Legal indigeneity: knowledge,legal discourse and the construction of indigenous identity in Colombia

ABSTRACT

This paper analyses the creation of the indigenous legal subject in Colombia from the perspective of legal-knowledge regimens. It analyses the turn from medical psychiatric assessments to indigenous identity to anthropological discourses on cultural differences. This article describes the legal construction of the indigenous subject in two historical moments. On the one hand, in the context of formation of the nation-state in Colombia and, on the other hand, in the transition towards contemporary multicultural constitutionalism within which legal discourse creates taxonomies for the definition of identities and the recognition of special rights to people who claim to be indigenous.