Legal Pluralism in Argentina

A Narrative of an Absence

Abstract

n Argentina, contrary to much of Latin America, legal pluralism is only a debate that takes place in academic spaces, with a significant absence in judicial spheres. Although both ILO Convention No. 169 and the UN and OAS declarations on indigenous peoples are in force, the lack of an express constitutional recognition of the right to administer indigenous justice in communities leads to a common and widespread reaction of reluctance, ignorance, and unawareness among justice operators. In this context, while there are some known "glimpses" (it is assumed that there are many more that are undocumented) of the exercise of indigenous rights (which constitutes what is known as legal pluralism), these still have no impact on legislation or jurisprudence. Furthermore, indigenous communities do not primarily claim the violation of this right, as their current priorities are the reclamation of their territorial rights and the management of natural common goods, along with the right to prior, free, and informed consultation and consent.