Collective Territorial Rights of the Indigenous Peoples of Mexico: A Path to Increased Self-Determination by Diana Cristina Fimbres B.A. in Spanish, June 2012, University of California Irvine A Thesis submitted to The Faculty of The Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements for the degree of Master of Arts May 19, 2019 Thesis directed by Ambassador Francisco Villagrán de León Visiting Scholar © Copyright 2019 by Diana Cristina Fimbres All rights reserved ii Dedication To my grandmother, Herminia Sandoval. To the young girl in Michoacán who deeply yearned for an education and to the older woman she became who nurtured in me the value of learning. This is for you. iii Acknowledgments The author wishes to acknowledge Ambassador Francisco Villagrán de León for all of his unwavering support, notable expertise, and constructive input. I also recognize Prof. Laura Papish for her valuable guidance. iv Table of Contents Dedication iii Acknowledgments iv Introduction 1 Indigenous Peoples of Mexico under International Instruments and National Law 4 Collective Territorial Rights in Mexico 11 Relevant Frameworks for Self-Determination 16 Collective Territoriality Helps Move Away From Discrimination 22 Land Development and its Economic Implications for Self-Determination 30 On Implementation and the Limits of Self-Determination 38 Conclusion 42 References 44 Appendix I 48 Appendix II 50 v Introduction As the original inhabitants of Mexico, the indigenous peoples of Mexico have cultural, social, and economic traditions that span millennia1. They, nonetheless, have a centuries-long history of generalized marginalization within this land. External forces beyond their communities and within their country have consistently pushed these groups to leave their volitions and their traditional territories behind. Against this landscape, indigenous peoples in Mexico fight to maintain their rich customs and preferred way of life. As a result of pressure from outside interests2, they occupy space both inside and outside indigenous communities3 where, in the latter, they often face limited and grim choices in part due to their ethnic identity and economic disempowerment. Discrimination against indigenous peoples is part of the fabric of Mexican society. Their historic lands and territories offer a space that allows them to flourish as a group and protect against threats4. The ratification of the International Labor Organization (ILO) Convention 169 on Indigenous and Tribal Peoples and more recently Article II of the Mexican Constitution, grant collective territorial rights5 to indigenous communities as a 1 For example, Mayan civilization dates back to 2600 B.C. – 1800 B.C. 2Tauli-Corpuz, V. (n.d.). Declaración de cierre de misión México. United Nations. Retrieved from http://hchr.org.mx/images/doc_pub/PPII_EndofMissionStatementSPA_FINAL.pdf 3 An indigenous community is defined as the community that constitutes a cultural, economic and social unit settled in a territory and that recognizes its own authorities, according to their customs. 4 Threats to their survival as a group 5 Total environment of the areas, including the concept of territories, which the peoples concerned occupy or otherwise use 1 means of self-preservation6. Nonetheless, foreign parties7 continue and increasingly infringe upon their land8. I will argue that collective territorial rights are a means for self-determination for the indigenous peoples of Mexico. Self-determination, in this context, includes several components (i.e., cultural, social, spiritual, and economic). I will argue that preserving collective territorial rights is fundamental to indigenous self-determination because land rights are a viable route for social and economic development and cultural preservation. This work will not delve deeply into the spiritual component. As this subset of human rights become more precarious and endangered by economic and political interests, preserving them becomes a crucial priority. Threats to territorial rights in this country further deprive indigenous peoples of opportunities to choose from a catalog of already limited options. This project will primarily take a practical approach to the issue and context at hand. It will consistently reference and explore relevant frameworks and definitions to further the argument. To make this argument, I will first define and identify the indigenous peoples of Mexico under national and international frameworks highlighting the territorial links in their current definition. I will then define collective territorial rights per se and point to articles and laws that protect them within the national scope, followed by establishing frameworks for self-determination and autonomy. Next, I will refer to the historical discrimination against these peoples and argue that collective territorial rights 6 Preservation of social, cultural, and economic practices 7 E.g., Investors and government 8 Tauli-Corpuz, V. (n.d.). Declaración de cierre de misión México. United Nations. Retrieved from http://hchr.org.mx/images/doc_pub/PPII_EndofMissionStatementSPA_FINAL.pdf 2 help insulate them from the discrimination faced outside indigenous spaces allowing them to develop in a manner suitable for their identity. Furthermore, collective territorial rights also signify a potential mechanism for economic expansion – a tool currently under threat that can enhance the self-determination of these groups. Lastly, I will briefly examine pertinent challenges related to implementation and applicable human rights frameworks. 3 Indigenous Peoples of Mexico under International Instruments and National Law The concept of ‘indigenous peoples9’ is inherently broad. By some estimates, there are over three hundred million10 indigenous peoples in the world11. Although there is no one universal definition, the characterizations are similar. Several international instruments and the Constitution of Mexico establish a delineation via their lens. Debates continue to incur to come to a general consensus on a definition12; scholars raise a plethora of concerns. Nonetheless, whether directly or more subtly, territorial ties are a thread that runs through the amalgam of descriptions. In other words, land connects to the very concept of being indigenous. Relevant definitions approach the issue differently within the same general theme. Notable differences between definitions include the idea of “dominant societies” which is a part of the United Nations definition. Whereas, the International Labor Organization and the Mexican Constitution forthrightly reference colonization13 as an integral component for falling under the subset of these pre-Hispanic peoples. The inclusion of colonization or its fundamental structure in these descriptions, further establish the deep 9 A number of local, national and regional terms are used to describe indigenous peoples, including tribes, ethnic minorities, natives, indigenous nationalities, First Nations, aboriginals, indigenous communities, hill peoples and highland peoples. 10 Indigenous Peoples Infographic. November 2016. https://www.un.org/development/desa/indigenouspeoples/publications/desktop-publications.html. 11 Indigenous peoples in Asia, Africa, the Americas 12 See Sanders, DE. “Indigenous Peoples: Issues of Definition.” International Journal of Cultural Property 8, no. 1 (January 1999): 4–13. 13 Colonialism involved the transfer of population to a new territory, where the arrivals lived as permanent settlers while maintaining political allegiance to their country of origin. 4 connection between land and peoples. More specifically, Mexico has either ratified or abides by the following declarations and laws14. The United Nations Declaration on the Right of Indigenous Peoples (UNDRIP) defines indigenous peoples as those individuals who have “retained social, cultural, economic, and political characteristics that are distinct from those of the dominant societies in which they live15”. The United Nations posits that despite their cultural differences, the thousands of indigenous groups around the world share common problems related to the protection of their rights as distinct peoples16. The description points to critical elements guiding their perspective. Delving deeper into this definition for conceptual clarity will, in turn, illustrate practical approaches to the subject. A couple of terms not explicitly defined are dominant societies and distinct peoples. Dominant society or dominant culture 17 describes a culture in a modern society that can impose or affect the values, language, and other ways of behaving on a subordinate culture or cultures consisting of distinct peoples18. A dominant society assumes and is dependent on a societal landscape composed of diverse and or contesting cultures19. In theory, in a homogeneous society with no competing cultures, this concept would not hold or be applicable. The United Nations’ definition points to an 14 The following mentions are not wholly inclusive. There are over 30 normative frameworks affecting this population. 15 United Nations Declaration on the Rights of Indigenous Peoples. (2007). Retrieved from https://www.un.org/development/desa/indigenouspeoples/wp- content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf 16 Rights, S. R. (2018). Special Rapporteur Report on the Indigenous Rights. The United Nations. Retrieved 2018 17 These terms will be used interchangeably. 18Dominant Culture. Accessed March 2, 2019. https://www.encyclopedia.com/social-