Indigenous peoples and the right to go and to come : towards an intercultural conception of human rights.

This article aims to investigate the right to come and go in the light of the principle of the ancestrality of territory, a consequence of the practice of spatial mobility across borders by indigenous peoples. The question posed is how the right to come and go, which translates into free mobility, can be guaranteed in its cultural and legal dimension, in order to ensure the cross-border movement and autonomy of these peoples. In this sense, the analysis of indigenous mobility in the context of the formation of national borders and the exclusion of native peoples and their own legal perspectives leads to a panorama of legal insecurity that has impacted the way of life and dignity of native peoples. From the research it is concluded that the conception and legal effectiveness of human rights has to take into account different perceptions of reality, so as to contemplate cultural practices that already existed before the political division of national borders, making it possible for the theme to be expanded on the analysis of the effectiveness of international treaties and conventions in favor of indigenous peoples. Through the deductive method and the bibliographic, documentary and anthropological analysis, the article will seek to reach the desired result.

• Fecha de publicación: 2021
• Institución: Universidad Pedagógica y Tecnológica de Colombia
• Repositorio: RiUPTC: Repositorio Institucional UPTC
• Idioma: spa
• OAI Identifier: oai:repositorio.uptc.edu.co:001/15831
• Acceso en línea: https://revistas.uptc.edu.co/index.php/derecho_realidad/article/view/11639; https://repositorio.uptc.edu.co/handle/001/15831
• Palabra clave: Intercultural dialogue; Indigenous peoples; Territorial mobility; National borders; Diálogo intercultural; Pueblos indígenas; Movilidad territorial; Fronteras nacionales
• License: http://creativecommons.org/licenses/by-nc-sa/4.0