The Construction of Difference by Native Legislators: Assessing the Impact of the Colombian Constitution of 1991

Race and Ethnicity in Latin America

“…At different times, the state attempted to repress indigenous people and co-opt them, and as part of the latter tactic, land grants were made, creating resguardos or reserves. The 1991 constitution -in the drafting of which indigenous organisations played a significant role, even though reform was more part of the demobilisation of (nonindigenous) guerrilla groups than co-opting indigenous groups -gave important land and cultural rights to indigenous ethnic groups; more limited land rights were outlined for black communities, mainly in the Pacific coastal region, plus some rights for blacks in general (Rappaport and Dover, 1996;Van Cott, 2000: ch. 4;Wade, 2002b (DANE, 2006).…”

TOO MUCH FOR TOO FEW: Problems of Indigenous Land Rights in Latin America

“…The path is smoother for the Bosawas territorial claims because they fall into a protected category that prohibits contestation from commercial logging and mining interests and prohibits the legalization of individual squatter claims. 2002), the postmodern dilemmas of indigenous self-representation (e.g., Assies 2000; Conklin 1993;Hendricks 1991;Hoffman French 2004;Jackson 1991Jackson , 1995Rappaport & Dover 1996;Turner 2002;Warren & Jackson 2002), the contradictory tendencies of decentralization and privatization that have allegedly co-opted and undercut the entire indigenous movement while seeming to strengthen it (e.g., Assies 2000, Padilla 1996, Ramos 2002, and the question of who controls and benefits from surface and subsurface natural resources on indigenous lands (e.g., Corry 1993, Davis & Wali 1994, Van Cott 2002, Yrigoyen Fajardo 2002. This last issue is perhaps the most difficult to implement of the new constitutional provisions.…”

“…Government workers, particularly, are concerned about the possible loss of jobs as their ties to the center are broken and they face working for the councils. From the perspective of many outside observers, the changes have undermined the force of the indigenous movement (Jackson 1996, Padilla 1996, Ramos 2002, Rappaport & Dover 1996. In Padilla's (1996) terms, the state has inserted a "Trojan horse" into the indigenous movement by making indigenous territories part of the state political apparatus.…”

Race and Ethnicity in Latin America

“…At different times, the state attempted to repress indigenous people and co-opt them, and as part of the latter tactic, land grants were made, creating resguardos or reserves. The 1991 constitution -in the drafting of which indigenous organisations played a significant role, even though reform was more part of the demobilisation of (nonindigenous) guerrilla groups than co-opting indigenous groups -gave important land and cultural rights to indigenous ethnic groups; more limited land rights were outlined for black communities, mainly in the Pacific coastal region, plus some rights for blacks in general (Rappaport and Dover, 1996;Van Cott, 2000: ch. 4;Wade, 2002b).…”