Final Report V Congress of the Network of Latin American Legal Anthropology (RELAJU). “Justice and Diversity in times of Globalization” (Homage to Prof. Jane Collier) The V Congress of the Latin American Network on Legal Anthropology, was held between 16th and 20th of October 2006 in the Conventions Centre of Oaxtepec, Morelos, México. The overall aim of the Congress was to promote exchange between leading anthropologists, lawyers, and sociologists working on legal anthropology, specifically in the fields of indigenous rights, human rights, and legal reforms regarding cultural diversity and legal pluralism in the continent. The conference provided scholars from North and South America, as well as Europe, with a unique opportunity to discuss recent developments in the field, new research on legal anthropology being carried out from a comparative perspective, and current trends in legal reforms concerning indigenous rights in Latin America. The conference aimed to generate critical anthropological analysis about cultural diversity, law and justice within the current context of globalization. The Congress was dedicated to Dr. Jane Collier (Emeritus Professor of Anthropology at Stanford University) for her lifelong contribution to legal anthropology and particularly to the development of legal anthropology in Mexico. The specific aims of the congress were: 1. To share specialized knowledge and first hand experience in the fields of legal anthropology, legal pluralism, cultural diversity and rights and to consider the contributions of these perspectives to wider contemporary debates on democracy, justice and globalization. 2. To deepen comparative reflection on legal reforms with respect to indigenous peoples and recognition of multiculturalism within Latin America, and on the impact of these reforms on indigenous peoples and their relationship with the state. 3. To extend legal anthropology in Latin America to new fields of research in urban, rural and transnational contexts in order to analyze the role of culture, identity, gender and rights in the construction of new forms of citizenship and legal ordering. 4. To strengthen the networks for exchange, research and teaching which have been generated through the Latin American Network for Legal Anthropology, and to support the consolidation of the network as a reference point for consultation on public policies aimed at indigenous peoples and the recognition of cultural diversity. 5. To promote dialogue and debate with representatives of indigenous organizations and facilitate their active participation in the congress in order to share their demands, denounce grave violations of human rights affecting indigenous peoples and violations of their collective rights. Prior to the Congress itself, a Course on “Recent trends on Legal Anthropology” was held at the National School of Anthropology and History (ENAH), in Mexico City (October 13-14). Leading specialists on legal anthropology participated in the course, in total 8 professors coming from Colombia, Ecuador, Costa Rica, Perú, México, which was attended by 45 students from different parts of Mexico and Latin America. A special course pack of readings was produced for the students. Some 240 people participated in the conference, 140 presenting papers, giving keynote speeches or coordinating panels. Participants attended from Argentina, Austria, Belgium, Brazil, Bolivia, Colombia, Costa Rica, Denmark, Germany, Guatemala, Italy, Mexico, Netherlands, Panama, Peru, Spain, United Kingdom, USA, and Venezuela. Indigenous representatives of organizations of the Nahua, Quechua, Kakchiquel, Mapuche, Maya, Amuzgo, Mixe, Kuna, Tzeltal and Mixtec peoples attended, many presenting papers in different panels. 1 The congress was structured in three main parts: 1) Keynote speeches. Four keynotes speeches were given by Héctor Díaz Polanco (CIESAS, Mexico), Sally Engel Merry (New York University, USA), Carlos Federico Marés (Catholic University of Paraná, Brazil) and Xavier Albó (CIPCA, Bolivia). 2) Panels. A total of 18 thematic panels took place over the three days of the congress. The panels were organized around four themes: 1.Present Challenges in Pluralist States; 2. Globalization of Law, Collective Rights and Justice; 3. Muticulturalism, Transnationalism and Rights; 4. New Challenges of Legal Anthropology (see programme for details of individual panels and papers). 3). Round tables. Three round tables were held: the first, held at the end of the first full day of proceedings, comprised six indigenous organizations’ representatives from across Latin America, who discussed current challenges to indigenous rights and cultural diversity in their respective countries. The second focused on the crisis of the justice system in Mexico and brought together a range of local experts. The third was a forum of indigenous authorities from Mexico and Guatemala, held at the final closing session of the congress. This last round table was undoubtedly one of the highlights of the congress, and included indigenous community authorities from Guatemala (alcaldías indígenas), indigenous judges from Chiapas and from the Indigenous Court in Cuetzalan, Puebla and the Community Police in Guerrero. The conference closed with a message for RELAJU from Dr Rodolfo Stavenhagen, the UN Special Rapporteur on Indigenous Rights (see attached letter). On Thursday evening the General Assembly of RELAJU was held. New members took part and new representatives were selected (for example, from Panama and Venezuela, which had previously not had any formal representation in the network). All present confirmed their commitment to strengthen the national branches of RELAJU and to work towards the VI Congress to be held in Colombia in 2008. Outcomes: 1. RELAJU’s biannual congresses bring together a critical mass of specialists in Latin American legal anthropology, linked via the network (which is entirely voluntary and is not a membership organization with a central coordinating structure) who advance debates on indigenous rights and democracy, rule of law and national cultural diversity. Discussion addressed such themes as the role of the state in multicultural societies, critical analysis of human rights, community justice systems and judicial reform, indigenous political participation, and gender, law and the rights of indigenous women. Panels also addressed new themes in legal anthropology, such as migration, afro-Latin American populations, and urban studies. The conference also provided new perspectives on the role of globalization and transnationalism in the redefinition of the state and specifically of the justice system, and the ways in which indigenous organizations in different local and regional contexts are organizing to defend their territories, natural resources and identities. RELAJU also generates a forum for exchange of information on the impact of constitutional reforms on indigenous rights, the ways in which these are being implemented in practice in different Latin American countries, and official responses to indigenous demands for recognition and justice. 2. The V RELAJU Congress continued to work to open spaces for dialogue between academics and representatives from human rights and indigenous organizations. This particular dynamic has facilitated the recognition of the results of academic investigation within public policy circles as well as by representatives of indigenous and human rights organizations, who in turn have enriched debates in the field and defined new meanings and challenges for research. In short, the central contribution of Latin American legal anthropology is twofold: on one hand, to promote a rigorous anthropological knowledge, and on the other to enrich public debate and support the legitimate demands of indigenous peoples and other marginalized cultural 2 minorities. In this respect it contributes to the development of a critical anthropology committed to social justice and the resolution of contemporary problems. 3. The V Congress strengthened RELAJU as the main point of reference for Latin American legal anthropology and reinforced and deepened links with experts from North America and Europe. This stimulates interest in developing future collaborative and comparative research endeavours, as well as projects related to teaching and training of students in the field of legal anthropology. 4. The wider national impact of the congress is evidenced by the coverage it received in the Mexican press (see appendices). In short, the V RELAJU Congress more than met its stated objectives. This was due in no small measure to the commitment of the members of the organizing committee (see programme) and the institutional support provided by CIESAS together with the financial support received from sponsoring organizations. Dr. María Teresa Sierra (CIESAS) General Coordinator of the V RELAJU Congress México City, November 10th, 2006 3