Abstract
Almost all Latin American Constitutions safeguard Indigenous Peoples and their rights. In addition to these provisions, a number of Latin American States have adopted domestic legislations either aimed at implementing constitutional norms or, in their absence, providing Indigenous Peoples with a minimum protection of their rights. Many countries also have established national commissions and tasked them with primary implementation powers on matters involving Indigenous interests. Notwithstanding these extensive constitutional and domestic provisions, their application remains uncertain and far from being guaranteed. In general, a lack of rule of law in many Latin American societies plays a negative role vis-à-vis the protection of Indigenous rights. This gap is partially addressed by the regional, groundbreaking jurisprudence of the Inter-American Court of Human Rights. However, it is rooted in the history and the past and current politics of the region. Hence, this article, in the light of the writings of Josef Marko, offers an overview on how history, politics and law have intertwined in the case of Indigenous Peoples’ rights in Latin America.