Front and Back Covers,Volume 24, Number 2. April 2008

Front cover and back cover caption, volume 24 issue 2 Front cover Front cover: Front cover The front cover of this issue illustrates Peter Loizois' article on the work of filmmaker Robert Gardner. The Hamar woman in the photo bears marks of whipping, a subject which raised the first divisions between Gardner and anthropologists Ivo Strecker and Jean Lydall, as Gardner was inclined to see the practice as a facet of female subordination and male cruelty. The Streckers, after many years of research, took a different view, which can be grasped in Jean Lydall's article ‘Beating around the bush’ (see http://www.uni-mainz.de/organisationen/SORC/fileadmin/texte/lydall/Beating ) Gardner makes clear his feelings in this note, highlighted in his book The impulse to preserve: ‘Editing the Rivers of sand imagery made a huge impression on me. I kept being reminded that I especially disliked Hamar man and I don't think I would have felt differently had there been no Women's Movement. I don't see how anyone can escape feeling the same way once they see the film. It was a painful life for both sexes. So why not say so? I don't think anthropology is doing its job by being value free. I do think it should accept responsibility to look for larger truths.’ (Robert Gardner 2006, The impulse to preserve: Reflections of a filmmaker, New York: Other Press, p. 158) Back cover Back cover: UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES The back cover illustrates Paul Oldham and Miriam Anne Frank's article in this issue on the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. The Declaration sets the minimum international standards for the promotion and protection of indigenous peoples' rights. The display boards capture the historic moment on 13 September 2007, when UN member states overwhelmingly supported the adoption of the Declaration at the General Assembly's 61st session. Votes in favour of the Declaration are shown in green (143 + 1 not shown), abstentions in orange (11) and votes against in red (4). With the exception of Montenegro, whose vote in favour did not register on screen, absent or non-voting states are blank. Such overwhelming support within the General Assembly was by no means guaranteed — it was the outcome of lengthy and delicate behind-the-scenes negotiations. Expectations that the Declaration would be adopted in December 2006 were dashed when the African Group of countries blocked it, claiming that, despite 23 years of negotiations, more time was needed for consultation. In the ensuing period, Mexico, Peru and Guatemala, as co-sponsors of the Declaration, took the lead in negotiating an agreement with the African Group that they would support a Declaration with three main amendments, and would block other amendments or delays put forward by Australia, Canada, the US and New Zealand. The co-sponsors then sought agreement to this amended Declaration from the Global Indigenous Peoples' Caucus, who engaged in their own worldwide consultation process with indigenous peoples' organizations. The outcome remained uncertain, however, until these giant screens in the UN General Assembly Hall finally flashed green, to spontaneous applause from the delegates and their supporters. Since anthropologists work with indigenous peoples worldwide, this historic vote raises the challenge of how they, individually and as a discipline, position themselves in relation to the new Declaration.     

Indigenous free prior informed consent: a case for self determination in World Heritage nomination processes

Free prior informed consent is a critical concept in enacting the rights of Indigenous People according to the United Nations Declaration on the Rights of Indigenous Peoples. This paper outlines a case for the inclusion of free prior informed consent in World Heritage nomination processes and examines issues that are problematic when enacting free prior informed consent. Case research was used to analyse current issues in the potential nomination of certain areas of Cape York Peninsula, Australia. The authors’ reflexive engagement within this case offers insights into the praxis of developing a World Heritage nomination consent process. The outcomes of this research were: preconditions need to be addressed to avoid self-exclusion by indigenous representative organisations; the nature of consent needs to account for issues of representation and Indigenous ways of decision making; the power of veto needs to have formal recognition in the nomination process; and prioritising self-determination within free prior informed consent ensures the intent of the United Nations Declaration on the Rights of Indigenous Peoples. The paper contributes to the human rights agenda of Indigenous People and conservation management processes by helping address the issues that will be raised during a World Heritage nomination process.     

Negotiated Agreements,Indigenous Peoples and Extractive Industry in the Salar de Atacama,Chile: When Is an Agreement More than a Contract?

While acknowledging advances in legal recognition of Indigenous rights, much of the research literature positions negotiated agreements between Indigenous peoples and corporations simply as ‘neoliberal technology’ that gives the appearance of Indigenous consent while allowing exploitation to continue. This analysis is flawed in considering agreements as discrete, stand-alone phenomena. It ignores the possibility that Indigenous peoples may use agreements as part of broader strategies to achieve control over extractive industry activity and to secure a share of ‘development’ benefits — strategies that involve selective engagement with the state. This article supports its argument by locating an agreement between the Chilean lithium mining company, Albemarle, and the Council of Atacameño Peoples within a broad and sustained strategy by Atacameño people to address the negative impacts of mining in the Salar de Atacama, Chile, while securing its economic benefits. This strategy includes using the agreement to voice Atacameño territorial claims and environmental concerns to the state, and to insist that the state lives up to its responsibilities. The analysis leads to a fuller appreciation of the agency exercised by Indigenous peoples in dealing with the sustained expansion of extractive activity on their territories, and a more nuanced understanding of negotiated agreements between Indigenous peoples and mining corporations and between Indigenous people and the state.     

The Role of Provinces,States, and Territories in Shaping Federal Policy for Indigenous Peoples’ Health

ABSTRACT

Under both Canadian and United States law, the availability and quality of healthcare and health services to Indigenous peoples are primarily a federal responsibility. Nevertheless, sub-national authorities—most importantly provinces, states, and territories—play a crucial role by virtue of covering (often through federal mandate) services, and regulating health facilities and health personnel off-reserv(ation). While both federal governments have undertaken efforts to transfer, within their fiduciary obligations, their responsibilities for Indigenous peoples’ health to the management of Indigenous peoples themselves, that transfer has considered or included provincial, state, and territorial authorities and resources unevenly, and, in some cases, in tension with the objectives of respecting standards for quality and access. This article applies the methodology used by Canadian researchers of the sub-national health authority issue to the health transfer experience in the United States. The article summarizes findings that demonstrate similar deficiencies as those present in the Canadian transfer process. The article further outlines the experiences of Hawai`i and Ontario as offering models through which to address some of these deficiencies. The article finally suggests that there is a positive relationship between greater participatory models adopted by provinces, states, and territories and better health outcomes among Indigenous groups so included.     

1958年《中华人民共和国政府关于领海的声明》研究

根据国家主权原则,在总结中国领海管理的理论与实践的基础上,结合国际实践和公认的国际法原则,1958年中国政府颁布了《中华人民共和国政府关于领海的声明》,标志着新中国领海制度的初步建立,这对捍卫中国领海主权、维护海洋利益、发展海上交往、巩固海防等都具有重大的意义。     

Cantonisation: Historical Paths to Territorial Autonomy for Regional Cultural Communities

Abstract. Since the First World War, grants of territorial autonomy have been a widespread means by which regimes of diverse ideologies and political cultures have attempted to address the demands of regional cultural communities within their borders. Cantonisation, or asymmetrical decentralisation along territorial-cultural lines, has been a common form of territorial autonomy employed by these states. Yet, despite its importance, little is known about whether and why such cantonisation measures have helped or hindered the search for peace and stability in culturally heterogeneous states. Part of the answer lies in analysing the historical-political contexts, or historical paths, by which cantonisation arrangements have emerged. Comparative analysis identifies five such paths: international settlements; state-building; democratisation or transitions from authoritarian rule; democratic maintenance; and decolonisation. Each of these paths poses distinctive problems for the evolution of the cantonisation arrangement.     

Participatory and community‐based research,Indigenous geographies,and the spaces of friendship: A critical engagement

Geographic engagement with Indigenous peoples remains inextricably linked to colonialism. Consequently, studying Indigenous geographies is fraught with ethical and political dilemmas. Participatory and community‐based research methods have recently been offered as one solution to address concerns about the politics of gathering, framing, producing, disseminating, and controlling knowledge about Indigenous peoples. In this article, we critically engage with the emergence of participatory and community‐based research methods as “best practice” for undertaking research into Indigenous geographies. We articulate four concerns with this form of research: a) dissent may be stifled by non‐Indigenous researchers’ investments in being “good”; b) claims to overcome difference and distance may actually retrench colonial research relations; c) the framing of particular methods as “best practices” risks closing down necessary and ongoing critique; and d) institutional pressures work against the development and maintenance of meaningful, accountable, and non‐extractive relations with Indigenous communities. We then contemplate the spatiality of the critique itself. We consider the ways in which our longstanding friendship, as researchers invested at multiple scales with Indigenous geographies and identities, provides its own distinct space of practice within which to confront the political and ethical challenges posed by research with/about/upon Indigenous geographies and peoples. While not arriving at any concrete template for undertaking research about Indigenous geographies, we suggest that certain friendships, established and situated outside research relationships, may be productive spaces within and through which research methods may be decolonized.     

The Nick-Squared Test for Indigenous Education’s “Goodness of Fit” with Environmental Education in Canada

This article explores the personal experiences using a currere model of two new academics and their investigations into the relationships between Indigenous education and environmental education. It outlines the challenges of Indigenous education within the contexts of higher education in the Coast Salish region with a specific focus on the Canadian role in Indigenizing education. We suggest that an intervention in our current practices is necessary in light of the ongoing violations of the Universal Declaration of Human rights and the Declaration of the Rights of Indigenous Peoples. We provide language and insights into cultural schizophrenia, authenticity, and the complexities of Indigenization.     

Control of Indigenous Archaeological Heritage in Ontario,Canada

Few Indigenous peoples have control over their heritage, despite international recognition of this right in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007. In Ontario, Canada, the Ontario Heritage Act, R.S.O. 1990 regulates archaeology and grants licences to archaeologists to investigate archaeological heritage. Indigenous people want more control of their archaeological heritage in Ontario. To uphold Indigenous rights to archaeological heritage in Ontario, heritage legislation and policy needs to be revised and site protection increased. This paper recommends that Indigenous archaeological heritage in Ontario would be best protected by strengthening Ontario government land development policy and legislation to require the free, prior, and informed consent from affected Indigenous communities before removal of significant archaeological sites and remains from their ancestral territories.     

A new extraterritoriality? Aquaculture certification,sovereignty, and empire

Can we describe third party eco-certification by transnational organizations like the Forest Stewardship Council, Marine Stewardship Council, and the Aquaculture Stewardship Council as a new form of extraterritoriality in relation to the territorial sovereignty of states? In this paper we outline how transnational eco-certification can reinforce longstanding global relations of domination through the creation of eco-certification empires that have much in common with colonial-era extraterritorial empires. Specifically, we show how the territorial practices in the ASC standards for shrimp aquaculture replicate aspects of the legal extraterritoriality of the colonial period, and how these new forms of extraterritoriality create disaggregated and variegated sovereigntyscapes. Key shared features include the identification of subjects that need protection, a narrative that depicts local states as inadequate for providing these protections, and the creation of territories where these protections are provided—by imperial states during the colonial period, and certification agents for transnational eco-certification. This helps us understand why transnational eco-certification is often perceived as an encroachment on national sovereignty in Thailand and elsewhere.     

Analyzing entangled territorialities and Indigenous use of maps: Atikamekw Nehirowisiwok (Quebec,Canada) dynamics of territorial negotiations,frictions, and creativity

This paper highlights the relevance of analyzing entangled territorialities and Indigenous use of maps in order to better understand what Lévy describes in terms of “spatial capital”—the socio-economic dynamics and power relationships maintained and negotiated between the stakeholders interacting within the Indigenous forestland. More specifically, it discusses the entanglement dynamics of land tenures coexisting today within Nitaskinan, the ancestral territory claimed by the Atikamekw Nehirowisiwok. Within Nitaskinan, members of the First Nation negotiate the continuity of their practices, occupation, and use of ancestral hunting territories with state institutions, logging companies, and non-Indigenous members of civil society who have interests in the land resources. All these stakeholders implement different territorial regimes that interact and sometimes conflict. Based on concrete ethnographic examples, the analysis presented here focuses on the compromises, frictions, resistance, and creativity that are part of territorial coexistence between Indigenous and non-Indigenous people.     

Protecting what is left after colonisation: embedding climate adaptation planning in traditional owner narratives

Climate change is disproportionally affecting Indigenous peoples' livelihoods across the globe. Despite this fact, climate adaptation planning and responses are not immediate concerns for most Indigenous people, whose key challenges are deeply embedded in colonial history. Through collaborative research centred on climate adaptation planning with the Yuibera and Koinmerburra Traditional Owner groups on the Great Barrier Reef Catchments, we demonstrate that Traditional Owners' primary concerns are in aligning the climate adaptation opportunity with their own strategies for Indigenous cultural renewal and survival. Their Indigenous identity generates a responsibility to protect cultural landscapes, sites, and their connections with these places. In this case study, to “protect what is left” of Indigenous material culture and socio‐cultural relationships emerged as the best approach to climate adaptation planning, providing both the decolonisation narrative and the means to strengthen their Indigenous practices. Planning for climate change adaptation is useful for Indigenous peoples when it supports decolonising, strengthens Indigenous customary practices, and recognises customary governance.     

Putin,national self-determination and political independence in the twenty-first century

This contribution focuses on the right of nations to self-determination after the Russian invasion of Ukraine. It suggests that sovereignty and territorial integrity are not as secure as once thought. A number of articles and statements issued by Vladimir Putin are analysed to identify nationalist themes which he uses to reject Ukraine's right to exist outside the Russian state. Key themes include a primordial account of national origins, the conflation of state and nation, and a refusal to recognise a right to self-determination of territories that had once been part of Russia. Putin's nationalism draws on imperial nationalism, state nationalism, revanchism and majoritarianism to underwrite his claims. Such views are widespread among established states, contributing to the instability of the contemporary world. It is argued that a reconfiguration of the relationship between state and nation is long overdue, as is the inflexible nature of territorial integrity.     

Changing security threat perceptions in Central Asia

This article discusses the current process of securitisation in Central Asia and identifies its convoluted and faulty nature as a factor impeding collective security action in the region. It uses the Regional Security Complex Theory (RSCT) as an explanatory tool and posits that security discourse in — and about — the five former Soviet republics is dominated by geopolitical grand strategy on the one hand and by particularist concerns about lack of democracy or transnational threats on the other. Issues of conventional security involving two or more states, such as territorial disputes or resource management, are pushed aside and rarely securitised at the official level. The article outlines conceptual and institutional reasons for this bias, and argues that unless inter-state tensions are properly analysed, debated and addressed, the prospects for security and stability in the region will remain grim.     

Collateral damage: human rights consequences of counterterrorist action in the Asia–Pacific

A number of states in the Asia-Pacific region have long been recognized to be indifferent or even hostile to the international human rights regime and to have rather poor records when it comes to protection of the right to personal integrity. Since 9/11 many of these same states have become closely involved in the US-led anti-terrorist campaign, and in the course of that involvement have been identified with the serious abuse of the personal security rights of those held in detention as terrorist suspects. This article uncovers some of the bases for that indifference to human rights treaties and why the human rights records of some of these states have become of even greater concern, particularly to domestic and transnational NGOs, in the contemporary anti-terrorist era. It argues that long-standing factors associated with intra-state armed conflict and separatist rebellions, the governmental tendency to accuse domestic NGOS of following a western rights agenda, and strong attachment to the non-interference norm have undercut official governmental concerns about the abuse of the right to personal security. More recently, emulation of the worst aspects of US anti-terrorist behaviour has given rise to a sense of impunity in some cases, and has justified a militarized response to political and religious unrest in others. Finally, the difficulties that the local human rights NGOs have had in making their case to the wider domestic populations have been compounded in a climate where many of their fellow citizens are fearful of the apparent rise in support for terrorist causes and methods.     

Tailors-Made: Heritage Governance Customization in Late Modern Canada

Canada is not just a patchwork of varying heritage governance delineated by provincial and territorial boundaries but a maelstrom of contesting and overlapping practices and processes originating from state and non-state actors. Since the 1990s, this patchwork of governance has increasingly diffused into Indigenous and local spheres through the negotiation of formal (treaties, legislation) and semi-formal (memoranda of understanding) agreements. Ideological tensions persist between the design aspirations of resurgent Indigenisms and Canadian late modern state processes. The resurgence of Indigenous capacities and institutions with a heritage management mandate has also created Indigenous jurisdictions not premised in any nation-to-nation agreement.     

Transforming cross‐cultural water research through trust,participation and place

Indigenous voices in government‐led natural resource management planning processes are often marginalised, misinterpreted, or excluded. Third parties, including government‐employed geographers, can act as knowledge brokers in defining Indigenous values and interests so they might be included in government planning processes. This paper reviews and assesses a research partnership that evolved to document the complex and diverse ecological and hydrological values held by Ngan'gi speakers about the Daly River and connected water places in the Northern Territory, Australia. The development of trust through the slow building of a relationship based on place‐based dialogue, a key aspect of participatory action research (PAR), created the foundation from which a mutually beneficial and respectful research partnership was able to, and continues to, evolve. Both research partners' perspectives are revealed here to articulate why the research partnership was deemed a success. Key lessons learned from the research partnership include the importance of trust, respect for place‐based learning, researcher and institutional flexibility, and awareness of the intricacies of relationship building and the benefits that research engagement can bring to Indigenous people and communities. We aim to further dialogue among geographers and interested disciplines as to the potential for PAR methods to foster mutually beneficial Indigenous–non‐Indigenous research partnerships.     

Fixing the territory,a turning point: The paradoxes of the Wichí maps of the Argentine Chaco

Indigenous mapping is a powerful political tool for long-marginalized populations to create visibility and establish land claims. In the case of Argentina, a country that was built on a denial of the presence of Indigenous peoples in the national territory, the emergence of these maps stemming from participatory processes coincided with the recognition of these communities' territorial rights in 1994. However, this mapping of Indigenous territories freezes extremely dynamic and complex socio-spatial realities just as it inflects their representations. In this paper, I reassess the weight and the role that Indigenous cartographic representations play in the evolution of these populations' spatial capital. Paradoxically, they give rise to more contradictions than they clarify. These paradoxes demonstrate the varied relationships different generations maintain with their territory, just as they concern its structure and its cartographic form. Therefore, based on the case of the Wichí of the Argentinian Chaco, this paper contributes to the understanding of contemporary issues of indigeneity by adopting a critical approach to Indigenous cartography. Whereas in Argentina cartographic knowledge is undergoing a process of decolonization, this does not apply to the legal system or to society as a whole.     

Tools for the Disempowered? Indigenous Leverage Over Mining Companies

Rather than passively accepting development, some Indigenous communities have forced their demands into corporate decision-making. Accordingly, recognising and responding to community expectations becomes a matter of prudent strategy and ‘enlightened self-interest’. This paper examines the case of Century Zinc Mine in Queensland's Gulf of Carpentaria where the miner undertook negotiations and reached agreement with local Indigenous communities. It was later held to account by communities concerned about insufficient implementation of this agreement. Discussion then explores the campaign against Jabiluka uranium mine in Australia's Northern Territory, especially why multinational miner Rio Tinto deferred to local community wishes surrounding development. These experiences show that Indigenous communities are most effective in bringing leverage over mining companies when they impact upon profit or future profit (often related to reputation with specific audiences). The parameters and consequent limitations of a company's responsiveness to community demands reinforce fundamental roles for the state as ultimate regulator and provider.     

From Cohesion to Territorial Policy Integration (TPI): Exploring the Governance Challenges in the European Union

The European Union (EU) is searching for new approaches to manage problems that span different policy sectors. In the regional policy field, incompatibilities between the EU's territorial development objectives and its transport, agricultural, competition and environmental policies, are well known. The need to integrate territorial policy concerns into these sectoral policies (territorial policy integration or “TPI”) has recently emerged as a key policy priority. This article examines the EU's capacity to implement TPI. It does so in relation to two member states (Germany and the Netherlands) and the European Commission. It finds that the administrative implications of implementing TPI are far more demanding than any of these actors are currently able to handle. Moreover, some EU-level networks are potentially relevant to TPI, but these are mostly focused on regional policy matters (i.e. they are relatively inward looking). If these administrative issues are not taken more seriously, “integration” will struggle to make headway in an EU which is notoriously sectorized.