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4 Notre Dame J. Int'l & Comp. L. 19 (2013-2014)
Multiculturalism and Constitutionalism in Latin America

handle is hein.journals/ndjicl4 and id is 25 raw text is: Multiculturalism and Constitutionalism in Latin America Jose Antonio Aguilar Riverat I The Poverty of Multiculturalism.............. . . . . .. 20 II The Presence of the Past...... .. .. .. ...... . . . .. 24 III The Sirens of Multiculturalism............ . . . . . . . . . 31 IV Conclusion. ................... . . . . . . . . . .. 43 Abstract Jos6 Antonio Aguilar Rivera discusses recent reforms to the constitutions of several Latin American states. According to Aguilar Rivera, these reforms tend to recognize and protect the multiethnic and multicultural nature of Latin American socieites. While acknowledging that some have lauded these changes as progressive moves towards a more developed form of democ- racy, Aguilar Rivera reaches the opposite conclusion. He argues that these trends in Latin American constitutionalism represent an authoritarian re- gression rather than an enhancement of democracy. Aguilar Rivera begins by discussing and critiquing prevalent Western theories of multiculturalism, particularly the versions set forth by Canadian theorists Charles Taylor, Will Kymlicka, and James Tully. He then proceeds to contextualize the discus- sion of multiculturalism within the framework of Latin American consti- tutionalism, providing an overview of the history of constitutional devel- opment in Latin America. Following this contextualization is a discussion and a criticism of recent Latin American constitutional reforms aimed at protecting minority cultures. Drawing on examples from Colombia, where courts, wishing to respect the autonomy of indigenous communities, have permitted those communities to practice forms of criminal adjudication and punishment that Aguilar Rivera views as inimical to the values of a liberal democracy. Ultimately, Aguilar Rivera determines the efforts to protect mul- ticulturalism in Latin America to be a toxic cocktail of cultural relativism and accommodation. t Professor and researcher in political science, Centro de Investigaci6n y Docencia Economica (CIDE). Fellow of the Kellogg Institute for International Studies at the University of Notre Dame for the 2012-2013 academic year. PhD, University of Chicago. Researcher on electoral processes and voter behavior, liberalism, multiculturalism, and republicanism. 19

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