Usos y costumbres

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Usos y costumbres, meaning customs and traditions, are the indigenous customary laws used in Hispanic America. Since the Spanish colonial era, local forms of rulership, self-government, and justice have been recognized by authorities, with varying degrees of acceptance. The term is often used in English without translation. These practices govern water rights, handle criminal and civil conflicts, and elect representatives to regional and national bodies in many indigenous communities.

Mexico: Usos y costumbres are widely practiced and officially recognized in Oaxaca (in 417 of 570 municipalities), Sonora, and Chiapas.

Guatemala: Maya communities use community-based justice, often called Maya justice or usos y costumbres.

Bolivia: The 2009 Constitution defines Bolivia as plurinational and recognizes indigenous norms for self-governance and justice. This builds on earlier incorporation of customary law. Indigenous lands called Tierras Comunitarias de Origen (TCOs) are governed by these norms. In eight of nine departments, and in La Paz (where Afro-Bolivians are included), minority groups elect representatives to the Departmental Assembly through customary procedures. Water rights for indigenous communities were recognized after the 2000 Cochabamba Water War via amendments to Law 2029. Some eleven municipalities under the Indigenous-Origin Campesino Autonomy regime may choose to use usos y costumbres for internal governance.

Colombia: The 1991 Constitution recognizes cabildos elected by usos y costumbres as the governing authorities of indigenous reserves (resguardos) and affirms the validity of customary law in these territories.