O resguardo da nação e a defesa da “raza indígena”: direito, identidade e diferença como constituinte da agência indígena nos departamentos de Cauca, Huila e Tolima (1910-1930)

Abstract

This thesis is a result of the research on the Indian agency constitution from the start point of identity construction, organization and resistance in the Indian communities in the south west of Colombia, facing the modernization projects from government between the end of 19th century and the beginning of 20th century. In this context, having the support of a liberal legislation that defends the private property, a project which aim was insert the Indians in civilization, dividing their resguardo lands, communities as well as creating peasants and settlers dependent from great properties. In order to face the extinction of collective property and the exploitation of Indian workforce under terrazgueros government in Cauca Department from 1910 to 1930, a mobilization of indian leaders gathers the representation and defense of indian rights facing local and national authorities. Manuel Quintin Lame, terrazguero, literate, supporter of the Conservator Party, in power, together with the other leaders, little by little dominated the literacy and the codes as well as law protocols, getting political and legal representation of resguardos, in order to defend the “raza indigena” against law 55 from 1905; 104 from 1919 which extinct the “resguardos.” This thesis intends to contribute to the historiography of Quintin Lame’s insurrection, Quintinada/Lamismo, or Colombian memory of indian fights. Such aim will be accomplished by the action of indian leaders in agency for the defense of “raza indigena” as a collective subject of right, defense in the context of indian mobilization and social disobedience, law resources and petitions, turning the movement a crime. Such defense assures the four rights. First, the right of identity and equality in terms of Colombian law. Second, the legitimate right of collective land possession. Third, the recognition of resguardo as a social organization from Indians legitimated since the Spanish colonization. Fourth, the recognition of cabildo as a political organization and representation in the Colombian Government. Considering right assurance as a comprehension of indian law culture that, in the context of political and legal fights, leads to the project of creation of “Republica Chiquita” which, even with all repression and possible “Guerra de razas”, proposes an administrative parliament inside Colombian State in right equality and obedience, linked to the country authorities. This administrative assembly was first written in “Consejo de Indias” foundation where the project of organization of communities and their legal representation was formulated, reinterpreted as truly expression of political will from Indians, requiring the definite exit of civil minority which raza indigena was submitted in Republican governor