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    10 views14 pages

    Jackson Caught in The Crossfire

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    José Miguel Munive Vargas
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    onyms 1 Osky jn Latin American States Autodefensas Campesinas de Colombia y Uraba Asociacin de Empleados Kunas Centro Agrondmico Tropical de Investigacion y to para el Desarrollo Sostenible de Kuna Yala International Development Bank Instituto Panameno de Turismo Movimiento de la Juventud Kuna Bl Proyecto de Estudio para el Manejo de Areas Silvestres de Kuna Yala Partido Revolucionario Democrético United States Agency for International Development In: David Maybury-Lewis The Politics of Ethnicity: Indigenous Peoples in Latin American States David Rockefeller Center Series on 4 Latin American Studies Cambridge: Harvard University Press, 2002 Caught in the Crossfire: Colombia’s Indigenous Peoples during the 1990s Jean Jackson ‘This paper examines the emergence of Colombia's indigenous people 1s a political force, and identifies the effects of the crisis on the nation’s indigenous pueblos. It focuses on the period following, the new Constitution in 1991.1 begin with some general information about Colombia's pueblos, then summarize the discussions during the ituent Assembly (Asamblea Nacio ceforth ANC); next I provide a short overview ot successes and failures with respect to indigenous conc \ous movement, and, discuss the i scribe a spe tion’s indigenous peo Overview of Colombia's Indigenous Communities Colombia's indigenous people form at least 81 distinct pueblos and speak 6 diferent languages. The 1996 national census gives a “ae of (638,606 Indi From to protect the oo rapacious exploitation that they were in danger of disap- (and, with them, a valuable labor source). Indepen ’n and Portugal ushered in an ideology of nation- holic,and patriotic citizenry. St scted at helping to incorporate I ¢ policies of indigent to the general 108 The iy: Indigenous Peoples i Latin American Staes racial mixing and cultural assimilation [see ippeared throughout almost all 1 countries with indigenous populations. In Colombia, indigenous com- indholding came to be seen as especially inimical to the na- tion-building project, and legislation intended to dismantle the res- guardos was promulgated. However, Law 89 of 1890, passed by the conservatives then in power, slowed down the “progressivist”legi trend that had arisen during the 19th century, which aimed at nating tribute-paying and privatizing collective lands. The new legisla tion recognized tus of the resguardo and legalized the indigenous councils, known as cabildos, which governed the commu- It strengthened Indian claims to lands with colonial titles (al in and became the foundation for repossessions during, defined the resguardo as a stitution formed by an in. (ee Ramirez, in American 1§ most of this century the Colombian state left much of the job of governing and civilizing its indigenous population to the ich; for example, a January 1953 Treaty put it in charge of indigenous education, In 1962 the Summer Institute of Linguis- e Bible Translators was permitted to begin placing linguist- missionaries in indigenous communities (see Stoll 1982, 165-197). n of Indigenous Af- Jackson 2002). Needless to say, traditional vested interests continue their attempts to colonize indigenous lands, to promote their version of developme: 09 (see Pineda 1984; Gros 19 1940s, the struggle for land by indigenous communities and 1 digenous peasants was taken up by the. iento Agrarista (Agrarian Movement) in the southern part of the department of Tolima; Marxist evolved into the insurgent groups of the 1980s and 1990s. In 1970, the Asociacién Nacional de Usuarios Campesinos (ANUC: National Association of Peasants) was formed to ensure enactment of, the land reform laws passed in the early 1960s. ANUC soon divided, and indigenous people from Cauca, Narifio, Putumayo, San Andrés de Sotavento and Antioquia formed a Secretaria Indigena Nacional within ) its indigenous member 1a del Cauca (CRIC: Regional Indigenous Council of Cauca) in early 1971 to continue the fight for land rights and asa defense against severe repression from guerrilla armies and the \gimplementation of agrarian reform Jaws passed in the early 1960s that mandated expansion of indigenous resguardos, and reclaiming resguardos titled by the Crown, CRIC (and, ‘other organizations representing highland pueblos) fought many bloody battles. When the state realized that the reposses- sions were going to continue, despite imprisonment and other forms of repression, legal and illegal, it reversed its position and sought to in stitute a way to make land recovery occur within a legal framework ‘The Instituto Colombiano de Reforma Agraria, INCORA, the Land Re- form Institute was established, but it would take further struggle before ly held land would dovetail with that of the in genous communities (see Findji 1992, 119-121; Jimeno and Tr its notion of commu; ins activism was opposed not only by local landowners and the government, but aso by the Church, which owned gs in some areas. For example, earlier in the cen tury the Church had mounted a campaign to cor xy had no claim to the 1d (aldo), and therefore available to make it worth something” (Jimeno 1985, 184) tinue to hold today about sparsely populated indigenous territories in the plains and tropical forests. 110. ‘The Polite us organizatio Ithough most ofits lacked an “ethnic” vision ), its organizing principle social class ks with other sectors I for mass mobilization, the fall of 1971 it modified its charter to include the defense of igenous history, language and customs” (Co 1 Cauca 1981, 12). CRIC’s own version of its history acknowledges at at the very beginning “we ourselves believed that being indio ‘wasn't good, and that in order to progress we had to copy what came from the exterior Indigena del Cauca 198: newspaper current bers are Nasa.* Findji states that Cl int-indigenist” nesa year. 1976-1981 the government attempted to pass a repressive \digenous Law” that effectively gave the state extensive power over if specifying who was and was not indigenous nizing efforts were kept alive, in part due to tional attention several scandals generated,” ion of the indigent ‘wide group, the National Organization of dians (Organizacién Nacional Indigena de Colombia, ONIC) was founded in 1982, and by 1986 sixteen indigenous organi zations had appeared (Avirama and Marquez 1995, 84). ONIC was rec- ‘ognized by the government in 1983 and became an official participant several governmental programs concerned with indigenous affairs. fer since the stepped-up land repossessions in the Andean regions the 1960s, and the 1970s activism demanding implementation of nd reform legislation begun in 1961, Colombia has been handing cover land, at times very large tracts, to its indigenous pueblos. 1¢ pueblos collectively and inalienably own approximately 28 m demarcated hectares, 85 perc pl ing one fourth of the national territor ‘One result of the organizing has been a indigenous pu imagined community” (Anderson 1983), a major mited pueblo-spe earlier periods, when given the chance, affirmed their pueblo membership w S.A nation and tropical forest, Gaughe in the Cosfire 111 avow membership in the highly stigmatized category “indio.” Findji, discussing several Guambiano communities’ decision to leave CRIC over disagreements about (among other things) how to conceptualize territory, provides an example of people who wanted to be seen as nei- ther campesino nor indigenous in 2 generic sense, but strictly as Guambiano." Beginning in the 1970s, a process of change and restruc- turing has provided both incentives and opportunities for the develop- iment (and politicization) of a generic indigenous identity. As was hap- pening elsewhere, politica liberalization reduced repressive responses to indigenous demands, creating space for broader organization and ‘more inclusive claims. Colombian indigenous people also learned of indigenous organizing elsewhere in the Western Hemisphere, and of the environmentalist movement. A resignification of “indigenous” oc- curred, its meaning increasingly relying on the interplay betwee gotiated otherness and cultural continuity. What had been a stigmat ing identity for those Guambiano, among others, turned into symbolic and political capital, becoming what political scientists cal a political indigenous demands began to be rity rights, and more in terms of their rights as a “people.” As elsewhere in Latin America, the Colom- bian movement continued its efforts to gain access to the political institutions of the state, but also focused more than before on strength- ening the pucblos’ own institutions. Cultural recovery projects and their significance heightened, both for the pueblos themselves and in their interactions with the outside, ‘These evolving notions and new strategizing possibilities had far- reaching effects. The meaning of indigenous territory, for example, and, hence, of land claims, changed, as did the way such claims were mized. Territory came to be seen in more comprehensive ways: as yes, but also as the underpinnings of self- determination, a “fu damental and multidimensional space for the creation and re-creation, ces of the com- of the sacial, economic, and cultural values and pra performance of cultural distinctiveness as represented by customary practices and tra the way collective land rights were secured or denied increasingly de pended Of cou ous Peoples in Latin American States ew parameters emerged for indigenous involvement in state affairs. The country was moving toward a pluralist conception of notion that, once enshrined in the 1991 Con: eda respect for the autonomy of indigenous institutions never be- fore imagined, Indigenous identi venues. What it meant, never predetermined, became much more un- eas all actors repeatedly modified their discourses in response to sn's new role and the shifting terms of engagement. And fhe country’s constitution felt that the old mely rigid, inefficient, and overly central- ized (de la Calle 1994), Democratic foundational charter in name o it favored the Conservatives and, more generally, the privileged and powerful. Colombia is a “facade” democracy: as Alvarez et al. (1998, 9) note, in such countries the majority of citizens have come to cs asthe private business ofthe elites, and civil society is 1886 constitution was ext ‘eform arose from awareness that the \ccess to the government was gained ex- other attempts being ignored or treated as subversion), was incapable of adapting to changing social condit 63-89). The political and moral crisis re~ sulting from the insurgency; the increase in violence as landowners and security forces attempted to stamp it out, and a pervasive distrust of a chy and deeply corrupt," also strength- 1g constitutional reform (see Assies 2000, unending states of siege and the depre- ak reform was intended to decentralize power and cre- ical system. The nda c inthe C hhad not included benefiting the country’s minorities, but during the ions, several political interests, not just indigenous and ‘Afto-Colombian, realized that advocating pluralism brought them closer to their own goals. The debates opened up new spaces for dem: cratic participation, and civil society hesitantly began to give voice to its concerns (Van Cott 2000). These democratic reforms began a process of reconfiguring the relationship between state, market and civil society. Notions of participation and empowerment, previously limited to oppositional social movements and NGOs, began to appear jn governmental discourse, notably in the Constitution itself (see Assies 2000, 23) Indigenous Pueblos and the Constitution With respect to indigenous rights Colombia's new constitution is the [atin America, The remarkable media focus dur- ing the ANC on the three indigenous representatives, Francisco Rojas Lorenzo Muelas, and Alfonso Pefia Chepe.” did not signal any ir part, but rather the extent to which the na- tion's indigenous pueblos had come to symbolize tolerance and plural ism, a rediscovered national identity, historic reconciliation, justice, po- litical effectiveness, and participatory legitimacy (see Cepeda 1995, as cited in Van Cott 2000, 72). The participation of the three men in the [ANC conveyed the promise of a new ways of solving conflicts, based on. respect and dialogue rather than violence. Murillo suggests that the in- digenous representatives gave legitimacy tothe government and th tite ANC, an opinion shared by others (1996, 22). The Gaviria adminis- tration (1999-1994) “offered the protection of ethnic minorit a highly visible emblem of the new regime of rights prot Cott 2000, 74). A government that had been closely associated with as- of its most marginalized population would show how the most ps eral sectors were being incorporated into the democratic process, both as citizens in good standing and as citizens belonging to unique com ‘munities whose distinctiveness the state recognized, valued, and prom ised to protect (Van Catt 2000, 74). The reconstitution of state-indige- terminati ons between the state and soci y as a whole, Achievements in Constitutional Reform Related to the Pueblos ‘The new G n most significantly benefits Colombia's indige- nous pueblos in its mandate that the new territorial ordinal include nas—ETI 1996; Roldan 2000, 33-5 resguardos and the pueblos’ right to use their te including any decision-making about development. Unfortunat these territorial guarantees, coupled with assignment of subsoil rights jovernment, reveals one of several seri- legislation has yet 0 be written, and territorial units following this model are very un- given the worsening of the crisis. the recognition of customary law (ws0s y costam= \digenous communities to settle the court action when their fundamental cot and no other judicial means are available’ ydel Dere- x; Direccién General de Asuntos Indigenas jurt has issued an accumulated ju- risprudence on indigenous rights and juris ransfers of state resources 10 the res- we began under Gaviria anteed that it would not accom) the traditional par ture, and post-Cor tions have succ (ed effective par many domains. Second, despite the changes targeted at rural areas, the te still does not control a significant amount of the national te presence in many rural areas is limited to military and p sence in others leaves the local population under forces or local elites, in many cases backed up by i gal paramilitaries, ‘The violence now gripping the country has deep roots. The decade known as“La Violencia” (1948-1957), characterized by horrendous in~ ied. 150,000 to 200,000 people died (Van Cott 2000, 39), was ended by a military coup which created 4 Popular Front and mandated that power-holding between the part alternate, and important posts be distributed equally. It lasted until 1974. The governments of Betancur (1982-1986) and Barco 1986-1990) began reaching out with peace peace process and thereby sucess crease the left’s appeal. ‘Throughout the twent sponded to even legal protest with vicious repression of the cou leftists, Of the rural la groups that arose during the Violencia, two are: bia (FAR( pate in the ANC debates." The nation’s pueblos were guaranteed two seats in the senate, and in fact, three indigenous senators were elected. jence has escalated. Readers of the (Forero 2004 of human-rights act terror. Thirty-five hundred trade u leaders were murdered by reen 1986 and February 2002. Other ble actions tetror- 50 fre- izing the populace for the most pa ly do they occur. Evidence of human ti Th ies of Ect: Indigenous Peoples in La States army and police, who operate with near-total impunity, abounds. Ac- cording to Amnesty International, fourteen politically motivated homicides occur each day (website posting, December 21, 2000). The system continues to be paralyzed with respect to prosecuting, ing sentencing. Nearly 2 million Colombians, al- ‘most 4 percent of the population, are internally displaced, fleeing the ‘numerous areas of intense conflict, and living in the zonas de miseria that surround every urban center. According to a UNICEF report, this total exceeds the number of internally displaced refugees in Rwanda, Burundi, and Congo combined (as cited in Van Cott 2000, 251, 252). ‘Other remaining problems include the glaringly obvious failure of the neoliberal economic model to democratize the distribution of the nation's wealth, Van Cott notes that if one were to use conventional economic measures (ie., no balance of payments debt, yearly growth), the Colombia of the early 1990s could boast of a robust and stable ‘economy. Soon, however, the economic dislocations caused by la aper- 1e neoliberal opening legislated during the decade, increased the sense of crisis, for it aggravated already serious income disparities. Even at the beginning of the 1990s, approximately 50 percent of the population was already living in absolute poverty (Van Cott 2000, 49, 248), The Constitution is totally mute regarding these ever-increasing inequalities of wea such reforms as their mandate Colombia's drug problem remains extremely serious. The U.S.- dominated international market guarantees that vast sums of nar-

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