아세안

This article examines how the community of Río Blanco in Ecuador asserted its Indigenous identity in court to defend itself against a mining company in 2017. As other countries in Latin America, Ecuador recently ratified international conventions that provide greater protections for Indigenous peoples and has incorporated key Indigenous rights into its constitution, such as the right of Indigenous communities to be consulted before a mining company can exploit their territory. However, most of the country’s population identifies as mestizo or mixed race and mestizos are ineligible for Indigenous rights. This article asks, what were the legible definitions of indigeneity that Río Blanco members and Indigenous leaders deployed in Ecuador’s courts for recognition? How do communities redefine the meaning of indigeneity in legal cases involving state recognition as Indigenous rather than mestizo? Through an analysis of court documents, I argue Río Blanco legitimated its Indigenous identity in court by presenting itself as closely tied to the land its members lived on and as nature and water protectors. Ultimately, Ecuador’s courts upheld Río Blanco’s Indigenous identity and this community’s right to a consultation, leading to the expulsion of the mining company that was exploiting their territory. The Río Blanco case shows that while Indigenous communities are at a disadvantage in court cases where the state determines racial categories and beneficiary status, Indigenous communities play an active role in redefining what it means to be Indigenous, expanding the Indigenous-mestizo boundary, and furthering Indigenous rights.