Historical Harm and the Modern/Colonial Criminalisation of Protest: Narratives of Enmity Towards Indigenous Communities in Latin America

This chapter addresses the role of settler colonial legality in the historical criminalisation of Indigenous communities in three Latin American countries. In so doing, the authors highlight the persistence of colonial enmity narratives in the historical over-criminalisation of Indigenous communities. Overall, the chapter provides a critical reading of the protection of public order through criminalisation in settler colonial contexts. In such contexts, the selectivity of the criminal law normalises racial citizenship and erases the historical harm caused by colonial representations of Indigeneity.