Abstract (eng)
Indigenous and western right concepts differ tremendously. This text aims to analyze the symbiotic relationships between indigenous and state law in México as well as the possibly problematic differences the two concepts embody. But not only are the concepts differing, there is also an obvious hierarchy where they collide. Around 60 indigenous peoples with very different social structures, moral/religious/political views, livelihoods, resources and needs currently live in México, some of them under their customary law usos y costumbres. Their traditions, even though widely different from each other, make up a vague and uncontrollable concept operating alternatively from state law. These traditions, however, are the legitimate basis of legislation and include mechanisms to control structural, electoral, territorial, family and penalty laws. According to the Federal Constitution of México, all citizens are equal before law, have equal rights and are to follow the same laws. Usos y costumbres as a customary law concept will not be able to grant this fundamental right, as their traditions on which the customary law is based may even vary from pueblo to pueblo, yet alone from state to state. Then again, indigenous people’s rights and their traditions are clearly protected by international conventions and declarations. This raises the question on the limitations of the coexistence of customary and state law, where those many little grey zones of interpretation are, and what obstacles have to be overcome on a daily basis when working with usos y costumbres. This text will be showing what exactly usos y costumbres are, how they were (or not) implemented and where in this process the Mexican state as well as the indigenous authorities were positioned. Furthermore, it will be dealing with the question whether or not fundamental human rights and women’s human rights are in danger with a system based on customs and traditions. Additionally, reviews on media articles will overview the discussions on and around usos y costumbres within the Mexican society.