Mare Nullius: Indigenous Rights in Saltwater Environments

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

Identification of limits and barriers to climate change adaptation: case study of two islands in Torres Strait,Australia

Communities living on remote islands are often viewed as among the most exposed and vulnerable to climate change impacts. This study uses the Sustainable Livelihoods Framework to investigate how indigenous communities living on two physically different islands in Torres Strait, Australia, experience what they consider to be the impacts of climate change in relation to their daily lives. During this process, a series of natural, physical, and socio‐cultural limits and barriers to climate change adaptation were identified on Boigu, a low‐lying mud island inundated by the sea during high tides and storm surges. As a volcanic island, Erub's elevation is higher but significant community infrastructure, housing, and cultural sites are located on the low coastal fringe. No immediate limits to climate change adaptation were identified on Erub, but physical and socio‐cultural barriers were revealed. Limits to climate change adaptation occur when adaptation actions fail to protect the things valued by those affected, or few adaptation options are available. Barriers to climate change adaptation may be overcome if recognised and addressed but can become entrenched limits if they are ignored. Within the participating communities, such limits and barriers included (a) restricted adaptation options due to limited access to particular livelihood assets; (b) difficulty engaging with government processes to secure external support; and (c) people's place‐based values, which evoke a reluctance to relocate or retreat.     

Enmity and Amity: Reconsidering Stone-headed Club (gabagaba) Procurement and Trade in Torres Strait

Historical records for Torres Strait, including those from Haddon's 1898 Cambridge Anthropological Expedition, identify the Papuan mainland as the main trade source for stone-headed clubs (gabagaba). This view has persisted despite the contradictory facts that the Papuan lowlands are essentially devoid of stone and Torres Strait abounds in stone suitable for club manufacture. Not surprisingly, preliminary raw material findings for ethnographic and archaeological gabagaba in museums indicate that local Torres Strait manufacture was more significant than previously thought. Some of the early confusion over gabagaba sources probably reflects diffusionist assumptions that ‘superior’ cultural items, such as stone-headed clubs, must have moved from so-called ‘advanced’ Papuans to ‘less-developed’ Torres Strait Islanders. However, more significant is the lack of understanding of the multiple and complex roles of gabagaba in inter-group social relations which saw clubs moving between Islanders and Papuans through looting, trade and ceremonial exchange. Apart from their well-documented use as lethal weapons during head-hunting raids, I argue that gabagaba also had an important ceremonial role in exchanges between hostile groups aimed at cementing social alliances. Following post-contact disruptions to trading networks and inter-group hostilities, the social/ceremonial roles of gabagaba were emphasised while gabagaba production became less specialised.     

The ritual dugong bone mounds of Koey Ngurtai,Torres Strait,Australia: Investigating their construction

The islands of Western Torres Strait, between Papua New Guinea and Australia, saw the emergence of ritual dugong bone mounds approximately 400 years ago. These mounds were used as a means to commune with, and as an aid for the hunting of, dugongs. This paper explores the bone contents of three dugong bone mounds on the small, uninhabited island of Koey Ngurtai as a means to determine their construction and in doing so to explore the historical emergence of ritual bone mounds associated with dugong hunting magic—and thereby to historicise ethnographically known cultural practices—in Torres Strait. Copyright © 2009 John Wiley & Sons, Ltd.     

Totem and Transaction: the Objectification of ‘Tradition’ Among North Mekeo

Most recent treatments of Melanesian post‐contact change have presumed that objectifications of ‘culture’ and ‘tradition’ have intensified and proliferated in response to the forces of colonialism and the penetration of the nation‐state. Harrison (2000) has recently argued, however, that in pre‐colonial times too Melanesians characteristically objectified their cultural practices and identities as ‘possessions’ that could be readily exchanged or transacted. Supposedly, the key difference between the two eras has accorded with different formulations of ‘property’: ‘private property’ and the logic of ‘possessive individualism’ in the post‐contact era; and ‘trading and gift‐exchange systems’ or ‘prestige economies’ in pre‐contact times. In this article I examine Harrison's portrayal of Melanesian cultural practices as ‘possessions’ and the notions of ‘property’ that he sees as key to the cultural objectification in both pre‐ and post‐colonial settings with reference to ethnographic and historical information regarding the North Mekeo peoples of Papua New Guinea. I argue from the perspective of the New Melanesian Ethnography that Harrison's view of pre‐contact prestige economies and trade and gift exchange systems retains several misleading a priori assumptions about ‘commodity exchange’ and, illustrating the potential of the New Melanesian Ethnography for historical applications, that he overemphasizes the extent to which post‐contact changes in cultural objectification have involved individualised and commodified forms of property. Consequently, in the case of North Mekeo, both the continuities and the changes between pre‐ and post‐contact cultural objectifications may have proceeded differently from the ways Harrison has outlined for Melanesia generally.     

Past and present marine mammal hunting rates and abundances: dugong (Dugong dugon) evidence from Dabangai Bone Mound,Torres Strait

Dugongs (Dugong dugon) are a key food item and a totemic animal with major spiritual significance for Torres Strait Islanders of northeastern Australia. These marine mammals are officially classed vulnerable to extinction which has placed hunters under considerable internal (cultural) and external (bureaucratic) pressure to lower hunting rates dramatically to sustainable levels. But did Torres Strait Islanders hunt dugongs at much lower rates in the pre-colonial past? Excavation of a ritual dugong bone mound on Mabuyag island revealed the remains of 10,000–11,000 dugongs hunted between c. 1600 and c. 1900AD. The translated hunting rate of 33–37 dugongs per year is surprisingly high and challenging as this single site represents one-third of what conservation biologists argue is the current mean sustainable hunting rate for the entire Torres Strait archipelago. These data suggest that dugong abundance was much higher in the pre-colonial past and that current hunting rates are uncharacteristically unsustainable primarily due to an unprecedented dugong population crash and not increased post-contact hunting rates.     

Shifting Sands: Towards an Anthropological Praxis

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

New World civitas,contested jurisdictions,and inter-cultural conversation in the construction of the Spanish Monarchy

Jurisdictional frontiers were created, contested, and negotiated among a wide range of actors, including native Americans and Europeans, with reference to the cities founded in Castilla del Oro (roughly present-day Panama). This research deals, first, with the reshaping of the concept of a city in the New World, based on its inhabitants’ sense of civitas. It analyses, secondly, the creation and redefinition of jurisdiction during political conflicts and, third, the construction and maintenance of jurisdiction through local relations with indigenous populations described as ‘conversation’. The analysis of the creation and preservation of local jurisdictions allows for an interpretation of the complexities involved in the configuration of political power and political space from below in the territories claimed by the Spanish Monarchy.     

Reshaping governance in Torres Strait: The Torres Strait regional authority and beyond

Getano Lui (Jnr) suggested in his 1993 Boyer Lecture that it was time to ‘build a new framework’ for the Torres Strait and that this might be negotiated in time for the centenary of the Australian Constitution in 2001. This paper examines possibilities for reshaping governance in Torres Strait, particularly the idea of Torres Strait regional government. It does so in the light of the history of settlement and contemporary population characteristics in the Strait and also the history and development of local and regional structures of political representation. It pays particular attention to events leading up to the establishment in July 1994 of the Torres Strait Regional Authority (TRSA) within the Commonwealth Aboriginal and Torres Strait Islander Commission (ASTIC). Under the labels of other authorities, the marine environment, constituency and confederal representation, it also examines some key issues which are likely to arise in attempts to move beyond the present structures towards fuller regional government. Some consequences of one possible and likely approach to the constituency issue are explored and a brief concluding comment is made about the relationship between these developments in Torres Strait and interpretations of Australian federalism.     

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.     

Mabo and Museums: ‘The Indigenous (Re)Appropriation of Indigenous Things’

In this paper I extend upon the categories of appropriation identified by Beings, land and people. Using the work of Nancy Munn (1984) and Annette Weiner (1992), I argue that the relationship between objects, place, Beings and people is of a consubstantial and inalienable nature. Following on from this argument, I propose that Aboriginal and Torres Strait Islander rights and interests in land or waters, as defined by the recent Native Title legislation, cannot be alienated from rights and interests in other cultural possessions. These other cultural forms include tjurunga, as well as songs, ceremonies and paintings. As this suggests, in the post-Mabo landscape museums represent important collecting sites for indigenous people; a somewhat different identity to the former status of museums as sites of indigenous collections.     

The Symbolic Making of a Common Property Resource: History,Ecology and Locality in a Tank-irrigated Landscape in South India

Today there is a pervasive policy consensus in favour of ‘community management’ approaches to common property resources such as forests and water. This is endorsed and legitimized by theories of collective action which, this article argues, produce distinctively ahistorical and apolitical constructions of ‘locality’, and impose a narrow definition of resources and economic interest. Through an historical and ethnographic exploration of indigenous tank irrigation systems in Tamil Nadu, the article challenges the economic-institutional modelling of common property systems in terms of sets of rules and co-operative equilibrium outcomes internally sustained by a structure of incentives. The article argues for a more historically and politically grounded understanding of resources, rights and entitlements and, using Bourdieu's notion of ‘symbolic capital’, argues for a reconception of common property which recognizes symbolic as well as material interests and resources. Tamil tank systems are viewed not only as sources of irrigation water, but as forming part of a village ‘public domain’ through which social relations are articulated, reproduced and challenged. But the symbolic ‘production of locality’ to which water systems contribute is also shaped by local ecology. The paper examines the historical and cultural production of two distinctive ‘cultural ecologies’. This serves to illustrate the fusion of ecology and social identity, place and person, in local conceptions, and to challenge a currently influential thesis on the ecological-economic determinants of collective action. In short, development discourse and local actors are seen to have very different methods and purposes in the ‘production of locality’. Finally, the article points to some practical implications of this for strategies of ‘local institutional development’ in irrigation.     

The Robustness of Aboriginal Land Tenure Systems: Underlying and Proximate Customary Titles

While Aboriginal 1 1 I do not deal with Torres Strait Islander land relationships in this paper, although the arguments may well apply in that case. I have restricted myself to systems with which I am more familiar
land use patterns may have been fragile in the face of colonisation, and severe limits were consequently placed on Aboriginal people's capacity to physically enact local traditional entitlements on many lands, the basis and key content of traditional title to such lands is not fragile but has generally been maintained with considerable robustness. In this paper I suggest that this robustness arises in a critical sense from the pre-existing and widely continuing dual structure of traditional land tenure, which may be understood as consisting of an underlying title held within the relevant regional jural and cultural system, which underpins proximate entitlements enjoyed by small groups of individuals. There is scope within Australia's Native Title Act (1993) for the recognition of this system of customary law under the western legal concept of native title.     

Documenting and Analyzing Rock,Paintings from Torres Strait,NE Australia,with Digital Photography and Computer Image Enhancement

Abstract

The deterioration of rock-art over time is an important concern for indigenous communities, archaeologists, rock-art researchers, and cultural heritage managers. Computer enhancement has emerged as an important tool in viewing poorly visible rock paintings. While most studies regarding this technique explore the methods associated with computer enhancement there is little discussion of the results that can be generated beyond the recovery of images. This article presents results from the application of computer enhancement methods to rock paintings from the Torres Strait region in NE Queensland. The results obtained through the computer enhancement of deteriorated rock paintings are used to reveal degrees of preservation, interregional interaction, and previously undocumented spatial patterning across the strait.     

(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.     

Social scientists and native title cases in Australia

Abstract

Recent legal developments in Australia have led the courts to reject the doctrine of terra nullius, which denied pre-existing Aboriginal rights to land ownership, and Aboriginal prior occupation and ownership of land are now acknowledged. However, in the absence of consent determinations the courts have to evaluate the justification for legally recognizing native title based on specific local evidence for continuities in the traditional customs and laws of Aboriginal claimants since British sovereignty. Much of the evidence for such continuities can come from the Aboriginal claimants themselves. However, proving the time, depth and relevance of these continuities and presenting them in a form that is considered acceptable by the courts has drawn upon the ‘expertise’ of academics. This paper considers the types of evidence that anthropologists, linguists, historians and archaeologists are able to present and makes some suggestions as to how this could be improved in the future.     

Heritage on the move. Cross-cultural heritage as a response to globalisation,mobilities and multiple migrations

Globalisation is creating new perceptions of social and cultural spaces as well as complex and diverse pictures of migration flows. This leads to changes in expressions of culture, identity, and belonging and thus the role of heritage today. I argue that common or dominant notions of heritage cannot accommodate these new cultural identities-in-flux created by and acting in a transplanetary networked and culturally deterritorialized world. To support my arguments, I will introduce ‘Third Culture Kids’ or ‘global nomads’, defined as a particular type of migrant community whose cultural identities are characterised high patterns of global mobility during childhood. My research focus on the uses and meaning of cultural heritage among this onward migrant community, and it reveals that these global nomads both use common forms of heritage as a cultural capital to crisscross cultures, and designate places of mobility, like airports, to recall collective memories as people on the move. These results pose additional questions to the traditional use of heritage, and suggest others visions of heritage today, as people’s cultural identities turn to be now more characterised by mobility, cultural flux, and belonging to horizontal networks.     

Are universities ready for interculturality? The case of the Intercultural University ‘Amawtay Wasi’ (Ecuador)

This article focuses on the creation of the Intercultural University ‘Amawtay Wasi’ in 2003, and its evolution up until its final suspension from the university system in Ecuador. I reflect on the difficulty of implementing educational approaches based on locally situated cultural identities that involve epistemologies different from those which are hegemonic in academic spheres on the global level. From the point of view of the indigenous movement, the current situation is solely the result of the ignorance and arrogance of the state, which ‘has led to a backlash against the gains made by indigenous people that has even led to a decline in terms of indigenous rights’, calling the current government a government of ‘a new colonization’ (Salvador). However, interviews conducted in the years after the closure of Amawtay Wasi bring to light certain discourses and opposition that go beyond the obvious intellectual and political reluctance of the current government to maintain the Amawtay Wasi Intercultural University.     

The Magic of Narrative in the Emplotment of State‐Subject Relations: Who's Telling Whose Story in the Native Title Process in Australia?

Since 1992 Australian Aboriginal communities have been engaged in a complex and fraught legal process for the recognition of their traditional rights to country (‘native title’). In this article I argue that it is theoretically and critically illuminating to investigate the broader ‘meaning effects’ of the native title determination process on the subjective experience of the state in Australia. The article demonstrates this through examining the narrative effects of certain discursive moments through which identities get objectified. Through examining such moments in the discourse and practice of native title from the perspective of a participant‐observer, I seek to advance our theoretical understanding of how the narrative properties of speech (or other performative behaviours) in specific contexts structure the subjective experience of the state.     

Recognise what? The limitations of settler colonial constitutional reform

In settler colonial societies such as Australia, both Indigenous and non-Indigenous people have turned to constitutional reform as a means of addressing historical exclusions and colonial injustice. In practice, however, the promise of constitutionalism has revealed clear limits. This article explores these limits in the context of the current Australian campaign for the constitutional ‘recognition’ of Aboriginal and Torres Strait Islander peoples, where the loudest dissenting voices have come from Indigenous people themselves. In light of this, this article proposes a more agonistic engagement of diverse and dissenting opinions, with a view to opening up a more radical, decolonising space for constitutional politics.