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.     

Property Rights and the Environment in Pastoral China: Evidence from the Field

It is widely perceived that the degradation of China’s rangelands has accelerated since the introduction of rural reforms in the late 1970s. The popular explanation for this phenomenon has been that a ‘tragedy of the commons’ exists, as privately‐owned livestock are being grazed on ‘common’ land. Since the passing of the Rangeland Law in 1985, Chinese pastoral tenure policy has emphasized the establishment of individual household tenure as a necessary condition for improving incentives for sustainable rangeland management. Yet household tenure has yet to be effectively established in many pastoral regions. The first objective of this article is to describe pastoral tenure arrangements in northern Xinjiang‐Uygur Autonomous Region. Its second objective is to explain pastoral tenure arrangements, particularly the observed persistence of collective action. It is argued that there is no ‘tragedy of the commons’ and that it is characteristics of rangeland resources and the social environment that give rise to the particular types of institutional arrangements found.     

The State,the Rebel and the Chief: Public Authority and Land Disputes in Assam,India

Based upon an ethnographic study of two land disputes in the rural Assamese district of Karbi Anglong (India), this article challenges the idea that the entry of new institutional players, with their multiple sets of rules, inevitably leads to open institutional conflict. Although a wide range of political actors are involved in the regulation of land tenure in Karbi Anglong, they cannot be regarded as institutional structures ready to undercut one another. As in other parts of Northeast India, none of the claimants of public power involved —‘the state’, ‘the rebel’ or ‘the chief’— attain full sovereignty, which forces them to exercise authority predominantly through practices of negotiation and accommodation, and only selective contestation. If open institutional conflict does occur, as in the Dhansiri forest and the Singhason plateau cases studied here, this is due to the fact that one of the institutional players has overstretched and attempted to exercise authority beyond its realm of power. This article thus argues for a more agency‐oriented method of analysis in the study of land relations. The focus on everyday interactions between ‘the state’, ‘the rebel’ and ‘the chief’ in Karbi Anglong is a first attempt in that regard.     

Making Law Work: Restructuring Land Relations in Africa

This article explores a number of issues concerning the appropriate role for the law to play in the restructuring and reform of land relations and land tenure in Africa. Given current (external) donor tendencies, and (internal) pressures for reform from within, this is a particularly topical issue: in seeking to explore it, the author draws on his own experiences and involvement in land law reform, as well as other sources of information, concentrating on countries and events in Eastern and Southern Africa. After examining various models and country experiences, the article concludes that, while there is no single ‘right way’ to tackle land tenure reform in Africa, there are a number of factors which may be crucial to success, and in which the law—and lawyers—can play a vital role.     

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.     

Gendered frontiers of land control: indigenous territory,women and contests over land in Ecuador

Agricultural and rural land has become the site of considerable policy, governmental and scholarly concern worldwide because of violence and dispossession, food insecurity and contests over private property regimes. Such issues are highly gendered in territories with majorities of indigenous populations where overlapping legal regimes (statutory, multicultural, customary) and histories of dispossession have created complex spatialities and access patterns. States' formalization of indigenous rights, neoliberal restructuring and land appropriation are the backdrop to Ecuadorian women's struggles to access, retain and pass on land. Despite a burgeoning literature on Latin American indigenous territories, women are often invisible. Using collaborative research among two indigenous nationalities, the article analyses the political–economic, legal and de facto regimes shaping women's claims to land and indigenous territory. Focusing on Kichwa women in the rural Andes and Tsáchila women in a tropical export-oriented agricultural frontier area, the article examines the criteria and exclusionary practices that operate at multiple scales to shape women's (in)security in tenure. Women's struggles over claims to land and territory are also discussed. The article argues that Latin America's fraught land politics requires a gendered account of indigenous land–territoriality to unpack the cultural bias of western feminist accounts of multiculturalism and to document the racialized gender bias across socio-institutional relations.     

Declining Food Security in a Philippine Oil Palm Frontier: The Changing Role of Cooperatives

The long‐held redistributive function of agricultural cooperatives — one of moral economy and poverty alleviation — has changed dramatically as they emerge as core brokers for agro‐industrial development in the so‐called ‘green economy’. This article examines the changing role of cooperatives involved in brokering oil palm production and its impact upon the food security and livelihoods of smallholders who labour in plantation regimes situated in historically uneven agrarian political economies. Findings show how, increasingly, cooperatives reinforce uneven agrarian social relations of production and exchange in which indigenous smallholders experience loss of land, poor wage labour conditions tinged with insecurity and prejudice, and mounting debt in an expanding oil palm complex. The article suggests that these changes in agrarian social relations negatively influence indigenous farmers’ food security pathways, with their access to and use of appropriate foods diminishing. It asserts that understanding the impacts of cooperatives on food security pathways requires a relational and situated analysis of livelihood change and agrarian relations in extractive frontiers.     

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.     

Communal Tenure and Rural Poverty: Land Transactions in Svosve Communal Area,Zimbabwe

The idea of communal tenure has formed a key plank in the rural governance of Zimbabwe since independence, but its retention following the Fast Track land reforms of 2000–2002 perpetuates a distinction between ‘commercial’ land governed by a land market and ‘communal’ land on which market transactions are illegal. This article draws on recent research in Svosve Communal Area to examine the dynamics of land access and their implications for rural poverty in Zimbabwe. The authors argue that, as in many other parts of Africa, access to land governed by customary authority in Svosve is increasingly commoditized via informal, or ‘vernacular’, sales or rental markets. In failing to acknowledge and address this commoditization of land, the ‘communitarian’ discourse of customary land rights that dominates the politics of land in Zimbabwe — as elsewhere in much of Africa — undermines, rather than protects, the livelihoods of the rural poor.     

Commodification of indigenous crafts and reconfiguration of gender identities among the Emberá of eastern Panama

This article examines the recent involvement of Emberá indigenous women from eastern Panama in the production and commercialization of handicrafts for national and international markets, using life stories collected in two Emberá communities. Emberá women's increased participation in market economies provides a critical medium through which dominant norms of gender roles are partly reworked and new subjectivities are forged, providing them temporary spaces of authority from within to negotiate relationships with men in domestic spaces. The study does not look for obvious shifts of power inside the household. Instead, it conceptualizes handicraft activities and the conflicts they spark as discursive sites, thus focusing on how women (through their work and purchases) understand themselves and their roles, and how power operates through competing discursive constructions of ‘women’, ‘men’, or ‘work’ in everyday practices. This approach produces a nuanced understanding of the complex reconfiguration of gender relations, and the particular shapes that changing social interactions and meanings of femininity/masculinity take, and it challenges dominant representations of indigenous societies as static and inexorably harmed by capitalist transformation. Findings demonstrate that indigenous women's experiences and realities are multifaceted and dynamic, and that the outcomes of market economies in indigenous communities are complex and ambiguous, rather than uniform and necessarily oppressive.     

Development at the Edge of Difference: Rethinking Capital and Market Relations from Lugu Lake,Southwest China

This paper rethinks the relationships between capitalist development in indigenous places and the fabric of local differences and specificities. It first develops a critical appraisal of the celebration of ethnic identities, local agency and indigenous knowledge in existing literatures. It suggests that, based on such insights, we can further envision the possibility of questioning and problematising the ontology and concept of the capitalist economy. Above all, this paper is interested in non-capitalist factors percolating into capitalist economies and creating fissures in their logical and ontological coherence. It examines how capitalist economies depend on local specificities to achieve particular configurations. We elucidate this argument with a case study of indigenous development in Lugu Lake, Southwest China, which is inhabited by the ethnic Mosuo people. Through the dual lenses of land and labour, we pay special attention to the transition from grassroots development initiatives to heavy dependence on exogenous capital and entrepreneurs.     

Wood Chipping of Indigenous Forest on Private Land in New Zealand 1969–1993

In recent decades the international wood chip industry has been the major cause of indigenous forest destruction in New Zealand. This paper analyses how changing state forest policies have affected wood chipping of indigenous forest. Emphasis is placed on wood chipping on private land through a case study of the reactions and changing attitudes of farmers. It is argued that farmers and Maori landowners often have no other alternative but to allow wood chipping on their land. Although government policies have been tightened in recent years, and although attitudes among private landholders are shifting towards forest conservation, the pressure on New Zealand's lowland indigenous forest remnants continues unabated.     

Shifting landscapes. Heterogeneous conceptions of land use and tenure in the Lima valley

This essay argues that Andean and Spanish agents both brought a spectrum of understandings of land tenure and land use to their colonial interactions. After a critical survey of what is known about practices in the Andes and Iberia prior to conquest, it turns to specific cases of property conflict and entangled definitions in the sixteenth and early seventeenth centuries in the Rimac Valley, Peru. There heterogeneous definitions of both use and tenure often coexisted, either as forms that communities and individuals could shift between depending upon venue or listener, or as multiple hybrid varieties that eventually produced a common language of property. Finally, the case of urban property, new to the indigenous Rimac Valley, is discussed with an eye to the learning curve wherein indigenous homeowners came to an understanding of the meaning of their lots. These cases, taken together, demonstrate that, rather than supplanting or conflicting, indigenous and Spanish agents often constructed an entangled landscape of property relations, at least until Spanish control of the valley became more hegemonic.     

(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.     

Reassembling the household for Icelandic archaeology: a contribution to comparative political economy

SUMMARY: Between the 11th and 19th centuries, household archaeology in Iceland comprises rural, dispersed farmsteads notable for their boundedness and stability, suggesting productive and reproductive autonomy. Insights from Actor-Network Theory and entanglement theory help ‘disassemble’ this assumption by shifting our focus first to the agencies, flows and dependences that comprise a political economy without assuming the household’s relations of production a priori. Architecture, settlement patterns, landscape and midden accumulations from the Langholt region in Skagafjörður, North Iceland, along with historical data illustrate that households in Iceland are actually marked by social dissolution, alienation and instability through dramatic political-economic dis- and re-assembling which in turn produces the stability in the material manifestation of the household. These data caution against a simple relationship between the household and archaeological farmstead, and suggest that measures of dependency and instability are critical to a comparative method for unravelling entanglements between capitalist and non-capitalist political economies.     

‘Best Practice’ Options for the Legal Recognition of Customary Tenure

Is there a ‘best practice’ model for the legal recognition of customary tenure? If not, is it possible to identify the circumstances in which a particular model would be most appropriate? This article considers these questions in the light of economic theories of property rights, particularly as illustrated by the World Bank's 2003 land policy report. While these theories have their flaws, the underlying concept of tenure security allows a typological framework for developing legal responses to customary tenure. In particular, this article suggests that the nature and degree of State legal intervention in a customary land system should be determined by reference to the nature and causes of any tenure insecurity. This hypothesis is discussed by reference to a wide variety of legal examples from Africa, Papua New Guinea and the South Pacific. The objective is not to suggest that law determines resource governance outcomes in pluralist normative environments, but to improve the quality of legal interventions in order to assist customary groups to negotiate better forms of tenure security and access to resources.     

The Double Movement of Immovable Property Rights in Papua New Guinea

ABSTRACT

Papua New Guinea (PNG) is one of many countries around the world where the relationship between customary land tenure and economic development has been hotly debated for a long time. A commonplace of the debate in PNG is that 97% of the nation's land is held under customary tenure, while only 3% has been alienated, and these proportions have not changed since the country became independent in 1975. This paper shows that the boundary between customary and alienated forms of land or immovable property was already showing signs of instability in the late colonial period, and this instability has been greatly magnified in the post-colonial period. The areas of land subject to some form of partial alienation have increased along with the ways and means by which immovable property has been ‘mobilised’, while a variety of customary claims to previously alienated areas have grown stronger over the same period. Although Karl Polanyi's idea of a ‘double movement’ can throw some light on this phenomenon, the PNG case also reveals a new side to the application of this concept.     

Indigenous migrants negotiating belonging: Peticiones de cambio de fuero in Cajamarca,Peru, 17th–18th centuries

Prehispanic corporate social units in northern Peru, the pachacas or ayllus and the guarangas, continued to structure social life in Cajamarca throughout the Spanish colonial period. They were restructured by Spanish rule, as they had been by the Inca conquest before. Spanish rule also reshaped indigenous migration and the social categorization of the migrants, which was closely intertwined with the regime of land tenure. This article takes a look at the integration of new and old migrants and their descendants into the local social structure and examines how they negotiated their belonging in petitions to change or defend their fuero. The petitioners successfully argued on the basis of their ancestry, whether legitimate or not, and activated personal networks on their behalf. In that, they paralleled mestizo and mulatto petitioners who, like migrants, benefited from fiscal prerogatives, which were however challenged during the course of the 18^th century, leading to a partial re-categorization. The redistribution of land was an important motive in these late colonial re-categorizations, but also earlier in the colonial period the absence of bonds to the land was an essential characteristic of being categorized as a ‘migrant.’     

Gendered struggles over land: shifting inheritance practices among the Serer in rural Senegal

Although women’s land rights are often affirmed unequivocally in constitutions and international human rights conventions in many African countries, customary practices usually prevail on the ground and often deny women’s land inheritance. Yet land inheritance often goes unnoticed in wider policy and development initiatives to promote women’s equal access to land. This article draws on feminist ethnographic research among the Serer ethnic group in two contrasting rural communities in Senegal. Through analysis of land governance, power relations and ‘technologies of the self’, this article shows how land inheritance rights are contingent on the specific effects of intersectionality in particular places. The contradictions of legal pluralism, greater adherence to Islam and decentralisation led to greater application of patrilineal inheritance practices. Gender, religion and ethnicity intersected with individuals’ marital position, status, generation and socio-ecological change to constrain land inheritance rights for women, particularly daughters, and widows who had been in polygamous unions and who remarried. Although some women were aware that they were legally entitled to inherit a share of the land, they tended not to ‘demand their rights’. In participatory workshops, micro-scale shifts in women’s and men’s positionings reveal a recognition of the gender discriminatory nature of customary and Islamic laws and a desire to ‘change with the times’. While the effects of ‘reverse’ discourses are ambiguous and potentially reinforce prevailing patriarchal power regimes, ‘counter’ discourses, which emerged in participatory spaces, may challenge customary practices and move closer to a rights-based approach to gender equality and women’s land inheritance.