The prohibition against discrimination is a preemptive norm in international law.
June 25, 2020
The genocidal racists regimes of colonization, which in Mexico alone resulted in the demise of twenty-five million Indigenous Mexican Peoples within one hundred years of the European invasion of Anahuac initiated on October 12, 1492 are still in effect today not only across Mexican society, but throughout the continent. One of most insidious aspects of the aftermath of centuries of institutionalized racism and genocide in Mexico has been the internalization of racist social constructs that place a hierarchy of social value on the “pure” blood lines of the Hispanic and Anglo “whites” in discrimination against the Indigenous and Afro-Mexicano pueblos and communities.
An outcome of these policies and practices has been the denial of indigenous cultural identity in favor of the “Hispanic” or “Latino” denominations that are derivatives of the assimilation policies of the Criollo States (Hispanic settler state) in a context of national ethnic minorities, and not self-determined Indigenous Pueblos.
The historical record on this issue is unequivocal. The United Nations Permanent Forum on Indigenous Issues presented a formal report on the Impact of the Doctrine of Discovery in 2010, calling for the repudiation of the “nefarious” doctrine among the member states of the UN system. As precedent and predicate to this report, in affirmation of the inherent right of all Indigenous Peoples to self-determination, the Original Nations of Indigenous Peoples of Abya Yala proclaimed on the floor of the UN General Assembly on May 18, 2006:
“That the Papal Bull Inter Caetera (1493) of Pope Alexander
VI is hereby ANNULLED, as well as whatever Doctrine of Discovery proceeding
from which that pretends to deform the relationship of Harmony, Justice, and
Peace of we the Indigenous Peoples of Humanity in its entirety.”
The international border between the US and Mexico separates the domestic states of Texas and Coahuila-Chihuahua on either side, respectfully. The international border between the US and Mexico which was formalized by the Treaty of Guadalupe Hidalgo (1848), modified by the Treaty of la Mesilla (Gadsden Purchase 1853) and then again in 1963 with the Chamizal Treaty is not a legitimate border of international political or community cultural significance for the still surviving Original Nations of Indigenous Peoples of Anahuac, Abya Yala.
Clarification: As Indigenous Peoples exercising the right of Cultural Self Determination, and demanding the freedom from discrimination, we are also now called to respectfully reaffirm that we deny consent and we shall not comply with the colonizers conceptions of domesticated constituencies of ethnic groups now being denominated as either “Hispanic” or “Latino” in the US political discourse. The origins of the name “Hispanic” begins with the Celtic Iberians, and became officialized as a provincial constituency (Hispania) under the Roman Empire, similar to Africa Proconsularis. Although the category of “Mexican” was once used in the 1930 US census as denominator, in 1980 the substitution of “Hispanic” was introduced. The terms “Latino” and “Latin America” were made first made public in Paris, France in 1856, and later served as context of rationalization for the French project of Empire in the Americas which began with the invasion of Mexico in 1862.
While we fully respect the right of self-identification and
self-determination of all peoples and communities without exception or
discrimination, this reduction from the international legal standard of being
recognized as “Indigenous Peoples, equal to all other peoples…” is tantamount
to the same technique of reductions that our ancestral peoples endured under
the Spanish Empire, when we were violently forced onto the enconmiendas,
haciendas, mines, and plantations of the Spanish colonizers to work as peons
for hundreds of years, and our original indigenous identities were stripped
away from us for being uncivilized attributes of “savagery”.
Denouncing the imposition of the Discovery Doctrine of 1492 as the legaloid basis which the Mexican state claims in order to usurp and violate our territories without moral or legal justification, embodied in the concept of Original Property of the Nation which was instituted nationally with the Constitution of Mexico 1917;
We repudiate and reject this racist, discriminatory and feudal policy that the current Mexican state continues to normalize in a predatory and oppressive way against our collective rights as Original Peoples of Anáhuac, particularly in the cases of megadevelopment projects;
We reaffirm and proclaim here our IN ĪNEMATIYĀ ĀNĀHUAC, our feelings and reason as Original Peoples of Anahuac, Indigenous Peoples equal in right to all other peoples of the world;
We make the call throughout the breadth and depth of Anahuac to realize the termination and formal repeal in the political scheme of the Mexican state of the nefarious Doctrine of Discovery and the legaloid concept of Original Property of the Nation, as a dehumanizing and genocidal instrument that continues to normalize the dispossession and annihilation of our Indigenous Peoples,
We proclaim the date of August 13, 2021 as the date of a
definitive resolution and in the spirit of Self Determination as Original
Nations of Indigenous Peoples of Anáhuac, we will take the necessary actions to
realize justice for our Indigenous Peoples, with the purpose of not allowing
the passing of yet another 500 more years of the destruction of our Sacred Mother
Original Nations in Defense of the Territorial Integrity of Mother Earth