El Sistema Educativo Indígena Propio en la Legislación Colombiana

Abstract

This thesis has as its fundamental axis the SEIP or Own Indigenous Educational System, developing in the first part the social background of indigenous peoples, through the history of the education of these peoples in Latin America observed from the following operational criteria: first, language as an instrument that promotes the educational environment of indigenous peoples, second, the self-perception of belonging as a conception of indigenous peoples and, as a last criterion, the geographical location of indigenous peoples; to analyze the history of ethnoeducation in Colombia. In a second part, the analysis focuses on the normative development of indigenous peoples in Colombia, taking as a starting point the Colombian Political Constitution of 1991, which is divided, based on the normativity before its promulgation and its normative development and the regulations subsequent to the issuance of the Magna Carta. The third part of this thesis is based on the regulation of the teaching career in Colombia from the statutes of the teaching practice of indigenous education and its phenomenology, seeking to investigate social realities. As a fourth part, the ethnoeducational public policies are studied, for which the accountability on indigenous education issued by the Ministry of National Education will be reviewed, also using the collection of data such as census statistics of: recognition, participation, distribution and evolution of Indigenous Peoples, with sources from: UNICEF, ECLAC, UNHCR, Ministry of National Education, National Department of Statistics, National Planning Department, under a qualitative process, which ends in a proposal for a more equitable distribution. Fifth part, the analysis focuses on the issuance and regulation of the Own Indigenous Educational System based on current laws and constitutional jurisprudence that regulates prior consultation as a form of participation of indigenous peoples in the protection of their cultural identity through education, in order to point out the most conducive norm for the issuance of the SEIP, the constitutionality of applying Decree Law 1278 of 2002 to ethno-educational teachers. In a sixth part, some observations are made on the object and scope of the SEIP project. Equality in the Education of Indigenous Peoples, from the seed of life in the pedagogical scope of the SEIP project. Autonomy of Indigenous Peoples, limits and certification of the territories in the SEIP project. Higher Education and creation of Higher Education Institutions in the -SEIP Project. Financing of the Own Indigenous Educational System -SEIP. To end with the conclusions from the critical analysis on the scope and limitations of the SEIP, final recommendations of the researcher, from the legal point of view of public policies, of public policies from the socio-economic point of view.