Between relations and rights: writing constitutions in Mayan Guatemala

ABSTRACT

This article discusses indigenous autonomy and legal pluralism in Guatemala. It explores how local governing practices are increasingly being based on written, constitution-like statutes with an emergent focus on “rights”, replacing oral traditions focussed on relations. It argues that notwithstanding this great change, communal authorities continue to function as a principal medium for articulating indigenous sovereignty by appropriating a vital piece of modern nation-state imagery: constitutional law. This transformation of local political practices also shows how a long tradition with legal pluralism in Guatemala is maintained thanks to the continuing ordering capacity of the communal authorities. Building a successful, multicultural Guatemala hinges as much on the ability of communal power to reinvent itself as on nation-state legal reform.

KEYWORDS:

• Guatemala
• indigenous Peoples
• legal pluralism
• sovereignty
• interlegality

Acknowledgements

My gratitude to The Communal Mayors of the 48 Cantons of Totonicapán, and in particular the communities of Paxtocá, Juchanep, Chuatroj, Chuculjuyup, Xolsacmaljá, Xesacmaljá, Chotacaj and Quiacquix. Also thanks to CDRO, the Ministerio Público and the tribunals of Totonicapán and to Rachel sieder, David Stoll and various anonymous reviewers for constructive comments.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. The 1996 Peace Accords, given constitutional rank in 2005, consist of 12 parts including one about “identity and rights of indigenous peoples” (for full texts, see MINUGUA 1997). This latter accord outlines a multicultural state (for a good update, see Cojtí et al 2007).

2. GTQ = Guatemalan Quetzales. In 2015 USD 100 equalled approx. GTQ 730.