Assessing Compliance with Indigenous Self-Determination Standards: A Comparative Analysis of Chile, Colombia, and Mexico

Abstract

Recent advancements have been observed in the global legal framework, particularly in the recognition of Indigenous peoples’ rights, among which the right to self-determination stands out. This right encompasses the ability to define their political status and to pursue economic, social, and cultural development autonomously. The Inter-American Commission on Human Rights (IACHR) has identified six criteria to evaluate adherence to these rights. This study aims to assess the progress made by Chile, Colombia, and Mexico in meeting these criteria. Employing a non-experimental, cross-sectional, and exploratory research design, the study utilized a questionnaire based on a Likert scale to gather data from residents of Indigenous communities within the three countries under consideration to measure the perception that these individuals have regarding the compliance with the six standards of the IACHR, and specific questions have been designed based on the content of each standard. Once the degree of self-determination is understood, a multivariate analysis technique (Principal Component Analysis) will be used to compare the level of progress by country. The data collection instruments were applied in 2023 (September/November), with the results processed and the final report drafted in early 2024. Findings suggest that the criterion most adequately met is that of cultural identity and non-discrimination, whereas the criterion pertaining to the right to prior, free, and informed consultation and consent is the least fulfilled. Through principal component analysis, it was noted that Colombia exhibits a higher level of compliance with the right to self-determination, followed by Mexico, with Chile demonstrating a divergence and lagging in progress. The study concludes that a significant challenge for these countries lies in continuing efforts to effectively meet these standards and ensure the right to self-determination for Indigenous and tribal peoples.

Keywords

• Indigenous
• IACHR
• Latin America
• people
• self-determination
• standards