R. Boelens, Juliana Forigua-Sandoval, Bibiana Duarte-Abadía, Juan Carlos Gutiérrez-Camargo
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引用次数: 1
Abstract
Abstract The Magdalena River, Colombia’s main river backbone, features multiple tensions and socio-environmental conflicts. They manifest themselves in the river’s ecological degradation and negatively impact the riparian communities and artisanal fishermen, whose productive activities and rights of access to water are restricted. For these communities, the river is a means of passing down and exchanging knowledge between generations. However, their knowledge and practices are not recognized in the dominant governance processes over the Magdalena River. In an interview with Juan Carlos Gutiérrez-Camargo, environmental activist, researcher and companion of artisanal fishermen, we illustrate the universe of epistemologies and worldviews of these communities. We discuss, from a legal-pluralism perspective, the contradictions between state norms and authorities, parastatal powers, and the customary rights of fishing communities. We analyze how the simultaneous presence of various authorities and the complex, unequal arena of legal, extra-legal and illegal forces, hinders enforcement of fishermen’s customary socio-legal repertoires and also of the Colombian Constitution to protect riverside communities’ human rights. The interview reflects on the great complexity of exercising community leadership, environmental protection and defense of artisanal fishing in the midst of a socio-normative political arena permeated by state abandonment and paramilitary violence. For this reason, the interview stresses the importance of recognizing artisanal fisher collectives as political subjects in river co-governance. It also highlights the ambivalent implications of granting rights to nature and rivers: their meaning, functions and impact depend on their political trajectory and mobilization by grassrooted collectives. Finally, Gutiérrez proposes strengthening knowledge networks to bolster river co-governance where the political-cultural and socio-normative frameworks of riverside communities play a preponderant role.
马格达莱纳河是哥伦比亚的主要河流主干,具有多种紧张局势和社会环境冲突。它们表现为河流的生态退化,并对河岸社区和个体渔民产生负面影响,他们的生产活动和用水权利受到限制。对这些社区来说,这条河是代代相传和交流知识的途径。然而,他们的知识和实践并没有在马格达莱纳河的主要治理过程中得到认可。在对Juan Carlos gutisamurez - camargo的采访中,Juan Carlos gutisamurez - camargo是环境活动家、研究员和手工渔民的同伴,我们阐述了这些社区的认识论和世界观。我们从法律多元主义的角度讨论了国家规范和权威、半国有权力和渔业社区习惯权利之间的矛盾。我们分析了各种当局的同时存在以及法律,法外和非法力量的复杂,不平等的舞台,如何阻碍渔民习惯的社会法律技能的执行以及哥伦比亚宪法保护河边社区的人权。这次采访反映了在一个充斥着国家遗弃和准军事暴力的社会规范政治舞台中,行使社区领导、环境保护和捍卫手工捕鱼的巨大复杂性。出于这个原因,访谈强调了将个体渔民集体视为河流共同治理的政治主体的重要性。它还强调了赋予自然和河流权利的矛盾含义:它们的意义、功能和影响取决于它们的政治轨迹和基层集体的动员。最后,gutisamurez建议加强知识网络,以支持河流的共同治理,其中河边社区的政治文化和社会规范框架发挥主导作用。
期刊介绍:
As the pioneering journal in this field The Journal of Legal Pluralism and Unofficial Law (JLP) has a long history of publishing leading scholarship in the area of legal anthropology and legal pluralism and is the only international journal dedicated to the analysis of legal pluralism. It is a refereed scholarly journal with a genuinely global reach, publishing both empirical and theoretical contributions from a variety of disciplines, including (but not restricted to) Anthropology, Legal Studies, Development Studies and interdisciplinary studies. The JLP is devoted to scholarly writing and works that further current debates in the field of legal pluralism and to disseminating new and emerging findings from fieldwork. The Journal welcomes papers that make original contributions to understanding any aspect of legal pluralism and unofficial law, anywhere in the world, both in historic and contemporary contexts. We invite high-quality, original submissions that engage with this purpose.