Mexican State’s interpretation of indigenous self-determination in the age of democracy (1992-2022)

Abstract

This article charts how Mexican authorities have interpreted and implemented indigenous peoples’ constitutional right to self-determination since it was first adopted in a 1992 constitutional reform. “Self determination” can mean many things, and the constitution gives stakeholders ample discretion to define and negotiate the content of this right. Most state legislatures initially passed “indigenous culture laws” starting in the late 1990s. The state of Oaxaca also amended its electoral procedure code to allow municipalities with a majority of indigenous residents to elect the members of their local governments through community assemblies (instead of the “political party system”). In the last five years, courts have further expanded electoral protections for indigenous communities by mandating that federal and state electoral Institutes implement quotas reserved for indigenous candidates in legislative elections. The application of indigenous self-determination has thus gone from being handled by state legislatures to being the province of federal electoral courts. The prevailing interpretation of self-determination has shifted from self-determination as self-government to it being understood as special legislative representation.