Abstract

This article offers a critical look at how in Latin America the normative orders of indigenous peoples are excluded when resolving situations that concern them and essentially involve a conflict of laws. It is sustained that this goes against rights recognized to these peoples by the human rights system. This has occurred in cases related to the restitution of cultural property of indigenous origin, for example, in the case of the Quimbaya Collection, which was resolved by the Constitutional Court of Colombia. As the article will discuss, although the neocolonialism that is present in Latin American private international law has contributed to the exclusion of the normative orders of indigenous peoples in this context, this legal field offers some tools that address diversity and otherness and that, therefore, can serve the need for the inclusion of such normative orders to resolve cases of this type.

摘要

本文批判性地审视了在拉丁美洲，在解决与土著人民有关且本质上涉及法律冲突的情况时，土著人民的规范秩序是如何被排除在外的。事实证明，这违背了人权体系承认这些人民的权利。这发生在与归还土著文化财产有关的案件中，例如，哥伦比亚宪法法院解决了 Quimbaya 藏品案。正如本文将讨论的那样，尽管拉丁美洲国际私法中存在的新殖民主义导致在这种情况下排除土著人民的规范秩序，但该法律领域提供了一些解决多样性和差异性的工具，因此，