DECE MBE R

S TRIKING A BALANCE BETWEEN

RESPECTING INDIGENOUS AUTONOMY YET ALSO PROVIDING ADEQUATE SERVICES TO THEIR CITIZENS IS AN ONGOING CHALLENGE FOR MANY LATIN AMERICAN COUNTRIES .

20 13

D ou g Cr aig

T HIS PAPER WILL EXAMINE HOW THE GOVERNMENTS OF COLOMBIA AND PERU
MANAGE THEIR RELATIONS WITH ISOLATED TRIBES IN THE AMAZON B ASIN , AND HOW THIS RELATES TO CITIZENSHIP RIGHTS .

NAT IO NS W IT HI N NAT IO NS: Isolated Tribes of the Amazon

Research focus
will be achieved by comparing contemporary Colombia and Peru; two countries which both have similar histories, geography, and significant populations of isolated tribes living in the Amazon Basin. This paper will explore the differing trajectories of state-society relations in these two countries and examine how this has influenced development outcomes. It is argued that Colombia has gone further than Peru in striking a balance between respect for indigenous autonomy and the provision of citizenship rights. This has been achieved by the Colombian government providing more protection of indigenous land rights, more culturally-adapted healthcare and education services, and more attention to ecological conservation than has the government of Peru. The Colombian approach serves to further empower the isolated native populations in that country, and treats them as active partners in development rather than passive recipients of state action. To unpack this argument, this paper will first turn to the literature to define key terms; will then describe the policy orientation of Colombia and Peru with regards to indigenous rights; will examine the outcomes in each case; and will conclude with a discussion on the similarities, differences, and implications for human development.

Introduction The image of uncontacted tribespeople living in a primeval, untouched wilderness continues to capture the public imagination. This can be seen by the rash of sightings of uncontacted tribes in recent years, as reported by the mainstream news media (BBC 2008; BBC 2012). In a similar vein, Wallace (2011), acting as a journalist for National Geographic, documented his adventure in making first contact with the last remaining isolated tribes living in the Brazilian Amazon. The portrayal of indigenous people living in voluntary isolation in these reports is very often romanticised, exoticised, sensationalised, and approached in such a way as to reinforce otherness and moral distancing. In addition, there is often an underlying patronizing attitude towards the so-called primitive tribes in juxtaposition to the rest of the modern, globalized world. This kind of discourse highlights the persistent biases of race, ethnicity, and indigeneity which are, in some ways, a continuation of the colonial-era mentality. This paper seeks to move beyond this oversimplified narrative of indigenous people living in isolation, and seeks to understand the nuanced interplay between state and society in these regions. Specifically, this paper will examine the degree to which the concept of plurinationality is operationalized in the South American context. This

Literature Review This section will define and describe what is meant by voluntary isolation; citizenship rights; and plurinationality and position this paper within these debates. Scholars of isolated peoples in Latin America have favored the term voluntary isolation over uncontacted when describing these people, because it

denotes a degree of self-determination (Wallace 2011, 224). In addition, it is very difficult to determine the degree to which a society has been uncontacted or not, particularly for highly mobile groups. The reasons for tribes choosing voluntary isolation are varied and complex, yet a general explanation of this choice stems from negative historical experiences associated with outside contact. At the international level, the United Nations Human Rights Council drafted guidelines on the protection of indigenous peoples in 2009, which defines isolated people as: a) being highly integrated and dependent upon the natural environment; b) unfamiliar with mainstream society and therefore extremely vulnerable to outside actors; and c) at a high risk of extinction (Bessire 2012, 477). These guidelines articulated the international norms of governments to respect aboriginal self-determination and their right to culture, yet these norms are not legally binding. At the domestic level, legal definitions of isolation shared by many Latin American countries describe it as a scenario in which indigenous people have not developed sustained social relations with the other members of national society, or that, having done so, have opted to discontinue them (Bessire 2012, 467). The framing of voluntary isolation as an issue of human rights implies that governments have the responsibility to protect these rights. This paper will explore how societies choosing isolation relate to the governments of Colombia and Peru. As Gow (2008) notes, the pursuit of human rights is closely related to the pursuit of citizenship. What does it mean for isolated tribespeople to also be citizens of Colombia or Peru? Kabeer (2005, 3 -8) outlines four main values of people striving for full citizenship: 1) justice, in that the state acts fairly towards all its citizens; 2) state recognition of the dignity and respect of its people; 3) selfdetermination, including the ability to exercise some degree of control over ones life; and

4) solidarity, to act in unity with other members of society. Gow (2008, 254) defines citizenship as the state protection of both negative and positive rights. Negative rights oblige state inaction, and include such things as the right to life, freedom from torture, and freedom from arbitrary arrest. Positive rights necessitate state action and encompass economic, social, and cultural rights; all of which relate to ensuring an adequate standard of living for citizens. Thus, both Kabeer and Gow agree that citizenship implies government responsibility towards its people in terms of human rights protection. This paper will focus on negative rights protection related to indigenous territorial control, and positive rights protection related to education, healthcare, culture, the environment, and security. Citizenship rights may also be framed in terms of cultural citizenship, described by Dean (2002, 199) as the right to retain unique cultural identities yet still belong to a larger, multiethnic society in a participatory, democratic way. This shifts the discussion to plurinationality, and the recent attempts of Latin American countries to enshrine multiculturalism in their constitutions. Lupien (2011, 775) describes plurinationality as the recognition of indigenous nations within their respective states which requires a reconceptualization of the unitary, liberal nationstate, as well as land ownership and citizenship rights. Plurinationality is also associated with participatory democracy, communal and localized decision-making, and the ability of native peoples to enjoy full citizenship without sacrificing their traditional customs. This concept thus represents a compromise between ensuring indigenous self -determination versus the state providing citizenship rights. How effectively countries

manage to maintain this balancing act over time is another question altogether. Like Lupien, who analyzed the constitutions of Ecuador and Bolivia to determine the extent to which indigenous movements in those countries were successful at contributing to policy reform which addressed their needs, this paper will similarly analyze the policy framework of Colombia and Peru in order to find evidence of policies favoring indigenous rights protection. Case Studies This section will compare the policy orientation and outcomes of both Colombia and Peru in terms of indigenous policy and rights protection. See Figure 1 in the Appendix for the spatial distribution of isolated groups in these two countries. Colombia, Policy Framework The period from 1958 to 1980 marked Colombias era of integration, in which the goal of government policy was to integrate the indigenous communities into the broader society through top-down development programs related to providing market access and the provision of public services (Republic of Colombia 1991, 15-16). This policy orientation shifted in 1980, when the National Council of Economic and Social Policy approved the first Indigenous Development Plan, which emphasized both the protection of native communities and their active participation in development. The Ministry of Public Health resolution 10013 stated that health programs for indigenous communities should be adapted to meet the cultural characteristics of each community. The Ministry of National Education resolution 3454 similarly stated that educational

Figure 1: Spatial Distribution of Isolated Tribes in the Amazon Basin

Source: http://www.uncontactedtribes.org/

In addition, the changes in policy left many questions unanswered. Though indigenous people were guaranteed basic services, this term was left undefined. How basic is basic? Another gap in legislation is that the issue of Colombia, Outcomes voluntary isolation was left unresolved. The constitutional changes did not describe how to In light of such overt attempts at policy reform administer health and education services to aimed at accommodating indigenous interests isolated people, but just said that the services in Colombia, to what extent were these must be adapted to indigenous communities. successfully translated into practice? The The clause that prohibited the sale or transfer results, it seems, are mixed. of indigenous territory, though perhaps well meaning, actually restricted the agency of Ramirez (2002) acknowledges that native people to make decisions for Diversity in Peru programs for indigenous peoples should be the policies of the 1980s and 1990s themselves, including selling their framed in terms of ethnodevelopment and were indeed carried out in many own land if they so desired. Finally, was perceived ethnoeducation, and that indigenous people should areas. Bilingual education incorpodespite laws in place to protect the as a threat to play a central role in designing educational rating native languages, free health territorial integrity of indigenous national unity. programs to be administered in their communities. services, exclusion from military reserves, the fact that the FARC Former president Barcos speech in the departservice, university scholarships, and rebel group was still active in rural ment of Amazonas in 1990 outlined three parts to enhanced representation of native groups in and isolated areas meant that vulnerable native the governments indigenist policy: 1) the guaranthe Senate and Congress were measures which people continued to be displaced due to the tee of territorial rights through the establishment were all carried out (Ramirez 2002, 135-140). threat of internal violence, which the central of reservations; 2) the recognition of traditional The titles to indigenous territories were made government was unable to fully control. authorities; and 3) granting effective participation inalienable and non-transferable, to ensure that to the communities in the planning and implemenmajor disruptions, such as environmental Peru, Policy Framework tation of programs which affected them. The degradation and dislocation due to natural objective of the government to establish legally resource extraction, could not occur on these The trajectory of indigenous policy and recognized, indigenous reservations was twofold lands. Indeed, mandatory consultations were outcomes in Peru was markedly different from (Republic of Colombia 1991, held with native groups before any that of Colombia. The ascension of Fujimori 159). Firstly, by recognizing the activities which may have to the presidency in 1992 represented a shift in Indigenous knowledge, rights of indigenous people to influenced their cultural, social, or orientation away from plurinationality and techniques and models control their own affairs, this economic integrity were towards strict neoliberal reforms. Previously, for the management of provided them the opportunity to undertaken. the 1974 Law of Native Communities, Livethis environment are far achieve a satisfactory standard of stock, and Agricultural Promotion of the superior to those of the living more in line with their Despite these developments, the Jungle guaranteed land belonging to people of Western world. unique customs and needs. reforms were not perfect. Ramirez the jungle as inalienable and not subject to any CONSTITUTION OF COLOMBIA Secondly, supporting the indigeobserves that the special treatment forms of transfer or confiscation (Marzal nous communities was a way to of the central government towards 1995, 71). However, Fujimoris changes to conserve the tropical forest ecosystem. The indigenous groups was related to ethnic the Peruvian constitution in 1993 added government viewed isolated, or semi-isolated, identity, however many people were left out. articles 88 and 89, which paid lip-service to groups as having an intimate knowledge of their Peasant communities, who did not identify as the idea of indigenous autonomy however environment, and were therefore the bestindigenous yet who were living at inserted a clause saying that indigenous lands positioned groups to participate in ecological comparable levels of development as native deemed to be abandoned would revert to management, with occasional arms-length support communities could not access these special state ownership in order to be sold for profit. of the state. Thus, the instrumentalisation of programs. Conducting consultations with Dean (1995, 199) describes the recent political indigenous culture as a means of achieving these groups was never a constitutional philosophy of the Peruvian neoliberal environmental stewardship was a key element of requirement, and they did not have the same government as one which aims to create a the governments orientation. The incredible guarantees and security of land ownership. homogenized, unified national citizenry out of value placed on indigenous knowledge and particThe issue of authenticity and Indianness the heterogeneous mix of local cultures, ipation may be seen in the governments assertion emerged as an increasingly conflictual languages, and historically diverse people. that indigenous knowledge, techniques and cleavage in society, due to the differential Diversity, from this perspective, is perceived models for the management of this environment treatment of the government towards these as a threat to national unity and so serious are far superior to those of the Western two disadvantaged groups. Thus, perhaps efforts at achieving plurinationality have been world (Republic of Colombia 1991, 159). plurinationality was achieved since the largely abandoned. Indeed, the provision of Finally, the constitutional amendments of 1991 government recognized and supported social goods administered through teachers, describe that it is the responsibility of the state to indigenous empowerment in Colombia; bureaucrats, military personnel, and local provide social assistance programs which permit however, it seems that this may have come at elites is all provided in a way so as to promote indigenous people basic attention in health, the expense of other groups in Colombian the homogenisation process. Monolingual

education, and access to the market while still allowing for the traditional and semi-nomadic ways of life. Thus, the policy framework of the early 1980s to 1990s marked a general shift towards government recognition and empowerment of indigenous communities.

society.

Dean notes that isolated natives are often the most economically disadvantaged group in Latin American society, and so Fujimoris economic shock policies of the 1990s hit these communities particularly hard. This involved drastic measures to attract international loans by privatizing state industries and majorly reducing trade barriers. Despite these setbacks, the government did institute various programs aimed as indigenous people, such as the Land Titling and Registration Program and the inclusion of pro-indigenous advocacy groups within the state bureaucracy (Dean 1995, 202). There have also been attempts at achieving intercultural education programs, such as training bilingual teachers, but the push so far has been from grassroots organizations and is not generally initiated by government policy. Most recently, a group of Peruvian NGOs presented a draft proposal to the central government to strengthen and protect indigenous rights, livelihoods, and land ownership

(Napolitano and Ryan 2007, 66). In 2006 it was passed by the government, however only after many revisions, due to pressure from powerful commercial interests. Ironically, the final document ended up allowing, under certain conditions, for extractive industries (such as oil, gas, mining, or timber) to operate on indigenous reserves if they are deemed to serve national interests. Peru, Outcomes The outcomes of Fujimoris policies paint a grim picture for indigenous rights protection in Peru. In terms of land rights, although various indigenous groups petitioned the government to reverse its policy on abandoned lands reverting to state control, the policy remains in place. The question arises: who determines whether land has been abandoned? How is this even possible, given the highly nomadic nature of many isolated groups? The issue of

Spanish education is provided in schools with little accommodation for indigenous linguistic or cultural plurality, and overt displays of divergent cultural pride are discouraged. Many groups lack even basic identification documents to certify themselves as full citizens. Table 1: Summary of Findings

Colombia Negative Rights: Land Rights

Peru

Aboriginal territory is inalienable and nontransferable. This means that no intensive development is possible on these lands. The agency of indigenous people to sell their land if they wish is restricted. 100% guarantee of land rights; if violated then people have legal recourse. Indigenous consultations mandatory on any projects which may impact their communities.

Aboriginal territory can be returned to the government and resold if deemed abandoned; extractive industries may operate if it benefits the national interest. Intensive development is possible on these lands. The agency of indigenous people to sell their land if they wish is restricted. No 100% guarantee of land rights; if violated there is no legal recourse. Indigenous consultations not mandatory.

Positive Rights: Social programs

Culturally appropriate, pluralistic education and healthcare are adapted to indigenous needs based on broad participation; government flexibility towards indigenous people. Instrumentalisation of indigenous culture to achieve goals of ecological conservation. Ongoing issues with FARC negatively influencing isolated groups. Associated themes of violence, coercion, displacement, narco-traffiking, smuggling. Meaning of basic services.

Little cultural adaptation to education (monolingual system) and healthcare; government rigidity towards indigenous people. State does not make the link between indigenous culture and ecological conservation, and how protecting one can help the other. Ongoing issues with Sendero Luminoso negatively influencing isolated groups. Associated themes of violence, coercion, displacement, narco-traffiking, smuggling. How to determine abandoned land.

Environment Security

Legislation Left Undefined:

Defining how to administer social assistance to groups in voluntary isolation while at the same time respecting their self-determination.

How to determine under what circumstances national interests warrant resource extraction on indigenous lands. Articulating how indigenous communities have a place in Peruvian society. 4

into isolated indigenous territory which has not only displaced these people, but has resulted in psychological trauma and high casualties (Dean 2002, 202). Overall, the policy framework in Peru shows a preference for the nation over the right of indigenous people to self-determination, which exemplifies how policies driven primarily by neoliberal values can result in decreased rights protection for indigenous peoples and the devaluation of their culture and contributions to society. Summary of Findings abandonment becomes an arbitrary decision made by the central government, and shows that indigenous people in Peru do not have a 100% guarantee of ownership over their own lands. Thus, their ability to practice their traditional ways of life and self-determination are diminished. A related issue is the legal possibility for extractive industries to operate on indigenous territory if it serves the national interest. Again, the arbitrary nature of what comprises the national interest puts indigenous people at a disadvantage, and they have no legal recourse to challenge decisions made by the government. This again points to the lack of complete control they can exercise over their own territories. The issue of tribes living in voluntary isolation remains unresolved in Peru, since the rights of these people and the responsibilities of the state towards them remain undefined and hazy at best. At worst, legislation for indigenous rights is downright contradictory, with some laws recognizing indigenous rights while others recognizing the absolute authority of the state (Dean 2002, 215). Programs and policies aimed at indigenous development largely turned out to be just promises made on paper, which never materialized into substantive support. The economic reforms of Fujimori resulted in the poor becoming poorer, thus disproportionately affecting already disadvantaged isolated indigenous communities. In terms of the environment, Napolitano and Ryan (2007, 66) observe how the Peruvian government grants more protection to national parks than to people living in voluntary isolation. Thus there is no link made between indigenous cultural preservation and environmental protection, and the low value placed on indigenous protection is apparent. Finally, the ongoing military conflict between the central government and the rebel group Sendero Luminoso has resulted in rebel groups moving The main findings of this paper are summarized and presented in Table 1. Discussion & Conclusion To return to the original research question, what does all of this mean for isolated tribes living in Colombia and Peru? Simply put, the government of Colombia has pursued a policy mix of protecting indigenous rights in the areas of land ownership; providing culturally sensitive education and healthcare programs; and has instrumentalised native culture as a means of achieving ecological conservation. These actions have resulted in a greater degree of plurinationality in Colombian society, in which the government respects and embraces indigenous nations embedded within the larger polity of the Republic of Colombia. In contrast, the government of Peru has pursued a policy mix of neoliberal reforms which have largely undervalued the contributions of isolated, indigenous people to Peruvian society. Indigenous land rights are not guaranteed; education and healthcare programs are not culturally adapted to indigenous needs; and no link is made between cultural protection and ecological conservation. These actions have resulted in a lesser degree of plurinationality in Peruvian society, despite some reference to these ideals in national policies. Thus overall, indigenous groups in Peru have a more strained relationship with the state than in Colombia. The ongoing tension between respect for indigenous autonomy versus the responsibility of the state to provide citizenship rights for people living on the fringes of society largely characterizes state-society dynamics between central governments and indigenous populations in the Latin American context. Clarifying the legal grey area of rights and responsibilities of both parties is still a

challenge that has yet to be fully ironed out. The project of encouraging plurinationality in Latin American countries is an exercise in rebuilding trust and respect between the state and indigenous communities; a relationship which may have been damaged by past injustices. Though the rate at which healing occurs may vary from country to country, the fact that progress is being made in any capacity is encouraging because it suggests that path dependency may not be an inevitability. It suggests that with the proper government policy orientations, patterns of inequality historically divided along geographic, economic, racial, and cultural lines can be overcome.

References

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