Abstract

COLMENARES OLIVAR, Ricardo. Common Law Indigenous Rights in Central and South America: The Venezuelan Case. Frónesis [online]. 2006, vol.13, n.3, pp.56-99. ISSN 1315-6268.

Common law indigenous rights, known in other legal jurisdictions as Indigenous Rights or natural rights, constitute a specific manifestation of the political and social autonomy claimed by indigenous populations in certain countries in Latin America, for the purpose of resolving conflicts between the same according to their customs and traditions. In a review of constitutional and normative advances in this area, one observes the impact that the ratification of this agreement (Covenant 169 of the International Labor Organization, OIT) will have in the internal legal process in each nation, and it is seen to be an element that touches upon the malfunctions of states rights, and strengthens the participation of indigenous actors in democratic systems.

Keywords : Common rights; state; multi-cultural-ism; judicial pluralism; indigenous authority.