Beyond Borders: The Legal Treatment of Indigenous Peoplesin Colombia, Peru, and Brazil, as Illustrated by the Caseof the Tikuna People

Abstract

The Tikuna community, one of the largest Indigenous peoples in the Amazon Basin, has traditionally inhabited territories now divided among three nation-states: Colombia, Peru, and Brazil. This transboundary existence challenges the rigidity of political borders and reveals tensions between national legal frameworks and Indigenous collective rights, particularly regarding territorial claims, autonomy, and cultural recognition. This research aims to analyze and compare the constitutional, legal, and jurisprudential frameworks governing Indigenous rights in these three countries, using the Tikuna people as a reference case. A qualitative socio-legal methodology was employed, combining legal analysis, document review, and interviews with key actors. The study identifies both progress and limitations in the recognition of collective rights, the implementation of prior consultation, and the protection of Indigenous territories. Despite formal advances, there remains a significant gap between legal recognition and actual enforcement of rights. The research concludes that coordinated transboundary governance and intercultural legal protection mechanisms are urgently needed—ones that acknowledge the integrated nature of ancestral territory and the internal legal systems of Indigenous peoples like the Tikuna.