The Cultural Heritage of Indigenous Peoples in Argentina: Reflections on the Challenges of Its Protection

Abstract

The territory currently occupied by the Argentine State has evidence of occupation going back thousands of years. Since the Spanish colonisation, the peoples who inhabited it have been decimated and their culture has been hidden. In recent decades, however, the demands for the recognition of their rights and the laws passed as a result have shown the richness and cultural diversity of the country. The aim of this paper is to describe, through a socio-legal analysis, the current ecosystem of legal protection of the cultural heritage of the indigenous peoples of the present territory of Argentina. To this end, a brief historical review of the occupation of the territory by indigenous peoples is presented. This is followed by a description of the current ecosystem of legal protection, including cultural heritage laws and other norms dedicated to the recognition of the rights of indigenous peoples. The inconsistencies and gaps in the system are highlighted, as well as the areas in which indigenous peoples' participation has been part of the recognition of their cultural heritage.