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Astrid Ulloa
National University of Colombia
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This paper focuses on the demands for autonomy of the Kogui, Arhuaco, Wiwa and
Kankwamo peoples of the Sierra Nevada de Santa Marta with regard to control over
their territories, self-determination, indigenous legal jurisdiction, management of the
environment, food sovereignty, and political control through their own authorities.
The main argument is that the autonomy of indigenous peoples is being influenced
by the current context of local, national and international conflicts and other specific
circumstances in the region in such a way as to require viewing autonomy as a complex
process that transcends national and supranational legal frameworks. Indigenous
autonomy is articulated within local, national and international dynamics and within
processes of recognition of, and disregard for, indigenous rights – obliging us to
understand it as a relational indigenous autonomy. It is relational because it is expressed
in different ways depending on the interactions among different social actors and the
specificities of the historical contexts.
Introduction
In Colombia, indigenous peoples have strengthened their social movements through
the formation of grassroots organizations, national meetings, radical forms of action
(occupations, civic strikes, direct actions and civil disobedience), international
alliances and political mobilization, among other strategies, in both the national and
international arenas. Now formally recognized as political agents, they have gained
sufficient power to modify laws and political discourses regarding rights, economic
planning, development and democratization – areas of debate formerly off-limits
actors within their nations and the global eco-political arena. In turn, recognition
of indigenous agency has required a shift in modern conceptions of democracy
in order to accommodate indigenous political rights and cultural differences, as well
as their conceptions of nature. Likewise, this recognition has implied acknowledge-
ment of indigenous peoples’ autonomy. Over the past few decades, some states
have begun to recognize ‘multiculturalism’ – special rights for ethnic groups, respect
for their cultural differences and collective identity – and to hear indigenous peoples’
demands for political and territorial autonomy.
However, there are still local, national, and international processes interfering
with these autonomies. Current articulations between indigenous peoples and the
state are framed within a new logic that simultaneously involves both the
recognition/practice of indigenous autonomy, and the questioning of these auton-
omous processes. Such is the case when natural resources that located in indigenous
territories are re-claimed by the state, reversing the progress in the recognition
of indigenous sovereignty. We could describe these dynamics as a process of
recognition-denial. Likewise, global environmentalism and interaction between
indigenous peoples and environmental movements have placed indigenous territories
and resources within a transnational eco-governmentality (see discussion of this term
below) that recognizes indigenous peoples as autonomous, but only in so far as they
resonate with the demands of green consumers in today’s global economic circles.
Similarly, there are several actors (namely, paramilitaries and guerrillas) who exercise
de facto sovereignty over areas of Colombia. These groups create new scenarios that
threaten indigenous autonomies by ignoring their territorial and political rights.
In these contexts, indigenous peoples must either negotiate with these actors, or
advocate for the state’s policies and alliances aimed at eliminating such extralegal
sovereignties.
These three situations (transnational eco-governmentality, national recognition-
denial of plural citizenships, and local imposition of de facto sovereignties) are
present to different degrees and at varying moments. They require us to think about
indigenous autonomy as a complex process that transcends national and suprana-
tional legal recognitions. In this article, I analyze this process as the basis for what
I call relational indigenous autonomy; namely, an autonomy that results from the
negotiations and interactions among different actors in particular local, national and
global circumstances. The understanding of Colombian indigenous autonomy in the
21st century must not only take into account a multiplicity of agents, interests,
ideas and proposals, but also, and above all, consider the specificities of the relevant
historical contexts.
This article lays out its argument in three parts. First, a brief historical overview
of the demands of indigenous peoples across Colombia, which will help place the
proposals of the indigenous peoples of the Sierra Nevada in context. The second part
discusses local, national and transnational relations and negotiations regarding
indigenous autonomy, focusing specifically on regional processes. Finally, I will
examine the tasks at hand for indigenous peoples seeking autonomy within a
multicultural state in local contexts that continue to be marked by acute conflict
and violence.
82 A. Ulloa
Indigenous Peoples in Colombia
In Colombia, there are 1,392,623 people who self-identify as belonging to 87 different
indigenous peoples. Together, they represent 3.4% of the total Colombian
population, speak 64 different languages and occupy ‘an area of approximately
34 million hectares, 29.8% of national territory’ (DANE, 2007, p. 19). To understand
indigenous autonomy in Colombia, we need to go back to the colonial period, when
indigenous peoples resisted colonization and engaged in various different struggles
over control of their territories. In the 18th century, this resistance began to have
some legal effects. For example, in 1781 indigenous demands led to the restitution
of some communal territories to them by the colonial government. In the late-18th
and early-19th centuries, the new Latin American states, including Colombia,
modified their relations with indigenous peoples and began considering them
‘citizens’ – but within a racist framework. By that time in Colombia, a national ideal
of equality among all citizens motivated the integration and assimilation of
indigenous peoples through the abolition of tribute, the institution of monetary
payment for work, and the privatization of lands in order to convert indigenous
people into property owners.
Within this social context, the national government enacted several laws to protect
indigenous peoples. Law 89 of 1890 promulgated a special ‘modernizing’ treatment
of indigenous peoples within their own territories. The law declared indigenous
territories property of the indigenous peoples and of their local authorities;
indigenous councils gained legal recognition. Although the law’s original intended
purpose was to ‘civilize’ indigenous peoples, transforming them from ‘savages’ to
modern citizens, for more than 100 years since, indigenous peoples have used this
law to recover their ancestral territories, to maintain their cultural practices and to
keep their political authority in councils.
At the beginning of the 20th century, indigenous leaders such as Manuel Quintı́n
Lame, José Gonzalo Sánchez and Eutiquio Timoté participated in the national
political arena, and, despite their different political interests, they constructed a
common foundation for subsequent indigenous movements grounded in a sense
of cultural and political indigenous distinctiveness. Yet not until the beginnings of
the 1970s, with the founding of the first indigenous organization, the Regional
Indigenous Council of Cauca (Consejo Regional Indı́gena del Cauca [CRIC]) in
1971, were indigenous peoples able to participate in national politics through their
own organizations. These organizations came out of a ‘discourse of ethnic difference’
that indigenous peoples had fought to insert into state and national political
processes, in an attempt to gain national recognition of their rights and differences.
In the process, indigenous peoples asserted their rights as ‘the legitimate owners of
America’ and worked actively toward legislation that would support their efforts
to recover traditional territories and defend their cultural heritage. Their actions
promoted the construction of new political relations and the power to negotiate with
the state, the private sector, other indigenous organizations and social movements,
as well as with paramilitary and guerilla organizations.
A Process of Relational Indigenous Autonomy 83
Numerous local and regional organizations were founded after the appearance
of CRIC, leading to a regional meeting of indigenous organizations in Tolima,
Colombia in 1974. In 1980, Tolima hosted a national meeting of indigenous
organizations at Lomas de Hilarco. One of the outcomes of these meetings was the
idea for the creation of a national indigenous organization. In 1982, the first
national indigenous organization of Colombia, the Organización Nacional Indı́gena
de Colombia (ONIC), emerged on the national political scene. Over time, indigenous
peoples and their organizations consolidated a pan-ethnic movement clearly
committed to their demands for recognition of the cultural and ethnic diversity
within the Colombian state, autonomy to control their territories and natural
resources, and defense of their cultural traditions.
Since then, many organizations have been formed on the local, regional, and
national levels. These groups have employed diverse means to promote their various
interests and goals, ranging from negotiating with the state to armed resistance,
as that of in the case of the Quintı́n Lame Armed Movement in 1974. This broad
variety was the result of the diverse origins, political strategies and interests,
identities, and territorial concerns among the different organizations. Likewise, these
groups have been supported by various religious, social and political organizations:
peasant movements, trade unions, intellectuals, and leftist activists, among others
(Findji, 1992; Avirama & Marquez, 1994; Laurent, 2005).
During the 1980s, powerful indigenous movements emerged in Colombia and
Latin America, gaining recognition in national and international political arenas.
Following Bebbington et al. (1992), we can speak of a ‘Found Decade’ in which
indigenous peoples strengthened their organizations, positioned their cultural
identity, and became social actors and political protagonists nationally and
internationally. The presence and actions of these movements in the 1980s cannot
be separated from other international transformations of the 1970s. Processes
of globalization and democratization originating in the spread of technology and
communications reconfigured local–global interactions and transformed the spatial
and temporal positions of the nation-state and social movements, simultaneously
introducing them to transnational space. In Colombia, the CPC-91 ushered in a
process of indigenous recognition that was tied to a transformation of the state
through decentralization and the implementation of neoliberal policies (including
privatization of state institutions, an abolition of subsidies, and an opening of the
Colombian economy to international markets). There was also an emphasis on
identifying and eliminating the discrimination steaming from existing policies
affecting indigenous peoples (Gros, 2000).
However, since recognition by the 1991 constitution, in the 1990s and early 2000s
there has been increasing conflict and violence in and over indigenous territory.
This has caused indigenous peoples to renew demands for autonomy and to claim
neutrality as a mode of resistance to the different armed actors. In addition,
indigenous territories and rights are threatened by the construction of mega-
infrastructure projects (land and waterways, dams and hydroelectric plants) and the
84 A. Ulloa
extraction of oil and other resources (mining and biodiversity). Some new laws
have posed additional threats, such as the Rural Development Law 1152 of 2007 and
the Forestry Law 1021 of 2006, which were declared unconstitutional by the
Constitutional Court, respectively, in March 2009 and January 2008, for failure to
obtain the free, prior and informed consent of the directly affected indigenous and
Afrocolombian peoples.
Indigenous peoples have begun to take direct action to confront the new national-
level social and political conditions of armed conflict and ‘development’ (mega-
projects and urbanization), which have put them at risk of displacement and
have provoked military confrontations within their territories. These actions seek
to defend their lives, dignity, territories, resources and autonomy by drawing
on spiritual strength, creating indigenous refuge areas, mobilizing for peace, and
demanding the release of indigenous leaders imprisoned by the various armed actors.
Indigenous peoples are seeking to reintroduce their own forms of government and
exert control over their social systems and territories.
Against this background, indigenous activists must formulate strategies to promote
the agendas of their organizations and collectively defend the autonomy of
Colombia’s indigenous peoples. Variations in their political strategies and responses
to adversity originate in regional particularities, the nature of local leadership, the
type of collective action they have chosen, and the outcomes of negotiations with
the state as autonomous peoples. Thus, the analysis of the autonomy of indigenous
peoples in Colombia must start from the multiplicity of their interests, ideas and
proposals. Equally importantly, it also demands historical contextualization in order
to understand the circumstances of each region and each indigenous people.
proposals for autonomy and the right to govern revolve around territorial
organization and control, environmental management and food sovereignty,
in keeping with six aspects of their cultural practice: territory as part of an ancestral
worldview and the relation between nature and society (senúnulang); the Law
of Origin (Ley Sé) in their territory (ezwama); sacred sites (nujwákala); the
production and ‘harvesting’ of seeds, plants, animals and humans (kualamas);
family lineages (tuke); and the ritual calendar. In summary, for the Kogui, autonomy
is closely related to governance and to a form of territorial organization consistent
with their conceptions and cultural categories, which follow ancestral law and are
articulated in the responsibilities and activities of each member of society with regard
to sacred sites (Ulloa, 2010; Project I/21, UNODC, 2008).
Indigenous peoples believe their self-determination is expressed in their own
notions of development. According to the Kogui, kualama involves healing and
expansion associated with the production, care and conservation of the first crops
and seeds. In other words, the Kogui and their authorities practice development
within the context of their own worldview, through a model based in the ancestral
territorial organization of the Sierra Nevada, and which begins and ends with the
conservation in perpetuity of every ecosystem and of the interrelations among them
(OGT, 2007, p. 6). In this sense, their notions of development and food sovereignty
are vital parts of their notion of autonomy.
Likewise, for the Arhuaco people, autonomy is related to a vision of authority that
mandates fulfilling their cultural mission as keepers of universal equilibrium,
beginning in their territory. They believe that their autonomy would be better
exercised in the absence of obstacles arising from lack of recognition or the improper
intervention of external agents (Mestre, 2007).
The demands of autonomy and self-determination from the indigenous peoples
of the Sierra Nevada are similar to those of other indigenous groups in Colombia,
at the same time that they demand the recognition of each group’s particular cultural
identity. They insist on the recognition of their ancestral territories, understood as
the interrelation of several dimensions (spatial, physical, symbolic and the day-to-day
material). The meaning of territory for them goes beyond legal recognitions and
entitlements to collective land; it is a definition that implicitly includes territorial
control and self-government within it, as well as culturally based uses and
management of natural resources.
For indigenous peoples, autonomy also involves the recognition by external agents
of their governments, understood as their ancestral and spiritual organizational
structures and authorities, as well as those created to interact with the state
(grassroots organizations and new leaders); the free exercise of their own law
(their own standards, institutions and procedures of justice, government and law
enforcement); and their right to develop education and health policies and programs
consistent with their own worldviews and cultural practices so that they can conserve
and protect their knowledge for future generations (Ulloa, 2004; Rodrı́guez, 2008).
Likewise, autonomy is related to indigenous visions of future development,
88 A. Ulloa
cultural continuity, plans for economically productive projects, and interaction with
other peoples or with national society. Rodrı́guez highlights how the right to
autonomy:
also refers to natural resources. Indigenous rights over territory and natural resources
involve their use and management; the state is responsible for safeguarding these rights
and must guarantee indigenous participation in the use, management and conservation
of resources as their ancestors have done.
(2008, p. 60)
Using this concept in the context of indigenous peoples, I propose the idea of a
relational indigenous autonomy, to be understood as the capacity of indigenous
communities to exercise self-determination and self-government in their territories
through the relations, negotiations and participation they must establish with the
state and other local, national and transnational actors in the course of obtaining
recognition and implementing their political and territorial control. These processes
include those instances in which indigenous groups adopt or re-adopt state or
transnational policies in order to strengthen their autonomy. A relational indigenous
autonomy must be thought of as a collection of partial and locally situated processes,
existing under specific circumstances and having particular political and historical
implications. Below, I will analyze the situation of the indigenous peoples of
the Sierra Nevada within this framework, as it relates to the three scenarios
(transnational, national and local) discussed above.
Transnational Eco-governmentality
In analyzing and explaining the relation between indigenous peoples’ autonomy
and the environment, I use Foucault’s concept of governmentality (Foucault, 1991),
and its relation to the emergence of a new discursive form that articulates
environmental discourses, multiculturalism, indigenous peoples’ rights and global
environmental governance. The global environmental discourse in question is the
historical result of various texts, practices, behaviors, policies and objects that share
rules and premises in addressing the environment, and therefore, in Foucault’s
words, belong to the same discursive form. Thus, the environment becomes a new
space of knowledge that calls for special technical governance that promotes the
beginning of a new specific governmentality (Foucault, 1991). Elsewhere, I have
defined this governmentality as:
all environmental policies, discourses, representations, knowledges and practices (local,
national and transnational) that interact with the purpose of directing social actors
(green bodies) to think and behave in particular manners towards specific environ-
mental ends (sustainable development, access to genetic resources, conservation
strategies and environmental security, among others). In this eco-governmentality,
environmental organizations (governmental and non-governmental), social actors
(including indigenous peoples and their cultural and environmental politics),
environmental activists and epistemic communities, among others, are agents in a
process of regulating and directing social actions according to logics and discourses that
contribute to the development of an emergent conception of global environmental
governance. However, all these processes involve negotiations and conflicts as well as
agreements.
(Ulloa, 2005, p. 6)
State decisions are not taking indigenous peoples into account when they ignore or
circumvent free, prior and informed consent when granting concessions and licenses
for environmental development and infrastructure projects (Rodrı́guez, 2008).
Current and anticipated mega-projects in or near the Sierra Nevada affecting
indigenous peoples include the South American Infrastructure Integration Initiative
Project (Iniciativa para la Integración de la Infraestructura Regional Suramericana),
including the Santa Marta–Paraguachón–Maracaibo–Caracas highway, the port of
Dibulla, the Rancherı́a Dam, the Rancherı́a Irrigation District, the Besotes Reservoir,
and the Besotes Multi-purpose Project. According to the constitution and
Convention No. 169 of the International Legal Organization (ILO-169), indigenous
peoples must be consulted on these projects. However, in an affront to indigenous
autonomy, their right to free, prior and informed consent has been ignored or
evaded.
The government approved the Puerto Brisa multi-purpose port project in
Dibulla despite indigenous opposition and the anticipated social, cultural and
environmental impacts of its construction. This project restricts the access of
indigenous peoples to sacred sites in their own territory. The initial port installations
are located in:
Jukulwa, sacred site of the Black Line, where the construction of a dock by the youngest
brothers destroyed this important sacred hill and threatens the conservation of life,
waters and indigenous cultures in the Sierra Nevada. [ . . . ] When our sacred sites are
destroyed, our cultures are threatened and our rights as indigenous peoples are violated.
The realization of this project would be another terrible mistake of the youngest brothers
that would irreversibly disturb water equilibrium and threaten the integrity of cultures
and existence of indigenous communities throughout the Sierra Nevada. We have
advised and warned about the serious consequences that this megaproject would cause,
and we hold the government of the youngest brothers responsible for its consequences to
health and life.
(Jukulwa, 2009, p. 1)
On the other hand, current indigenous negotiations with the state generate inter-
actions among different indigenous peoples and/or fragmentations within individual
indigenous cultures, which in turn lead to the emergence of new leaderships and to
organizational restructuring. These new organizational actors interact with local
governments, attempting to capture economic resources from the state, which in
turn reconfigures internal strategies of autonomy. Such is the case of the Sustainable
A Process of Relational Indigenous Autonomy 97
Development Plan for the Sierra Nevada, which is being discussed at the regional and
national levels, and which is generating loyalties and frictions over how it will affect
the dynamics of indigenous territorial control. Although negotiations for this project
have been suspended, and in any case it must still obtain free, prior and informed
consent, some agreements already established with leaders regarding certain
programs are being implemented in practice, due to organizational fragmentation
and in the name of rapid implementation.
Indigenous peoples have proposed the construction of 10 pueblos talanquera
(barrier or safety towns),6 six of which (Kankawarwa and Kantinarwa in 2009,
Umuriwa and Seykun in 2008, and Gunmaku and Dumingueka in 2007) surround
the lower part of the Sierra Nevada. The construction of pueblos talanquera has been
supported by national and regional governments, and while they do respond to
indigenous peoples’ demands, they also raise internal questions. Arhuaca leader,
Leonor Zalabata, comments:
We agree that a fundamental piece of indigenous peoples’ permanence, our identity and
support of the environment is provided by the traditional territory. That indigenous
territories are fundamental is beyond dispute. But what is happening is a loss of
indigenous autonomy and its replacement with national policy decisions.
(SIEC, Actualidad Étnica, 2009)
This perspective forms part of local discussions concerning the influence that
government or military presence may have on those towns, affecting indigenous
territorial control. Leonor Zalabata also believes that the process ‘does not lead to a
strengthening of self-determination and autonomy of their peoples, because it has
been the state government, along with military leadership, that has defined how and
when to establish the new towns’ (SIEC, Actualidad Étnica, 2009).
These pueblos talanquera are part of the Environmental and Traditional Belt of the
Sierra Nevada de Santa Marta Project (Cordón Ambiental y Tradicional de la Sierra
Nevada de Santa Marta) that brings together a number of governmental and non-
governmental institutions and indigenous organizations7 to coordinate action for
peace, development and security in the Sierra. This project is supported by the CTC,
since it is compatible with indigenous interests in consolidating territory. However,
as Munera points out:
parallel to this interest, a de facto military-civic control is exerted by the Army and the
Center of Coordination and Integral Action of Social Action (Centro de Coordinación y
Acción Integral de Acción Social). This intervention, as has been evidenced, proposes the
integration of these Sierra foothill areas into the political logic and regional economy of
tourism in particular, which may be imposed under conditions that do not contribute
to strengthening indigenous autonomy.
(Munera, 2009, p. 4)
Seemingly created by the government for recognition of indigenous peoples,
these projects ignore the acknowledgement by the government since 1973 of the
Black Line and indigenous territoriality in the Sierra. The CTC wrote a letter
to President Álvaro Uribe on 3 July 2009, signed by the leaders of the four
98 A. Ulloa
indigenous groups and by the delegate of the traditional authorities, wherein they
revealed that:
despite agreements signed between the CTC and the National Government stating that
private and public intervention in the Sierra Nevada must be coordinated with
indigenous traditional territorial policies as defined by indigenous peoples settled in the
Sierra Nevada, and under the permanent institutional oversight of the public authorities
(Corpoguajira and the MAVDT), they still granted environmental permission for the El
Cercado Irrigation District, the Rancherı́a Dam and the Port of Brisa in Dibulla.
Likewise, local and national authorities are considering launching other projects, such
as the ‘Los Besotes Dam’ and ‘the cablecar to Ciudad Perdida’.
(CTC, 2009, p. 1)
In the same letter, they demand immediate action by the Colombian government
to ratify the United Nations Declaration on the Rights of Indigenous Peoples. Finally,
the letter demands respect for free, prior and informed consent on each project
in their territory or, alternately, the suspension of activities, projects or programs
begun without their approval.
At the same time, state policies have begun to dismantle indigenous peoples’
rights. State agencies serving indigenous peoples have been trimmed. Instead, the
government’s priorities are focused on regaining political control, fighting the
guerrillas and paramilitary groups, and eradicating the illegal crops. Indigenous
peoples are questioning the construction of mega-projects and military bases near
or on indigenous territory.
Therefore, legal recognition can be seen as a relational process that tends to
incorporate local efforts at self-determination into the nation. In this sense,
recognition of the indigenous peoples’ autonomy has constituted a governmental
strategy aimed at establishing relations with some leaders. However, this recognition
disappears as soon as indigenous leaders and representatives begin to participate
in governmental projects, frequently acting in opposition to internal indigenous
projects fostering autonomy.
Final Thoughts
The political trajectory of the indigenous peoples of the Sierra Nevada, as well as
other indigenous peoples, reveals how autonomy is exercised in relation to territorial
control, production for international markets, environmental management, and food
sovereignty, affirming that there are situations in which indigenous peoples can
accomplish and consolidate a certain level of autonomy (Ulloa, 2010). In Comaroff
and Comaroff’s (1997) view, this could be understood as a result of the agency of
indigenous movements. Using their definition, indigenous agency has meaningful
consequences and articulates new discourses of representation within the nation-
state. Through this agency, they ‘use’ their collective identity as a performance
strategy in order to establish relations with the state (Gros, 2000). This political
strategy allows them to manipulate their cultural and historical situation. Thus,
‘collective identity’ becomes an ongoing historical construction that allows indig-
enous movements to fight for their political and practical interests in national and
international arenas. Consequently, these peoples possess, in Gros’ terms, an ‘open
ethnicity’, which implies the possibility of new, flexible conceptions of indigenous
identity, allowing them to confront the contradictions that flow from their entry into
modernity and the nation-state.
Indigenous peoples’ rights to self-determination promote political practices based
on communal participation and collective identity as opposed to the western model
of individual citizenship and relation to the state. In addition, indigenous demands
for recognition of cultural practices that stray from western notions of public
and private also promote new conceptions of the political sphere. Their ways of
participating in and conceiving of public and private spheres have thus opened new
discursive and practical opportunities for other social movements. Moreover,
indigenous movements have exposed political arenas not only to the possibility of
rethinking cultural differences among humans, but also of rethinking the relation-
ships between humans and non-humans. In this way, indigenous identities transcend
the political idea that citizenship is individual, to incorporate broader social, cultural
and nature-oriented considerations.
The recognition of cultural practices and territories implicit in indigenous peoples’
rights to autonomy and self-determination also challenges notions of national and
transnational borders. For the state, this could mean fragmentation of its territory;
while for indigenous movements, it represents recognition of their sovereignty.
In some instances, indigenous territory transcends state borders because the
indigenous notion of territory invites relations across indigenous cultures and with
international organizations (NGOs and environmental movements, among others),
moving the indigenous–state relationship into transnational networks.
Indigenous peoples’ dialogue with the state demonstrates their interest in
integrating with, rather than separating from, Colombia. This expression of their
A Process of Relational Indigenous Autonomy 101
territorial plans within those of the nation-state indicates, on the one hand, a desire
for autonomous political authority and environmental control, and, on the other,
a willingness to cooperate with the state on issues related to the definition and
management of territories and resources. Within the national judicial framework,
indigenous peoples assert various legal rights as the foundation of their autonomy
and identity. For example, they demand free, previous and informed consent through
the Colombian institution of Previous Consultation (Consulta Previa). In addition,
they demand respect for their neutrality in the context of the Colombian armed
conflict, wherein paramilitary and guerrilla forces often threaten their control over
territories. In response, they reassert their cries for autonomy and self-determination,
refusing to let their lands be used as battlefields. Indigenous peoples have waged
protests against this ‘invasion’ and have banned these groups from their territories.
The CTC’s political negotiations are grounded in the right to autonomy and
self-determination over territories and resources. The CTC positions itself as a
legitimate authority without calling for a separation from the nation. Instead,
it promotes coordination and the construction of a multicultural and multiethnic
nation that will be responsive to a variety of governmental institutions and legislative
processes in order to allow full indigenous autonomy.
As discussed above, indigenous peoples’ activities within the natural world, and
their relations and practices within their territories, are based on and organized
by the Law of Origin. For this reason, they use the Law of Origin as the basis
for environmental management of the Sierra Nevada. They prefer this predominantly
cultural approach to their environment over a political or technical one. For the
government and various institutions, however, environmental problems require a
political response to technical problems that have resulted from diverse social,
economic, scientific, political and administrative processes. Therefore, although
environmental management plans may address the ‘issue’ of indigenous culture,
their main emphasis is on the technical aspects of proposals for economic
development (reforestation, nurseries, agricultural techniques, ecology and the
management of water basins) and on their associated administrative components
(institutional coordination, strengthening of associations, supporting grassroots
peasant organizations).
The indigenous peoples of the Sierra Nevada have been able to be relatively
autonomous in decision-making over their territory and in negotiations with the
state, and have achieved agreements that stem from their cultural and environmental
practices. Through the CTC, they have opened up spaces within international
governmental and non-governmental ambits where they participate with both voice
and vote. At the same time, they have gained support for their policies based on the
notion of a territorial autonomy that encompasses the four indigenous peoples’
identity and their responsibility to conserve the Sierra Nevada environmentally and
culturally.
Indigenous peoples are now exercising authority to control their resources and
territories. The CTC undertakes to develop the Law of Origin’s notion of territory
and its own proposals on environmental and territorial knowledge. Interactions
between the CTC and state institutions have led to agreements and differences, and
102 A. Ulloa
have fostered new strategies on territorial, cultural and environmental issues, which
in turn have repositioned them as agents equipped to lay out alternative options for
territorial and environmental relations.
However, indigenous peoples are also losing territorial control because of the
pressures of the paramilitary, guerrillas and even the state. Likewise, they have
had to adjust their economic practices to engage in the cultivation of coffee and other
products for the market. Lastly, their territories and natural surroundings are in
the sights of national and foreign corporations that seek to exploit the resources for
transnational markets and ecotourism.
In a recent letter to President Álvaro Uribe, the CTC articulated its demands
as follows:
The indigenous peoples of the Sierra do not oppose projects in the Sierra or the
legitimate presence of the armed forces, insomuch as they strictly adhere to national and
international standards that protect our rights. However, in the face of recurring,
systematic and massive violations of our rights, as the authorities in our territories, we
are forced to demand to the following actions from the other institutions that form part
of the socio-legal state, in accordance with their respective functions:
1. Comprehensive ratification of the United Nations Declaration on the Rights of
Indigenous Peoples, 2007, such as the national government agreed to in a letter
delivered to the United Nations Secretary and at the Meeting in Durban in April of the
present year.
2. Fulfillment of the agreements signed by the four indigenous peoples with
governmental authorities and other state institutions.
[ . . . ] 5. In pursuance of the quoted sentence, require the Ministries of Environment,
Housing and Territorial Development; Interior; Agriculture and Mines, to suspend the
Port of Dibulla and the Rancherı́a Dam projects, due to non-compliance with the
requirements to guarantee the fundamental right to participation, as supported by two
tutelas9 currently being considered by the Constitutional Court, which demonstrate that
governmental authorities did not act in good faith during the two processes of
consultation. Thus:
a. They ignored agreements signed between the CTC and national government.
b. They overstepped indigenous self-government and legitimate authorities, ignoring
the fact that the CTC has been recognized as the legal entity and regulator of programs,
projects, actions and activities planned for the traditional territory, and that it is the
official indigenous voice for dialogue with the state concerning global problems and
issues that affect the traditional indigenous territory of the Sierra.
c. They failed to take emergency and preventive measures to protect indigenous
authorities and leaders from the armed conflict and ignored serious violations to
human rights and humanitarian international rights, amply documented by the
Constitutional Court in Writ 004-2009 and by decisions of the system of Inter-
American Court of Human Rights in favor of the Kankwamo (IHRC, 2004) and Wiwa
(IHRC, 2005) peoples.
(CTC, 2009, pp. 2–3)
A basic problem in Colombia is the lack of debate concerning the meaning
of indigenous autonomy within the political system; jurisdictional, territorial and
environmental planning, and the interaction of these with current state reforms;
and the armed conflict and processes of violence occurring in their territories.
A Process of Relational Indigenous Autonomy 103
Autonomy must be analyzed and not taken for granted, since it is not a given, but
rather a phenomenon with limitations, frictions, antagonisms and confrontations
that make it problematic, as evidenced in the processes described above.
Thanks to the special electoral political jurisdiction of the 1991 constitution,
indigenous political organizations began to participate in the electoral arena. They
have ‘conquered’ political turf in Congress, mayoral offices, and departmental
governments. Indigenous participation in the political scene has not only given them
a voice in political debates that affect projects and laws in their territories, but also in
debates affecting the whole nation. In this manner, the interaction between national
goals and indigenous movements has benefited them. However, their presence
in political power circles has also created some conflicts with non-indigenous actors
and with the traditional political parties.
The traditional parties often try to limit indigenous participation in political
activities because of their lack of experience in these arenas, or because their interests
are threatened by national laws promoting indigenous autonomy. In some instances,
the political process has also led to alliances between indigenous representatives
and traditional political parties and/or bureaucratic machineries that can delay or
transform indigenous political rights through cooptation. Jackson points out that
in this process the ‘Indian organizations become, in many ways, agents of the state,
with similar bureaucracies, language, constructions of what needs to be done and
how to do it’ (1996, p. 140).
The diversity among indigenous organizations and their positions can be obstacles
to reaching unified proposals that address indigenous demands within traditional
electoral politics. Furthermore, within these organizations, there are critiques of
leaders who, acting as indigenous representatives in the national congress, regional
governments and state agencies, have made political alliances with traditional
political parties that may have had negative effects on indigenous interests. In
addition, it is argued that some of these leaders have lost touch with their
communities and lack grassroots support.
Indigenous peoples seemingly enjoy autonomy and rights over their resources,
which means that their access to and ownership of genetic resources must be recorded
within the new legal and institutional regulations on biodiversity, a process that
requires indigenous participation. However, they cannot exert direct access to and
control over these resources, because the state also asserts national sovereignty over
them. Furthermore, a general transnational regulatory model has been developed that
includes ILO-169, the CDB Agreement (8j and 10c), and Andean Decision 391 of 1996.
These conflicting systems of governance affect all aspects of indigenous political
life in Colombia: territoriality, governance, autonomy, self-determination and law.
In fact, post-constitutional processes and national environmental dynamics are
currently affecting indigenous autonomy in the following areas: national develop-
ment versus local development, access to resources and territories, and legal
mechanisms that ignore/evade the requirement of free, prior and informed consent.
In the same way, indigenous autonomy is being confronted by the activities of several
local, regional, national and transnational actors in the local context, through the
armed conflict, illegal crops, territorial control and political pressure.
104 A. Ulloa
Therefore, in contexts like the Colombian one, indigenous peoples cannot
completely exercise their autonomy, a situation caused on the one hand by partial
recognition processes and on the other hand by partial and limited governability over
their territories – a relative autonomy. These processes require a permanent strategy
from indigenous peoples for constructing alliances, rethinking external processes and
reconfiguring internal processes in order to establish relations and hold negotiations
with other social actors, thereby constructing a relational indigenous autonomy.
This indigenous autonomy must be thought of as a diversity of partial and situated
processes, seen under specific circumstances and with particular political implica-
tions. Such processes require consideration since they are the basis for the exercise
of complete autonomy by indigenous peoples.
The autonomy of the indigenous peoples of the Sierra Nevada is expressed in very
complex sets of circumstances and involves constant negotiations with various local,
regional, national and transnational actors. Within this context, indigenous
peoples have historically demanded a political relationship of equals between their
government and the national government. This is why the four indigenous peoples
(Kogui, Arhuacos, Kankwamos and Wiwas) joined the CTC, to confront the different
processes being imposed on their territory and to establish a relationship with the
Colombian state through agreements and the construction of common processes to
exercise their autonomy. However, there are moments where indigenous peoples
lose territorial control and are immersed in partial recognition processes and partial
and limited governability over their territories. Therefore, a notion of a relational
indigenous autonomy is required to understand which situations will allow indigenous
groups to voluntarily make decisions autonomously in conjunction with other actors,
in order to deal with processes that are compromising their territory, resources or
government.
In this sense, the political negotiations of indigenous peoples must be seen in
a historical light in order to understand how they think, and in consequence,
how they relate to outside actors. For example, history affects their negotiations
with the Colombian state, which they recognize as a legitimate interlocutor.
In addition, their relations and alliances with international organizations (such as
the United Nations) under international agreements must be considered. These
ties further their quest for recognition of their autonomy and give them allies in
challenging the local, regional, national and international players who disregard their
autonomy.
The situation of the indigenous peoples of the Sierra Nevada has revealed how they
put self-determination and self-government into practice in their territories. This
exercise arises from the relationships, negotiations and participation they have had
to establish with the state and with several other local, national, and transnational
actors in the search for recognition and implementation of their political and
territorial autonomy. At the same time, they have taken on some state and
transnational processes and policies in their search for the consolidation of their
autonomy. Therefore, what they are practicing is a relational indigenous autonomy:
a partial and situated process constructed under specific circumstances and with
particular political implications.
A Process of Relational Indigenous Autonomy 105
Acknowledgements
This work was translated from Spanish by Katharine Henrikson. The author is also
grateful to Julio Barragán, Arregocés Conchacala, Carlos Zambrano and Mauricio
Chavarro, as well as the external referees, for their comments and suggestions.
Notes
[1] The CTC – I will use the abbreviated name in Spanish in all cases – is an indigenous
organization formed among the four indigenous groups of the Sierra Nevada to coordinate
the dialogue between the indigenous peoples and the Colombian state and society.
[2] These names are the most commonly used in anthropological discourse. However, these
groups call themselves as follows: Kagabba (Kogui), Wintukua (Arhuaco), Sanka (Wiwa) and
Kakatukwa (Kankwamo).
[3] Indigenous peoples consider themselves to be the ‘elder brothers’ who inhabit the heart of
the world and therefore bear responsibility for the world’s equilibrium. Accordingly,
indigenous who do not inhabit the Sierra Nevada, and all non-indigenous peoples, are
considered ‘youngest brothers’.
[4] This agreement was signed on 10 December 2003 between indigenous authorities (through
the CTC) and the government: the Ministry of Environment, Housing and Territorial
Development (MAVDT), the National Planning Department (Departamento de Planeación
Nacional), the Ministry of the Interior and Justice (Ministerio de Interior y Justicia), and the
Special Administrative Unit of National Natural Parks (UAESPNN).
[5] The Lost City (Ciudad Perdida) is an archaeological site in the Sierra Nevada discovered in
1976. It is considered one of the most important prehispanic monuments on the continent
because of its entangled network of tiled roads, terraces and small circular plazas supported
by walls on the steeper mountains. The city was also strategically located. Therefore, its
inhabitants could live within a variety of climates, which ranged from the tropical to the
temperate to the alpine. Consequently, they had access to a great variety of agricultural
resources and hunting grounds.
[6] The construction of these towns is a strategy for indigenous territorial consolidation by
forming communities on the lowest frontiers of their territory. This strategy responds to
demands of the mamas.
[7] The governmental and local organizations that run the project are the High Commissioner
for Peace (Alto Comisionado para la Paz), Administrative Department of the Presidency of
the Republic (Departamento Administrativo Presidencia de la República), Fund for Special
Programs for Peace (Fondo de Programas Especiales para la Paz), Presidential Agency for
Social Action and International Cooperation (La Agencia Presidencial para la Acción Social y
la Cooperación Internacional), Pro Sierra Foundation, and several indigenous organizations.
[8] ‘False positives’ refers to the intentional murder of civilians by the Colombian army in order
to present them as guerrilla members killed in combat and show greater success in the
counter-insurgency war.
[9] A tutela is an expedited legal action available under the 1991 Constitution when fundamental
rights are being violated.
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