The Recognition of Indigenous Peoples in Comparative Perspective: An Analysis of National Constitutions

This Paper examines how the constitutional and legal status of indigenous peoples within national constitutions reflects upon the problem of defining the people, i.e. the author analyze who the people constituting the ultimate source of the constitutional order refers to when there are two (or more) “peoples” claiming recognition within the same jurisdictional territory. Are indigenous groups recognized as peoples with a right to self-determination within national constitutions, and – if so – in what way? In order to answer these questions the first step is to study the extent of recognition as indigenous peoples in the first place: which peoples are “qualified” or recognized as indigenous/tribal on a national and international level? In the second step, the authors turn to national constitutions and analyze if indigenous peoples are recognized within the constitutions, and if they are; in what way (in general terms as being indigenous, by naming a specific people or peoples, or both generally and by name of the people)?