Indigenous Rights
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Contents |
Introduction
Any consideration of the issue of human rights related to such distinctions as race, color, language, religion, or social origin in Latin America will inevitably lead to a discussion of indigenous rights. Most Latin American countries currently consist of two major classes - those people whose ancestors were the colonizers and those people whose ancestors were the colonized.
Fundamental to understanding both the historic and current state of the rights of indigenous peoples of Latin America is to recognize that the founding fathers and intellectuals of the early Latin American republics all but ignored the indigenous peoples living in their lands. These early leaders saw themselves and their new nations as European, and, when considered at all, the “Indians” that lived among them were seen exclusively as problems to the new republics (Multiculturalism, 25). The history of modern Latin America since tells the story of indigenous peoples being abused, either through governments leaving them politically powerless, (1) without land or the rights awarded other citizens and (2) unrecognized culturally as being part of the national identity. At times, indigenous peoples in Latin America have been directly attacked by governments or groups that did not believe in their right to exist.
Human Rights Violations and Genocide
The same year that the United Nations published their Universal Declaration of Human Rights (1948), they also held a convention on genocide, largely in response to questions raised by the Holocaust in Germany during WWII. The reports from this convention declared that the term genocide refers to acts "...committed with intent to destroy, in whole or part, a national, ethnical, racial, or religious group..."[1]. Naturally, then, any institutionalized effort to cause serious harm to indigenous peoples in Latin America would be considered genocide.
Human rights experts often disagree about which actions should and which should not be considered genocides, but few would argue that genocide has existed in modern Latin America. Research from the State Failure Project [2] lists the massacres which took place in Mayan villages of rural Guatemala in the late 1970s and 1980s as one of seven officially declared genocides in the world from 1955-2001, with the estimated number of murders between 60,000 and 200,000. When asked to discuss the biggest problems facing the indigenous communities of Latin America at a conference in 1985 on Inter-American Indian Unity, attendees also mentioned genocides in Peru, Brazil, and Ecuador [3], though actual data and research on such events is often hard to come by. Human rights violations of this form typically have centered around authoritarian military powers which unfortunately were often supported by the government of the United States during the Cold War Era (Multiculturalism, 31). Because of this, little records exist of what actually happened. We will now briefly trace some of the records that we have from the genocide in Guatemala in order to provide a picture for what these sorts of violations of rights might have looked like.
Guatemala
Revolutionary conflict and civil war began in Guatemala in 1966, and continued at varying degrees until the signing of the Peace Accords in 1996. Some of the worst of this period included massacres and forcible resettlement of Mayan villagers by corrupt military units, the worst of which took place in the 1980s [4]. The Declaration of Revolutionary Unity in Guatemala, which established the UNRG political party (Union Nacional Revolucionaria Guatemalteca) that still exists and had a candidate in the election of September 2007, included some of the most detailed records of the abuses. They attributed the conflict largely to the instability and economic repression that began with the fall of Arbenz (in a coup supported by the CIA) and claimed that the violence was "directed principally at the Indian population." UNRG explained that the violations began with individual political assassinations, passionately declaring that, “Our comrades who were burned alive on January 31, 1980, in the Spanish Embassy will remain in the people’s hearts forever." They went on to describe how, in 1981, "the regime moved from the assassination of individuals to the massacres of entire villages." The attacks were on both the people and the land, as the military used scorched earth tactics, "...slaughtering entire populations, burning crops, killing livestock, and burning homes" [5].
According to most sources, U.S. President Jimmy Carter did know about the beginnings of these actions at the time, and cut funding to the Guatemalan government in response [No Lessons Learned from the Holocaust?]. UNRG claimed later in the 1980s that the "Reagan administration has felt it necessary to change the regime’s image by placing a civilian in the presidency"[Declaration of Revolutionary Unity of Guatemala]. There is very little evidence of strong U.S. action against these blatant human rights violations. In 1999, Rigoberta Menchu and other Guatemalan indigenous advocates brought a complaint to Spanish courts, reporting the massacres, terrorism, and unlawful detention of the Mayan people during this period. After years of controversy regarding the jurisdiction of the case and whether or not "...historic, social, linguistic, and jurisprudential ties linked the two countries" [6], no substantial action came from the complaint.
[Videos]
Though the situation is continuing to gain more international attention, the Guatemalan government has never formally recognized the event, and the 2007 presidential election has left a runoff between a center-left business man, Mr. Alvaro Colom, and a former general alleged to be involved with the massacres of the 1980s, Mr. Otto Perez Molina. Both candidates beat the indigenous Nobel Peace Prize winner Rigoberta Menchu by a landslide [7].
Popular Indigenous Movements
Despite the existence of such rights violations, it would be misleading to view the indigenous peoples of Latin America as passive victims, mere survivors of violence and injustice, especially in the political developments of the last half century (Multiculturalism, 1).
Native Latin American self-organization has been the single most important factor in the struggle for indigenous rights. The first Inter-American Indian Conference took place in 1940, before any international talk of the rights of indigenous peoples. From this conference emerged the concept of indigenismo, with the basic aim of integrating the indigenous populations into the mainstream of their respective nations (Multiculturalism, 27-28). There were sporadically 9 other Inter-American Indian Conferences through 1985, when the delegates decided to begin meeting regularly every 4 years [Inter-American Indian Congress]. Despite the early symbolic effort to address the issue, it wasn’t until at least the 1960s and 70s that the indigenous organization and mobilization really took hold. During this period, a powerful activism emerged with its core in the principle that culture is the means by which indigenous peoples could overcome their marginalization and poverty (Studying Indigenous Activism, 2). Countless national and international councils, committees, and associations were established and held symposiums, workshops, and conferences on the need for a recognition of the rights of indigenous peoples (Multiculturalism, 31). In 1971, anthropologists participating in the Symposium on Inter-Ethnic Conflict in South America at Barbados outlined some of the major legal battles that indigenous Latin Americans had before them, including the unjust acquisition of lands owned for hundreds of years by native families and the "Indian policies" of many Latin American states that supported racism and the current class system, explicitly directed towards the destruction of indigenous culture and civil rights[8].
The movement continued to develop and, by the 1990s, some tangible successes began to appear. The 1992 Indian Mobilization in Lowland Ecuador, for example, succeeded in legitimizing ancestral claims to land, publicly and powerfully challenging the dominant notions of the nation as excluding the indigenous. Hundreds of native peoples from the Pastaza province in the central Ecuadorian Amazon gathered in Puyo, the provincial capital, to together present their demands for social justice [Indian Mobilization]. Other successes have included Brazil's 1988 Constitution's chapter devoted to Indians, the 1991 granting of autonomy rights and recognition of Indian territorial claims in the Constitution of Colombia, and similar constitutional reforms in Ecuador in 1998, Guatemala in 1985, Nicaragua in 1986, Mexico in 1992, Paraguay in 1992, Peru in 1993, and Panama in 1992. The ways in which these changes in law are manifested in society are less easy to see, as many complaints have been issued throughout these countries that Indian communities have not actually benefited from the legal advances (Multiculturalism, 33), with the massacres in Guatemala providing one obvious example. Still, the progress is undeniable and still evolving. Aside from just affecting the rights of indigenous peoples, though, it is important to note that the emergence of such a new and powerful voice from a traditionally marginalized sector of society began to play an increasingly more significant role in determining the futures of Latin American democracies as well (Indigenous Movements, 1).
In this movement toward indigenous activism and cultural recognition, a new breed of native intellectuals emerged, capable of articulating the complex issues of their peoples' struggles and bringing their case before the rest of the world. Men like Mario Juruna and Davi Yanomami in Brazil led the "struggle of resistance" at home for the cultural survival of their people. Other representatives focused on bringing the issue to international attention through spreading their personal testimonies, as was the case with Rigoberta Menchu, whose world-recognized bestseller describing the injustices toward the Mayan population during the Guatemalan civil war the won her the Nobel Peace Prize in 1992 (Multiculturalism, 32). Menchu became the image of the indigenous peoples of Latin America to much of the world and an advocate for human rights among native Latin American populations.
Indigenous Peoples and the United Nations
At the same time the indigenous peoples of Latin America were organizing themselves and taking great strides in the way of obtaining legal and cultural rights at home, they were simultaneously leading the way for the rights of the world's other indigenous populations. As the Universal Declaration of Human Rights did not explicitly make any reference to the unique circumstances and rights of indigenous peoples, the United Nations had no official recognition or effort made to include indigenous rights in their Human Rights revolution. In 1949, Bolivia became the first country to address the issue of indigenous rights in the United Nations, suggesting the need for a study on "the situation of the aboriginal population of the American continent." Though Bolivia was successful in receiving aid for a small-scale study of its own society’s aborigines, the United States, Brazil, Chile, Peru, and Venezuela limited the intended scope of the project by joining together in a voice that "effectively banned any such studies unless requested by affected member states"[9].
It wasn’t until the 1970s that the UN began such large-scale research and the relationship between human rights and indigenous peoples began to be defined to the world. Jose R. Martinez Cobo of Ecuador led the 13 year study on "Problems of Discrimination Against Indigenous Populations." In some aspects more important than the findings, the very process of preparing the study "created new bonds and alliances among indigenous peoples, who realized that they shared problems from similar historic injustices and that they had to act together at the international level." Since this breakthrough, the UN has become increasingly more sympathetic toward the rights of the world’s indigenous peoples, to the extent of bending their own rules in order to allow for indigenous representation in the 1980s and later declaring 1993 the International Year of the World’s Indigenous Peoples [Indigenous Peoples and the United Nations].
Throughout the 1990s, various drafts of the Universal Declaration of the Rights of Indigenous Peoples was debated but never adopted. It wasn't until September 13th, 2007 that a declaration was adopted, with 143 member nations voting in support, 11 abstaining, and 4 - Australia, Canada, New Zealand, and the United States - voting against[10]. The adoption of this text was so recent that it is hard to know exactly what it will mean for the future of indigenous peoples across the world, though some would like to see it already as a historic landmark in the development of indigenous rights and a step in the right direction for making amends to those indigenous populations that have continuously suffered injustice at times when there was no international standard to turn to for reference.
United Nations General Assembly President Sheikha Haya, after celebrating the progress marked by the adoption, said that "...even with this progress, indigenous peoples still face marginalization, extreme poverty and other human rights violations. They are often dragged into conflicts and land disputes that threaten their way of life and very survival; and, suffer from a lack of access to health care and education" [UN News]. If this is the case anywhere in the world, it is certainly true in Latin America.
The recently adopted Universal Declaration of the Rights of Indigenous Peoples: [United Nations Universal Declaration of the Rights of Indigenous Peoples]
Involvement of the United States
In all reality, the government of the United States has had very little direct and formal involvement with the issue of indigenous rights in Latin America. As mentioned before, the United States has, at times, cut their support of powers that have been involved with indigenous human rights violations. Unfortunately, the nation has had a more substantial history with indirectly backing these sorts of violations by supporting military regimes in opposition to Communist or Leftist alternatives.
One clear and perhaps obvious recommendation would be for the United States to support the adoption of the Universal Declaration of the Rights of Indigenous Peoples. The issues is necessarilly complicated by the fact that the nation has its own dark history of abuse in relation to the natives of North America, and this seems to be the primary reason that they have chosen not to support the declaration.
Another recommendation, though even less likely, would be for the United States to take initiative in seeing to it that the genocide of Guatemala was brought to trial and officially recognized as having happened. Great good would come from an increase in international interest and financial support of investigating claims of other genocides and indigenous human rights violations throughout Latin America.
References
- ↑ UN Genocide Convention, http://www.jstor.org/view/00208183/dm980105/98p0267p/1?searchUrl=http%3a//www.jstor.org/search/BasicResults%3fhp%3d25%26si%3d1%26gw%3djtx%26jtxsi%3d1%26jcpsi%3d1%26artsi%3d1%26Query%3dGenocide%2bUnited%2bNations%26wc%3don&frame=noframe¤tResult=00208183%2bdm980105%2b98p0267p%2b0%2c1F&userID=9807c342@ncsu.edu/01cc9933131d153115164d688e&dpi=3&config=jstor
- ↑ State Failure Project, http://www.jstor.org/view/00030554/sp030009/04x0769o/3?searchUrl=http%3a//www.jstor.org/search/BasicResults%3fhp%3d25%26si%3d1%26gw%3djtx%26jtxsi%3d1%26jcpsi%3d1%26artsi%3d1%26Query%3dgenocide%2bin%2blatin%2bamerica%26wc%3don&frame=noframe&userID=cc54f481@ncsu.edu/01cce4405c00501cad5d7&dpi=3&config=jstor
- ↑ Inter-American Indian Congress, http://www.jstor.org/view/07496427/ap050003/05a00050/2?searchUrl=http%3a//www.jstor.org/search/BasicResults%3fhp%3d25%26si%3d26%26gw%3djtx%26jtxsi%3d26%26jcpsi%3d1%26artsi%3d1%26Query%3dgenocide%2bin%2blatin%2bamerica%26wc%3don&frame=noframe¤tResult=07496427%2bap050003%2b05a00050%2b1%2cFC&userID=9807c068@ncsu.edu/01cce4405f00501c8eb79&dpi=3&config=jstor
- ↑ No Lessons Learned from the Holocaust? Assessing Risks of Genocide and Political Mass Murder since 1955, http://www.jstor.org/view/00030554/sp030009/04x0769o/2?searchUrl=http%3a//www.jstor.org/search/BasicResults%3fhp%3d25%26si%3d1%26gw%3djtx%26jtxsi%3d1%26jcpsi%3d1%26artsi%3d1%26Query%3dgenocide%2bin%2blatin%2bamerica%26wc%3don&frame=noframe&userID=9807c773@ncsu.edu/01c054500f005018c8c&dpi=3&config=jstor
- ↑ Declaration of Revolutionary Unity of Guatemala, http://www.jstor.org/view/0094582x/di013045/01p0029e/0?searchUrl=http%3a//www.jstor.org/search/BasicResults%3fhp%3d25%26si%3d76%26gw%3djtx%26jtxsi%3d76%26jcpsi%3d1%26artsi%3d1%26Query%3dgenocide%2bin%2blatin%2bamerica%26wc%3don&frame
- ↑ Guatemala Genocide Convention, http://www.jstor.org/view/00029300/sp060002/06x0208z/0?currentResult=00029300%2bsp060002%2b06x0208z%2b0%2cFF&searchUrl=http%3A%2F%2Fwww.jstor.org%2Fsearch%2FBasicResults%3Fhp%3D25%26si%3D1%26gw%3Djtx%26jtxsi%3D1%26jcpsi%3D1%26artsi%3D1%26Query%3Dgenocide%2Bin%2Bperu%26wc%3Don
- ↑ BBC on Guatemalan Election, http://news.bbc.co.uk/2/hi/americas/6986834.stm BBC
- ↑ Declaration of Barbados http://www.jstor.org/view/00113204/dm991398/99p0072f/0?currentResult=00113204%2bdm991398%2b99p0072f%2b0%2c1E&searchUrl=http%3A%2F%2Fwww.jstor.org%2Fsearch%2FBasicResults%3Fhp%3D25%26si%3D26%26gw%3Djtx%26jtxsi%3D26%26jcpsi%3D1%26artsi%3D1%26Query%3Dgenocide%2Bin%2Blatin%2Bamerica%26wc%3Don
- ↑ Indigenous Peoples and the United Nations http://www.jstor.org/view/02750392/ap030055/03a00020/0?frame=noframe&userID=9807c2cd@ncsu.edu/01cc99331f19c59115045c9f1a&dpi=3&config=jstor
- ↑ UN News http://www.un.org/apps/news/story.asp?NewsID=23794&Cr=indigenous&Cr1= UN News
Books
11. Postero, Nancy G., and Zamosc Leon. "Indigenous Movements and the Indian Question in Latin America." The Struggle for Indigenous Rights in Latin America. Brighton: Sussex Academic P, 2004. 1-32.
12. Sieder, Rachel. Multiculturalism in Latin America: Indigenous Rights, Diversity and Democracy. New York, N.Y.: Palgrave Macmillan, 2002. 1-23.
13. Warren, Kay B., and Jean E. Jackson. "Studying Indigenous Activism in Latin America." Indigenous Movements, Self-Representation, and the State in Latin America. Austin: University of Texas P, 2002.