Америка жеріндегі жергілікті халықтарды қорғау заңдары

Laws to prevent exploitation and mistreatment of indigenous peoples in the Americas

The New Laws (Spanish: Leyes Nuevas), also known as the New Laws of the Indies for the Good Treatment and Preservation of the Indians were issued on November 20, 1542, by Charles V, Holy Roman Emperor (King Charles I of Spain) and regard the Spanish colonization of the Americas. Following denunciations and calls for reform from individuals such as the Dominican friar Bartolomé de Las Casas, these laws were intended to prevent the exploitation and mistreatment of the indigenous peoples of the Americas by the encomenderos, by limiting their power and dominion over groups of natives. Blasco Núñez Vela, the first Viceroy of Peru, enforced the New Laws. He was opposed by a revolt of encomenderos and was killed in 1546 by the landowning faction led by Gonzalo Pizarro. Pizarro wanted to maintain a political structure built upon the Incan model the Spanish found in place. Although the New Laws were only partly successful, due to the opposition of colonists, they did result in the liberation of thousands of indigenous workers, who had been held in a state of semi slavery.

The New Laws were the results of a reform movement in reaction to what were considered to be the less effective, decades old Leyes de Burgos (Laws of Burgos), issued by King Ferdinand II of Aragon on December 27, 1512. These laws were the first intended to regulate relations between the Spanish and the recently conquered indigenous peoples of the New World. These are regarded as the first humanitarian laws in the New World. They were not fully implemented because of opposition by powerful colonists. While some encomenderos opposed the restrictions imposed by the laws as against their interests, others were opposed because they believed the laws institutionalized the system of forced Indian labor. During the reign of King Charles I, the reformers gained strength. A number of Spanish missionaries argued for stricter rules, including Bartolomé de las Casas and Francisco de Vitoria. Their goal was to protect the Indians against forced labor and expropriation, and to preserve their cultures. Some discussions challenged the very legitimacy of the conquest and colonization. Eventually, the reformists influenced the King and his court to pass reforms that came to be known as the New Laws.

Governors had an obligation to take care of the well being and preserve Native Americans (referred to as Indians by the law). That there was no motive to enslave them in the future, not by war, nor due to rebellion, nor to ask for a rescue, nor for any reason or in any way. That native Americans currently enslaved must be freed immediately, unless the owner could prove (in Spain, which implied travelling back there) the full juridical legitimacy of such a state. That the "bad habit" of making Native Americans work as tamames against their will or without fair payment must be ended immediately. That they must not be taken to remote regions to fish for pearls. That only the viceroy had the right to establish encomiendas on Native Americans. The prohibition to establish encomiendas included all religious orders, hospitals, commonalities and civil servants. That the "distribution" (of people and lands) given to the original conquerors (as a feudal lordship of sorts) should stop immediately after their death, and both land and the native people would become subject to the Crown.

The King promulgated the New Laws in 1542. In addition to regulating encomienda and treatment of Indians, they reorganized the overseas colonial administration. Several General Captainships were established, such as the Kingdom of Guatemala, to create another level of Crown authority in the colony.

When the New Laws were passed, every European man holding an encomienda in Peru learned that his grant of labor could be confiscated if he was guilty of having taken part in the civil disturbances of Francisco Pizarro and Diego de Almagro. As a result, privileged Spanish colonists were disturbed about implementing the New Laws. In Peru, Gonzalo Pizarro led a revolt of protesting encomenderos, who took to arms to "maintain their rights by force" for control of Indian lands and labor. The Supreme Court of Peru invited Pizarro to take control of the government after his forces reached Lima from Bolivia. Pizarro took over Lima and Quito (now in Ecuador). Viceroy Blasco Núñez Vela, who had attempted to impose the decrees, was overthrown. Pizarro and his army killed Núñez Vela in 1546. Pizarro's power stretched from Peru north to Panama. Charles I and the court became alarmed, and were convinced that the immediate abolition of the encomienda system would bring economic ruin to the colonies. To deal with the revolt, Charles I sent Pedro de la Gasca to the colony; a bishop and diplomat, he did not command an army but was given full powers to rule and negotiate a settlement with Pizarro and his followers. However, Pizarro declared Peru independent from the King. La Gasca provisionally suspended the New Laws. Pizarro was later captured and executed, accused of being a "traitor to the King."

Although in New Spain (now Mexico), the initial reaction of encomenderos was noncompliance, they did not organize a rebellion as in Peru. New Spain's first viceroy, Antonio de Mendoza, prudently refrained from enforcing the parts of the New Laws most objectionable to the encomenderos. Over time, the encomenderos complied with most aspects of the laws. Most already maintained a horse and arms in case of Indian rebellion, and had established a residence in a Spanish settlement. They hired priests to minister to the Indians whose labor was granted to them. While they were not allowed to retain their encomiendas in perpetuity, they were permitted to bequeath the properties and labor once. They allowed Indians to fulfill obligations by payment of tribute, often in produce. The dramatic declines in Indian population due to epidemic disease, however, resulted in economic losses for the encomenderos.

In 1545, the Crown revoked the inheritance restriction of the New Laws. By strengthening the power of the encomenderos, the encomienda system was made secure. While the New Laws were partly successful, they did result in the liberation of thousands of indigenous workers from enforced servitude. Most of the ordinances of the New Laws were later incorporated into the general corpus of the Laws of the Indies. In some cases they were superseded by newer laws. A weaker version of the New Laws was issued in 1552.