Constitutions of other countries
Carlos Frederico Marés (one of the original founders of ISA and collaborator of the Sócio-Environmental Law Program/ ISA) studies the national constitutions of the Americas and makes comparison among them:
Up to the decade of the 80s, with rare exceptions, the constitutions never referred to the rights of the indigenous peoples. Some countries, like Bolivia, with a majority of indigenous population, created a juridical system based on ethnic differences, changing the situation only in 1994.
In this context, the Brazilian Constitution is a watershed, a benchmark. Before it, the treatment of the constitutions was reticent, and always referred to prior legislation, infra-constitutional legislation, even so, it was unable to recognize the ethnic diversity and multi-cultural nature of these peoples. On reading the Constitution of Panama (1983), for example , one is incapable of knowing that in reality indigenous zones were created with an alternative jurisdiction. Note the treatment of indigenous peoples in Canada, in 1982), Ecuador (1983), Guatemala (1985), Nicaragua (1987).
In 1988, although the Brazilian constitution did not yet have the courage to declare the country was multi-ethnical and multi-cultural, it recognized the diversity by means of recognizing their social organization, customs, language, beliefs and traditions, as well as their original right—a right that precedes the Brazilian state—to the lands they inhabit.
Once the door was open, the new constitutions of the Americas began recognizing the social-diversity of our countries: Colombia (1991) recognizes and protects its ethical and cultural diversity; Mexico (1992) assumes the fact that it has a “floricultural diversity"; Paraguay (1992), aside from recognizing the existence of indigenous peoples, declares itself a pluricultural country, considering the other languages as the cultural heritage of the nation; Peru (1993) doesn’t go this far and only admits as official languages, aside from Spanish, Quechua and Aymara, and other ‘aboriginal” languages; finally, Bolivia (1994), with its overwhelming indigenous majority, admits to breaking with the tradition of the silent integrationists and defines itself as a multiethnic and pluricultural nation.
In the 1990s, as one can see, there was a significant advance in the constitutional recognition of the indigenous peoples of the Americas. It is hoped that in future years the reality of Latin America is similar to the values expressed in these constitutions. (Carlos F. Marés – 1995).
After this report was written, Venezuela (1999) also recognized specific rights for indigenous peoples who live within its borders.
