other”. Also, the use of Quechua was prohibited, aswell as the performance of any other practice or the use of any symbol that made explicit anyidentification with the Inca past. These cultural policies were crucial to the elimination of anindigenous elite, while the criollo constituted themselves into the only legitimate agents torepresent the Inca past. In words of Alberto Flores Galindo, the colonial administration attackedeverything that could be considered part of the Andean culture prohibited Indigenous theater 61and painting, reading the Comentarios Reales , the use of Quechua, traditional dress.Ethnocide? The truth is that the Indians began to be so despised and feared by those who werenot indians. Andean culture left public spaces and became illegal (Flores-Galindo, 1986: 6).Unprovided with an indigenous elite, the curacas, the capacity of self-representation wasseriously undermined. The power in the Andean rural hinterland would be replaced by the 62power of the Gamonalismo , a semi-feudal system that will create a progressive nexusbetween the elite groups in the capital and Gamonal, with the consequence of the shift of powerrelations and the evanescence and blurring of indigeinity.During the XIX century and until the beginnings of the XX, the concept of indio has beenassociated with cultural backwardness, ruralness and moral inferiority and equated to the termspoor peasant or serf (Canepa, 2008: 16). At the same time the dominant associations of theindigenous and the provincial with were being contested. During this process indigeneity cameto be ramed in the language of class, which was central to the way in which social movementsand their political agendas would be arranged, namely as the struggle for the land that was lostduring the expansion of the hacienda, and the right to education. Following this logic, the formalrecognition that has been done under the rule of Velasco Alvarado (1967-1974) whom -in orderto avoid the negative connotation of the concept- changed the concept of indio into campesino. 63Nevertheless, the change was in terms of class contributing on the process of de-ethnification.parts of the territory to the extent that indigenous movements were motivated to organise their claims asethnic minorities, in Peru the process of mestizaje, associated with the same integrationist project, failednot only because of the weakness of state efforts, but because of the diverse forms of indigenousresistance”. (Paredes, 2008: 19). Nevertheless, this cannot explain why Peruvians still definingthemselves primarily in class terms than ethnic terms.61 The Comentarios Reales de los Incas is a book written by Inca Garcilaso de la Vega, the first mestizowriter of colonial Andean South America, is considered by most to be the unquestionable masterpiece ofInca Garcilaso de la Vega and arguably the best prose of the colonial period in Peru.62 Gamonalismo: a term meaning “bossism,” used in Peru, Ecuador, and Bolivia. It is derivedfrom gamonal, a word meaning a “large landowner,” and it refers to the exploitation of the Indianpopulation, mainly by landowners of European descent (Britannica Online Enyclopedia).63 This vindication of indigeneity was soon followed by other laws legally strengthening the position ofthe Quechua language. The National Policy of Bilingual Education of 1972 called for bilingual education 16
  17. 17. The effects of Velasco’s regime policies ended up with the fragmentation imposing a class-based organisation in the countryside, but also intensified intra- and extracommunal divisions.Cooperatives with different design and policies were to be implemented for peasants in themodern plantations of the coast and peasants in the traditional and poor estates of the Sierradivided indigenous peasants’ interests and motives across these regions (Paredes, 2008: 14).Between the 1960s and 1970s, several organisations and unions were created in thecountryside at regional and national level. Peasant federations in the Sierra and in the Coastjoined the Confederación Campesina del Peru (CCP) and other unions such as mining unionswith indigenous membership also acquired great importance. With the support of all thisorganisations, the combined left won almost a third of the national vote in the ConstitutionalAssembly in 1978. It seemed that when groups that could “imagine communities” among theelites from the Quechua and Aymara peoples emerged; they preferred to make it on a class 64basis (Degregori, 1995: 8).Another landmark that has played an important role is the political violence that shaked thecountry between 1980 and 1995 from two terrorist groups Partido Comunista del Perú SenderoLuminoso (PCP-SL) or Shining Path and Movimiento Revolucionario Túpac Amaru (MRTA).The first was specially pointed for terrorizing the peasants and indigenous communities both ofthe Andes and the Amazon. As part of their maoist-leninist ideology, PCP-SL saw ethnic identityas “false consciousness” and, thus, susceptible to be combated and literally eliminated.Moreover, the disastrous impact of PCP-SL was determinant to subvert indigenousopportunities to build organisations outside their local boundaries. The war hit the incipienttranscommunal organisations and unions that had been established and closed off political 65associational spaces at all levels in the country (Paredes, 2008: 15).During the internal war Indigenous groups without leadership found impossible to be integratedin a political block as the case of Bolivia and Ecuador. By the second half of the 1980s, politicalparties were meeting serious difficulties in continuing to work through social organisations orthrough ideological support. This was particularly a problem for those parties that dependedstrongly on the organised support of the mass of the population, such as the Izquierda Unida 66(IU – United Left) and APRA. All this was even more patent giving the disconnection betweenthe countryside were the war was particularly bloody and the urban spaces. Furthermore, in thein all areas of the country where languages other than Spanish were spoken, and in 1975 a law was passedmaking the Quechua language officially co-equal with Spanish on a national level (Brisson, 2009: 13).6364 Degregori adds: “market expansion, media, multiplication of peasant organizations, long-scalemigrations made the Andeans societies to become more complex and differentiate again” (Degregori,1995: 8).65 The Comisión de la Verdad y la Reconciliación (CVR) estimates that 2,267 officials were assassinatedduring the conflict and 1,680 were direct victims of Sendero. The elimination of such a number of localleaders – the majority of them members of the political parties that sustained the democracy inauguratedin 1980 – constituted a severe breakdown in the mechanisms of intermediation in the system. (CVR,2004).66 The Alianza Popular Revolucionaria Americana (APRA) is traditionally a center-left party. 17
  18. 18. 90s with the rise of Alberto Fujimori, the collapse of the party system and the new electoralmodel together with the deeply fractionalised political division of the country (195 provincial and1,833 district municipalities) made politics in Peru extremely fragmented, particularly in thoseareas where IPs live.Final remarksIt has been said that social justice today requires both redistribution and recognition, neitheralone is sufficient (Fraser, 2001). For the case of IPs in the countries reviewed the struggle forredistribution has the particularity that may cause absorption of the singularity of IPs as the caseof Peru in which they were embedded into class terms such as “poor” or “peasant”, not beingable to escape these conditions, hence their recognition would aim to solve their problems asthe less benefited from the economic sphere but not as different falling in the wide category of“Peruvians” originated in the Unitarian character of the Republic. In Bolivia the latest recognitionis done primarily on ethnic terms but also includes specific policies aiming to supply of politicalpowers to the indigenous communities as such, that is, participation is thought to bring with it atranslation into a fairer redistributive system. Making one’s voice heard might make us reflect onthe possibility of real attainment of economic justice. Still, this kind of assumptions have to becontrasted with the real conditions in which they take place, i.e., dependency on foreign 67investment, especially on extractive industries, “disjunctive democracy” , social and ethnicfragmentation, etc.The lack of recognition will cause difference-blind rules and institutions. Thus, we may think thatConstitutional specification is the necessary condition for avoiding this. According to Kymlickaand Norman they see that minority rights defender have been successful in their purposes as inWestern liberal democracies few people continue to think that social justice can simply bedefined on a difference-blind basis. Instead, it is now widely recognized that difference blindrules and institutions can cause disadvantages for particular groups (Kymlicka and Norman,2000: 4). In the case of countries with large indigenous populations such as Peru and Bolivia ithas been underscored the necessity of institutionalizing a more differentiated set of citizenshipregimes that can accommodate the claims of the individual alongside the claims of the collective(Yashar, 2005: 285). In the reviewed cases, the protests and the current reasons that triggeredthe indigenous movements in Bolivia were many times the fight over natural resources. In Perudoes not exist specific legislation about the right of the indigenous people over the resourcesfound in their ancestral territories, instead the Peruvian constitution states that the resources67 Term coined by Holston and Caldeira (1998) in (Albro, 2006: 389). These authors undertook anethnography, in Brazil, of a growing disjunction between political democracy, which is intact, and adeclining civil component of democratic citizenship. The result is the delegitimation of institutions of lawand the growth of extra-legal violence— police violence, and the privatization of justice. In a disjunctivedemocracy the actual content of citizenship is uneven, fragile, and arrhythmic in its relation to anotherwise healthy political democracy. 18
  19. 19. 68“belong to all Peruvians”. Recent Latin American history suggests that to legislate over thisparticular issue is key in order to avoid possible future conflicts attempting to tackle them in areasonable way. As opposed to Peru, we can state that Bolivia has made huge steps toward theacquiescence of cultural citizenship” which is defines as the invention or creation of new rightsfrom the struggles and identity politics of social movements and ethnic minorities as these areexpressly connected to the recognition of cultural difference and a call for cultural rights (Albro,2010: 73).In Peru therehas never existed a social movement that expressed a discourse based on ethnic,cultural, class such as the coalition with overlapping political interests that ended up with thevictory of MAS. In words of José María Arguedas, a political movement with ethnic base thatencompassed todas las sangres and not only mere different political programs. From a differentperspective, the recognition of IPs in Bolivia is a step forward to face historical ethnicclassification and discrimination while in Peru the lack of ethnic movements leaves this mattersrather unproblematised.In Bolivia, according to Mesa Gisbert the indigenous have always been subjects and not objectsof history. Other individuals, non-indigenous, have been their political voice and, even thoughthe constitutional reforms implemented by the government of Morales considered de-colonizer 69were based in other past reforms, it is with him that the IPs became agents of history. That isthey traditional were under what the Ecuadorian sociologist Andres Guerrero has called 70ventrilocuismo indígena. It seems like overall the historical processes that took place in bothcountries throughout their Republican history have worked inversely in the creation of a politicaloriented indigenous consciousness.Certain comments have to be stressed in regard to an all-embracing attempt at fairness of theconstitutions. That is, although its progressive character and singularity, the current Bolivianconstitution has received not little criticism of being aymara-centric, exhibiting a “paradox of new 71exclusions” in which it left some people out of the mix, unrecognized and thus unrepresented.72 This to be born in mind as the pre-eminence of mestizo population in many areas in thecountry is undeniable, especially on urban municipalities. In Peru, this population is bigger than68 The President of Peru, Alan García, wrote three articles called “El syndrome del perro del hortelano”exposing that indigenous peoples claims for ancestral territories were retardant for the development of thecountry. http://elcomercio.pe/edicionimpresa/html/2007-10-28/el_sindrome_del_perro_del_hort.html69 Mesa Gisbert, Carlos. Bolivia, la concepción indigenista. Seminary at Universitat Pompeu Fabra, inBarcelona (Spain), on February 21, 2011.70 Ventriloquist is a social intermediary who knows the semantics to be put into the mouth of the natives,who know the content, range and tone of what the liberal state is willing and able to grasp. Theventriloquist knows the circuits of power in the bureaucracy and drive the meaning of the game (Bourdieu) in the political field transescene both the regional and the central power "(Guerrero, 1994)71 Albro, Robert (2010). Confounding Cultural Citizenship and Constitutional Reform in Bolivia: 72.72 “The Bolivian constitution of 2009 establishes a different category of citizenship following a certainorigin or language. If the indigenous have certain benefits such as the use of renewable natural resourcesas they are the only beneficiaries whereas the rest of the country has right to benefit from the non-renewable natural resources” (Mesa Gisbert, 2011). 19
  20. 20. Bolivia both in an objective way, being of mixed heritage and in a subjective one, as identifyingthemselves as mestizo, before the indigenous autonomy was proclaimed by the 2009 73constitution. This can also be the case of urban indigenous population, the so called cholos,which may be an example of adaptation of the individualistic costumes and uses of urban areasin many cases in which collective moral loosened.To conclude, the enigma that represents the lack of importance within the political scenery inPeru, which will is a strong indicator of the lack of constitutional recognition, remains an enigmathat is susceptible to be approached by further research. Tentative responses lie inundercovering how indigenous movements had the capacity to organize themselves and worktogether and preserve a common “organizational identity” not only in Bolivia but also in Ecuadorwhereas in Peru they remained rather fragmented. In this respect, Albro points out in his casestudy about a cholo population in the urban town of Quillacollo that it represented the reality ofthe cultural diversification of mestizaje en Bolivia. But, at the same time, this does not precludedQuechua and Aymara ethnicity and can include indigenista discourse (Albro, 2010: 82). Thus,every attempt to accommodate indigenous population within the constitutional frame inmultiethnic realities such as the Latin American countries should bear in mind the social andcultural dynamics of countries in which mestizaje is and has been the cornerstone of its nationbuilding.References:Green, A. and Troup, K. (eds) (1999). The Houses of History: A Critical Reader in Twentieth-Century History and Theory. Manchester: Manchester University Press, 110-120.Della Porta, Donatella and Michael Keating, (eds.) (2008). Approaches and Methodologies inthe Social Sciences. A Pluralist Perspective. Cambridge: Cambridge University Press.Lucero, Jose Antonio and Garcia, María Elena (2003). Un País Sin Indígenas: Repensando laPolítica Indígena en el Perú. Presented at the Seminario Internacional: Movimientos Indígenasy Estado en América Latina, Cochabamba, Bolivia, May 2003.Healy, Kevin (2001). Llamas, Weaving, and Organic Chocolate: Multicultural GrassrootsDevelopment in the Andes and Amazon of Bolivia. Notre Dame: University of Notre DamePress.Phillipson, Robert (ed.) (2000). Rights to Language: equity, power, and education: Celebratingthe 60th Birthday of Tove Skutnabb-Kangas. New Jersey: Lawrence Erlbaum Associates, Inc.Kymlicka, Will and Wayne Norman (2000). Citizenship in culturally diverse societies: Issues,contexts, concepts. In Citizenship in diverse societies, ed. Will Kymlicka and WayneNorman.Oxford: Oxford University Press, 1-41.Adelaar, Willem F. H.; & Muysken, Pieter C. (2004). The languages of the Andes. Cambridgelanguage surveys. Cambridge University Press.73 In the same way, indigenous political expression is not simply identifiable in varieties of postcolonialimpositions but inseparable from the local forms of political association and post popular participationbase organizations in which both indigenous and non-indigenous people are active. Thus, indigenous“purity” is not a condition for indigenous political consciousness. 20
  21. 21. Yashar, Deborah (2005). Contesting Citizenship in Latin America: The Rise of IndigenousMovements and the Postliberal Challenge. Cambridge: Cambridge University Press.Gamarra, Eduardo (1994). Market-Oriented Reforms and Democratization in Latin America:Challenges of the 1990s, in W.C. Smith, C.H. Acuña and E.A. Gamarra (eds) Latin AmericanPolitical Economy in the Age of Neoliberal Reform, pp. 1–15. Miami, FL: North-South Center.Guerrero, Andrés (1994). Una imagen ventrílocua: el discurso liberal de la "desgraciada razaindígena afines del siglo XIX. Quito: Facultad latinoamericana de ciencias sociales. FLACSO-Sede Ecuador.Urquidi, A. (1976). Temas de Reforma Agraria. La Paz: Ed. Juventud.Flores-Galindo, Alberto (1986). República sin Ciudadanos en Buscando un Inca: identidad yutopía en los Andes. Lima: Sur.Degregori, Carlos Iván (1995). Movimientos étnicos, democracia y nación en Perú y Bolivia..Democracia, etnicidad y violencia política en los países andinos. Lima: Instituto de estudiosperuanos (IEP).Fraser, Nancy (2001). Recognition without ethics. Theory, Culture and Society. Vol. 18 2-3, 21-41.Aguilar, Gonzalo; Lafosse, Sandra; Rojas, Hugo; Steward, Rébecca. The ConstitutionalRecognition of Indigenous Peoples in Latin America. Pace Int`L. Rev. Online Companion, Sept.2010, at 44.Albro, Robert (2010). Confounding Cultural Citizenship and Constitutional Reform in Bolivia.Latin American Perspectives, Issue 172, Vol. 37 No. 3, 71-90Albro, Robert (2006). The Culture of Democracy and Bolivias Indigenous Movements. Critiqueof Anthropology 2006 26: 387Constitución de la República Plurinacional de Bolivia 2009Constitución de la República del Perú 1993Constitución Política del Ecuador 2008Audiovisual material:HemiScope special Edition, Interview by Peter H. Smith with Prof. Rodolfo Stavenhagen.Series: HemiScope [6/2008] [Public Affairs] [Show ID: 14667].http://www.youtube.com/watch?v=JTYrgJI5OTgAgencia Chaski. Interview to Javier Diez-Canseco.http://www.youtube.com/watch?v=lRN5GrHvgEEMesa Gisbert, Carlos. Bolivia, la concepción indigenista. Seminary at Universitat PompeuFabra, in Barcelona (Spain), on February 21, 2011.Databases:CIA World FactbookInstituto Nacional de Estadística de Bolivia: http://www.ine.gob.bo/Political Database of the Americas: http://pdba.georgetown.edu/Others 21
  22. 22. Stavenhagen, Rodolfo (2004). Indigenous Peoples and Cultural Diversity: outlines andproposals. http://www.ibcperu.org/doc/isis/8763.pdfC169 Indigenous and Tribal Peoples Convention, 1989Instituto Nacional de Desarrollo de Pueblos Andinos, Amazónicos y Afroperuano (INDEPA)Newspaper El Comercio (Perú) 22
  23. 23. Annex:Map 1.1: Ethnolinguistic map of the Indigenous Peoples of BoliviaSource: Adelaar, 2000.Map 1.2: Geographic map of Bolivia (Highlands and lowlands)Source: Travel Bolivia, 2010. 23
  24. 24. Map 2: Ethnolinguistic map of the Indigenous Peoples of PeruSource: Instituto Nacional de Desarrollo de Pueblos Amazónicos, Andinos y Afroperuano (INDEPA). 2010 24
  25. 25. Source: Instituto Nacional de Desarrollo de Pueblos Amazónicos, Andinos y Afroperuano (INDEPA). 2010 25
  26. 26. Table 1: Being indigenous increases the probability of being poor, even controlling forthe common predictors of povertySource: Hall and Patrinos (2004). 26
  27. 27. 74Table 2: Matrix of the current state of recognition of IPs in Latin AmericaSource: Aguilar, Gonzalo; Lafosse, Sandra; Rojas, Hugo; Steward, Rébecca., 2010.74 * New Bolivian Political Constitution, ratified by referendum in January, 2009.** New Ecuadorian Political Constitution, ratified by referendum in September,2008.X(A) Constitutions that specifically mention indigenous peoples‘ right to autonomy.X(B) The Constitution of Panama utilized the term bilingual literacy. 27

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