Reciprocal Repossession: Property as Land in Urban Australia

Repossession of land by Indigenous people is commonly understood as a legal act that unfolds within the confines of state apparatuses. But for many Indigenous urbanites, legal repossession is both impossible and irrelevant due to their histories of dispossession and dislocation. Moreover, while land repossession in Australia is predominantly non‐urban, I demonstrate that land is also reclaimed within cities. Urban repossession of land, considered here as reciprocal rather than legal, challenges the model of private ownership by asserting a territorially transferable relationship to property as land. The order of property entrenches Indigenous people's dispossession by demanding immobility as precondition to ownership and rendering Indigenous urbanites all “too mobile”. Against this framing and the liquidation of their lands as capital, Indigenous people practice reciprocal forms of repossession that challenge both liberal and traditional meanings of ownership. This helps retrieve urban Indigenous subjectivities while compelling partial relinquishment of non‐Indigenous properties.     

Quaker Dreaming: The “Lost” Cotton Archive and the Aborigines of Van Diemen's Land

This article explores interactions between Tasmanian Aborigines and residents of a Quaker settler property in documented actuality and familial, regional, and scholarly memory. Debunking a recent suggestion that authentic Tasmanian Aboriginal religious rituals and mythologies were kept secret by these settlers for a century and a half, I argue that such “mythologies,” and stories of their transmission, are post‐colonial inventions that attempt to render this part of the narrative of Quaker colonialism in Van Diemen's Land as principally humanitarian, with Quakers acting as a benignly aberrant exception to the wider phenomenon of settlers dispossessing Indigenous peoples. Demonstrating that these settlers colluded in wider colonial practices and policies, and were active participants in networks of scientific study of the Tasmanian Aborigines, this article serves as a case study of the multi‐layered nature of colonial action and post‐colonial historicism, and also points to a self‐referential tendency in historiographies of colonial Tasmania. I suggest that the stories presented as an authentic body of Tasmanian mythology in Land of the Sleeping Gods (2013) unconvincingly attempts to reinscribe Quaker colonialism as pacifist and humanitarian, and I argue that in fact Quakers demonstrably contributed to the dispossessing of Tasmanian Aboriginal peoples from their traditional lands.     

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.     

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.     

The technical is political: settler colonialism and the Australian Indigenous policy system

Contemporary Australian Indigenous policy changes rapidly and regularly fails to deliver its stated aims. Additionally, political and social relationships between Aboriginal and Torres Strait Islander peoples and the Australian state remain complex and contested. This article draws on critical Indigenous theory, alongside the increasingly influential scholarly paradigm of settler colonialism, to draw these two elements together. It highlights the ongoing nature of colonial conflict, and the partisan nature of state institutions and processes. While policy is usually framed as a depoliticised, technical practice of public management for Indigenous wellbeing, I suggest that it also seeks to ‘domesticate’ Aboriginal and Torres Strait Islander peoples, perform their dysfunction and demonstrate state legitimacy. This is especially the case in Australia, which has a long tradition of framing domestic welfare policy – rather than legal agreements – as the ‘solution’ to settler colonial conflict.     

FLPMA: A Decade of Management Under the ELM Organic Act

This article assesses the impact on public land management policy in the west following a decade's experience under the Federal Land Policy and Management Act (FLPMA). The assessment first describes the political and institutional forces that converged to produce the Bureau of Land Management's (BLM) Organic act and then identifies three major policy innovations found in the Act. In conclusion, the article assesses the impact of these policy innovations of FLPMA on management of the public lands.     

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.     

(Re)asserting Indigenous Rights and Jurisdictions within a Politics of Place: Transformative Nature of Native Title Negotiations in South Australia

Australia's dominant politics of place has largely failed to give meaningful recognition to Indigenous peoples. The Native Title Act 1993 required governments, industry and others to (re)consider the basis and extent of their authority, unsettling the non‐Indigenous systems’ assumed dominance. While Indigenous hopes about Native title have diminished as a result of subsequent judicial, legislative and administrative responses, Native title negotiations have been pivotal in redefining politics of place and Indigenous–settler relationships in Australia at several scales. Focusing on South Australia's Statewide Indigenous Land Use Agreement Negotiation Strategy, this paper considers such a redefinition. The paper identifies four strategies as critical to success in transformative spatial politics: getting process right; recognising and supporting Indigenous jurisdictions; engaging and transforming non‐Indigenous scales; and shifting Native title process away from legalities, towards people and relationships. Since 1999, these strategies have transformed the politics of place and built more equitable inter‐cultural relationships and networks based on mutual recognition and respect between Indigenous and non‐Indigenous rights and interests in land and waters.     

Policy Instrument Choices for Growth Management and Land Use Regulation

What factors account for local government land use practices and their choices among specific growth management policy instruments? We apply the political market framework to examine how land use policy choices in Florida are shaped by institutional features of county governments and the demands of organizations and interests in a community. Local policy decisions reflect a balance of the conflicting interests and responses to economic and political pressures. The results demonstrate that county government structure and election rules play critical roles in the adoption of urban service boundaries, incentive zoning, and transfer of development rights programs. We report evidence consistent with the argument that these “second‐generation” growth management policies are motivated by exclusionary goals.     

Indigenous Methodologies: Suggestions for Junior Researchers

Indigenous methodologies in geography have recently been developed to decolonise Western dominated paradigms. It has been argued that research which does not benefit Indigenous communities should not be conducted. However, Indigenous methodologies are not taught in many post-secondary institutions. Therefore, when they pursue Indigenous topics, many junior researchers are self-taught in these methodologies. However, these methodologies cannot be defined simply and they are too diverse to be learnt in a short period. In Japan, Indigenous peoples are not widely recognised and research on contemporary Indigenous issues is limited. The concept of Indigenous methodologies is rarely discussed. Because of this, Japanese researchers rarely identify their research as adopting an Indigenous methodology. Indigenous researchers are thereby discouraged from pursuing Indigenous methodologies. Furthermore, a methodology or a thesis statement used by researchers to reflect Indigenous perspectives often gets little support from Indigenous peoples. My master's research on the Ainu mirrored this situation. While Indigenous methodologies remain difficult to learn, junior researchers should not be discouraged from this form of engagement. Practical suggestions are therefore necessary to encourage their use and application. Based on my experience, I suggest that researchers approach Indigenous communities from a learning perspective. This would encourage open-mindedness and sensitivity. Researchers should also be prepared and willing to refine their research questions and to continue their literature searches after their fieldwork is completed. These strategies could limit misinterpretation and exploitation of Indigenous knowledges and peoples.     

The importance of communal forests in carbon storage: Using and destabilizing carbon measurement in understanding Guatemala's payments for ecosystem services

Payments for ecosystem services (PES) are a conservation initiative that offer payments to people who own or manage lands that provide desired ecosystem services. Utilizing mixed methods, I examine how PES in the form of government-issued forestry incentives interact with land tenure to affect carbon storage in Guatemala's Western Highlands. Land tenure is a larger determining factor for carbon storage than payments, as communal forests managed by Indigenous Maya K'iche' communities have significantly higher carbon stocks than private landholdings in these same communities. No statistically significant differences were found in carbon stocks between incentivized and non-incentivized plots, and participants enrolled only a fraction of their land, likely prioritizing enrollment of degraded plots. These results indicate the importance of using both social and physical science methods to understand the physical outcomes and social context of forest management. I also reflect on why carbon storage is often prioritized, drawing on a critical physical geography framework to analyze carbon accounting methods. Measuring carbon storage gives us the tools to describe the success of communal forest management, yet I also caution relying on the quantification of ecosystem services as a method for landscape valuation and suggest avoiding prioritizing carbon storage and sequestration.     

An Indigenous Perspective on National Parks and Sámi Reindeer Management in Norway

Protection of nature for biodiversity, and for the material livelihoods of Indigenous peoples, have much in common. Indigenous relations to nature are, however, based on unity between use and protection, implying that human use is necessary for effective protection. Often protected areas include the homelands of Indigenous peoples, whose needs and rights are still being ignored to a large extent. This paper explores the effects of a plan for a significant increase of large nature protection areas in Norway, still under implementation. Most of the new protection areas are in the heartland of the Indigenous Sámi, whose core livelihood is reindeer management. The plan implies transfer of jurisdiction from Indigenous and local domains to formalised central domains. In several cases, this has provoked Indigenous and rural groups to organised resistance. In this case study, there are signs of new tensions between Sámi and other rural groups. Indigenous land use can be marginalised by park restrictions and increasing pressure from visitor activity. The Sámi response was to boycott the park management board leading to a stalemate. A robust solution seems to require consideration of deeper institutional levels.     

Land Tenure, Archaeology, and the Ancestral Pueblo Social Landscape

Archaeology relies upon evidence of past human modification of the natural landscape in order to infer past human social dynamics on the site, local, and regional levels. Given the inferential linkages between past landscape use and social relationships, archaeology can benefit from an approach that more explicitly delineates relationships between systems of land use and land tenure, the social means through which people define and assert land use rights. This research outlines a set of methods for modeling prehistoric land tenure systems and developing a middle range theory of land tenure relationships that may assist archaeologists in their investigations of prehistoric resource access systems. Land tenure systems are complex risk-buffering strategies that are conditioned by the labor invested in food production, the size of groups holding direct access to productive lands and resources, and the temporal duration of land access rights. The role of these variables is supported by cross-cultural data from a worldwide sample of food-producing societies. The land tenure model is applied to data from the prehistoric Southwest to help explain local and regional changes in food production, settlement size, and community organization in southwest Colorado between 900 and 1300 A.D.     

Borrowing of Land,Security of Tenure and Sustainable Land Use in Burkina Faso

Lack of formal security of land tenure is often cited as a constraint for participatory land management programmes which try to motivate African farmers to grow trees and to realize other improvements in their fields in order to control soil erosion. According to this approach, the borrowing of land would represent an insecure form of land tenure hindering sustainable land use. However, on the basis of a case study in Burkina Faso, this article demonstrates that this is not necessarily so: borrowing arrangements may play a part in avoiding local overload of the carrying capacity and in an efficient distribution of village lands among the farming units. Furthermore, borrowing does not hinder some major intensification techniques of land use which are currently being applied in Burkina Faso. Legal interventions which aim to increase security of tenure and to create favourable conditions for sustainable land use may in fact have the opposite effect.     

ENTANGLED INVASIVE LIVES: INDIGENOUS INVASIVE PLANT MANAGEMENT IN NORTHERN AUSTRALIA

This article explores the entanglement of two kinds of invasive lives in northern Australia: invasive plants, and the enduring life of the unfinished colonial project, which continues to have implications for indigenous peoples. In the extensive indigenous lands of Australia's tropical north, communities have increasing responsibility for invasive plant management among other pressing land management tasks. In a context of climate change and novel ecosystems, these entanglements exacerbate environmental management challenges in the tropical savanna and affect indigenous livelihoods. Drawing on arguments that it is necessary to literally speak novel ecologies, we here enunciate and describe a novel ecological assemblage we call Indigenous Invasive Plant Management (IIPM). Historical accounts and contemporary ethnography (semi‐structured interviews and participant observation undertaken in 2010–2013) show a lingering colonial heritage in the ways that IIPM is entwined with tenure and governance issues, and in its everyday practice. These findings illustrate how IIPM can risk being a form of continuing dispossession as well as having good potential outcomes.     

Indigenous peoples,local communities,and Payments for Ecosystem Services

Payments for Ecosystem Services (PES) programs are reshaping the governance of ecosystems and natural resources around the world. These programs often occur in spaces that are unceded, contested, or otherwise not legally recognized as Indigenous homelands, customary areas, and territories. Building on the discourses of Indigenous self‐determination, nationhood, and cultural responsibilities, this paper examines how PES programs produce unique outcomes for Indigenous peoples as ecosystem services providers. Our findings demonstrate and substantiate three themes that impact Indigenous ecosystem services providers uniquely: (1) the internationally recognized right to Free, Prior and Informed Consent for Indigenous peoples; (2) the reinforcement of settler colonial jurisdiction; and (3) mismatches between Indigenous knowledges and PES‐type approaches. The ways that PES programs run the risk of reifying and reducing Indigenous knowledges have not yet been adequately considered within current PES approaches. Our findings enable a conceptualization of PES as a new conservation tool within ongoing histories of land management and dispossession by settler colonial governments. We assess the strengths and challenges of PES programs as a departure from previous conservation modalities.     

The economics of reconciliation: tracing investment in Indigenous–settler relations

The relationship between Indigenous peoples and the settler state remains fraught due to ongoing violence and mistrust. Numerous attempts have been made to ‘reconcile’ this beleaguered relationship over the past three decades. Indigenous peoples have advocated for the decolonization of the settler state and a suitable land base using the language of public investment. In response, settler governments reframe these requests as opportunities for economic investment that is guaranteed to produce self-esteem and social inclusion for Indigenous peoples. This article documents and problematizes an ideological shift whereby holistic decolonial approaches to reconciliation give way to an investment rationale that is used to bypass demands for Indigenous peoples’ jurisdiction and self-determination. The ramifications of this shift are examined in three ‘eras of reconciliation' (Section 37 Constitutional Talks, Royal Commission on Aboriginal Peoples, reparations for Indian residential school [IRS] Survivors) that also coincide with three types of investment: a) national; b) social; and c) therapeutic.     

Working Towards Regional Agreements: Recent Developments in Co‐operative Resource Management in Canada's British Columbia

Canada's experience with ‘regional agreements’ has attracted considerable attention in Australia as a means by which Indigenous people can secure their native title rights to land and sea and ensure they can participate in the development and management of their homeland territories. However, regional agreements implemented in Canada thus far have often taken years to negotiate. To provide a degree of certainty for resource management and decision‐making while the native title claims process is underway, Canadian governments have proceeded to establish interim resource use and management agreements with Indigenous communities. While both governments and Indigenous people stress that interim arrangements do not replace or limit the scope for future claim settlements, it is recognised that the development of such co‐operative relationships will make long‐lasting formal agreements easier to achieve. This paper draws on several recent examples of interim agreements that have been negotiated for the salmon fishery resource in the Skeena River catchment, and considers how these local experiences offer useful approaches for resource management and native title issues in Australia. These examples demonstrate the importance of building shared understandings of resource values and management approaches prior to cementing co‐management partnerships in formal settlements. They also show some of the problems and prospects facing Indigenous peoples in their efforts to benefit from such co‐management agreements.     

People in Between: Conversion and Conservation of Forest Lands in Thailand

The analysis of ‘ambiguous lands’ and the people who inhabit them is most revealing for understanding environmental deterioration in Thailand. ‘Ambiguous lands’ are those which are legally owned by the state, but are used and cultivated by local people. Land with an ambiguous property status attracts many different actors: villagers hungry for unoccupied arable lands in the frontiers; government departments looking for new project sites; and conservation agencies searching for new areas to be protected. This article shows, first, how two types of ambiguous land — state‐owned but privately‐cultivated land, and communal lands — were created. It then examines how the Karen, one of the hill peoples living on the ambiguous lands, have been struggling to survive between the forces of capitalistic development and forest conservation. Using a detailed study of forest use and dependency conducted in two Karen villages, I argue that the state’s efforts to reduce the Karen’s forest dependency, or even to evict them from the forests, are not leading to the stated objective of conservation. Finally, I draw some wider implications with reference to James Scott’s thesis on state simplification.     

Discourse and Argument in Bureau of Land Management Wilderness Environmental Impact Statements

This study examines argument as a link between technical information and policy recommendations in wilderness environmental impact statements (EISs) produced by the Bureau of Land Management. As the EISs went from draft to final form, their structure and content changed. The changes reflect a shift to incorporate wilderness protection into the policy agenda for public lands. The analysis suggests that EISs can be understood as a form of argumentative discourse in which agency personnel frame issues and make normative arguments through technical analyses.