The Usurpation Of Indigenous Peoples

The usurpation of indigenous peoples

Introduction

The native peoples in Argentina were systematically denied and excluded throughout the history of our country. In the present work the problem of the original peoples and the DD will be addressed. H H. and the language of law from the perspective of the School of Natural Law or also called iusnaturalism.

The usurpation of the territories occupied by different ethnicities from the nineteenth century was accompanied by a symbolic process of reducing its various cultural identities to a single identity imposed: that of "Indian", as equivalent to "barbarian" or "wild", which contributed to the invisibility of its cultural diversity. Also and as a consequence of the dispossession of their lands and resources, they were condemned to poverty and this resulted in other forms of social exclusion.

Developing

The military campaigns of the nineteenth century the so -called "desert campaign" against Mapuches, Tehuelches and Ranqueles; In the north, the "Chaco campaign" against Tobas, Wichís, Mocovíes and Pilagá turned out to be true genocides, which were never even considered as a cause for some type of jurisdictional claim. In the twentieth century, inequitable assimilation mechanisms were based primarily on the imposition of European matrix hegemonic culture through institutions, such as school and military service, whose objective was cultural homogenization.

These mechanisms imposed punishments to those who spoke their mother tongue and a distorted history was taught, that conception prevailed on the vision of a mestizo and diverse nation that had several of the first fighters for independence, such as José de San Martín, Manuel Belgrano or Mariano Moreno, and that is at the base of the constitution of most Latin American nations.

In this way, in Argentina a partial and falsified vision was built: that of a white nation of European ancest Legal thesis. In the first one there are universally valid moral and justice principles and affordable to human reason and the second argues that a norm could not be considered as legal if it contradicts those basic principles.

Taking into account another important argument to highlight and is the one referring to the functional analysis of law, authors such as Norberto Bobbio, points out as a characteristic of the process of transit of the liberal state to the social state of law or welfare state, far from losing functions, the State It has acquired new and complex responsibilities, whether in the realization of common interest purposes, not resolved within the subsidiary activity, either in the performance of promoters and/or other roles. 

In this context, legal instruments and the purpose of their use acquire significant importance in the subject of care and preservation of DDs. H H. As for the native peoples, it refers. As the popular saying “For sample is enough one button” we must only look at our brother people of Bolivia and every fenece argument.

For now, at what level is this analysis installed? Is it about finding specific notes that would correspond to any legal organization? Is it about thinking about functions from the perspective of the State or from civil society?; It is about identifying intermediate ends or final purposes of law? How to define, on the other hand, the right object? Are your objectives exhausted in the establishment of a finite universe of prohibitions, or also the law promotes, provides and organizes social behaviors with a positive sense?

conclusion

If we answered these questions of the Mexican author, taking into account the subject addressed, it could be said that through the two centuries of our national right and as a political organization all norms or almost all were at the expense of the natives, reaching the constitutional reform of 1994, where through art. 75 through which the ethnic and cultural preexistence of the Argentine indigenous peoples is recognized.

Also guaranteeing respect their identity, their language and the possession of their lands, being all compatible with the natural right of every person such as what they are. The function of the State is not only to write in the CN with good rhetoric these rights, but must make them respect in its entirety, for all and all even non -governmental organizations.