Summary of Martes 29 de noviembre, 2022. Diplomado "La Suprema Corte y los Derechos Humanos", 2022. Módulo XIV.

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00:00:00 - 01:00:00

This video explores the concept of "interculturalism" and its implications for human rights. It discusses the idea that this concept can help to promote cultural exchange and understanding, while also acknowledging the presence of different cultures within a single territory. It also briefly discusses the "perspective intercultural," which has been defined by the Supreme Court in a case involving Indigenous people's rights.

  • 00:00:00 Today's speaker at Casa de la Cultura Jurídica, Javier Meléndez López Velarde, is a barrister with more than 10 years of experience in human rights law. He will be discussing Afrodescendent Rights in the context of the 2022 Supreme Court and Human Rights Diplomado course. Javier is also a post-graduate researcher at the National Autonomous University of Mexico, and has taught human rights law at the university level.
  • 00:05:00 This video discusses the topic of human rights and the role of the Supreme Court in promoting these rights. The presenter, a lawyer, discusses the current protocol of the Supreme Court related to the rights of people of African descent, and how it differs from other protocols the Court has issued. He also discusses the various identifications of African descent, and the theoretical basics of race and ethnicity. He then goes on to discuss discrimination based on race and ethnicity, as well as structural discrimination. He concludes the video by discussing a few cases related to human rights of people of African descent.
  • 00:10:00 This 1-paragraph summary explains the video's main point: African-Americans in Mexico have a long and complex history, which is often ignored or forgotten. There was a huge movement of people from Africa to Mexico during the slave trade, and these people have had a significant impact on Mexican culture today.
  • 00:15:00 This video discusses the Mexican government's official policy of "mestizaje," or the idea of creating a unified Mexican nation made up of people of mixed races. The video discusses the origins of this policy and how it has been used to justify racism and discrimination against people of African, Native American, and indigenous descent. The video also discusses the implementation of this policy during the time of the Mexican Revolution and its effects up to the present day.
  • 00:20:00 This video discusses the need for Mexico to recognize the rights of people of African descent, and the progress that has been made in this regard. It talks about two initiatives that were recently submitted to the Mexican Congress in order to achieve this goal: a constitutional amendment that would add a section recognizing the rights of Afro-Mexicans, and the implementation of legislation specific to Afro-Mexicans, such as carochas (mixed-race people) being classified as black.
  • 00:25:00 The video discusses the concept of "afrodescendance," or the descent of one's ancestors from black African populations who were victims of slavery. Afrodescendance is a category of identity that seeks to resist discrimination and identify oneself as a group of people with equal rights. It is important to note that afrodescendence is not limited to descendants of slaveholders, and that it has various cultural, economic, and political contributions from ancestral black African populations. The video also mentions that the use of the term "black" to describe people of African descent has colonial roots, and that it is used to differentiate them from white people in a discriminatory way. This has had an impact on the relationships of black people to power, and has contributed to the development of negative attitudes about black people in the past.
  • 00:30:00 This term refers to different places around the world, where it can provoke certain reactions as certain groups try to avoid using the term "black" in order to avoid implying a racial boundary that transcends language. However, this linguistic distancing has been also subject to a re-appropriation as part of an identity positioning of the same communities, which implies that the blackness has also transformed into an instrument of re-asserting its own objectives, so that the concept of black changed its meaning when the very people being referred to took ownership of it and began associating it with certain populations, just like afrodescendency with populations bearing a particular history of colonialization and racism, but also with a rich indigenous culture originating from Africa. This seeks to reject stereotypical views related to the category and the people self-identify as such, seeking to construct, in a sense, a new narrative. Thus, even I am leaving here clear that the claim of this category of "blackness" of the black community can be an act of resistance, for some people, while for others it might be painful with constant remembrance of the difference in social relationships and inequality in life, so that its use will be convenient where it is actually the population itself that uses it. Now
  • 00:35:00 This video discusses the importance of understanding the social construction of race and ethnicity, and the power that these constructs have in shaping the way that people view themselves and others. It discusses the ways that race and ethnicity are constructed socially, and highlights the importance of autodenominations – self-designated racial and ethnic identities – in the Latin American context. It also discusses the role that cultural identities play in social categorization, and how the prevalence of these ideologies often masks the presence of racism and discrimination against certain groups.
  • 00:40:00 In this video, a diplomate discusses the concept of "admitividad" and how it relates to racism. He explains that although there is no objective way to measure race, racism does exist in practice, based on social constructs about what races are "supposed" to be like. This creates conditions that allow for discrimination and abuse to take place. The speaker also discusses other ideas or stereotypes that are commonly held in Mexico, such as the idea that all foreigners are sexually promiscuous, that black people are "violent", and that people from rural areas are "exotic". He points out that these stereotypes are difficult to challenge, because they are embedded throughout society and institutionalized through government institutions. This leads to racism being a deeply-rooted ideology that is difficult to break.
  • 00:45:00 This video discusses the importance of re-starting conversations about human rights, especially as it pertains to the role of the judicial system. Racism is often justified with phrases like "those people are just naturally different," and this ideology often leads to different treatment based on someone's appearance, which in turn creates an incorrect, unequal idea of subordination based on biological factors. These ideas, which are based on someone's identity, have a direct impact on their rights. Finally, these expressions are manifested in social institutions such as the family or the government, which privilege certain groups of people over others. Finally, I would like to mention that racism also manifests itself in the form of stereotypes, which we have already mentioned. These ideas lead to discrimination, segregation, and exclusion of people of Afro-Mexican descent. It is important to recognize the realities that people of Afro-Mexican descent live in, in order to contextualize the structural inequality that they face every day. Here are some data that you can see on the screen: over two million people in Mexico identify as Afro-Mexican, which is around 50% of the population. This population is concentrated in a few states, among which are Guerrero, Oaxaca, Jalisco, and Mexico
  • 00:50:00 The video discusses the concept of multiculturalism and its various definitions, focusing on Mexican Americans and Afro-Americans. It explains that while multiculturalism generally refers to the presence of different cultures within a certain territory, it does not necessarily involve interaction or exchange. It also mentions the concept of interculturalism, which is more specifically about the exchange of ideas and cultures between different groups. Finally, the video summarizes the importance of recognizing the historical and socioeconomic context in which Mexican Americans and Afro-Americans find themselves, which can help to better understand the disparities and disadvantages that they face.
  • 00:55:00 This video discusses the concept of "interculturalism" and its implications for the rights of people from different cultures. It explores the two main criticisms of this concept: that it approaches relativism, and that it promotes cultural separatism. It also discusses the concept of "pluriculturalism," which designates the simultaneous presence of two or more cultures in a territorial space. The video then moves on to discuss the "perspective intercultural," which has been defined by the Supreme Court in a case involving Indigenous people's rights. I will only be able to briefly mention this concept here, as I would like to focus on the main topic of this essay. According to the video, "interculturalism" refers to the idea of recognizing the limited, but still present, coexistence of different cultures within a single territory. It serves as a foundation for states to adopt measures that involve and materialize the special circumstances of Indigenous people. This concept, in turn, creates an obligation on the part of the state to provide them with effective protection.

01:00:00 - 02:00:00

The video discusses the importance of recognizing the rights of Afro-Mexican and Afro-American communities in Mexico. It explains that discrimination cases filed with the Inter-American Commission on Human Rights (IACHR) are typically those that involve communities of color in Mexico. The presenter notes that there have been no such cases involving Afro-Mexican or Afro-American communities in Mexico that have made it to the IACHR, and that the lack of recognition of these communities' rights is one of the reasons why it has been difficult to achieve legal recognition of their rights.

  • 01:00:00 This video provides a legal perspective on how the Supreme Court will treat human rights issues related to indigenous people. It discusses the concept of interculturalism, which will be used to identify the demand for rights and the conditions that prevent these rights from being realized in judicial proceedings. Finally, it discusses the importance of including the cultural perspective in all judicial proceedings involving people of African descent, indigenous people, and other marginalized groups.
  • 01:05:00 In 2022, a Diplomado in "La Suprema Corte y los Derechos Humanos" was given. This module discusses the development of constitutional rights for indigenous people in Mexico. It covers the Constitution's article 2, which recognizes the rights of indigenous people, and references the jurisprudence on indigenous rights. This doesn't mean that all indigenous rights are the same, but that each community has its own cultural characteristics that need to be taken into account when interpreting or applying their rights. In addition, the court acknowledged that having specific characteristics and issues that are specific to Afro-Mexicans creates a need for judicial discretion when adjudicating their rights. This topic emerged from an objection to certain modifications to the law in Guerrero, and the court used this as a basis for the consulta previa. Beyond developing specific criteria, I wanted to mention that the importance of this topic is that the Supreme Court declared that there must be compliance with article 2, paragraph c of the Mexican Constitution, for state legislative authorities to implement a free and informed consultation. Beyond that, the court recognized that Afro-American populations continue to experience structural discrimination and high levels of social marginalization. Lastly, the Supreme Court ruled in 2018's 81 diagonal case that it is
  • 01:10:00 The video discusses the 2018 case of 81 diagonal, in which the Mexican Supreme Court recognized the rights of indigenous and African American communities to consult with each other. The video also discusses the 2012 case of Diplomado "La Suprema Corte y los Derechos Humanos", in which the Mexican Supreme Court recognized the rights of indigenous and African American communities to consult with each other.
  • 01:15:00 The region of unconstitutionality has been held by the court, since it can designate Afro-Latin American people to indigenous communities and this category of identity derives from international human rights law and has been used in that context to recognize and guarantee rights to the Afro-descended population. This recognition and guarantee derives directly from the beginning of the International Convention on the Elimination of All Forms of Racial Discrimination, according to this video's transcript. These two elements - objective and subjective factors - are what constitute tribal identity and are necessary for a group of people to be designated as a tribal first. The objective factors are socioeconomic, cultural, and racial differences that distinguish Afro-Latin Americans from other dominant sectors of the population and that must be governed either partially or wholly by their own norms. The subjective factor is the community's or tribe's recognition of its identity. This recognition is based on a community's self-identity and is an essential element in the self-ascription of "Afro-descended." The Corte Interamericana has returned to this definition and conceptualization of tribal communities, and has given it content through the application of analogous jurisprudence in matters of indigenous peoples. This video provides an overview of the application of the tribe criteria
  • 01:20:00 This video provides an interpretation of the ruling by the Supreme Court in the case of "Salamanca v. Ecuador", in which the Court ruled that Ecuador's Indigenous and Afro-descended populations are "tribals" and, as such, are covered under the UN's Convention on the Rights of the Indigenous Peoples (169). This ruling has generated criticism, as it does not clarify the status of Garífuna, a population that has been undefined for decades. It also applies Ecuador's indigenous and tribal laws to the property of ancestral lands, without taking into account the cultural differences of these populations. This narrow approach Limits the opportunities of these groups and could lead to their abandonment in the face of structural racism. This approach to ethnicity, which focuses on cultural differences instead of structural inequality, is unique to the Supreme Court and must be recognized as such in order to provide justice for these populations.
  • 01:25:00 In this video, a perspective on diversity is given, focusing on the effects of explosions on groups that differ due to their differences in ethnicity and the explosion itself, which is not important to mention. The distinct approach to diversity is different from what happens with, for example, positive or equal action, which are more focused on leveling the playing field. The differentiated approach seeks to value the own differences, and introduce them into the analysis, rather than seeing them as a disadvantage. This approach is relevant to the Costa Rican and Mexican context of Guerrero and Oaxaca, where there are particularities in the use of Spanish and it is different from other ways of speaking it. This is a direct consequence of the community's historical social and cultural isolation from other communities, and the government's obligation to ensure that, in particular, in judicial proceedings, Afro-American and Afrodescendant people can express themselves in their own language, and have access to information in their own language, and have guarantees for exercising their rights in this language. To do this, a principle called "cultural adaptation" is used, which takes into account the differences and specific characteristics of a culture involved in the case, and adapts the rights accordingly. For example, in a judicial decision concerning the rights
  • 01:30:00 This video discusses the issue of human rights and freedoms in conditions of equality and non-discrimination, and finally some relevant cases. Three cases in particular are mentioned: that of indigenous people, the rights of which have been developed in relation to persons of other races, and the case of persons of Dominica and Haitian descent, which involves discrimination based on race and ethnicity as well as gender. The Interamerican Court of Human Rights takes into account the dominant perception of Haitians in República Dominicana, and decides to investigate the use of the term "black" as an insult and to find out if there was a supposed link between people of Haitian descent and ignorance, social exclusion, and criminality. In this case, the Interamerican Court also determined that the obstacles in question were specifically designed to prevent the Dominicans of Haitian descent from registering births or obtaining documents related to their identity. Afro-Americans and people of African descent in Mexico also experience similar discrimination, as do Dominicans of Haitian descent who were deported from República Dominicana. The fact that Mexicans of Haitian descent are subjected to similar situations to those described in the case of Dominicans of Haitian descent expelled from República Dominicana points to the existence of a
  • 01:35:00 The video discusses a recent case in which the Mexican Supreme Court ruled that the country's immigration laws are unconstitutional because they discriminate based on race and ethnicity. The court also ruled that the process of migrating and conducting immigration inspections is unconstitutional because it is arbitrary and biased.
  • 01:40:00 The video discusses the case of José delfín Acosta Martínez, an Afrodescendent activist in Argentina who died after being detained and beaten by police. The court COlegiado considers the constitutionality of these laws, and as a result, no new resolution will be issued on this case. However, from the Supreme Court's standpoint, these laws may seem neutral, but in practice can be applied selectively against those who have historically been affected by racist stereotypes, such as Afrodescendents. Additionally, another case that I would like to mention is the lawsuit filed by Acosta Martínez and others against Argentina in relation to the death of José delfín Acosta Martínez, which occurred while he was in the custody of Argentine officials. Acosta Martínez was an Afrodescendent activist fighting against racial discrimination, and this case was related to his later death. The court considered that his detention and imprisonment were illegal and arbitrary, as well as discriminatory, based on the use of racial stereotypes by police. At the time there was a policy in Argentina not to comply with conventional standards, which is important to remember. The court analyzes the legislation that was in place at the time, and
  • 01:45:00 The video discusses the differences between people of African descent and people of African descent in Mexico, and highlights the importance of training police officers in recognizing and combating discrimination based on race, ethnicity, and national origin. It also mentions that, as of November 29, 2022, Mexico has ratified the Convention against Racism, Racial Discrimination, and Xenophobia, which strengthens the rights of people of African descent.
  • 01:50:00 The video discusses the 2022 graduation of a diplomate in "La Suprema Corte y los Derechos Humanos." It states that, while rights may be activated at an early stage due to certain conditions being met, such as proof of certain situations that will lead to their recognition, rights to land, for example, will not be activated immediately but will require proof of conditions that show a special connection between a certain territory and a person once they have self-identified as an African American and have resided in a certain territory ancestrally. To activate these rights related to this topic, the interviewer also asks if self-identification as an African American depends only on one's skin color or if one's descendant can also self-identify as an African American. The difference between racism and discrimination is discussed, with racism being an ideology based on preconceived notions, and discrimination being the product of fascism. The interviewer reiterates the categories of afrodescendent, afromexicana, and black are forms of self-representation of rights, forms of self-representation of one's contributions to national identity, and important parts of the national fabric. Some cases will be certain populations who do not want to be referred to as black,
  • 01:55:00 The video discusses the importance of recognizing the rights of Afro-Mexican and Afro-American communities in Mexico. It explains that discrimination cases filed with the Inter-American Commission on Human Rights (IACHR) are typically those that involve communities of color in Mexico. The presenter notes that there have been no such cases involving Afro-Mexican or Afro-American communities in Mexico that have made it to the IACHR, and that the lack of recognition of these communities' rights is one of the reasons why it has been difficult to achieve legal recognition of their rights. The presenter encourages students to participate in activism to achieve this recognition.

02:00:00 - 02:00:00

The video is a thank you message from the Casas de la Cultura Jurídica to everyone who participated in the final session of the Diplomado "La Suprema Corte y los Derechos Humanos."

  • 02:00:00 The Casas de la Cultura Jurídica thanked everyone who participated in the final session of the Diplomado "La Suprema Corte y los Derechos Humanos," 2022. Good night.

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