Post‐Conflict Ambon: Forced Migration and the Ethno‐Territorial Effects of Customary Tenure

In post‐conflict contexts characterized by large‐scale migration and increasing levels of legal pluralism, customary land tenure risks being deployed as a tool of ethno‐territorialization in which displaced communities are denied return and secure land rights. This thesis will be illustrated through a case study of the Indonesian island of Ambon where a recognition of customary tenure — also called adat — was initiated in 2005 at the end of a high‐intensity conflict between Christians and Muslims. Although a system of land tenure providing multiple forms of social security for the indigenous in‐group, adat in Ambon also constitutes an arena of power in which populations considered as non‐indigenous to a fixed historical territory are pushed into an inferior legal position. The legal registration of customary tenure therefore tends to be deployed to settle long‐standing land contests with a growing migrant community, hereby legally enforcing some of the forced expulsions that were brought about by the recent communal violence.     

Decentralization,the State and Conflicts over Local Boundaries in Northern Ghana

Decentralization projects, such as that initiated by the Rawlings government in Ghana at the end of the 1980s, create a political space in which the relations between local political communities and the state are re‐negotiated. In many cases, the devolution of power intensifies special‐interest politics and political mobilization aiming at securing a ‘larger share of the national cake’, that is, more state funds, infrastructure and posts for the locality. To legitimate their claims vis‐à‐vis the state, civic associations (‘hometown’ unions), traditional rulers and other non‐state institutions often invoke some form of ‘natural’ solidarity, and decentralization projects thus become arenas of debate over the boundaries of community and the relationship between ‘local’ and national citizenship. This article analyses one such debate, in the former Lawra District of Ghana's Upper West Region, where the creation of new districts provoked protracted discussions, among the local political elite as well as the peasants and labour migrants, about the connections between land ownership and political authority, the relations between the local ethnic groups (Dagara and Sisala), and the relevance of ethnic versus territorial criteria in defining local citizenship.     

Political Structure and the Limits of Recognition and Representation in Ghana

Recent studies of democratization in sub‐Saharan Africa often focus on government recognition granted to traditional authorities. This article examines northern Ghana, where chiefs of a minority group are denied formal recognition but pressure state officials to recognize their status as land custodians. This leads to contests and debates between state officials, chiefs and communities over whether the customary institutions have in fact been recognized for what they claim to be. The article uses episodes of contention to nuance conceptualizations of recognition as a specific relationship between actors and institutions, and as a question of government policy or choice. Recognition and non‐recognition are contested in a grey zone of social constructions. Non‐recognition persists as a continuation of colonial policy, state law path trajectory, and state officials’ endeavours to stay out of ‘traditional’ affairs. However, customary rights to land are validated by the new local government institution, and chiefs use newfound positions to expand their jurisdictions. Stakeholders affirm unequal social categories underpinning different understandings of recognition. The article examines contentions that hinge on interpretations of who is recognizing and not recognizing whom, and actors’ efforts to reshape and reproduce political structures.     

‘Your work is of no use to us…’: Administrative interests in ethnographic research (West New Guinea, 1950–1962)

Abstract

The extent of customary land in Samoa and the laws pertaining to its protection create a presumption of state dependence on the regulation of custom in effecting state policies within local contexts. The principal means of regulating custom in Samoa has been and continues to be through state court adjudication of conflicts over customary land and chiefly titles. The transitive nature of ‘custom’ and conceptions of ‘custom’ in Samoa created an opening for court influence in the construction of custom, if not custom's partial reinvention through the agency of the courts. This occurred principally through the courts’ privileging principles of English common law in confirming asserted land rights generally considered unenforceable at the time of Samoa's political partition. The courts re‐interpreted as customary, conceptions of land rights the colonial state's influence attempted to effect within Samoan society. But the source of the changes, and the courts’ role in promoting them, tended not to be equally reflected upon. To the extent such influence is ignored in analyses of Samoan land tenure and customary law, and reproduced within state policies and court adjudication of conflict, custom's social construction is left unexamined, assumed to be more general than it is, and likely to exacerbate tensions and conflict within Samoan society rather than reduce them.     

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.     

Reto's Chance: State and Status in an Urban Papua New Guinea Settlement

According to the ‘state‐in‐society’ model developed by Joel Migdal, states cannot be analytically regarded as separate from the societies they govern and have to be viewed in their social contexts. Migdal's model has been well received by scholars discussing governance and, especially, social control, in Melanesia. An anthropological qualification which could be applied to the model is that local elements of state in Melanesia are socially permeable, since their employees are likely to come from the communities they serve. This permeability arguably contributes to a mutually transformative relationship between state institutions and local groups whose praxis is informed by exigencies of kinship and community. Heuristically viewing the colonially planned ‘village court system’ in Papua New Guinea as an element of state in terms of Migdal's model, this paper presents a narrative of the appropriation of a village court into community sociality and individual aspirations for status in an urban settlement in Port Moresby. Ethnographically, it suggests that an application of the state‐in‐society model in the Papua New Guinean context, at least, must allow recognition of the way colonially and neo‐colonially introduced institutions have been appropriated into the praxis of local communities, and thus must preserve a sense of the transformations both of the institutions and the social life of those communities, to be analytically viable.     

Community-based Fisheries Management,Tradition and the Challenges of Development in Marovo,Solomon Islands

This study examines traditional fisheries-related resource management through a case in which local communities, from a basis of customary, ‘common property’ control over the sea and its resources, handle a multitude of development issues. Presenting first some important issues relating to people's role in fisheries management and to the ‘common property’ debate, the article then describes a traditional system for management of land and sea resources in a Pacific Islands society; that of Marovo Lagoon, Solomon Islands. Emphasis is given to fisheries resources, with a view to explaining in practical terms how a system of customary marine tenure operates under the wider social, political, economic and ecological circumstances of change arising from development pressures. Against this background, assessments are made of the viability of this traditional fisheries management system under present conditions of state control and of both external and internal pressures for large-scale resource development enterprises.     

Unravelling Church Land: Transformations in the Relations between Church,State and Community in Uganda

Christian churches control substantial areas of land in Africa. While intensifying struggles over their holdings are partly due to the increased pressure on land in general, they also reflect transformations in the relations through which churches’ claims to land are legitimized, the increased association of churches with business, and churches’ unique positioning as both institutions and communities. This article presents the trajectory of relations between church, state and community in Uganda from the missionary acquisition of land in the colonial era to the unravelling of church landholding under Museveni. Drawing on long‐term ethnographic fieldwork, the authors argue that claims to church land in contemporary Uganda draw on: 1) notions of belonging to the land; 2) views about the nature of churches as communities; 3) discontent regarding whether customary land owners gave churches user rights or ownership; and 4) assessment of the churches’ success in ensuring that the land works for the common good. The article develops a novel approach to analysing the changing meaning of the landholdings of religious institutions, thus extending ongoing discussions about land, politics, development and religion in Africa.     

Negotiating Statehood in a Hybrid Political Order: The Case of Somaliland

This article investigates the negotiation of statehood in Somaliland, a non‐recognized de facto state which emerged from Somalia's conflict and state collapse. The negotiation process centres on the continuing transformation of a hybrid political order, involving ‘formal’ as well as ‘informal’ spheres, both in existing institutions (as ‘rules of the game’) and in the bodies or agents enforcing these rules. The negotiation processes considered take place at the national and local level respectively, as well as between the two. These negotiations are heterogeneous, non‐linear and ongoing. The article demonstrates how the polity's tolerance for heterogeneous negotiations and different forms of statehood allowed local political actors to establish peace in their own local settings first. Although it did not produce uniform statehood, it provided the basis for communities to explore the scope for common statehood. On the national level, hybrid elements initially allowed for a healthy adaptation of statehood to local needs, and for legitimate, productive instruments of negotiation. This responsiveness was not maintained, and current hybrid elements threaten to undermine the polity's stability.     

The Failure of Popular Justice in Uganda: Local Councils and Women’s Property Rights

Advocates of alternative dispute resolution argue that informal, community‐based institutions are better placed to provide inexpensive, expedient and culturally appropriate forms of justice. In 1988, the Ugandan government extended judicial capacity to local councils (LCs) on similar grounds. Drawing on attempts by women in southwestern Uganda to use the LCs to adjudicate property disputes, this article investigates why popular justice has failed to protect the customary property rights of women. The gap between theory and practice arises out of misconceptions of community. The tendency to ascribe a morality and autonomy to local spaces obscures the ability of elites to use informal institutions for purposes of social control. In the light of women’s attempts to escape the ‘rule of persons’ and to seek out arbiters whom they associate with the ‘rule of law’, it can be argued that the utility of the state to ordinary Ugandans should be reconsidered.     

Ulinzi Shirikishi: Popular Experiences of Hybrid Security Governance in Tanzania

In the context of increasing academic and policy‐related attention to hybrid forms of security provision which combine state and non‐state institutions, in Africa and elsewhere, this article explores the implementation of community‐based or participatory policing (ulinzi shirikishi) in Tanzania. Through ulinzi shirikishi citizens are encouraged to form local security committees, organize neighbourhood patrols and investigate reported crime. In contrast to earlier forms of state‐sponsored sungusungu vigilantism in Tanzania, community police are expected to cooperate with the Tanzania Police Force and to adhere to state law. Based on 11 months’ fieldwork in three sub‐wards of the city of Mwanza, this article argues that community policing has been fairly effective in improving residents’ perceptions of local safety. However, two important concerns emerge that may compromise the sustainability and legitimacy of community policing in the future. Firstly, organizing local policing entails considerable costs for communities, which disproportionately disadvantage the relatively poor. Secondly, controlling local service provision can enable individuals to pursue private gains, at the expense of the production of public goods. It is thus important to consider the development of hybridity over time towards models that may look less like community‐based policing and more like commercial security provision.     

Vulnerability,Control and Oil Palm in Sarawak: Globalization and a New Era?

In the post logging era, Sarawak is being restructured to make way for large‐scale oil palm plantations. In this restructuring, the vulnerabilities of particular areas are being used in a wider battle to control production, particularly for export. Native customary lands, considered ‘unproductive’ or ‘idle’ by officials, are the target of oil palm plantation development under a new land development programme called Konsep Baru (New Concept). This article looks at the contradictions generated by the complex process of laying claims to ‘idle’ native customary land and focuses on Dayak organizing initiatives in northern Sarawak, Malaysia.     

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.     

Claiming indigenous rights through participatory mapping and the making of citizenship

This paper considers how participatory mapping, through the notion of indigeneity, is involved in the making of participants' political agency and the possible implications for local struggles over customary land and resources. Empirically, the paper draws on a field study of participatory mapping as a cartographic-legal strategy for the recognition of the customary rights to land and resources of the Dayak, an indigenous ethnic group in Central Kalimantan, Indonesia. In this paper, we use citizenship as a basis for our analysis. On this basis, we discuss how the notion of indigeneity has assembled actors across different scales and how this has enabled indigeneity to develop as a site for claiming customary rights to land and resources through participatory mapping. One of our main arguments is the need to understand indigenous citizenship as a process that develops over time and through networks of actors that transcend the borders of the state and expand the formerly exclusive relationship between the state and its citizens in the making of citizenship. We challenge Isin's clear distinction between active and activist approaches to making claims of citizenship, suggesting instead that these approaches are mutually constitutive.     

The Threefold Logic of Papua‐Melanesia: Constitution‐writing in the Margins of the Indonesian Nation‐State

Clashes over the status of West Papua and the political future of the territory proliferated markedly following the end of Indonesia's New Order regime in 1998. Amid a wide variety of demands for justice and independence, and a series of demonstrations, mass gatherings and prayers, only a few Papuans mused on how Papua could become a state and what would constitute its nature as being distinctly Papuan and/or Melanesian. One exception is the work put into the Constitution for West Papua entitled Basic Guidelines, State of West Papua, a document edited by Don A.L. Flassy, a bureaucrat, writer and thinker, with a preface by late Theys H. Eluay, then chairman of the Papuan Council. In this article I analyse this Constitution to show how a combination of Christianity and local customs, and a mimicry of elements of Indonesian nation building and symbols of the Indonesian nation‐state are reshaped to oppose Indonesian nation‐building agendas. The Constitution shows that when Papuans imagine an independent state, forms of vernacular legality play a central role. ‘The state’ has journeyed to Papua and encouraged faith in ‘the law,’ and Basic Guidelines is partly the effect of this growing vernacular legality. My analysis shows that it is essential to see how legal mobilisations and imaginations of the state articulate with other normative systems and practices – in particular Christianity and custom (adat) – and how they mutually allow for and invite strategies.     

Pastoralism and Land‐Tenure Change in Kenya: The Failure of Customary Institutions

Until recently, the Pokot in the highlands of the Baringo area in Kenya have practised semi‐nomadic pastoralism. Today they are rapidly sedentarizing and in many areas suitable for farming, they are adopting rain‐fed agriculture. As a result of these dynamics, claims to individual property on de facto communal rangelands have arisen, and to such an extent that they seriously threaten the peace of the community. This article explores the conflicts that emerge in the transition from common property to private tenure. Using locally prominent land disputes as exemplary cases, it focuses on the role of traditional gerontocratic authorities in the attempt to resolve a growing number of land disputes; on the emerging power of patrilineal clans and local elites in the enforcement of access to land; and on the incompetence of government agencies to intervene. The failure of customary institutions to ensure land tenure security leads to a situation in which women and marginalized actors in particular are threatened with displacement, and in which most local actors want the state to intervene and establish formal property rights.     

Languages of Stateness in South Lebanon's Palestinian Gatherings: The PLO's Popular Committees as Twilight Institutions

Public authority beyond the state has often been seen as isolated from the state and/or constituting a threat to the state. Recent scholarship, however, has started to conceptualize ‘state’ and ‘non‐state’ forms of public authority as closely connected and interdependent. This article contributes to this theoretical shift by means of a qualitative case study of public authority in Palestinian refugee camps in South Lebanon. Lebanon's Palestinian camps are routinely characterized as ‘states‐within‐the‐state’, undermining the sovereignty of the Lebanese state. Yet, as this article demonstrates, both a generic state idea and the specific Lebanese state system constitute crucial benchmarks for the Popular Committees that govern informal Palestinian settlements. The article therefore conceptualizes the Popular Committees as ‘twilight institutions’ and explores the ‘languages of stateness’ that they adopt both communicatively, vis‐à‐vis Palestinian competitors, and coordinatively, vis‐à‐vis Lebanese counterparts. This reveals that the Popular Committees emulate the Lebanese state institutions they come into contact with, to bolster their own authority. They do this partly to be viable interlocutors for Lebanese state institutions; this suggests that the Popular Committees’ non‐state authority might validate rather than challenge state authority in Lebanon, and that state and non‐state authority can be mutually constitutive.     

Beyond Hybridity to the Politics of Scale: International Intervention and ‘Local’ Politics

The evident failures of international peacebuilding and statebuilding interventions (PSBIs) have recently prompted a focus on the interaction between interventions and target societies and states. Especially popular has been the ‘hybridity’ approach, which understands forms of peace and governance emerging through the mixing of local and international agendas and institutions. This article argues that hybridity is a highly problematic optic. Despite contrary claims, hybridity scholarship falsely dichotomizes ‘local’ and ‘international’ ideal‐typical assemblages, and incorrectly presents outcomes as stemming from conflict and accommodation between them. Scholarship in political geography and state theory provides better tools for explaining PSBIs’ outcomes as reflecting socio‐political contestation over power and resources. We theorize PSBIs as involving a politics of scale, where different social forces promote and resist alternative scales and modes of governance, depending on their interests and agendas. Contestation between these forces, which may be located at different scales and involved in complex, tactical, multi‐scalar alliances, explains the uneven outcomes of international intervention. We demonstrate this using a case study of East Timor, focusing on decentralization and land policy.     

No Change for Thirty Years: The Renewed Question of Women's Land Rights in Rural China

Since the mid‐1990s, a new land‐use rights regime has gradually come into effect in China. It follows upon a series of earlier changes — land reform, collectivization and the first wave of contracting land to households — that paid attention to women's role in publicly recognized work and provided access to land. The new regime, which has gradually come into effect as previous (usually fifteen‐year) terms expired, authorizes an adjustment in land allocation which is then normally frozen for thirty years. An apparently inadvertent effect of this policy is not only the exclusion of young people from direct access to land for up to thirty years from birth, but the de facto separation of the majority of women who marry or remarry patrilocally from allocated land. ‘No change for thirty years’ (sanshi nian bu bian) has thus become the distinctive feature for women of China's current land‐use regime. The state has renounced its potential to reallocate land periodically and there is no indication that market mechanisms are filling, or are capable of filling, the void thereby created. This article examines local conceptions, responses and practices regarding land‐use rights and their transfer within this new framework, using field evidence from three upland agricultural communities in Chongqing and Sichuan (studied in 2003, 2004 and 2005), where land allocations were fixed in 1995, 1999 and 2001 respectively. The ethnographic findings are further explored in relation to contemporary research on gender and land rights.     

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.