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"Could culture be, in part, the culprit? This question will not be well received by those interlocutors--activists, scholars and activist intellectuals alike--who are unwilling to subject the premises of their work to sustained critical scrutiny. For the others, Karen Engle's text will be immensely rewarding: an invitation to take stock of how far indigenous struggles have advanced over the past four decades, with 'right to culture' at front and center, and a call to reflect on the limitations of this political-legal approach. She argues that the 'right to culture' has indeed become part of the problem, and that an alternative 'anti-essentialist' notion of culture could deliver more favorable political results. These are crucial assertions to engage and assess, for those on the front lines of indigenous struggles and, by extension, for scholars as well. We are indebted to Engle for putting them on our agenda with such lucidity."--Charles R. Hale, Director, Teresa Lozano Long Institute of Latin American Studies, University of Texas at Austin

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The Elusive Promise of INDIGENOUS DEVELOPMENT

Duke University Press

Contents

Table of Cases.............................................................................................................................xiAcknowledgments............................................................................................................................xvList of Acronyms and Abbreviations.........................................................................................................1PART I INTERNATIONAL AND TRANSNATIONAL INDIGENOUS MOVEMENTS................................................................................17Chapter 1 Setting the Stage for Transnational Indigenous Rights Movements: Domestic and International Law and Politics.....................46Chapter 2 Indigenous Movements in the Americas in the 1970s: The Fourth World Movement and Panindianismo...................................67Chapter 3 International Institutions and Indigenous Advocacy since 1980: Self-Determination Claims.........................................100PART II HUMAN RIGHTS AND THE USES OF CULTURE IN INDIGENOUS RIGHTS ADVOCACY.................................................................141Chapter 5 Culture as Heritage..............................................................................................................162Chapter 6 Culture as Grounded in Land......................................................................................................183PART III INDIGENOUS MODELS IN OTHER CONTEXTS: THE CASE OF AFRO-COLOMBIANS..................................................................223Chapter 8 The History of Law 70: Culture as Heritage, Land, and Development................................................................254Chapter 9 The Periphery of Law 70: Afro-Colombians in the Caribbean........................................................................274Conclusion.................................................................................................................................279Notes......................................................................................................................................349Bibliography...............................................................................................................................383

Chapter One

DOMESTIC AND INTERNATIONAL LAW AND POLITICS

Contemporary international indigenous movements are generally traced back to the 1970s, although their roots can be seen in the 1960s, when national indigenous organizations began to gain political momentum in a number of countries, including Canada, the United States, Australia, and many Latin American states. Of course, some movements began earlier. The early twentieth century, for example, saw the formation of the Allied Tribes of British Columbia, organized by Peter Kelley and Andrew Paull; the Lamista movement in Colombia, led by Pz activist Manuel Quint? Lame; and attempts by Deskaheh, leader of the Six Nations Iroquois Confederacy, to petition the League of Nations to consider its case against Canada. These movements tended to have a pan-indigenous element from their early stages, as indigenous groups began to identify with each other as indigenous vis--vis the modern state.

In the 1970s, indigenous peoples began to organize more actively across nation-state borders, and to form international pan-indigenous networks. With this organization came regional and international meetings, including the 1974 planning meeting in Guyana for what eventually became the World Council of Indigenous Peoples, that council's first meeting in 1975 in Canada, the 1974 meeting of the Parliament of American Indians of the Southern Cone in Paraguay, the NGO Conference on Discrimination against Indigenous Populations in 1977 in Geneva, and a 1977 meeting in Barbados (known as Barbados II). Gatherings such as these were an outgrowth of, as well as a catalyst for, increasing international organization, both intergovernmental and nongovernmental. As Alyson Brysk explains: "International fora such as the International Labor Organization and transnational nongovernmental organizations such as the World Council of Churches systematically examined indigenous issues within the organizations' wider mandates and brought together Indian activists." Brysk also contends that indigenous peoples were drawn to the international system out of "domestic powerlessness": "International activity required fewer resources than domestic mobilization and was more amenable to information politics. In some cases, characteristics that were domestic handicaps became international strengths."

Regardless of their incentive, those groups involved with pan-indigenous movements found themselves organizing against and influenced by the background of colonialist conquest and years of domestic and international law and policy pertaining directly and indirectly to indigenous peoples. While parts I and II of this book consider in detail the demands of international and transnational indigenous movements, the purpose of the present chapter is to set the stage for that discussion by describing the political and legal landscape within and against which the movements were organizing. As indigenous rights advocates have made decisions over the past few decades about how best to pursue or articulate their claims in the international arena, they have often borrowed from, adapted, or critiqued legal and political models-such as sovereignty, self-determination, and human rights-that largely have been developed in other contexts.

I focus the first section of this chapter on the Americas-on the different models of colonial techniques that were deployed there, and on their ongoing effects. In American Pentimento, Patricia Seed uses the concept of a pentimento, the "trace of an earlier composition or of alterations [in painting] that has become visible with the passage of time," to revisit English, Spanish, and Portuguese forms of colonialism in the Americas and how they were driven by different economic interests. For Seed, colonists' representations of the people, culture, and forms of livelihood they encountered in the New World derived more from colonial economic desires and political arrangements than from the actual observable characteristics and circumstances of native peoples. Thus, the differences can be traced back to Europe itself-to the Christian identity maintained by the Spanish and Portuguese contrasted with the planter, or farmer, identity of the English-and their ongoing effects can be seen beyond the Americas. Many distinctive aspects of English colonial models deployed in the Americas, for example, can also be found in India, Australia, and New Zealand.

I rely on much of Seed's analysis in this chapter, but I also hope to extend it by connecting ongoing debates about the meaning and necessity of indigenous self-determination to some of the same differences in colonial method. In particular, I tie indigenous demands for a right to self-determination and land to former British colonies, while connecting legal and political strategies aimed at internal autonomy and collective cultural rights to former Spanish colonies. These two lines of advocacy, I contend, respond to different histories of oppression and conquest as well...