Prices and Politics in Andean Water Reforms

Water rights are best understood as politically contested and culturally embedded relationships among different social actors. In the Andean region, existing rights of irrigators’ collectives often embody historical struggles over resources, rules, authorities and identities. This article argues, first, that the neo‐liberal language that is increasingly used in water policies is ill‐suited for recognizing and dealing with these social, cultural and political dimensions of water distribution. Local water rules and rights, their dynamics, and the way they are linked to power relations, local identities and contextualized constructions of legitimacy, remain invisible in neo‐liberal policy discourse. Second, this same discourse actively destroys these local rights systems and presents itself as the only viable cure to the problems it generates. The ways in which local irrigators’ collectives attempt to protect their water security raise questions about the fundaments and effects of neo‐liberal water reforms, but these questions are neglected or poorly understood. This article proposes a more situated, layered and contextualized approach to Andean water questions, not just to improve representational accuracy but also to increase political visibility and legitimacy of peasant and indigenous water claims. What is needed is not just a new ‘typology’ or ‘taxonomy’ of water rights, but an alternative ‘water rights ontology’ that understands locally existing norms and water control practices, and the power relations that inform and surround them, as deeply constitutive of water rights.     

The Symbolic Making of a Common Property Resource: History,Ecology and Locality in a Tank-irrigated Landscape in South India

Today there is a pervasive policy consensus in favour of ‘community management’ approaches to common property resources such as forests and water. This is endorsed and legitimized by theories of collective action which, this article argues, produce distinctively ahistorical and apolitical constructions of ‘locality’, and impose a narrow definition of resources and economic interest. Through an historical and ethnographic exploration of indigenous tank irrigation systems in Tamil Nadu, the article challenges the economic-institutional modelling of common property systems in terms of sets of rules and co-operative equilibrium outcomes internally sustained by a structure of incentives. The article argues for a more historically and politically grounded understanding of resources, rights and entitlements and, using Bourdieu's notion of ‘symbolic capital’, argues for a reconception of common property which recognizes symbolic as well as material interests and resources. Tamil tank systems are viewed not only as sources of irrigation water, but as forming part of a village ‘public domain’ through which social relations are articulated, reproduced and challenged. But the symbolic ‘production of locality’ to which water systems contribute is also shaped by local ecology. The paper examines the historical and cultural production of two distinctive ‘cultural ecologies’. This serves to illustrate the fusion of ecology and social identity, place and person, in local conceptions, and to challenge a currently influential thesis on the ecological-economic determinants of collective action. In short, development discourse and local actors are seen to have very different methods and purposes in the ‘production of locality’. Finally, the article points to some practical implications of this for strategies of ‘local institutional development’ in irrigation.     

The Politics of Disciplining Water Rights

This article examines how the legal systems of Andean countries have dealt with the region's huge plurality of local water rights, and how official policies to ‘recognize’ local rights and identities harbour increasingly subtle politics of codification, confinement and disciplining. The autonomy and diversity of local water rights are a major hindrance for water companies, elites and formal rule‐enforcers, since State and market institutions require a predictable, uniform playing field. Complex local rights orders are seen as irrational, ill‐defined and disordered. Officialdom cannot simply ignore or oppress the ‘unruliness and disobedience’ of local rights systems: rather it ‘incorporates’ local normative orders that have the capacity to adequately respond to context‐based needs. This article examines a number of evolving, overlapping legal domination strategies, such as the ‘marrying’ of local and official legal systems in ways that do not challenge the legal and power hierarchy; and reviews the ways in which official regulation and legal strategies deny or take into consideration local water rights repertoires, and the politics of recognition that these entail. Post‐colonial recognition policies are not simply responses to demands by subjugated groups for greater autonomy. Rather, they facilitate the water bureaucracy's political control and help neoliberal sectors to incorporate local water users’ rights and organizations into the market system — even though many communities refuse to accept these policies of recognition and politics of containment.     

Ruling by Record: The Meaning of Rights,Rules and Registration in an Andean Comunidad

This contribution looks at land property relations in a peasant community in the central highlands of Peru. Rather than using a rights‐based approach, the authors propose a ‘practice force field approach’ for their analysis of property relations under communal land tenure regimes. Their study combines qualitative ethnographic case studies with quantitative analysis of data on land distribution. In contrast to rights‐based approaches, this perspective understands the legal discourses that people draw upon to explain property relations as ‘justifying rule talk’ rather than the reflection of a system of property rights. It is shown how property relations are shaped in mediated interactive processes, where official rules, moral principles, shared histories and strategic games come together. The authors use this practice force field approach to study Usibamba, an Andean community that has developed a true disciplinary regime of communal governance based on control over land. The role of ‘rule talk’ and the function of elaborate local systems of land registration are examined in the context of the annual reallocation of communal land. Particular attention is paid to the performance of the president of the comunidad during this delicate process and his reflections on the course of events.     

Who's indigenous? Whose archaeology?

Abstract

The International Labour Organisation, the United Nations and various indigenous Organisations have raised and/or objected to diverse criteria through which indigenous groups have been defined and the rights that should be accorded to them. This paper discusses the implications of these issues in relation to archaeological research and heritage management and uses this to position the other papers in this volume. Specific themes that are addressed include: the impact of colonialism and nation-forming on indigenous groups; the continuing influence of 19th and early 20th century social evolutionary concepts on the representation of indigenous groups and the role of archival material from this period today; the contrasting processes of cultural continuity and assimilation within ‘dominant’ societies in which indigenous communities have participated, and the effects that this has had on more recent claims over land rights; the cultural differences that surround the concepts of individual and community ownership, particularly in relation to copyright; the role of academia, museums and the media in the representation of indigenous people in the past and the present.     

The Shady Side of Consultation and Compensation: ‘Divide‐and‐Rule’ Tactics in Bolivia's Extraction Sector

The rights to prior consultation and compensation have been established within the framework of international indigenous peoples’ rights. However, in practice these processes have often gone hand in hand with adverse social consequences for local populations, such as the exacerbation of conflicts, the division of communities and the weakening of indigenous organizations. These phenomena have received little attention, despite their great relevance for these populations. This article sheds light on the use by the Bolivian state and extraction corporations of exclusionary participation and negotiation processes, on the one hand, and ‘carrot‐and‐stick’ techniques on the other, which have together accounted for negative social impacts on the ground. The article is based on recently conducted field research, focus group discussions and semi‐structured interviews in Guaraní communities in Bolivia. The findings extend the existing literature by providing a fine‐grained and systematic analysis of divisive undertakings and their sociocultural and sociopolitical consequences in neo‐extractivist Bolivia. The broader implications of the study add to academic debates about participation in development, about ‘divide‐and‐rule’ tactics and about the practice of indigenous peoples’ rights.     

Caring for Country: History and Alchemy in the Making and Management of Indigenous Australian Land

This paper traces the history of ‘caring for country’ tropes in writing about indigenous Australian land and land management. While ‘caring for country’ initially referred to dynamic land use and ownership practices, it progressively became a less historical, more primordial, conception of indigenous land ownership, use, and management. In reviewing constructions of ‘land’ in scholarly literatures and policy debates, I seek to explain how they interact with local indigenous practices and idioms. Drawing on examples from the cultural and linguistic fields of A?angu, speakers of Pitjantjatjara and Yankunytjatjara, I examine a variety of concurrent uses of ‘country’, ‘caring’, or ‘nurturance’ and ‘caring for country’. A cross‐linguistic perspective on these objectifications – in English, Aboriginal English, and central Australian indigenous languages – shows how they may attend selectively to the historical specificity of indigenous experience. But this, I argue, may be the key to their efficacy in intercultural projects. Coded messages in bilingual documents reflect a kind of agency whereby A?angu choose to leave equivocal histories unstated and thereby reconstitute government projects in terms that work for them. The referential flexibility around idioms of land and nurturance is a kind of alchemy in language and social life that is the condition of the success of actual land management activities. Terms including ‘country’ and ‘caring for country’ elide the socio‐political dynamics that otherwise complicate actual rights and uses of land. That is why they can form the social basis of common activities, the production of ‘congeniality’ both within A?angu social life and at the interface with outsiders, in land management and other fields.     

Cultural rights and citizenship in cultural policy: Taiwan and China

From the 1990s, academia has paid increasing attention to cultural rights and cultural citizenship. This paper reviews existing literature on the construction of cultural rights and cultural citizenship and argues that cultural citizenship expands the concept of ‘citizenship’, promotes citizens’ consciousness, and confirms the content of ‘cultural rights’. The concept of cultural citizenship provides a new perspective from which to examine the challenges of cultural inequality, taste differences, symbolic struggle in cultural participation, and consumption. Based on western theories, this paper discusses the development of cultural citizenship and cultural rights in cultural policy in Taiwan and China, and it finds the tension between control and autonomy and between the government and the civil society in the practice of cultural citizenship. In Taiwan, most cultural policies are developed and implemented by the government, and those affected by them often do not have the necessary critical awareness to judge or examine them. In China, the protection of cultural rights provides a new type of control rather than autonomy from the Chinese Government. In both Taiwan and China, it is important to empower civil society to balance the governments’ control over the practice of cultural citizenship.     

Land and Sea Tenure at Erub,Torres Strait: Property,Sovereignty and the Adjudication of Cultural Continuity

Approaching property as social practice, and native title as a confluence of indigenous, ethnographic, and legal discourses, we address two themes: firstly, the ethnocentrism of the state's division of ‘property’ from ‘jurisdiction,’; applied to deny indigenous societies' practice of the latter; and secondly, the contradictions inherent in judicial evaluation of continuity and discontinuity in indigenous law and custom. We explore the relationship of ‘home place’ to tenure at Erub, where island, reef and ocean comprise a cultural and experiential continuum. Rights across a full spectrum of material/symbolic resources involve a dynamic tension between principles of exclusion and incorporative reciprocity. The issue of how to balance more particular against more collective rights is at play with each nesting of more local into more inclusive socio-territorial identities: from households and lineages, through island communities, sub-regional island groups, and Torres Strait regionally, to the encapsulating state and evolving international orders. At Erub, an island community long regarded as a vanguard of creolization for Torres Strait, newcomers have by-and-large been assimilated to indigenous systems of land- and sea-holding and authority. The connection between people and territory is a complex practice of social identities and interests responding to political opportunity, according to cultural forms that manifest substantial and traceable continuities to indigenous arrangements, as innovation has proceeded. The continuities appear sufficient to satisfy criteria for native title recognition as articulated in the Mabo decision, but the criteria themselves are too narrowly based to accommodate the processual dynamics of evolving culture and tradition. A reordering of territorial jurisdiction, predicated on the principle of Islander consent to development activities in their homelands/seas, would provide more authentic conditions for cultural autonomy.     

Ornamentalism,Empire and Race: Indigenous Leaders and Honours in Australia and New Zealand

The imperial honours system, David Cannadine has argued, was a means for binding together ‘the British proconsular elite’ and ‘indigenous colonial elites’ throughout the settler colonies and dominions of the British Empire (Cannadine, David. Ornamentalism: How the British Saw Their Empire. London: Penguin, 2002). Yet in settler colonies like Australia and New Zealand indigenous populations were marginalised and often disregarded, and it was local white elites who became knights of St Michael and St George, the Bath and the British Empire. Focusing on Australia and New Zealand, this article explores the complex relationships Aboriginal and Māori leaders have had with honours during the twentieth century. Building upon Cannadine's analysis, I examine the ways in which indigenous leaders navigated the political complexities involved in the offer of an honour, and how their acceptance of awards was received by others, shedding light on how honours systems intersected with post-war struggles for indigenous rights in the former dominions.     

Recategorizing ‘Public’ and ‘Private’ Property in Ghana

In the course of political struggle in northern Ghana, the classification of land and resources has shifted between the two ‘master categories’ of public and private. Despite the fact that master categories may be wholly inadequate in accounting for the actual complexity of property objects, social units and rights, they are not divorced from the agency of people who have something at stake. Laws, rules and by‐laws are referred to as important markers and fashion the local political struggles over the rights to and control over resources. This article offers a general account of conflicts and the recategorization of resources in the property system of small‐scale irrigation. It examines the logics and positioning of the different stakeholders, and discusses how different levels of public policy have provided opportunities for such changes. A case study presents the opportunity to examine the details of a particular controversy demonstrating the social and political powers involved in the recategorization of property.     

NGOs as Social Movements: Policy Narratives,Networks and the Performance of Dalit Rights in South India

Donor‐funded development NGOs are sometimes portrayed as co‐opting, privatizing or depoliticizing citizen action or social movements. This much is implied by the term ‘NGOization’. Alternatively, NGOs can be seen as bearers of rights‐based work increasingly threatened by tighter regulation or substitution by corporate social responsibility models of development. This article engages critically with both perspectives. It traces the role of NGOs and their funders in agenda setting, specifically in bringing the previously excluded issue of caste discrimination into development policy discourse in the form of a Dalit‐rights approach in Tamil Nadu, south India. The authors explore the institutional processes of policy making and NGO networking involved, the alliances, entanglements of NGOs and social movements, and the performativity of NGO Dalit rights. But at the same time, the article illustrates how NGO institutional systems have constrained or failed to sustain such identity‐based claims to entitlement. In Nancy Fraser's terms, the article explores success and failure in addressing ‘first‐order’ issues of justice, that is rights to resources (in this case, land), and in tackling ‘second‐order’ injustices concerning the framing of who counts (who can make a claim as a rights holder) and how (by what procedures are claims and contests staged and resolved). This draws attention to the important but fragile achievements of NGOs’ discursive framings that give Dalits the ‘right to have rights’.     

Está listo (Are you ready)? Gender,race and land registration in the Río Plátano Biosphere Reserve

Geographers and political ecologists are paying increased attention to the ways in which conservation policies disrupt indigenous customary tenure arrangements. However, much less attention is given to the particular ways protected area management shapes natural resource access for indigenous women. With this in mind, this article examines how a recently proposed state land project in Honduras, Catastro y Regularización, requires that Miskito residents individuate collective family lands in the interests of ‘sustainable development’ and ‘biodiversity protection’. In the debates that followed the project's announcement, Miskito women feared that such measures would erase their customary access to family lands. As the state's project seeks to re-order Reserve land, intra-Miskito struggles intensified among villagers. Such struggles are not only gendered but are shaped by longstanding processes of racialization in Honduras and the Mosquitia region. Drawing upon ethnographic research, I argue that Miskito women's subjectivity and rights to customary family holdings are informed by their ability to make ‘patriarchal bargains’ with Miskito men inside the Río Plátano Biosphere Reserve. Such findings suggest that scholars and policy makers continue to reflect on the ways global conservation and sustainable development practices may undermine indigenous customary tenure securities, whether intentionally or not.     

Whatever Happened to the Mother? A New Look at the Old Problem of the Mother's Brother in Three New Guinea Societies: Gimi,Daribi, and Iatmul

Kinship systems cannot be analysed as straightforward translations of the ‘facts of nature’ when those facts are limited to the production of a child by a heterosexual couple. Based upon analyses of three New Guinea societies (Gimi, Daribi, and Iatmul), I suggest that kinship systems take account – often by denying – certain ‘facts’ of human reproduction when those facts are extended beyond coitus and parturition to include both the very long period of infantile dependence upon one significant caregiver (always the mother in the societies in question and nearly universally) and the subsequent requirement for the child to be extracted from a dyadic maternal universe. Separation from mother is as critical to the survival and development of the individual as is the original prolonged and intense attachment to her. The question, then, is not whether indigenous peoples accurately understand coitus and conception – they do – but rather the ways in which they manipulate that knowledge in rules and rites of kinship in order to manage the growth and development of a child long after parturition. Rules of kinship and social relations neither ignore nor exist apart from theories of procreation as many anthropologists now claim. Rather, it is precisely because theories of procreation indicate and idealise the flow of bodily substance during coitus and pregnancy that they serve as organisational premises for social relations. The fact that kinship is a symbolic construction does not mean that it is wholly ideological nor, like a language, free to vary in ways that are arbitrary and unconnected to the ‘facts of life’ as Westerners understand them. Even when interlocutors openly deny such understanding and knowledge, especially of the male role in coitus and conception, evidence to the contrary is abundantly provided in myth, ritual, and indigenous theories of procreation. What kinship systems often do show, however, is a strategic denial of the role of the mother who, upon deeper understanding of indigenous concepts of procreation, turns out to be a ‘sterile vessel’ or without substantial contribution to her child. I illustrate this premise by extending earlier analyses of Gimi kinship and reexamining certain materials on neighbouring Daribi provided by Roy Wagner and on Iatmul peoples of the Sepik River as originally described in Naven by Gregory Bateson eighty years ago.     

Mungiki,Vernacular Organization and Political Society in Kenya

This article uses the concept of ‘political society’ as unfolded by the ‘subaltern studies’ in India to shed new light on present‐day political actors and democratic transitions in Africa. It discusses the political practices and discursive terrains of organizations within ‘really existing’ civil society that are based on identities and regarded as outside legitimate civil society. It looks at politics from below, taking the example of the 2007 elections in Kenya, and the role of Mungiki, an organization characterized by the intersection of class, generation, religion and ethnicity. Mungiki builds on Kenya's history and rich archive of indigenous popular culture. It originated in the early 1990s’ turmoil of ‘ethnic clashes’ and population displacement and now operates in rural and poor urban areas, providing income opportunities, service delivery and extortion/protection. During elections, sections of Mungiki have been recruited by political leaders and functioned as violent militia; concurrently, it seeks representation in formal and parliamentary politics. The organization is distinct from ‘respectable’ segments of Kenya's civil society who participate in NGO activities and mainstream churches. The article ends by calling for an inclusive and non‐normative approach to the study of state–civil society engagement that recognizes culturally based discourses and organizations when analysing the transitions to and the broadening of democracy in post‐colonial societies.     

Property and Authority in a Migrant Society: Balinese Irrigators in Sulawesi,Indonesia

Multiple definitions of resources as property lead to competition over legitimate authority between state and non‐state organizational and institutional arrangements. This article focuses on the overlapping and competing domains of the water users’ association, WUA, and the ‘traditional’ Balinese irrigators’ institution, subak. While the former is backed up by the power of state regulation and administration, the latter derives legitimacy from Balinese irrigators. The author presents a case study of the establishment and transformation of property rights in an irrigation‐based Balinese migrant society in Indonesia; he concludes that, in the ongoing process of competition for authority and mutual adjustment, both institutions undergo important transformations.     

Temporal Patterns and Effects of Surface‐Water Diversions on Daily Flows and Aquatic Habitats: Bega‐Bemboka River,New South Wales,Australia

An understanding of the nature and magnitude of hydrological, physical habitat and physico‐chemical effects resulting from surface‐water diversions in river systems is essential for effective management of water resources. For most coastal‐draining rivers in New South Wales, however, there are few data available on irrigation diversions, their hydrological impacts and environmental effects. This paper therefore presents an analysis of mean daily surface‐water diversions for pasture irrigation from approximately three years of metered data and the resultant effects on daily flows and aquatic habitats in the Bega‐Bemboka River. The period of analysis of the hydrological effects of irrigation diversions is extended to the full length of record (approximately five years) for gauging stations most affected by irrigation diversions, using Maintenance of Variance Extension Type 1 (MOVE.1) modelling techniques. The annual mean, median and peak daily rates of water diversion by metered surface‐water licences used to irrigate 925 ha of dairy pasture are 10.5 Ml d^?1, 7.3 Ml d^?1 and 41.5 Ml d^?1, respectively. Diversion effects on flow duration statistics are such that the measured 90th and 95th daily flow duration percentiles at the gauging station most affected by upstream irrigation diversions are equivalent to the 97th and 99th flow duration percentiles, respectively, under MOVE.1 modelled natural flow conditions. While diversions for irrigation over the three‐year data period account for only 6.6% of total flow volumes, diversions as a proportion of daily surface‐water inflows increase exponentially under decreasing flow rates. Median and maximum daily diversion rates attain 91% and 118%, respectively, of total surface‐water inflows to the diversion‐affected reach when upstream inflows range from 15 to 20 Ml d^?1. This exponentially‐increasing relationship between daily diversion rates and declining surface‐water inflows suggests that ‘rule of thumb’ guidelines on sustainable diversion limits based on mean or median annual percentage diversion volumes need to be applied cautiously to river systems with no or limited capacity to manipulate flows to meet downstream consumptive demands.     

Conflict in Water Use in Victoria,Australia: Bolte's Divide

In 1964, the Premier of Victoria, Australia, Henry Bolte, announced that, in order to protect irrigation interests in the north of the state, he would prevent Melbourne from developing new water resources from the north of Victoria's Great Divide. Neither the water resource needs of Melbourne, the need for irrigation development nor the changing economic structure of the state provides a satisfactory explanation for this decision. Instead, Bolte's policy appears simply to have provided a means of improving the parliamentary position of the Victorian Liberal government. Bolte's principle has never been formally revoked and continues to influence water resource planning in the state. In order to make the most appropriate use of Victoria's limited natural resources, it is imperative that ‘Bolte's divide’ should not continue to influence future resource development and allocation.     

The Micropolitics of Indigenous Environmental Movements in the Philippines

Indigenous movements face what Stuart Kirsch has called the ‘risks of counterglobalization’, which can distort their objectives into an all‐or‐nothing position with respect to development. In this contribution, I explore a case from the Philippines, where a movement originally conceived in terms of indigenous rights grew to include a more diverse mix of constituents and claims. This trajectory has made the movement vulnerable to charges of inauthenticity, particularly since the corporation it opposes has sponsored a parallel indigenous group and fashioned itself as the noble custodian of a threatened marine ecosystem. Nevertheless, the movement's constituents do not evaluate their activities exclusively in terms of its formal objectives or identity politics. For them, organized protest is entangled with the ‘serious games’ of everyday life, including, for example, local elections, struggles to achieve upward social mobility and efforts to redefine ethnic identity. As a result, some constituents see their involvement primarily as a claim to socioeconomic parity and others as a pursuit of the exceptional rights that indigeneity confers. Without attention to such local‐level variation, we risk obscuring some of the most important motives and outcomes of indigenous movements — and, as a result, we may overlook the alternative visions of socio‐environmental justice that emerge from their day‐to‐day struggles for livelihood, dignity and empowerment.     

(RE)MAPPING INDIGENOUS ‘RACE’/PLACE IN POSTCOLONIAL PENINSULAR MALAYSIA1

ABSTRACT. This paper focuses on how indigeneity has been constructed, deployed and ruptured in postcolonial Malay(si)a. Prior to the independence of Malaya in 1957, British colonial administrators designated certain groups of inhabitants as being ‘indigenous’ to the land through European imaginings of ‘race’. The majority, politically dominant Malays were deemed the definitive peoples of this geographical territory, and the terrain was naturalized as ‘the Malay Peninsula’. Under the postcolonial government, British conceptions of the peninsula were retained; the Malays were given political power and recognition of their ‘special (indigenous) position’ in ways that Orang Asli minorities—also considered indigenous ‐ were not. This uneven recognition is evident in current postcolonial political, economic, administrative and legal arrangements for Malays and Orang Asli. In recent years, Orang Asli advocates have been articulating their struggles over land rights by drawing upon transnational discourses concerning indigenous peoples. Recent judicial decisions concerning native title for the Orang Asli potentially disrupt ethno‐nationalist assertions of the peninsula as belonging to the ‘native’ Malays. These contemporary contests in postcolonial identity formations unsettle hegemonic geopolitical ‘race’/place narratives of Peninsular Malaysia.