Bibliographic citations
Rojas, A., Apaza, Y. (2022). El condicionante cultural en el proceso de elección de las directivas comunales y la acefalía en la representación de las comunidades campesinas [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5337
Rojas, A., Apaza, Y. El condicionante cultural en el proceso de elección de las directivas comunales y la acefalía en la representación de las comunidades campesinas []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5337
@misc{renati/959827,
title = "El condicionante cultural en el proceso de elección de las directivas comunales y la acefalía en la representación de las comunidades campesinas",
author = "Apaza Llanqui, Yenifer Lucero",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The present investigation entitled: "The cultural conditioning in the process of electing the communal directives and the acephaly in the representation of the peasant communities". Its main objective was to know how much the cultural conditioning influences the process of electing the communal directives of the peasant communities. Manifestly, the Peasant Communities have international recognition through Convention 169 of the International Labor Organization (ILO), which commits the States that are part of it to respect their customs. In Peru, peasant communities are legal entities made up of families that share the same ancestral, cultural, social, territorial and economic bond, whose organization is democratic and autonomous, they have legal existence and legal status under Art. 89 of the Political Constitution of Peru, they also have a special regulation through Law No. 24656-General Law of Peasant Communities, regulated by Supreme Decree No. 008- 91-TR. Apurímac is one of the regions with the most peasant communities at the national level, where 97.1% declared they belonged to an indigenous or native people, according to a survey carried out by the INEI in 2017. Every two years the renewal of the the communal directive, to maintain its personality and legal capacity. However, it has been observed that many of these communities, whose registration corresponds to the Registry Office of Abancay of Registry Zone No. X, have difficulties in the procedure for electing and registering their community board; these difficulties are caused by legal, social and especially cultural factors, which affect the election act, in that understanding before the request for registration of the elected directive in Public Registries, the registration procedure could conclude in registration of the title, notice of observation or esquela de tacha, if the second qualification is given, it means that the title presented has to be corrected, delaying the time in which the community is left without legal representation, and if the thi rd qualification is given, the legal certainty that the registration guarantees cannot be achieved. , which the peasant community needs to act in legal and economic traffic, because being the crossed out title prolongs the state of acephaly of legal representation, extending the negative effects that this generates. This research had as a central hypothesis that: The cultural condition moderately influences the process of electing the communal directives of the peasant communities. For its corroboration, instruments were used such as interviews with those directly involved in the election and registration procedure, that is, directors of the peasant communities and public registrars of the Abancay Registry Office; Likewise, surveys were carried out directed at the registrars of the aforementioned office; On the other hand, an analysis was made of the obituary notices for the period 2021. The same that allowed us to confirm the hypothesis raised, having as a result of the study that the cultural conditioning of the peasant communities moderately influences the process of electing their directors, since in this electoral act some communities apply their uses and customs. In this sense, it is proposed that the regulation of peasant communities should be based on and respect for their customary law.
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