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.     

Monitoring Land‐Cover and Land‐Use Change in a Rapidly Urbanising Coastal Environment: the Maroochy and Mooloolah Rivers Catchments,Southeast Queensland, 1988–1997

Effective catchment monitoring requires an integrative approach for selecting remotely sensed data to monitor land‐cover change. Catchment analyses and monitoring requirements in the Maroochy and Mooloolah River Catchments (south‐east Queensland) were addressed by linking government and community information needs to appropriate scales of remotely sensed data and processing routines. A hybrid image classification approach applied to Landsat Thematic Mapper image data acquired in 1988 and 1997 provided catchment scale land‐cover maps (with accuracies of 73% and 84%). Land‐cover change maps derived from post‐classification comparison provided information on the spatial distribution and type of land‐cover changes between 1988–1997. Land‐cover change was dominated by activities related to urban residential expansion (suburban and rural residential) and agricultural expansion (sugar cane farms). Significant spatial variations in the geometric registration accuracy of the image data sets and classification accuracies produced moderate to low change detection accuracies. However, the framework and community consultation used for selecting and processing data ensured the resource managers and community groups were fully aware of the limitations of the land‐cover change mapping process and that the output images were suitable for incorporating in resource monitoring activities.     

Pastoralism and Pottery Use: An Ethnoarchaeological Study in Samburu,Kenya

In Samburu, Kenya, ethnoarchaeological research reveals a deep and perhaps unexpected integration of pottery use into a mobile lifestyle centered on the herding of livestock. This paper examines the importance of pottery to Samburu survival, particularly for the preparation of bone soups, wild plants, and other foods during times of drought and food insecurity. These data raise new questions about how pottery and other household material culture may have influenced the origins and development of African pastoralism.     

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

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

‘Mother's Blood,Father's Land’: Native Title and Comparative Land Tenure Modelling for Claims in ‘Settled’ Australia

Anthropologists working in the field of Australian native title are required to piece together the early laws and customs of claimant groups and assess the degree to which these have continued since the assumption of British sovereignty. The former task is often difficult in south‐eastern Australia because of a lack of good quality early records. I suggest here that there are general principles of Aboriginal land tenure that can be recovered from elsewhere in Aboriginal Australia, where the ethnography is of a better standard, and these can be used as a guide for working with the patchier materials characteristic of the south‐east. The principles mainly cohere around the organic relationship between patrilineal descent and complementary filiation, and are shown to be relevant to the modelling of contemporary south‐eastern tenure, where people speak of ‘bloodlines’ identified with ancestral lands.     

'Taming the Lagoon': Aquaculture Development and the Future of Customary Marine Tenure in Kiribati, Central Pacific

ABSTRACT The atolls and low‐lying limestone islands of Kiribati (Micronesia) illustrate the challenges of economic development based on natural resources exploitation. For that reason, the widely scattered island nation has relied heavily on foreign aid and remittances sent by merchant seamen. However, it is becoming apparent that excessive reliance on external support can no longer be considered secure in the medium to longer term, notably with cutbacks in aid assistance and advances in marine technology. In attempts at achieving ‘self‐reliance’, successive governments have always perceived marine resources development, particularly living resources, as a means of attaining greater economic independence. Recently, efforts have been underway to promote inshore and aquaculture development by smallholders. Seaweed farming, and especially black pearl production, are new commercial ventures. Giant clam mariculture remains an option. While it is too early to measure the success of some of these projects, their establishment may have important implications for reviving marine tenure by encouraging smallholders to reassert their traditional rights to inshore resources. Customary marine tenure (CMT) has declined significantly as a result of colonial intrusion. Today, the impact of population growth, urbanization, more efficient extractive technologies and expanding market opportunities calls for more effective village‐based control of threatened resources. Close monitoring of aquaculture projects will be required to minimize potential conflicts over traditional marine ownership.     

Policy of Delay: Evidence from a Bayesian Analysis of Metropolitan Land‐Use Choices

Do local policymakers strategically use delay in permitting development to forestall the growth machine? The mantras of smart growth and sustainable development assume local governments can balance the competing values of economic development, ecology, and equity interests in a community. We employ a political market framework to explain differences in local government land use decisions. This framework conceptualizes policy choices as resulting from the interplay between the aggregate policy demand by residents, developers, and environmental interests and the aggregate supply by government authorities. Delays can be imposed strategically through processes of development approval by city governments where industry strength and form of government vary within county‐level service‐delivery fragmentation. We utilize novel Bayesian multilevel modelling of data collected from 2007 and 2015 surveys of Florida city planners and find strong institutional effects and multilevel relationships.     

Land Privatization and Pastoralist Well‐being in Kenya

East African pastoralists have well‐developed systems of communal land management that have been challenged by recent demands from some pastoralists for land privatization. This article analyses the impact on household well‐being of privatizing land among a community of Samburu pastoralists in northern Kenya. Using longitudinal data from household surveys conducted in 2000 and 2005, trends in wealth, income, stratification and livelihood strategies are analysed comparing the privatized community and a community where land remains communally managed. Results indicate few significant differences in wealth and income between the privatized and communal areas, although cultivation has become an important additional strategy in the privatized community. Significant levels of wealth stratification are present in both communities but are mitigated to some extent by mobility across wealth quintiles over time. Wealthy and poor groups exhibit different livelihood strategies with wealthier groups relying more on livestock trade and home consumption while poorer groups depend on wage labour and trade for their income. Policy implications of this analysis include the need for development strategies specific to different wealth groups, greater investment in education and infrastructure, and more attention to employment creation in pastoral areas.     

A Long Time Gone: Post‐conflict Rural Property Restitution under Customary Law

Mass displacement of people due to violence poses a unique set of challenges for property restitution when people return to their homes after a long absence. This is particularly evident in rural areas where the dominant form of land holding is customary tenure. Violence‐induced displacement, unlike voluntary migration, challenges both customary and public legal‐administrative structures. The lack of written documentation of customary holdings and the importance of the support of community leaders means that incorporating returnees back into a community can be easier for those who choose to return, while reclaiming property without physical return is nearly impossible. This article seeks to make three contributions: 1) to note the diversity of return processes after long displacements in terms of timing and demographics; 2) to demonstrate that the nature of the claims people can make on customary tenure systems is at odds with international legal norms on property restitution after displacement; and 3) to introduce a set of observations and questions on how conflict can change customary law. The article is based on fieldwork conducted in Uganda, Liberia and Timor‐Leste, all countries with extended displacement where most of the rural land is held via customary claims.     

Counter‐terrorism and the Politics of Aid: Civil Society Responses in Kenya

Against the backdrop of terrorist attacks in 1998 and 2002, Kenya has come under pressure from aid donors and diplomatic circles to co‐operate in achieving the political and military objectives of the War on Terror. The Kenyan government has received legal, technical and financial support to implement new counter‐terrorism structures. However, while these have raised concerns around human rights and the ability of people to come together and organize on shared interests, the response of civil society in Kenya has been muted. It is mainly human rights campaigners, lawyers, Muslim organizations and leaders, and some politicians that have opposed proposed anti‐terrorism legislation. Even fewer groups have spoken out against the government's participation in a regional rendition programme in the Horn of Africa supported by the United States. This weak response reflects the significant ethnic and regional fragmentation that prevails in the country. This article critically examines the impacts of counter‐terrorism in Kenya and civil society responses to these in a shifting political landscape.     

Building Local Governance: Participation and Elite Capture in Slum‐upgrading in Kenya

Community and democratic participation are still an essential component of current mainstream development interventions. However, elite capture seriously undermines the outcomes of development projects. This article analyses the effects on (in)equality of the implementation of policies that are technically participatory, in the context of an internationally‐funded urban development programme in Nairobi, which was implemented in the aftermath of the post‐election violence of 2007–2008. Ethnographic data reveal how the institutionalization of pre‐existing power imbalances between landlords and tenants is accomplished through the creation of structures of community governance and ‘participatory enumeration’. The article concludes that without the resources to challenge powerful interests within the settlement, the programme is likely to worsen the condition of a large section of the residents. In the context of strong pre‐existing inequalities and conflict, participation needs careful management and firm external agency to achieve genuine social transformation.     

By‐Elections and Political Change in a Local Context: The Case of the 1973 Dundee East By‐Election and the SNP

With their unpredictability and occurrence in between nationwide elections, by‐elections have attracted a degree of scholarly interest. However, this has focused almost exclusively on how the contests have affected, or failed to affect, the direction of national politics. This article seeks to, instead, explore their influence upon the locality in which they are fought. It will achieve this through an analysis of the 1973 Dundee East by‐election and its consequences for the development of the local Scottish National Party (SNP). Prior to the by‐election, the party had not been particularly strong in Dundee. Yet the contest provided a setting in which it was able to transform itself into one of the most effective Nationalist organisations in Scotland, capable of cementing an SNP MP in the constituency from 1974 until 1987, holding firm against the collapse in the party's support across the country in the late 1970s and early 1980s. The article will examine the extent to which this resistance to the national swing was facilitated by the legacies of the by‐election and the extent to which its wider footprint contributed towards the development of an enduring party tradition that has persisted for decades.     

The Early Development of Pastoralism in the Central Zagros Mountains

This paper explores the changes in early forms of pastoralism in the West Central Zagros Mountains from village-based herding in the Neolithic period to initial stages in the formation of full-fledged nomadic pastoralism by the Late Chalcolithic period. It has been argued that the initial development of pastoralism in the Central Zagros Mountains should be viewed as an adaptive strategy to a highland environment with limited and dispersed resources in order to supplement a primarily agricultural village-based economy. With expansion of the agricultural regime, the distance to be traveled to pastures by herders became greater, and as a consequence, the organization of labor involved in herding had to be modified to meet the more complex task of moving sizable herds over larger areas. The empirical evidence for the assessment of hypotheses proposed in this paper comes from archaeological fieldwork in the Islamabad Plain in the Zagros Mountains in western Iran, as well as previous archaeological and ethnographic research in the region.     

Spatial Modelling in Decision Support for Land‐Use Planning: a Demonstration from the Lal Lal Catchment,Victoria, Australia

The outcomes of selected, contested development permit appraisals in a Victorian water catchment show that implications regarding the development status of other land parcels were not examined during negotiation and/or appeal. Given access to an adequate spatial data base, Geographical Information System (GIS) technology can be used to model such implications rapidly enough to be useful in decision support, thereby significantly widening the common ground that can be sought while seeking resolution to land‐use planning conflicts.     

Becoming Men: Masculinities and the Juvenile Convict Institutions of Carters’ Barracks and Point Puer in Nineteenth‐Century Australia

Carters’ Barracks and Point Puer were the first attempts at creating a prison institution specifically for the growing number of juvenile male transportees who were being sent to the Australian colonies. Beyond the structures and regulations of the institutions, this article seeks to examine the ways in which the boys’ understanding of masculinities shaped their relationships with prison authorities and within the juvenile prison community.