Multiculturalism in Latin America

Multiculturalism in Latin America Institute of Latin American Studies Series General Editor: James Dunkerley, Director, Institute of Latin American Studies, University of London The Institute of Latin American Studies, a member of the School of Advanced Study of the University of London, was founded in 1965. The Institute is dedicated to research on Latin America in the social sciences and humanities. The purpose of this series is to disseminate to a wide audience the new work based on the research programmes and projects organised by academic staff and Associate Fellows of the Institute of Latin American Studies. Titles include: Victor Bulmer-Thomas (editor) THE NEW ECONOMIC MODEL IN LATIN AMERICA AND ITS IMPACT ON INCOME DISTRIBUTION AND POVERTY Victor Bulmer-Thomas, Nikki Craske and Mónica Serrano (editors) MEXICO AND THE NORTH AMERICAN FREE TRADE AGREEMENT: WHO WILL BENEFIT? Elizabeth Joyce and Carlos Malamud (editors) LATIN AMERICA AND THE MULTINATIONAL DRUG TRADE Walter Little and Eduardo Posada-Carbó (editors) POLITICAL CORRUPTION IN EUROPE AND LATIN AMERICA John Lynch LATIN AMERICA BETWEEN COLONY AND NATION Selected Essays Oliver Marshall (editor) ENGLISH-SPEAKING COMMUNITIES IN LATIN AMERICA Maxine Molyneux WOMEN'S MOVEMENTS IN INTERNATIONAL PERSPECTIVE Latin America and Beyond Eduardo Posada-Carbó (editor) COLOMBIA The Politics of Reforming the State ELECTIONS BEFORE DEMOCRACY The History of Elections in Europe and Latin America Rachel Sieder (editor) CENTRAL AMERICA: Fragile Transition MULTICULTURALISM IN LATIN AMERICA Indigenous Rights, Diversity and Democracy John Weeks (editor) STRUCTURAL ADJUSTMENT AND THE AGRICULTURAL SECTOR IN LATIN AMERICA AND THE CARIBBEAN

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Multiculturalism in Latin America Indigenous Rights, Diversity and Democracy Edited by Rachel Sieder Senior Lecturer in Politics Institute of Latin American Studies London

Institute of Latin American Studies 2002 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their right to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2002 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the new global academic imprint of St Martin s Press LLC Scholarly and Reference Division and Palgrave Macmillan Ltd (formerly Macmillan Press Ltd). ISBN 978-0-333-99871-7 ISBN 978-1-4039-3782-7 (ebook) DOI 10.1057/9781403937827 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Multiculturalism in Latin America : indigenous rights, diversity, and democracy / edited by Rachel Sieder. p. cm. (Institute of Latin American Studies series) Includes bibliographical references and index. 978-1. Multiculturalism Latin America Case studies. 2. Latin America Politics and government 1980 3. Indians Social conditions. 4. Latin America Economic conditions. 5. Latin America Social conditions. I. Sieder, Rachel. II. Series. HM1271.M8432 2002 305.8'0098 dc21 2002025212 10 9 8 7 6 5 4 3 2 1 11 10 09 08 07 06 05 04 03 02

Contents List of Figures, Tables and Appendices Notes on Contributors Acknowledgements vii viii xiii Introduction 1 Rachel Sieder 1 Indigenous Peoples and the State in Latin America: An Ongoing Debate 24 Rodolfo Stavenhagen 2 Constitutional Reform in the Andes: Redefining Indigenous State Relations 45 Donna Lee Van Cott 3 Bolivia: From Indian and Campesino Leaders to Councillors and Parliamentary Deputies 74 Xavier Albó 4 Educational Reform in Guatemala: Lessons from Negotiations between Indigenous Civil Society and the State 103 Demetrio Cojtí Cuxil 5 Social Citizenship, Ethnic Minority Demands, Human Rights and Neoliberal Paradoxes: A Case Study in Western Mexico 129 Guillermo de la Peña 6 Peru: Pluralist Constitution, Monist Judiciary A Post-Reform Assessment 157 Raquel Yrigoyen Fajardo 7 Recognising Indigenous Law and the Politics of State Formation in Mesoamerica 184 Rachel Sieder 8 Latin America s Multiculturalism: Economic and Agrarian Dimensions 208 Roger Plant 9 Indigenous Peoples, Poverty and Participatory Development: The Experience of the World Bank in Latin America 227 Shelton H. Davis

vi Multiculturalism in Latin America 10 The Excluded Indigenous? The Implications of Multi-Ethnic Policies for Water Reform in Bolivia 252 Nina Laurie, Robert Andolina and Sarah Radcliffe Index 277

List of Figures, Tables and Appendices Figures 4.1 COPARE: civic and government representatives 112 4.2 Civil and governmental forces represented in the CCRE 119 Tables 2.1 Ethnic constitutional rights in the Andes 47 3.1 Previous militancy, according to party list adopted 84 3.2 Municipalities according to number of indigenous-campesino (i-c) councillors and their term of office as mayor 86 Appendices 4.1 COPARE delegates 125 4.2 CCRE s 15-point work plan 126 4.3 Member organisations of the CCRE 126 5.1 Social and employment programmes for Huichol communities 152 vii

Notes on Contributors Xavier Albó is a Jesuit priest, anthropologist and one of the most prolific scholars of Andean society. He is a researcher at CIPCA (the Centre for the Research and Promotion of the Campesino) in La Paz, of which he was a founder member. He is the author of some 20 books and over 200 articles on linguistics, social and rural issues in Bolivia and the Andean region. His publications include La paradoja aymara: solidaridad y faccionalismo (1975); Desafíos de la solidaridad aymara (1985); Raíces de América: El mundo aymara (1988); El retorno del indio, in Revista Andina (1991); Alcaldes y concejales campesinos/indígenas: La lógica tras las cifras in Secretaría Nacional de Participación Popular; Indígenas en el poder local (1997) and Ojotas en el poder local, cuatro años después (1999). Robert Andolina is Assistant Professor of Political Science at Bates College in Maine, USA. Previously he was Postdoctoral Research Associate in Geography at Cambridge and Newcastle Universities in the UK, and Instructor in Political Science at the University of Minnesota, USA. He has worked on indigenous social movement and development politics in Ecuador and Bolivia, and has publications in Ecuador on indigenous movement ideology and political discourse, including El Proyecto Político de la CONAIE como Lucha Anticolonial: Una (otra) Reconsideración de Nación y Ciudadanía en el Ecuador, in Ileana Almeida and Nidia Arrobo (eds) En Defensa del Pluralismo y la Igualdad: Los Derechos de los Pueblos Indígenas y el Estado (1998). Demetrio Cojtí Cuxil is one of the foremost Mayan intellectuals in Guatemala. He is currently Vice-Minister for Education and was previously at the Educational Programme of the United Nations Children s Fund (UNICEF) in Guatemala. He received his doctorate in social communication at Louvaine University in Belgium and during the 1980s he taught at the San Carlos and Rafael Landívar universities in Guatemala. He has written widely on ethnic politics and social communication and has worked as an advisor to many indigenous organisations, NGOs and international institutions. His publications include Políticas para la reivindicación de los mayas de hoy (1994), El movimiento Maya (en Guatemala) (1997), and The Politics of Maya Revindication, in Edward F. Fischer and R. McKenna Brown (eds), Maya Cultural Activism in Guatemala. Shelton H. Davis is Sector Manager in the Social Development Unit, Environmentally and Socially Sustainable Development, Latin America and viii

Notes on Contributors ix Caribbean Region (LCSES) at the World Bank in Washington, D.C. where he is responsible for the Bank s work on social development, including tribal and indigenous peoples, civil society, resettlement, etc. He has written extensively on indigenous peoples, environment and development issues in Latin America. His books include Victims of the Miracle: Development and the Indians of Brazil (1977) and Land Rights and Indigenous Peoples: The Role of the Inter-American Commission on Human Rights (1988). He is the editor of the World Bank publications Indigenous Views of Land and Environment (1993) and Traditional Knowledge and Sustainable Development (1995). Davis has taught at the Federal University of Rio de Janeiro in Brazil, Harvard University, University of California at Davis, Massachusetts Institute of Technology, Boston University, Clark University, the University of Massachusetts and most recently at Georgetown University. Nina Laurie is Senior Lecturer in the Department of Geography at Newcastle University, UK. She has worked on issues of social development in Latin America for more than ten years, with specific interests in gender and development, indigenous issues and social exclusion in the Andes. She also focuses on regional development, participation and decentralisation through research on informal employment and water privatisation. She works collaboratively with colleagues at CESU, San Simón University, Bolivia and in the Postgraduate Centre in San Marcos University, Peru through DFID/British Council Higher Education Links. She is co-author of Geographies of New Femininity (1999). She is an affiliated Research Fellow at the Latin America and Caribbean Studies Centre at the University of Illinois, USA. Guillermo de la Peña is Research Professor at the Centro de Investigaciones y Estudios Superiores en Antropología Social (CIESAS) (Guadalajara, Mexico), where he directs a project on changes in the relationships among indigenous peoples, the state and civil society in Mexico. During the last 30 years, he has done extensive fieldwork in Central and Western Mexico, both in rural and urban areas. He has been a Visiting Scholar at the University of Cambridge, a Tinker Professor at the Universities of Chicago and Texas, and a Bolívar Professor at the University of Paris III. Among his publications are A Legacy of Promises: Agriculture, Politics and Ritual in the Morelos Highlands of Mexico (1982); Antropología Social de la Región Purhépecha (1987); Populism, Regional Power, and Political Mediation: Southern Jalisco, 1900 1980, in Eric Van Young (ed.) Mexico s Regions: Comparative History and Development (1992); Rural Mobilizations in Latin America since c. 1920, in Leslie Bethell (ed.) The Cambridge History of Latin America, Vol. 6, Part II (1994); El Cambio Social en la Región de Guadalajara (1995); Los Desafíos de la Clase Incomoda: El Campesinado frente a la Antropología Americanista, in Miguel de León- Portilla (ed.) Motivos de la Antropología Americanista (2001). He has also edited

x Multiculturalism in Latin America several books, the most recent of which (in collaboration with Luis Vazquez León) is La Antropología Sociocultural en el México del Milenio: Búsquedas, Encuentros y Transiciones (2002). Roger Plant is a specialist on social policy, land rights and indigenous issues and currently heads the Special Action Programme against Forced Labour at the International Labour Organisation (ILO), Geneva. He has worked for several UN agencies, including the ILO (where he worked in preparation of the ILO s Indigenous Peoples Convention) and the UN Mission to Guatemala, where he served first as special advisor on indigenous issues and subsequently as head of the socioeconomic area. He has also worked as a consultant for the Interamerican Development Bank and Asian Development Bank on issues of indigenous poverty and development, where his recent publications include Issues in Indigenous Poverty and Development (1998), Indigenous Peoples and Poverty Reduction: A Case Study of Guatemala (1998), Land Titling and Indigenous Peoples (2001) and Indigenous Peoples, Ethnic Minorities and Poverty Reduction in South-East Asia (2002). Other recent publications include The Rule of Law and the Underprivileged in Latin America: A Rural Perspective ; in Juan Mendez, Guillermo O Donnell and Paulo Sérgio Pinheiro (eds), The (Un)Rule of Law and the Underprivileged in Latin America (1999); and Indigenous Identity and Rights in the Guatemalan Peace Process, in Cynthia Arnson (ed.), Comparative Peace Processes in Latin America (1999). Sarah Radcliffe is a Fellow of New Hall, and Senior Lecturer in the Department of Geography, University of Cambridge. Her research interests include social and political restructuring, and socio-cultural identities in the Andes. Her recent projects include work on popular national identities, the intersections of gender and race, political transnationalism among indigenous people, and the spatial formation of states. She is also starting work on Ecuadorian migrants to Europe. Recent publications include a piece in Global Networks, while her book Remaking the Nation: Place, Politics and Identity in Latin America (with S. Westwood) was published in Spanish (Quito, 1999). She is currently Co-Editor of the Bulletin of Latin American Research. Rachel Sieder is Senior Lecturer in Politics at the Institute of Latin American Studies, University of London. She has been a visiting fellow at FLACSO Guatemala and a visiting lecturer at the Centro de Investigaciones y Estudios Superiores en Antropología Social (CIESAS) in Chiapas, Mexico. Her research focuses on legal reform, indigenous rights and human rights. Her recent publications include The Politics of Remembering and Forgetting in Central America, in Alexandra de Brito et al. (eds), The Politics of Memory and Democratization (2001); with Jessica Witchell, Advancing Indigenous Claims through the Law: Reflections on the Guatemalan Peace Process, in Jane

Notes on Contributors xi Cowan, Marie Dembour and Richard Wilson (eds), Culture and Rights (2001); and Revisioning Citizenship: Reforming the Law in Post-Conflict Guatemala in Thomas Blum Hansen and Finn Stepputat (eds), States of Imagination: Explorations of the Post-Colonial State (2001). Her articles have appeared in the Journal of Latin American Studies, The Bulletin of Latin American Research, Democratization and Citizenship Studies and her edited books include Guatemala After the Peace Accords (1998) and (with Pilar Domingo) Promoting the Rule of Law: Perspectives on Latin America (2001). She is Associate Editor of the Journal of Latin American Studies. Rodolfo Stavenhagen, research-professor in sociology at El Colegio de México (Mexico), is currently United Nations Special Rapporteur for the Human Rights of Indigenous People. He is Vice-President of the Inter-American Institute of Human Rights and member of the Council of the United Nations University for Peace. He is a former Assistant-Director General for Social Sciences at UNESCO. In Mexico, he has been General Director for Popular Cultures in the Ministry of Public Education, and worked for several years in the National Indianist Institute. He was founding president of the Mexican Academy for Human Rights and a member for ten years of the Council of the National Commission of Human Rights. He is currently a member of the Commission on the Monitoring and Follow-up of the San Andrés Peace Accords between the federal government and the Zapatista National Liberation Army. In 1997 he was awarded the National Prize of Sciences and Arts by the Mexican government. He has been visiting professor at Harvard and Stanford universities. His research interests include social development, agrarian problems, ethnic conflicts, indigenous peoples and human rights. His recent books include: Derechos humanos de los pueblos indígenas (2000), Ethnic Conflicts and the Nation-State (1996), The Ethnic Question: Development, Conflict and Human Rights (1990) and Entre la ley y la costumbre: el derecho consuetudinario indígena en América Latina (1990). Donna Lee Van Cott is assistant professor of political science at the University of Tennessee, Knoxville. She is editor of Indigenous Peoples and Democracy in Latin America (1994) and author of The Friendly Liquidation of the Past: The Politics of Diversity in Latin America (2000). Van Cott has published articles on diverse aspects of indigenous peoples politics, most recently, in the Journal of Latin American Studies, Studies in Comparative International Development, and Latin American Perspectives. She is currently working on a book that explains the emergence and success of indigenous political parties in South America. Raquel Yrigoyen Fajardo is a Peruvian lawyer, PhD candidate in law, with a Master s degree in criminology, and post-graduate studies in Anthropology and Indigenous Law. She has worked on human rights, justice, multicultur-

xii Multiculturalism in Latin America alism and indigenous rights in several countries in Latin America, for various branches of the United Nations (the High Commissioner for Human Rights, MINUGUA, UNOPS, UNICRI, UNDP) and other human rights organisations. She is author of two books and more than 40 articles related to indigenous law, legal reform, legal pluralism and human rights. She has been guest lecturer in more than 20 universities of Latin America and Europe. Currently she is editor of the web site Alertanet Portal on Law and Society for the Latin American Network of Law and Society, www.alertanet.org

Acknowledgements This volume originated in a conference and workshop convened at the Institute of Latin American Studies in March 1999 entitled Pluri-Cultural and Multi-Ethnic: Evaluating the implications for state and society in Mesoamerica and the Andes. Thanks are due to the administrative staff of the Institute for facilitating that event, especially to Olga Jiménez and Tony Bell for their skilful and seamless organising of everything and everyone involved. The contributions made by the participants and discussants at the workshop immeasurably enriched the contents of the final volume and I am enormously grateful to Deborah Yashar, Olivia Harris, Maxine Molyneux and James Dunkerley for their critical observations and collegial input and support. John Gledhill took time out from a busy schedule to provide insightful comments and helpful suggestions on an initial draft of the book. Donna Lee Van Cott and Raquel Yrigoyen were an important source of inspiration and encouragement and completed their revisions in record time. The Institute of Latin American Studies provided me with a six-month sabbatical during which the introduction to the volume and editing were completed and my thanks are due to all my colleagues, but particularly to James Dunkerley and Pilar Domingo, for making that possible. John Maher, my editor at ILAS, and Alison Howson and Guy Edwards at Palgrave made the editorial process a painless one. I also gratefully acknowledge the financial support of the European Commission. Rachel Sieder This book has been produced with the financial assistance of the European Community. The views expressed herein are those of the authors and can therefore in no way be taken to reflect the official opinion of the European Community. xiii