La Constitución que emerge: las voces acalladas de las comunidades originarias en el discurso constitucional peruano de comienzos del siglo XXI

The Insurgent Constitution: the silenced voices of indigenous people in Peruvian constitutional discourse at the beginning of the XXI century

Abstract

Abstract: The Insurgent Constitution: the silenced voices of indigenous people in
Peruvian constitutional discourse at the beginning of the XXI century – The republics
that were formed by the independence of the Spanish colonies in Latin America in the 19th
century did not incorporate the indigenous communities in the emancipation project. On the
contrary, the Republic constituted in many cases a new punishment for these communities.
They had to sustain it with the payment of new taxes, besides that they became, mandatorily,
in the troop of the new armies that Prefects and Subprefects recruited throughout the country.
Only in the 20th century, indigenous communities achieved their slow appearance in academic
and constitutional debates. The movement of human rights towards the second half of the
20th century, together with the new tools of post-war constitutionalism, the establishment of
constitutional justice and, above all, the creation of the Inter-American Court of Human
Rights, have created the conditions for the judicial protection of rights that began to be recognized during the second half of the 20th century. In this context, a new Constitution is emerging at the beginning of the 21st century: it is the indigenous Constitution, which, based on the recognition of constitutional pluralism and international human rights law, is making possible the construction of the Inter-American Court of Human Rights jurisprudence with a strong influence in national courts.
Keywords: Indigenous constitutional law; pluralist constitutionalism; Latin American constitutionalism; Peru.