By contrast, the 1985 Guatemalan Constitution was drafted in a constituent assembly that was largely orchestrated by the outgoing military regime. The constituent assembly, which included a number of sectors previously excluded from energy, raised expectations that the Constitution can be successfully enforced and new rights guaranteed in apply. The 1991 Colombian Constitution includes not only individual civil and political rights but in addition collective social and economic rights. Although it did produce articles recognizing indigenous cultural rights, there was little room set aside for the representation of social actions or indigenous groups in the drafting proces
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The enlarged authorized recognition of indigenous autonomy has occurred simultaneously the implementation of financial policies selling free trade and accelerated natural resource exploitation—policies that have an result on indigenous communities negatively and disproportionately. This combination of factors has meant that indigenous movements increasingly more have called on the judiciary in protection of their collective rights, albeit typically with limited tangible result In Latin America, indigenous peoples constitute a marginalized group that is using the courts, increasingly, as one means by which to pursue and defend its rights. In half, this is a result of the juridification of its collective rights by way of processes of constitutional reform across the area in the course of the Eighties and 1990s. It can be a consequence of the very limited advances which were made thus far in guaranteeing these rights in follow.
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