2020 Harmony with Nature – Theme: Earth Jurisprudence

By Belkis Florentina Izquierdo Torres – Earth-centered Law

Introduction

I want to start celebrating this space, where it is recognized that Nature is alive, and that, thanks to her, we can weave countless relationships.

Likewise, I welcome the advances that have been made in jurisprudence and regulations at the national and international level in relation to Nature, where we have moved from an anthropocentric vision (seeing Nature subject to the desires and needs of men and women) very typical of a history charged with patriarchy and discrimination; to a biocentric, ecocentric, or relational view of our natural environment. This paradigm shift allows us to advance the idea of a new dogmatic of rights, which also includes, among legal subjects, ​​ non-human beings, such as Nature herself or her own components.

However, before addressing the questions, I want to express to you the epistemological position from which I start, a situated knowledge - where I assume my position as an indigenous woman who is a member of the People, who has a clear vision that Nature is alive and that we are part of her, this being a teaching of our law of origin.

I would also like to point out that many indigenous peoples in our law of origin and in our own law have, especially through oral tradition, made rules and jurisprudence in relation to Nature and territory. Furthermore, let us remember that our own right is pre-existing to many other rights, and that this law of origin or higher right considers Nature as the nucleus of our existence.

In there are 115 Indigenous Peoples1, which have social, political and economic organization structures; as well as health, education and legal systems based on their laws of origin or higher rights pre-existing to the current State. These indigenous peoples communicate in 65 languages other than Spanish, and are geographically located throughout ​​ the national territory, although some are binational; indigenous peoples also exist in voluntary isolation. Some of these towns are clanil like the Wayuu (eirruku) in the north of Colombia or the in the Colombian Amazon.

1 1. Achagua, 2. Ambaló, 3. Amorúa, 4. Andakies, 5. Andoque, 6. Awá, 7. Bará, 8. Barasano, 9. Barí, 10. Betoye, 11. Bora, 12. Cañamomo, 13. Carapana, 14. Chimilas - ette eneka, 15. Chiricoa, 16. Cocama, 17. Coyaima, 18. Curripako, 19. Desano, 20. Dujo, 21. Embera chami, 22. Embera dobidá, 23. Embera eyabida - embera katío, 24. Eperara siapidara, 25. Guanaco, 26. Guanadule - tule – cuna, 27. Guane, 28. Hitnü- macaguán, 29.Hupdë - hupdah – hupdu, 30. Ijku – arhuaco, 31. Inga, 32. Jiw – guayabero, 33. Judpa – jujupda, 34. Juhup – yuju, 35. Kakua, 36. Kamëntsa, 37. Kankuamo, 38. Karijona, 39. Kawiyari, 40. Kofán, 41. Kogui, 42. Kokonuco, 43. Koreguaje, 44. Kubeo, 45.Letuama, 46. Maibén masiware – podipodi, 47. Makaguaje, 48. Makuna, 49. Mapayerri, 50. Matapí, 51. Miraña, 52. Misak, 53. Mokana, 54. Muina murui, 55. , 56. Nasa, 57. Nonuya, 58. Nukak, 59. , 60. Okaina, 61. Pasto, 62. Piapoco, 63. Piaroa, 64. Pijao, 65. Piratapuyo, 66. Pisamira, 67. Polindara, 68. Pubense, 69. Puinave, 70. Quichua, 71. Quillacinga, 72. Quizgó, 73. Sáliba, 74. Sikuani, 75. Siona, 76. Taiwano-eduria, 77. Tama dujo, 78. Tanigua, 79. Tanimuca, 80. Tariano, 81. Tatuyo, 82. Tikuna, 83. Totoró, 84. Tsiripu, 85. Tubú – , 86. Tukano, 87. Tuyuca, 88. U'wa, 89. Wamonae, 90. Wanano, 91. Wayuú, 92. Wipijiwi – waüpijiwi, 93. Wiwa, 94. Wounaan, 95. , 96. Yamalero, 97. Yanakona – yanakuna, 98. Yarí, 99. Yaruro. 100. Yauna, 101. Yeral, 102. Yukpa, 103. Yukuna, 104. Yuri, 105. Yuruti Y 106. Zenú. Disponible en https://www.onic.org.co/pueblos​​ .

1 In the midst of this diversity of peoples, our thinking about Nature and the relationship we have with her, has been subject to discrimination, often with the aim of ending up our community relationship with Nature.

In accordance with the above, I will develop my answers taking into account the vision on the law of origin, which sometimes dialogues with the jurisprudence of the land.

1. What would the practice of Earth-centered Law look like from an Earth Jurisprudence perspective? How is that different from how Earth-centered Law is generally practiced now? And, what are the benefits of practicing Earth-centered Law from an Earth Jurisprudence perspective?

The first thing that I consider important is to strengthen the thinking logic of indigenous peoples in their different dimensions and interrelationships with Nature and territory, because from our diversity, which dates back thousands of years, we have been guardians of life. And in this sense, including ourselves in these debates from the perspective of our legal systems and proper law would allow us to collectively strengthen the ecocentric or biocentric visions proposed in the jurisprudence of the Earth.

Second, from the vision of the Arhuaco people, it is important that we understand that our body is the first territory, which is made up of the 5 elements and has sacred sites. In this sense, having the same components of Nature and territory, we must take care of it as we do with ourselves. Furthermore, if we understand that everything that has a shape (from a stone to a grain of sand) is alive, it would allow us to create respectful and genuine relationships with all beings. Our thought does not enunciate our knowledge or think about our knowledge without first settling in the phenomena of Nature and the recognition of inhabited territory.

Third, I consider it important to return to the principle of the collectivity of indigenous peoples, where naturally there are divergent positions that in debate lead to a unity of criteria in benefits of Nature, the territory and the members who inhabit it, to achieve a just balance. Thus, the community is formed, founded by the expression territory-belief-knowledge, this conception being knowledge that does not start from an individual self, but from a collective self.

The difference between this and the way in which land-centered law is generally practiced is found to the extent that there is a problem that appears throughout the jurisprudence and has to do with the lack of territorialized knowledge. It is through this knowledge that one can understand the other, understand the ancient knowledge and the particularities of an environment, avoiding generalizing policies or norms that are distant, for example, between one ecosystem and another. For example, in the case that I am currently instructing in the Special Jurisdiction for Peace (JEP), called the Territorial Situation of Tumaco, Ricaurte and Barbacoas, we have made an effort to dialogue and collect the thoughts of the different ethnic peoples (Awa, Eperara Siapidara and Afro-) and rural (peasant) and urban communities in relation to their environment, in order to understand the realities they suffered in the framework of the war, and how it affected their territories and Nature herself.

2 Ever listen to the Koguis (another Indigenous People belonging to the heart of the world of the Sierra Nevada de Santa Marta - Colombia), that instead of influencing or imposing knowledge in a process, what is due is to ACCOMPANY the processes of the territories and their people, in this way not only comes to an understanding, but also manages to materialize thought.

Faced with the benefits of the practice of the Law centered from an Earth Jurisprudence perspective, the following can be identified: (i) the understanding of ethnic, cultural and ecosystem diversity; (ii) establishing a balance with Nature and territory, (iii) achieving greater well-being for peoples and populations, and, (iv) awareness that the territory is alive.

2. What promising approaches would you recommend for achieving implementation of an Earth-centered worldview for Earth-centered Law? (Note: depending on the discipline, approaches could also be theoretical, although practical approaches should be prioritized).

To implement an Earth-centered worldview it is important to: (i) restructure and rethink education systems, especially that of girls, boys and adolescents, generating spaces where plural knowledge and activities are imparted, such as agro-ecology, cooking techniques, nutrition and Nature care in schools, and in university careers, internships involving the territory; (ii) strengthen other types of institutions, such as the schools of indigenous peoples' own law; and (iii) re-evaluate and change the economic system, since the current model has overexploited Nature

3. What key problems or obstacles do you see as impeding the implementation of an Earth-centered worldview in Earth-centered Law?

The current educational and economic systems, which are structured in a long history of anthropocentric, patriarchal, oriental thought and racism.

4. What are the top recommendations for priority, near-term action to move Earth-centered Law toward an Earth Jurisprudence approach? What are the specific, longer-term priorities for action? (Note: give 3 to 10 priorities for action).

Short term: (i) That the States do not go against the regulations that indigenous peoples have from our law of origin on our territories and life systems (medicine, food, among others). (ii) For a very long time the damages and destruction on Nature that have been carried out by companies, governments, organized armed groups (legal and illegal), among others, have been invisible and inaudible. Therefore, it is essential that such atrocities do not go unpunished, so we are called to prioritize and create norms and judicial decisions of International Humanitarian Law, Human Rights and national law that sanction, from a non-anthropocentric perspective, the serious violations against Nature and territories. (iii) In the midst of this contingency, we are called to strengthen the social and economic organizational processes of women, men and families, who live and work with

3 the land, supporting the custody of their ancestral seeds, facilitating trade in their products, strengthening their creative capacities, supporting their cultural initiatives, among others. (iv) Maintain an active and permanent agenda that strengthens spaces that seek to care for Nature, such as the one that calls us.

Long-term: (i) Change in education systems. (ii) Change in the current economic model.

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