Abstract

The chapter highlights the fundamental problems shared by Indigenous groups across Latin America with regards to recognition. More centrally, it demonstrates the unique experience of Chile’s Indigenous peoples, with its specific multiple social, political, economic, and normative dimensions and textures. Confronted with an extractive, export-led development model and national legislation that is functional to that model, the survival of Indigenous communities is at risk. There is an apparent contradiction between the rights of these Indigenous peoples and development in their countries. As I explain in this chapter, there is a clear need for the redesign of the form of the state, including the development model and constitutional framework. I argue that it is only by doing so that it will be possible to ensure that Indigenous rights are understood as an indispensable part of the development of the country and transition to a dialogic understanding needed to protect nature. In this chapter, I follow the guiding concept I have previously termed a democratic, pluralist, and intercultural horizon”. First, I lay out the central elements of the theoretical framework I apply, and then consider the current constitutional constituent process in Chile from this perspective. This analysis reveals the link between the historical, political, and institutional situation of domination and exclusion of the Indigenous peoples in Latin America and the current demands for recognition by these peoples. In this context, to talk of recognition supposes the transformation of the state, the form of law, and democracy itself. This requires an intercultural-constituent process focus that tackles the problem of the effective exercise of Indigenous rights. Thus, I attempt to define here the conditions necessary to effectively guarantee the rights of Indigenous peoples.