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FOCUS - Human rights N. 3 - 07/10/2016

stato » dottrina - di Marzia Rosti

 Indigenous rights and extractivism in Argentina

The second half of the 20th-century has represented perhaps the most important and long-awaited moment for the indigenous peoples in Argentina, because the country aligned itself with the policies adopted by the other Latin American countries during the same period, in relation to indigenous rights, and since the other Latin American countries were also characterised by the so-called emergencia indígena phenomenon. In fact, the constitutional reform of 1994 repealed the then outdated art. 67 c. 15, drawn up for the Constitution of 1853/60, and that in the second half of the 19th century had legitimised the military campaigns against the indigenous peoples still present in some areas of the country and which had ended with the fragmentation of the communities and the loss of their lands, absorbed by the State or by the emerging Provinces - thereby becoming tierras fiscales - and to be then donated to those who had taken part in or financed the same military expeditions, or were sold to national or foreign investors. Whereas the new art. 75 c. 17 introduced in 1994 listed a large catalogue of indigenous rights, including the right to collective ownership of the lands occupied traditionally, participation in managing the natural resources present in those territories and the right to a bilingual and intercultural education. (segue)



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