On the Ranchería with Keebet von Benda-Beckmann: legal pluralism, the Wiwa People, el Cercado, and socio-spatial relations in the Sierra Nevada de Santa Marta

In 2006, the Colombian Institute for Rural Development (INCODER) initiated construction of the El Cercado dam on the Ranchería River, neglecting proper consultation with Indigenous Peoples along the river who mobilized to protect their livelihoods, cultural practices, self-determination, and the sacred lands within the government-recognized “Black Line.” Recently, Law 2415 granted the Ranchería River status as a subject of rights, establishing a Commission of Guardians comprising government and local representatives, signaling a shift toward cooperative stewardship among the region’s diverse communities and stakeholders. This paper offers a novel reading focused on the Wiwa People, as existing literature primarily addresses the Wayúu People’s experiences. Furthermore, most studies frame the normative context surrounding the Ranchería through a “weak” pluralist perspective of the Colombian legal system, often neglecting analytical complexities beyond a state-centered approach. To counter these limitations, we utilize the conceptual framework of Keebet von Benda-Beckmann, whose insights on relational social theory, law’s spatiotemporal dimensions, and water rights enable a more complex yet accurate account of how actors in this context deal with the law and variously articulate it. We argue that von Benda-Beckmann’s approach helps to unravel the challenges posed by hyperregulation while clarifying how strategic mobilization functions within this environment. By adopting this framework alongside a “thick” understanding of the local context, we aim to provide a more sensitive analysis of the evolving legal landscape, shedding light on the struggles over natural resources in Colombia and potentially offering insights for similar conflicts elsewhere.