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Latin America’s Multicultural Movements This page intentionally left blank LATIN AMERICA’S MULTICULTURAL MOVEMENTS THE STRUGGLE BETWEEN COMMUNITARIANISM, AUTONOMY, AND HUMAN RIGHTS Edited by Todd A. Eisenstadt Michael S. Danielson Mois é s Jaime Bail ó n Corres and Carlos Sorroza Polo 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offi ces in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trademark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016 © Oxford University Press 2013 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging-in-Publication Data Latin America’s multicultural movements : the struggle between communitarianism, autonomy, and human rights / edited by Todd A. Eisenstadt [et al.]. p. cm. ISBN 978–0–19–993626–7 (hardcover : alk. paper)—ISBN 978–0–19–993628–1 (pbk. : alk. paper) 1. Social movements—Latin America. 2. Multiculturalism—Political aspects—Latin America. 3. Communitarianism—Latin America. 4. Human rights—Latin America. I. Eisenstadt, Todd A. HN110.5.A8L399 2013 323.098—dc23 2012018573 ISBN 978–0–19–993626–7 ISBN 978–0–19–993628–1 9 8 7 6 5 4 3 2 1 Printed in the United States of America on acid-free paper Contents vii Acknowledgments ix Editors xi Contributors Part One Multicultural Rights Recognition in Theory and in Practice 3 Introduction: Reconciling Liberal Pluralism and Group Rights: A Comparative Perspective on Oaxaca, Mexico’s, Experiment in Multiculturalism Todd A. Eisenstadt 18 1. Ambivalent Multiculturalisms: Perversity, Futility, and Jeopardy in Latin America Jos é Antonio Lucero 40 2. Constitutional Multiculturalism in Chiapas: Hollow Reforms That Nullify Autonomy Rights Araceli Burguete Cal y Mayor (translated by Andrew McKelvey) Part Two Multicultural and Autonomy Movements in the Andes 67 3. Uses of Autonomy: The Evolution of Multicultural Discourse in Bolivian Politics Erik Cooke 88 4. Bolivia’s New Multicultural Constitution: The 2009 Constitution in Historical and Comparative Perspective Miguel Centellas 111 5. The Backlash against Indigenous Rights in Ecuador’s Citizen’s Revolution Carmen Martínez Novo Part Three Multicultural and Autonomy Movements in Oaxaca, Mexico 135 6. What We Need Are New Customs: Multiculturality, Autonomy, and Citizenship in Mexico and the Lessons of Oaxaca V í ctor Leonel Juan Mart í nez (translated by Michael S. Danielson) vi 169 7. Political Subsystems in Oaxaca’s Usos y Costumbres Municipalities: s A Typology Based on the Civil-Religious Service Background of nt e Mayors nt o Carlos Sorroza Polo and Michael S. Danielson (translated by Andrew McKelvy) C 192 8. Community Strength and Customary Law: Explaining Migrant Participation in Indigenous Oaxaca Michael S. Danielson Part Four The State and Multicultural Rights: Enabler or Menace? 217 9. Multicultural Reforms for Mexico’s “Tranquil” Indians in Yucat á n Shannan Mattiace 246 Co nclusion: Balancing Tensions between Communitarian and Individual Rights and the Challenges They Present for Multicultural States Willibald Sonnleitner and Todd A. Eisenstadt 271 Index Acknowledgments We have incurred many debts in writing and editing this book, and wish to at least acknowledge the most obvious ones here. Jennifer Yelle ably commented, proofread, and helped translate several of the chapters for this volume. José V. Casanova, Seda Demiralp, Sarah Fischer, Cipriano Flores Cruz, Prerna Singh, and Christopher Soper also presented papers at the 2009 American University conference, Reconciling Liberal Pluralism and Group Rights: Oaxaca, Mexico’s Multicultural Experiment in Comparative Perspective, which helped launch this volume. Emilie E. Joly, Saul Newman, Diane Singerman, and Miguel Centellas (also a contributor) commented on papers at that conference, and Jenna Bramble helped organize it. Andrew McKelvy translated several chapters, and Nicole Siegel helped immensely in communications with chapter authors regarding a range of issues as the book was taking form. Data on Oaxaca, Mexico, customary law municipalities was collected with the assistance of Cipriano Flores Cruz and María de los Ángeles Morales, and the database was constructed by Martina Reyes Rámirez. Special thanks also go to Shannan Mattiace and Tony Lucero, for their comments on several chapters. O ther colleagues who have been extremely generous in reading, comment- ing, and otherwise encouraging this work include Diego Ayo, Max Cameron, Roderic Camp, Matthew Cleary, Federico Estévez, Marco Estrada Saavedra, David FitzGerald, Manuel Garza, Jorge Hernández-Diaz, Jonathan Hiskey, Eric Hershberg, Maria Inclán, Rene Kuppe, Jason Lakin, Ruth Lane, William LeoGrande, Carl LeVan, Soledad Loaeza, Raúl Madrid, Lourdes Morales, David Recondo, Viridiana Rios, Guillermo Trejo, the late Donna Lee Van Cott, Miguel Angel Vásquez de la Rosa, Gloria Zafra, and several anonymous reviewers. Angela Chnapko at Oxford University Press has been an outstanding editor, guiding the project capably from start to fi nish. We thank project manager Maureen Cirnitski of Newgen, and copy editor extraordinaire Karen Fisher. We thank Manny Sanchez and Jennifer Sisane for their patience and good humor in administering the U.S. Agency for International Development (USAID) and Higher Education in Development (HED) grant that funded the project. B ailón Córres, Danielson, Eisenstadt, and Sorroza ran a successful USAID-HED project in Oaxaca, which, in addition to the provision of fellowships, training, and research, allowed us to learn a lot in a limited period of time. Our colleagues at UABJO, including Manuel Garza and Víctor Leonel Juan Martínez and coeditors Bailón Corres and Sorroza Polo, were exemplary partners from the moment we viii commenced the project, even when codirector Bailón Corres’s UABJO offi ce was inaccessible because of the 2006 teachers’ protest in Oaxaca. Katya Salazar and her s nt colleagues at the Due Process of Law Foundation also made invaluable contribu- e m tions to the success of the project and this volume. In the summer of 2010, several g d e researchers at the Latin American Faculty for the Social Sciences received Eisenstadt wl o in Quito, Ecuador, helping him broaden his comparative horizons to encompass n ck Andean cases also, at just the right moment. Thanks in particular to Eduardo A Kingman, Santiago Basabe, Fernando García, Mark Thurber, Luis Verdesoto, and Werner Vásquez. This perspective was opened even wider at the University of Nairobi in the summer of 2011, where Eisenstadt learned about African cases with the support of several scholars including Karuti Kanyaga and Carl LeVan. At American University, former School of Public Affairs dean William LeoGrande and associate deans Meg Weekes and Gamze Zeytinci supported this project with faculty improvement grants, as did dean of academic affairs Phyllis Peres and vice provost for research Jonathan Tubman. Rachel Pentlarge of the American University Offi ce of Sponsored Programs provided much-needed administrative support, always coupled with her unique charm and a genuine interest in the subject matter of the project. Director Eric Hershberg of the Center for Latin American and Latino Studies offered encouragement and contacts hemisphere-wide that helped enhance our comparative perspective. Finally, Eisenstadt thanks his wife, Mireya Solis, and his daughters Natalia and Paola Eisenstadt, who help him keep perspective. Gazing into Mireya’s deep eyes, hearing Natalia’s keen and caustic wit and observations, and experiencing Paola’s still-innocent smiles and constant but smart questions are what make it all worth- while. Danielson thanks his parents, Steve and Gwen Danielson, for instilling in him a love of ideas and providing him with the opportunity to pursue them, and his wife, Erica Williams, whose good humor, moral conviction, and razor-sharp intel- lect (and editing pen) help to make him a better scholar and person. Todd A. Eisenstadt and Michael S. Danielson Washington, DC, April 2012 Editors Todd A. Eisenstadt is professor and former chair of the Government Department at American University. He is author of P olitics, Identity and Mexico’s Indigenous Rights Movements (Cambridge University Press, 2011), which received the 2012 Van Cott Prize from the Latin American Studies Association for best book in the Latin American Political Institutions category. With Moisé s Jaime Bailó n Corres and Michael S. Danielson, he served as principal researcher under the U.S. Agency for International Development (USAID) Higher Education and Development Program grant “Uniting Law and Society in Oaxaca, Mexico: A Research and Teaching Program,” which provided for the conference leading to this book. He is also the author of Courting Democracy in Mexico: Party Strategies and Electoral Institutions (Cambridge University Press, 2004), and has published articles in journals includ- ingDemocratization, Party Politics , and the Latin American Research Review as well as in Comparative Political Studies and Latin American Politics and Society , where he serves on the editorial boards. His research has been funded by the Ford and Mellon foundations, USAID, the Fulbright Commission, and the National Security Education Program, and he has been a visiting scholar at Harvard University, El Colegio de M é xico, and the University of California, San Diego. A former print journalist (award-winning night police-beat reporter for the N ashville Tennessean ) and Capitol Hill staffer, he has consulted on issues of representation and inclusion for USAID and the Organization of American States. Eisenstadt’s 1998 doctorate in political science is from the University of California, San Diego. Michael S. Danielson is a comparative politics PhD candidate at American University. He is author of “Walking Together, but in Which Direction? Gender Discrimination and Multicultural Practices in Oaxaca, Mexico” (with Todd A. Eisenstadt, P olitics and Gender, 2009), “All Immigration Politics Is Local: The Day Labor Ordinance in Vista, California,” in Monica W. Varsanyi, ed., Taking Local Control: Immigration Policy Activism in U.S. Cities and States (Stanford University Press, 2010), and “Uruguay and Paraguay: An Arduous Transition,” with Diego Abente Brun in Jan Knippers Black, ed., Latin America: Its Problems and Its Promise (Westview Press, 2011). Danielson’s dissertation, “Politics at Home Abroad: Mexican Migrants as Transnational Actors in Their Home Towns” has been sup- ported by Fulbright, Gill Family Foundation, and National Science Foundation awards and by the School of Public Affairs at American University. He holds an MA

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