In other words: the strategic use of Nasa Indigenous language in legal settings

Abstract

After 56 years of internal armed conflict, Colombia undertook a transitional justice process and established the Special Jurisdiction for Peace (SJP or JEP in Spanish) as the court in charge of resolving cases related to the conflict. In 2018, the JEP opened a case to investigate gross violations committed against the Nasa Indigenous people and their ancestral territory during armed conflict. In the proceedings before the JEP, Nasa authorities and lawyers, most of whom are fluent in Spanish, have been purposely using linguistic constructions in Nasa Yuwe, their native language. This article explores the purpose behind this linguistic practice and its potential implication for the JEP and international law. Through critical discourse analysis and socio-linguistic analysis of legal documents, the article outlines different strategic uses of language by an ethnic minority, such as the Nasa, to strengthen and broaden their rights.