Generalities Of Indigenous Peoples

Generalities of indigenous peoples

Introduction

To conceptualize the indigenous term, the second article, third paragraph of the Political Constitution of the United Mexican States mentions that they are members of an indigenous people, those that form a social, economic and cultural unity, settled in a territory and recognized by authoritiesown according to their uses and customs.

Continuing with this definition, the World Bank indicates that indigenous communities are culturally different societies;The land in which they live and the natural resources on which they depend are inextricably linked to their identity, culture and means of subsistence, as well as their physical and spiritual well -being. Therefore, it is concluded that they are indigenous, all those born in certain regions, whose ethnic roots, traditions and customs have been transmitted from generation to generation in order to avoid the extinction of cultures that make up these communities and peoples and peoples.

Developing

In Mexico, the rights, both universal and collective to indigenous communities, are recognized within their legal machinery and the correct management of these, will be the responsibility of those who want to exercise them, as well as the competent authorities. In reference to collective rights, it is a constant controversial to ask why indigenous people enjoy rights that the rest of the nation does not.

Francisco López Bárcenas explains that the existence of these peoples is much older than the formation of the Mexican State, and therefore maintain their institutions or forms of organization;same author, he mentions that they correspond to indigenous peoples, rights that contribute to the development of their communities such as autonomy, their own government, the conservation and enrichment of their culture and the right to the management and disposition of their territory.

This document is merely focused on the right to the protection of land of indigenous peoples, which is defined, according to the United Nations Declaration on the Rights of Indigenous Peoples as the power that the members of these communities have, with respect to their lands, territories and resources, without neglecting those who have traditionally possessed, but which are currently controlled by others.

In this sense, according to Julian Burger, the natural resources of indigenous peoples are those who have historically occupied or of which they have enjoyed their property, use, possession, control and right of disposition;These resources include: coastal seas and sea ice, air, as well as wood, minerals, oil and gas, genetic resources and any other existing material resource in indigenous lands and territories.

conclusion

With the previous argument, it is sought to highlight that indigenous peoples have absolute and/or partial privileges on their lands at all times, and legal instruments must be responsible for based on the support, protection and guarantee of them;thus carrying, to its correct exercise;And, in this way, guide the full enjoyment and enjoy the rights that lie in the property and possession of their lands.