Mexican Indian rights bill raises fears
A new bill before Congress is meant to vindicate Indian rights by reforming
seven articles of the constitution, but critics fear the proposed new law
would
give too much power to local Indian governments.
Promoters of Indian rights law, born out of the Zapatista rebellion which
claims
that the globalization of the world economy threatens Indians, say it will
finally
enshrine rights and respect for 10 million Mexicans who are Indian, or
one tenth
of the nation.
But there are concerns are that such a law would endanger the environment
by
giving Indian groups total control over natural resources on their lands;
allow
Indian communities to legally discriminate against women under traditions
known as "uses and customs"; and undermine Mexico's ideal of mixed blood.
Mexicans claim pride in mestizaje, the mingling of European conquerors
and
Indians. But many -- even dark-skinned Mexicans with Indian features --
openly
look down on people who speak Spanish with the accent of an Indian tongue.
A long-stalled bill
The bill was drafted during peace talks between the government and the
Zapatista National Liberation Army, which took up arms to fight for Indian
rights
in 1994. The peace talks fell apart in 1996 and the bill gathered dust
for years.
Then President Vicente Fox, the first Mexican leader to come from outside
the long-ruling Institutional Revolutionary Party (PRI) in 71 years, took
office
in December.
Acting on campaign promises to end the low-level conflict with the Zapatistas
in
southern Mexico, and holding out an olive branch to the rebels, Fox sent
the
bill to Congress, where his National Action Party (PAN) must gather support
from the PRI and the leftist Party of the Democratic Revolution (PRD).
The reforms in the bill must be approved by two-thirds of the 128-seat
Senate
and then by the 500-member lower house.
On March 28, in an unprecedented Congressional appearance by a rebel group,
Zapatista leaders wearing masks and traditional Indian clothes, lobbied
for the
bill.
The proposed constitutional reforms would give Indian peoples the right
to free
determination and autonomy, and the right to resolve their own internal
conflicts
without violating human rights and the dignity of women.
If passed, the law would also allow Indian villages to elect their own
authorities
and to collectively use natural resources on their lands.
It also would make the government responsible for improving Indian education
and providing interpreters and public defenders when they are in the justice
system.
Too much autonomy
Some experts say the proposed law is dangerous.
"It's one thing to recognize the autonomy that Indian people have a right
to, and
to respect their uses and customs, their languages. But it's another thing
to convert
these Indian communities into small independent states. That would be the
destruction
of the country," said Ignacio Burgoa, a law professor at Mexico's National
Autonomous
University and an expert on constitutional issues.
But Alcides Vadillo, an indigenous rights expert with the United Nations
human rights
office in Guatemala, says that giving Indian communities autonomy is not
incompatible
with a nation's central government.
The real problem with such laws, he said, is that they are seldom properly implemented.
Mexican political analyst Lorenzo Meyer argues that Mexico's constitution
already guarantees Indian rights, and the law just needs to be enforced.
"The bulk of what the law wants already exists. There won't be anything
really
new," Meyer said.
He says Indian communities have always been allowed to impose their "uses
and
customs," without problems. For example, the obligation to do communal
work
without pay has always gone unpunished, although it's not strictly legal,
he
pointed out.
Uses and customs
"Uses and customs," differ among Mexico's Indian communities. But in many
villages traditional councils of elders, usually men, make decisions for
the whole
community. Sometimes the councils decide how the whole town will vote in
state and national elections.
Some critics have said that because of that, the Indian rights law could
threaten
democracy in Mexico and discriminate against women.
The Zapatista's Commander Esther tried to lay to rest the fear that Indian
women
would be harmed by the proposed new law, when she spoke before Congress
in
March.
She said that current laws had marginalized and humiliated women and pointed
out that the Indian rights law actually contains language to protect women.
"We, in addition to being women, are indigenous, and, as such, we are not
recognized. We know which are good and which are bad uses and customs.
The
bad ones are hitting and beating a woman, buying and selling, marrying
by force
against her will, not being allowed to participate in assembly, not being
able to
leave the house," she told Congress
Meyer said the reforms as currently worded would actually force Indian
communities to modernize.
"Discrimination against women will not be allowed, they won't be able to
do that
any more," he said.
Who is Indian?
Lawmakers said another drawback of the Indian rights bill was that it would
force the government to identify "authentic" Indian communities.
The lawmakers also worry that if Indian communities are free to exploit
national
resources they will destroy the environment.
But Environment Minister Victor Lichtinger said that more control will
mean
more protection.
"I am convinced that giving greater autonomy to Indian peoples in their
own
lands, will be favorable for the conservation of those ecosystems," Lichtinger
said.
Whatever happens to the law in Mexico, rights expert Vadillo said the results
will
reverberate throughout the region, where Indian rights are being debated
within
the context of greater democracy in Ecuador, Peru, Colombia and Guatemala.
"What happens in Mexico will have an enormous political influence on the
rest of
Latin America," Vadillo said.
Copyright 2001 Reuters.