Assessing Progress on Indigenous Self-Determination Rights: Comparative Insights from Chile, Colombia, and Mexico

Recent advancements have been observed in the global legal framework, particularly in the recognition of Indigenous peoples' rights, among which the right to self-determination stands out. This right encompasses the ability to define their political status and to pursue economic, social, and cultural development autonomously. The Inter-American Commission on Human Rights (IACHR) has identified six criteria to evaluate adherence to these rights. This study aims to assess the progress made by Chile, Colombia, and Mexico in meeting these criteria. Employing a non-experimental, cross-sectional, and exploratory research design, the study utilized a questionnaire based on a Likert scale to gather data from residents of Indigenous communities within the three countries under consideration. Findings suggest that the criterion most adequately met is that of cultural identity and non-discrimination, whereas the criterion pertaining to the right to prior, free, and informed consultation and consent is the least fulfilled. Through principal component analysis, it was noted that Colombia exhibits a higher level of compliance with the right to self-determination, followed by Mexico, with Chile demonstrating a divergence and lagging in progress. The study concludes that a significant challenge for these countries lies in continuing efforts to effectively meet these standards and ensure the right to self-determination for Indigenous and tribal peoples.