Abstract

MESRI HASHEMI-DILMAGHANI, Parastoo Anita. Una propuesta para la promulgación de una ley de justicia indígena en el estado de Oaxaca. Nueva antropol [online]. 2013, vol.26, n.78, pp.119-140. ISSN 0185-0636.

This article addresses the promulgation of an Indigenous Justice Law in the state of Oaxaca, Mexico, as the only way to enable the implementation of international, national and state regulation related to indigenous rights, in particular, that of autonomy. Indigenous peoples and communities have the right to apply their own legal regulations in order to resolve internal conflicts, and there are already structures and means to do so, generally through some local authority or agency. However, there are many cases that enter into the state or mestizo system of justice that should be resolved within the same communities, applying indigenous law. The new government in Oaxaca, acting in good faith as called for by the International Labour Organization's Convention no. 169, must establish its own plan to carry out consultations with the different indigenous nations and communities in the state with respect to the scope of the above mentioned legislation. The adoption of a culture of consultation is the only way to ensure that the law meet the needs and fulfill the expectations and demands of the various indigenous groups in the state. The specific proposal is that the consultations be conducted in direct coordination with communities, which will then be in charge of carrying them out.

Keywords : Autonomy; indigenous law; legal pluralism; Oaxaca legislation; Quintana Roo; Candelaria Loxicha.

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