Legal Typologies and Topologies: The
Construction of Indigenous Alterity and
Its Spatialization Within the Colombian
Constitutional Court
Diana Bocarejo
This article examines the different legal articulations between indigenous typologies
and topologies, that is, the relationship between someone classified as an indigenous subject,
a grantee of minority rights, and the spatial arrangements such as reservations or ancestral
territories considered necessary for indigenous “cultural survival.” I analyze how the
jurisprudence of the Colombian Constitutional Court manifests and rests on the diverse
combinations of these two factors. The typology/topology binary characterizes the manner
in which these legal discourses portray indigeneity and culture. This binary also offers insight
into a broad range of issues, including the access that indigenous peoples have to minority
rights, the use of customary law, and the spatial delimitations that frame indigenous legal
jurisdictions. Some of the complexities that arise from this binary are: the conceptualization
of indigenous places as habitats, the idea of culture as a list of traits, and the concept of
“degrees” of indigeneity that determine these peoples’ access to minority rights.
INTRODUCTION
Multiculturalism is a multifaceted political construct that addresses a wide range of
topics—from public policies for recognized cultural minorities to the experiences of
living within legally and culturally pluralistic societies. I understand multiculturalism
broadly as a form of political liberal rationality embodied in legal mechanisms designed
to recognize historically excluded cultural minorities. These exercises of multicultural-
ism envision a political landscape that is less multicultural than policultural (Comaroff
and Comaroff 2003). That is, this landscape is characterized both by the cultural
pluralities that are recognized within it and the political mechanisms that define those
pluralities. In many parts of the world, such politicization hinges on constitutional
provisions, which grant minority rights and recognize indigenous customary laws that in
turn might come to challenge the very same legal liberal principles in which multicul-
turalism is sustained.
A legal conundrum frames this article: national legislatures are asked to solve
cultural conflicts but they cannot easily classify or address the different cultural practices
that undergird those conflicts—that is, how does a “multicultural” court render
Diana Bocarejo is a Professor of Anthropology, Universidad del Rosario. She may be contacted at
dbocarejo@gmail.com or diana.bocarejo@urosario.edu.co. She gratefully acknowledges the three anonymous
reviewers of the article for their generous comments and suggestions, Esteban Hoyos for his comments and
help, and Emily Levitt for her work in editing and proofreading this article. This research was in part funded
by the Wenner Gren Foundation for Anthropological Research.
Law & Social Inquiry
Volume ••, Issue ••, ••–••, •• 2013
Law &
Social Inquiry
Journal of
the American
Bar Foundation
© 2013 American Bar Foundation. 1