Usos y costumbres ("customs and traditions"; literally, "uses and customs") is the indigenous customary law in Hispanic America. Since the era of Spanish colonialism, authorities have recognized local forms of rulership, self governance, and juridical practice, with varying degrees of acceptance and formality. The term is often used in English without translation.
Usos y costumbres political mechanisms are used by numerous indigenous peoples in Mexico, Guatemala, Bolivia, and other countries to govern water rights, in criminal and civil conflicts, and to elect their representatives to regional and national bodies.
Spanish colonial authorities in the Americas were ordered to investigate the traditions and customs of indigenous communities, and to apply these traditions to disputes among Indian subjects. [1] Scholar José Rabasa traces the term usos y costumbres to the New Laws of 1542, which ordered traditional procedures be used in dealings with Indians rather than "ordinary" Spanish legal proceedings. The division of legal authority is associated with notion of a Republic of Indians (Spanish : República de Indios) subject to distinct legal norms under Spanish colonial rule. [2] According to Rabasa, this division "at once protects Indian communities from Spaniards, criollos , and mestizos , and alienates Indians in a separate republic, in a structure not unlike apartheid." [2]
In Mexico, usos y costumbres practices are widely used by indigenous communities and are officially recognized in the states of Oaxaca (for 417 of 570 municipalities), Sonora, and Chiapas. [3]
In Guatemala, Maya communities have used a variety of community-oriented or informal mechanisms for conflict resolution. That is commonly referred to as Maya justice, or usos y costumbres. [4]
In Bolivia, indigenous norms for self-governance, justice, and administration of territory are extensively recognized by the 2009 Constitution, which defines the country as plurinational. This recognition builds on earlier incorporation of indigenous customary law into the Bolivian legal system. In eight of the country's nine departments, minority indigenous peoples (and in La Paz, Afro-Bolivians) elect representatives to the Departmental Assembly through customary procedures. [5]
Native Community Lands (Spanish : Tierras Comunitarias de Origen; TCOs), as recognized by the 1994 Constitutional reform, are indigenous territories whose governance is determined by usos y costumbres. [6] As of 2011, [update] TCOs are being included under the Indigenous-Origin Campesino Autonomy regime. The eleven municipalities also under this regime may choose to use usos y costumbres for their internal governance. [7] Indigenous water rights, governed by usos y costumbres, were recognized by amendments to Bolivia's Law 2029 following the 2000 Cochabamba Water War. [8]
In Colombia, the 1991 Constitution recognizes locally elected cabildos, chosen by usos y costumbres, as the governing authorities of indigenous reserves (resguardos) and the validity of customary law in these territories. [9]
There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model.
Mestizo is a person of mixed European and Indigenous non-European ancestry in the former Spanish Empire. In certain regions such as Latin America, it may also refer to people who are culturally European even though their ancestors are Indigenous. The term was used as an ethno-racial exonym for mixed-race castas that evolved during the Spanish Empire. It was a formal label for individuals in official documents, such as censuses, parish registers, Inquisition trials, and others. Priests and royal officials might have classified persons as mestizos, but individuals also used the term in self-identification. With the Bourbon reforms and the independence of the Americas, the caste system disappeared and terms like "mestizo" fell in popularity.
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Spanish America refers to the Spanish territories in the Americas during the Spanish colonization of the Americas. The term "Spanish America" was specifically used during the territories' imperial era between 15th and 19th centuries. To the end of its imperial rule, Spain called its overseas possessions in the Americas and the Philippines "The Indies", an enduring remnant of Columbus's notion that he had reached Asia by sailing west. When these territories reach a high level of importance, the crown established the Council of the Indies in 1524, following the conquest of the Aztec Empire, asserting permanent royal control over its possessions. Regions with dense indigenous populations and sources of mineral wealth attracting Spanish settlers became colonial centers, while those without such resources were peripheral to crown interest. Once regions incorporated into the empire and their importance assessed, overseas possessions came under stronger or weaker crown control.
The Nahuas are one of the Indigenous people of Mexico, with Nahua minorities also in El Salvador, Guatemala, Honduras, Nicaragua, and Costa Rica. They comprise the largest indigenous group in Mexico. They are a Mesoamerican ethnicity. The Mexica (Aztecs) are of Nahua ethnicity, as are their historical enemies, the Tlaxcallans (Tlaxcaltecs). The Toltecs which predated both groups are often thought to have been Nahua as well. However, in the pre-Columbian period Nahuas were subdivided into many groups that did not necessarily share a common identity.
Fuero, Fur, Foro or Foru is a Spanish legal term and concept. The word comes from Latin forum, an open space used as a market, tribunal and meeting place. The same Latin root is the origin of the French terms for and foire, and the Portuguese terms foro and foral; all of these words have related, but somewhat different meanings.
The Confederation of Indigenous Peoples of Bolivia is a national representative organization of the Bolivian indigenous movement. It was founded in October 1982 in Santa Cruz de la Sierra as the Confederation of Indigenous Peoples of the Bolivian East, with the participation of representatives of four indigenous peoples of the Bolivian East: Guarani-Izoceños, Chiquitanos, Ayoreos and Guarayos.
The Constitution of Mexico does not declare an official language; however, Spanish is the de facto national language spoken by over 99% of the population making it the largest Spanish speaking country in the world. Due to the cultural influence of the United States, American English is widely understood, especially in border states and tourist regions, with a hybridization of Spanglish spoken. The government also recognizes 63 indigenous languages spoken in their communities out of respect, including Nahuatl, Mayan, Mixtec, etc.
Indigenous peoples of Mexico, Native Mexicans or Mexican Native Americans, are those who are part of communities that trace their roots back to populations and communities that existed in what is now Mexico before the arrival of Europeans.
Xoxocotla is a town located in the southern part of the state of Morelos, about 30 km south of the state capital Cuernavaca. The name comes from the Nahuatl language, Xoxo-oco-tlan: “place where there are green pines". Formerly part of Puente de Ixtla, it became its own indigenous municipality on 1 January 2019. It recorded a population of 21,074 inhabitants in the 2010 Mexican census.
The Guarayos are an indigenous group living in their ancestral land in eastern Bolivia. They are located north of the department of Santa Cruz. The current population of the Guarayo group in Bolivia is 12,000. They primarily speak Guarayu, and 70% of the population is Roman Catholic with the remaining 30% practicing ethnic religions. Guarayu comes from the language of Guaraní as it belongs in the Tupí Family. They are known to be predominantly agricultural as much of their culture and lifestyle relies on their land.
Eufrosina Cruz Mendoza is a Zapotec activist for gender equality and the rights of indigenous women and communities. In November 2010 she became the first indigenous woman in Oaxacan politics, assuming the position of deputy of the National Action Party and president of the board of the local congress. In December of the same year Eufrosina was appointed as coordinator of indigenous affairs of the National Executive Committee of the PAN. She is also the founder and director of the QUIEGO Asociación Civil, which promotes gender equality in Oaxaca.
The Tzeltal are a Maya people of Mexico, who chiefly reside in the highlands of Chiapas. The Tzeltal language belongs to the Tzeltalan subgroup of Maya languages. Most Tzeltals live in communities in about twenty municipalities, under a Mexican system called “usos y costumbres” which seeks to respect traditional indigenous authority and politics. Women are often seen wearing traditional huipils and black skirts, but men generally do not wear traditional attire. Tzeltal religion syncretically integrates traits from Catholic and native belief systems. Shamanism and traditional medicine is still practiced. Many make a living through agriculture and/or handcrafts, mostly textiles; and many also work for wages to meet family needs.
Native Community Lands, according to Bolivian law, are territories held by indigenous people through collective title. The creation of these territories has been a major goal of Bolivian indigenous movements and a political initiative pursued by both neoliberal and indigenous-identified national governments. TCOs are being included under the Indigenous Originary Campesino Autonomy regime. As of June 2009, 60 TCOs had been proposed in the lowlands, of which 12 had completed titling, and 143 had been proposed in the highlands, of which 72 had final titles. More than 16.8 million hectares have been incorporated within Native Community Lands as of December 2009, more than 15% of Bolivia's land area.
The Chiquitano or Chiquitos are an indigenous people of Bolivia, with a small number also living in Brazil. The Chiquitano primarily live in the Chiquitania tropical savanna of Santa Cruz Department, Bolivia, with a small number also living in Beni Department and in Mato Grosso, Brazil. In the 2012 census, self-identified Chiquitanos made up 1.45% of the total Bolivian population or 145,653 people, the largest number of any lowland ethnic group. A relatively small proportion of Bolivian Chiquitanos speak the Chiquitano language. Many reported to the census that they neither speak the language nor learned it as children. The Chiquitano ethnicity emerged among socially and linguistically diverse populations required to speak a common language by the Jesuit Missions of Chiquitos.
The lands inhabited by indigenous peoples receive different treatments around the world. Many countries have specific legislation, definitions, nomenclature, objectives, etc., for such lands. To protect indigenous land rights, special rules are sometimes created to protect the areas they live in. In other cases, governments establish "reserves" with the intention of segregation. Some indigenous peoples live in places where their right to land is not recognised, or not effectively protected.
The Mezquital Valley is a series of small valleys and flat areas located in Central Mexico, about 60 kilometres (37 mi) north of Mexico City, located in the western part of the state of Hidalgo. It is part of the Trans-Mexican Volcanic Belt, with altitudes between 1,700 metres (5,600 ft) and 2,100 metres (6,900 ft) above sea level. It is one of Mexico's main semi-arid/area regions, whose native vegetation is dominated by cactus species, mesquite trees, and maguey with pine and oak trees in the highest elevations. It is considered to be part of the northern extension of Mesoamerica, with one major archeological site, Tula, which was the main city of the Toltecs, an important influence for the later Aztecs. However, from the Aztec period to the 20th century, it was sparsely populated and very poor, with one main indigenous ethnicity, the Otomis. In the 20th century, irrigation works were created to take advantage of the water in the Tula River, along with wastewater drained from the Valley of Mexico for agriculture. Today, the valley produces various grains and produce, including one-quarter of all green chili peppers grown in Mexico.
According to Costa Rica's 1977 Indigenous Law, the Indigenous Territories are the traditional lands of the legally recognized indigenous peoples of Costa Rica. The Republic of Costa Rica recognizes eight native ethnicities; Bribris, Chorotegas, Malekus, Ngöbe, Huetars, Cabecars, Borucas and Terrabas.
Thomagata or Fomagata was a mythical cacique who was said to have been zaque of Hunza, present-day Tunja, Colombia, then part of the Muisca Confederation. He is remembered as one of the most religious in the history of the zaques, after Idacansás.
In Mexico, the task or collective work that each person owes to their indigenous community is known as tequio. Since it is done for the benefit of the community itself, it is not paid work. Tequio is a custom which various indigenous communities throughout Mexico continue to practice to varying degrees and in different ways. Similar concepts to tequio are minka in several South America countries and hacendera in Spain.