In the Andes, coca has many uses.  It is chewed to combat fatigue and altitude-sickness, brewed into a tea, used to flavor liquor, offered to Pachamama (Mother Earth) in recognition of her gifts, and, yes, converted into cocaine.  One of the more interesting — and controversial — uses of coca is its role in traditional indigenous justice.

For centuries, village leaders in Bolivia and other Andean nations have consulted coca leaves when administering justice.  In a ritual that has been honed over time, the men or women in charge of the matter spread the leaves out on a cloth and “read” them, divining guilt and innocence, and perhaps the appropriate punishment, from the leaves’ orientation.

Some scholars have defended this practice as satisfying due process.  According to these scholars, punishment based upon coca-reading does not violate human rights (at least in terms of due-process concerns).  Most have condemned the practice, finding it far too arbitrary to meet basic norms of fairness and reasonable decision-making.

Interesting, but fairly obscure stuff, right?  I mean, it’s not like the national courts are using this approach.  Or are they?

In a story that has captured the attention of the BBC, a judge of Bolivia’s highest court stated earlier this week that he reads coca leaves to decide the toughest cases.  He has since back-pedaled a bit, stating that he does not consult the leaves to determine specific outcomes, but only to make sure his rulings are consistent with a general spirit of justice and right action.

The news has created a heavy backlash against a court system that was already struggling to gain public confidence.  Though some have defended the judge’s practice as consistent with the pluralistic nature of the Bolivian Constitution, most (including the chief judge and legislature) find it deeply troubling.

While I’m willing to acknowledge that it’s not entirely black and white, I have to stand with the majority on this one.  I applaud the effort to incorporate notions of indigenous and community justice; Bolivia has been a real leader on this front, with its 2009 Constitution placing indigenous justice on an equal footing with traditional, state-sponsored justice.  Communal decision-making, alternative punishments (including punishments that give back to the community, and exile as the ultimate punishment) — these and other practices are rightly welcomed to the table.  But reading coca leaves to render decisions is going too far.

I would probably feel differently if the subject of the case agreed to such a process.  Absent that, I think this practice simply undermines the credibility of indigenous and community justice.  That is a shame.  These alternative systems already face a tremendous challenge in finding purchase with the international community.  They don’t need distractions like this getting in the way.

-NF