Pluralising political legitimacy

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy.     

‘Sane’ and ‘insane’ imperialism: British idealism,new liberalism and liberal imperialism

It is contended that British Idealists, New Liberals and Liberal Imperialists were all in favour of imperialism, especially when it took the form of white settler communities. The concession of relative autonomy was an acknowledgement of the potential of white settler communities to go the way of America by severing their relationship with the Empire completely. Where significant differences emerge in their thinking is in relation to non-white territories in the Empire where native peoples comprised the majority, and the British Government and its agents administered in trust ‘lower’ peoples on the scale of civilisation with the ostensible goal of guiding them towards self-determination in the Empire. The differences in degree of commitment to these ideals were largely expressed in terms of the pejorative categories of ‘sane’ and ‘insane’ imperialism, which were flexible and manipulated for political gain, rather than analytic precision. Liberal Imperialists and New Liberals were opposed to each other in terms of the degree to which they supported imperialism, whereas British Idealists aligned themselves on both sides of the divide.     

Shifting Sands: Towards an Anthropological Praxis

This paper reflects on some of the dilemmas within my shifting roles over the last twenty years as helper/friend/member of the Katherine Indigenous community in the Northern Territory of Australia and then, as anthropologist. During this period, indigenous calls for land rights have been increasingly interpreted in the terms of ‘bourgeois law’ (Collier et al. 1995). Indigenous identities have become the focus of intense public scrutiny as they define eligibility for scarce resources. Fighting over the scraps of what was once a wholistic indigenous landscape, some of Australia's indigenous peoples have begun to turn upon each other, in the struggle for recognition. Anthropologists as the scribes of indigenous identities are placed in invidious positions, and are easily accused of participating in (neo)colonial endeavours. This paper takes some small steps towards locating an anthropological praxis in this land rights/native title arena of power.     

Unstable properties: British Columbia,aboriginal title,and the “new relationship”

In the span of a few years, Premier Gordon Campbell transformed himself from a strong political critic of Aboriginal peoples in British Columbia to their apparent champion within a “new relationship.” The subsequent sudden collapse of Campbell's alliance with First Nations is a window into federal‐provincial relations, constitutional change, Aboriginal political organization, and the consequences of decisions made more than a century ago. Drawing on Nietzsche, we argue that Campbell's intentions, either to control or support Aboriginal peoples, were almost irrelevant; our focus should be on the “will to power” and efforts to stabilize power through territory. As a result of the collision of Aboriginal political mobilization, the expansion of natural resource development, and a series of court decisions, the unresolved nature of Canada's territorial claim to most of the land that is now British Columbia has finally reached a point where it can no longer be ignored, either politically or legally. However, the province lacks the legal authority to recognize or deny Aboriginal title, leaving the provincial government and indigenous peoples in British Columbia equally held hostage by the federal government.     

Situating Local Events in Geo-Political Struggles between the British and Japanese Empires: The Politics of Zo Participation during the Second World War

The Indo-Burma frontier witnessed one of the fiercest battles of the Second World War. Geographically considered as ‘impenetrable’, the jungle-clad mountainous frontier was part of what was constitutionally known as the ‘Excluded Areas’ or ‘Scheduled Areas’ and directly administered by the governor of Burma. It was an important field for Christian missions, where combined colonial-missionary efforts, albeit not at all time, established Christianity and western education from the late nineteenth century. This article argues that, amid enticing propaganda from the Japanese, it was from these indigenous peoples of the Indo-Burma frontier that the British generated their ‘staunch allies’ who, as ‘irregulars’ or ‘levies’, gathered intelligence, worked behind the enemy lines, performed prodigies of valour and paid heavy prices for the cause of their colonial masters. However, at the end of the day, the British did not keep their promised to protect the interest of their staunch allies by undermining their constitutional status as ‘Scheduled Areas’ and rather compromised with the Burman nationalists. This article is a case study of the Zo (Chin) of Chin Hills in western Burma. It is an attempt to situate local events in the geo-political struggles between the British and Japanese empires and wider political implications in the context of building post-war Burma which has often been overlooked in existing historiography of the Second World War.     

Nationalising indigenous peoples,legalising indigenous lands: a (post)colonial critique of the land demarcation process in Brazil by the analysis of the Guarani-Mbyá case

The Brazilian 1988 constitution recognises indigenous peoples as ‘first and natural owners of Brazilians land’ and the 231st Article ensures their right to special territories where they could live their culture and traditions without colonising presence. The authentication of these territories, however, requires Public Power promotion, which lies on colonising, juridical accounts and depends on anthropological, scientifically historical research. Our argument here is that the bureaucratisation of the land demarcation process is only possible within a context of epistemological advantage of science, i.e. modernity, which ignores indigenous territory and time conceptions. We will also argue that this bureaucratisation has been contributing to the (neo)colonisation of the territory by retarding the recognition and protection of indigenous rights.     

Decolonising,Multiplicities and Mining in the Eastern Goldfields,Western Australia

In this ‘postcolonial’ era, peoples and places around the globe continue to face ongoing colonisation. Indigenous peoples in particular experience colonisation in numerous forms. Despite recent attempts to ‘decolonise’ indigenous spaces, hegemonic systems of production, governance and thinking often perpetuate colonial structures and relationships, resulting in further entrenched colonisation or ‘deep colonising’ (Rose, 1999). The interface between indigenous communities and the mining industry provides fertile ground for the tensions emerging between decolonising and deep colonising. Gold mining operations at Placer Dome's Granny Smith mine in the Eastern Goldfields of Western Australia present a valuable case study for examining this tension. Changes taking place at the mine site are decolonising in intent, though outcomes may be deep colonising in effect. Recent discussions among cultural geographers over meanings of place, Ollman's (1993) notion of vantage point and a broadly postcolonial literature inform consideration of this tension. Acknowledgment and incorporation of multiple vantage points into new resource management systems allows current hegemonic approaches to be rethought, and provides insights for the shift towards genuinely decolonising processes.     

Mare Nullius: Indigenous Rights in Saltwater Environments

This article uses two case studies to illustrate the subjection of indigenous peoples’ marine territories to a ‘double jeopardy’ of exclusion — jurisdictional and proprietary — through the legal and administrative practices of European ‘settler’ states in Australia and Canada. While the fiction of terra nullius as a legal rationale for refuting indigenous rights of property and governance has steadily eroded in recent decades, its counterpart mare nullius has proven, so far, more resistant. The authors examine how state conceptions of jurisdiction, property and boundary‐making in coastal areas accomplish the distortion and fragmentation of the coastal and marine spaces of Torres Strait Islanders in northern Queensland, Australia, and of the Cree and Inuit peoples of James and Hudson Bays in northern Que´bec, Canada. Assumptions of land–sea continuity underlie these peoples’ cultural constructions of coastal and marine environments. In examining the progress that each has made in reasserting ownership and control of coast and sea, it seems that recognition and reinforcement of their institutions for managing marine spaces and resources offer the best prospect for reconnecting fractured jurisdictional domains, and for bringing about social equity, environmental protection, and self‐determined regional development.     

Tourists,sailors and labourers: A survey of early labour recruiting in Southern Melanesia

Abstract

This essay explores missionary allegations about slave‐dealing in Fiji, and their acceptance by British officials, as cultural responses to sexual relationships between indigenous women and white men. It also examines the imperial implications of ‘the culture of anti‐slavery’, whereby rhetoric about the enslavement of non‐European women became a rationale for attempted legal intervention in the mixed‐race community of Levuka. Finally, it considers how humanitarian rep resentations were contested, then appropriated, by one of the objects of their disapproval: a ‘lawless’ white man from Levuka. William Nimmo's response to the anti‐slavery proclamation gives us valuable information about Levuka's growing self‐definition as a community, and its attempts to control behaviour within its ranks. Using the ‘Christianisation and civilisation’ argument as successfully as the missionaries had, Nimmo and his friends sought recognition and respect from British authorities who seemed biased toward the missionary point of view, while making their own bid for official support in Fiji.     

Land,Life and Labour: Indo‐Fijian Claims to Citizenship in a Changing Fiji

Since the coup of May 2000 an estimated 24,000 Indo‐Fijians have left Fiji, the majority of them moving to Australia, New Zealand, Canada and the US. Those who remain in Fiji have faced increasing marginalisation as the government of Prime Minister Qarase has proposed significant reforms to both the administration of land and Constitutional arrangements of political representation. The situation has been further compounded through Qarase's recently proposed ‘Unity Bill’, which would grant amnesty to some of those responsible for the 2000 coup. These reforms are all part of an effort to ensure the ‘paramountcy’ of indigenous Fijians as well as to limit Indo‐Fijian participation in Fijian national politics. In this paper, I employ Greenhouse's concept of ‘empirical citizenship’ to analyse Indo‐Fijian responses to their political marginalisation in Fiji. After considering how national identities and sentiments of belonging are expressed in Indo‐Fijian discourse through the symbolic inter‐connection of the land and the Indo‐Fijian body, I argue that even if Indo‐Fijians are openly willing to recognize indigenous Fijian supremacy in national politics and the project of nation‐making, assertions of their right to live and labour on Fijian land constitute claims to ‘citizenship’ that are highly contestable in Fiji's current political climate.     

‘Moving a little with the tide’: Malay monarchy and the development of modern malay nationalism

From the early twentieth century, the ideological hegemony of Malay monarchy has been challenged by emerging Malay nationalism. Despite the more radical manifestations, however, nationalism has rarely sought to overturn monarchy. Indeed, monarchy and nationalism have co-existed, sometimes uneasily, until the present. This co-existence has been facilitated by a number of factors, not least the linkages between the two: during the colonial period and beyond many prominent nationalists came from aristocratic, even royal backgrounds, while the Malay Rulers themselves were prepared to give their patronage to conservative forms of nationalism. Mutual interest in maintaining political and religious conservatism, nevertheless, has not prevented periodic disputes between princes and politicians as the two have competed for the loyalty of the Malay community. Despite such controversies, the continuing hold exercised by monarchy over Malays has placed a limit on the extent to which the Rulers have been supplanted by alternative representations of loyalty and identity. The ability of Malay monarchy to ‘move a little with the tide’, moreover, has assisted its weathering of the nationalist challenge during Malaya's transition from colonialism to independence.     

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.     

“You Cannot Measure a Tzuultaq'a”: Cultural Politics at the Limits of Liberal Legibility

Abstract: In the past two decades, many Latin American nations emerged from twin crises of debt and dictatorship towards an uncertain marriage of fragile democracies and neoliberal policies. The focus of this article is on recognition for a limited set of rights for indigenous peoples known as neoliberal multiculturalism. Through a case study of a sacred place declaration by Q’eqchi’ Maya activists in rural Guatemala, I show the limits of liberal legibility. If an organized group in struggle engaged with the neoliberal state on its terms, their goals and actions would necessarily be circumscribed to its limited scope for recognition. In this case, however, multicultural neoliberalism did not encompass the full spectrum of Q’eqchi’ political activism. I argue that Q’eqchi’ cultural politics goes beyond neoliberal limits, using spirituality and territoriality to signal a broader politics of transfiguration.     

The Stalk that Supports the Flower: Orang Rimba Kinship,Marriage and Gender in Jambi Sumatra

This article examines Orang Rimba kinship, marriage and gender relations in the Bukit Duabelas region of Jambi, Sumatra. Orang Rimba social organization, its terms and concepts, primary kinship relations, use of botanic metaphor and key structural contrasts demonstrate their ties to Malay and Austronesian‐speaking peoples throughout the region. The manner in which these concepts are applied is very different, and is arranged in a way to fit their unique way of life in the forests. Some of the broader differences relate to their mobile economy, small and dispersed camps, and asymmetrical relations of affinity, which take place in the context of egalitarian social relations. This results in a set of social relationships not unlike many of the bride service societies throughout the world. Orang Rimba women have great rights over forest resources, yet are restrained in their interactions with men and outsiders by rigid gender relations.     

Impersonating a Voter: Constructions of Race,and Conceptions of Subjecthood in the Franchise of Colonial New South Wales,c. 1850–1865

ABSTRACT

This article investigates the treatment of Aboriginal Australians as politically entitled subjects within New South Wales during that colony's first elections under ‘universal’ male suffrage. Using the case of Yellow Jimmy, a ‘half-caste’ resident prosecuted for impersonating a white settler at an election in 1859, it examines the uncertainties that surrounded Aboriginal Australians’ position as British subjects within the colony's first constitutions. By contrast to the early colonial franchises of New Zealand and the Cape – where questions of indigenous residents’ access to enfranchisement dominated discussions of the colonies’ early constitutions – in the rare instances in which indigenous men claimed their right to vote in New South Wales, local officials used their own discretion in determining whether they held the political entitlements of British subjects. This formed a continuity with the earlier treatment of Aboriginal Australians under settler law, where British authority and imperial jurisdiction was often advanced ‘on-the-ground’ via jurists and administrators rather than via the statutes or orders of Parliament or the Colonial Office.     

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.     

COMMUNITY AND THE ESTABLISHMENT OF SOCIAL ORDER ON THE CANADIAN FRONTIER IN THE 1840s AND 1850s: AN ENGLISH IMMIGRANT’S ACCOUNT

Abstract

This article draws on the letters of a young immigrant doctor, Francis Codd, who arrived in British Canada in the I84os. Many of the one million migrants, mainly of British and Irish origin, who arrived in Canada in the mid-I9th century, benefited from the availability of land and absence of social barriers to mobility. This enabled them to think and feel like citizens of the new country,in a way denied them at home. Francis Codd’s account throws light on the part played by the appreciation of nature and ‘wilderness’ in this process, as well as describing the beginnings of a new civil society and the development of ‘community’ institutions. However, at the same time as a ‘Canadian’ identity was being constructed for the white settler population, that of the indigenous population was accorded little recognition or respect.     

Returning home: heritage work among the Stl’atl’imx of the Lower Lillooet River Valley

This article focusses on heritage practices in the tensioned landscape of the Stl’atl’imx (pronounced Stat-lee-um) people of the Lower Lillooet River Valley, British Columbia, Canada. Displaced from their traditional territories and cultural traditions through the colonial encounter, they are enacting, challenging and remaking their heritage as part of their long term goal to reclaim their land and return ‘home’. I draw on three examples of their heritage work: graveyard cleaning, the shifting ‘official’/‘unofficial’ heritage of a wagon road, and marshalling of the mountain named Nsvq’ts (pronounced In-SHUCK-ch) in order to illustrate how the past is strategically mobilised in order to substantiate positions in the present. While this paper focusses on heritage in an Indigenous and postcolonial context, I contend that the dynamics of heritage practices outlined here are applicable to all heritage practices.     

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.     

Land Tenures as Policy Instruments: Transitions on Cape York Peninsula

Over the last four decades, Australia's most remote marginal lands have provided an expansive space towards realisation of emergent national goals, involving recognition of Aboriginal land rights together with protection of ‘wilderness’ and semi‐natural ecosystems. This has been achieved by the revival of land tenures as instruments for the delivery of public policy, requiring innovative federal and state legislation, often driven by judicial determinations. More so than any other bioregion, Cape York Peninsula has experienced radical shifts in landownership, land titles, and property rights, reflecting its pivotal role as an arena in which emerging national goals are contested. The most immediately visible evidence of these changes is depicted in the tenure maps for 1970, 1990, and 2010. However, these maps provide an incomplete account of tenure changes, including new titles such as non‐transferable communal freehold and common‐law recognition of traditional native title, requiring belated responses by state and federal governments. The three benchmark maps provide a starting point for an examination of the currently resurrected role of land titles and land rights as policy instruments. The time‐specific attributes of each tenure category are discussed and linked to the policies underpinning each tenure and to the communities, political constituencies, resources, enterprises, and national values engaged with each tenure. Land titles and land rights are pivotal in political contests about regional futures, with the peninsula acting as a crucible in shaping wider national directions.