Recovering the “Afro” in “New” Constitutionalism: An Overlooked Presence in Latin America

Abstract The study proposes to restore visibility to a frequently overlooked dimension of Latin American constitutionalism: the Afro-descendant component. It aims to highlight the impact of this dimension in constitutional texts and warn against the risks of normative assimilation, especially in relation to legal models designed for indigenous peoples. The study begins with a short review of the so-called “new” Latin American constitutionalism and its “Andean” component—the one most higlighted by scholars (and critics). Then, it focuses on the Afro-descendant perspective, identifying it as a relevant element of constitutional developments in the region. From a comparative perspective, two trends are identified: one deriving the protection of Afro-descendant communities from that of indigenous peoples, and another entailing an autonomous and differential recognition. The implications of the latter model in terms of territorial rights are examined, taking the Colombian case, in particular, as a reference. The study concludes with some comparative remarks on the place of the Afro-descendant of constitutionalism in the Latin American landscape and its relationship with the Andean and European perspectives.