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.     

East Timorese Women Challenge Domestic Violence

Timor-Leste's struggle for independence has won it high international profile. Yet there is little known internationally about the role women played in the resistance movement and how independence has affected them. Has democratisation brought women greater freedom and rights? This article argues that some East Timorese women benefited from the construction of a new democratic state by mobilising and unifying in the political space created post-1999. East Timorese women's NGOs allied with international organisations and NGOs to form a campaign against domestic violence. This article takes a constructivist approach, analysing how international norms of women's rights and gender equality have: (1) emerged, (2) reached a tipping point, (3) cascaded and (4) been internalised in a post-conflict, democratising context.     

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.     

Contested Self-determination: Indonesia and East Timor's Battle over Borders,International Law and Ethnic Identity

ABSTRACT

East Timor's twin experiences of colonialism established its collective identity and internally recognised rights of self-determination. Political boundaries were created through negotiated treaties between Portugal and the Netherlands, and Portuguese colonialism provided East Timor with its status as a non-self-governing territory under international law in 1960. Indonesian colonialism resulted in a discursive battle over identity as both the Indonesian government and East Timor's independence movement employed ethnocultural narratives and myths to persuade the international community of the legitimacy of their respective political claims. During debates over East Timor's political status that occurred between 1975 and 1999, Indonesia emphasised the ethnic ‘kinship’ between Indonesians and East Timorese. In contrast, East Timor's representatives emphasised cultural links with Portugal and Melanesia to prove its distinctiveness from Indonesia.     

East Timor and the new humanitarian interventionism

The fate of East Timor provides a barometer for how far the normative structure of international society has been transformed since the end of the Cold War. In 1975, the East Timorese were abandoned by a Western bloc that placed accommodating the Indonesian invasion of the island before the protection of human rights. Twenty‐five years later, it was the protection of the civilian population on the island that loomed large in the calculations of these same states. Australia, which had sacrificed the rights of the people of East Timor on the altar of good relations with Indonesia, found itself leading an intervention force that challenged the old certainties of its ‘Jakarta first’ policy. The article charts the interplay of domestic and international factors that made this normative transformation possible. The authors examine the political and economic factors that led to the agreement in May 1999 between Portugal, Indonesia and the UN to hold a referendum on the future political status of East Timor. A key question is whether the international community should have done more to assure the security of the ballot process. The authors argue that while more could have been done by Australia, the United States and officials in the UN Secretariat to place this issue on the Security Council's agenda, it is highly unlikely that the international community would have proved capable of mobilizing the political will necessary to coerce Indonesia into accepting a peacekeeping force. The second part of the article looks at how the outbreak of the violence in early September 1999 fundamentally changed these political assumptions. The authors argue that it became politically possible to employ coercion against Indonesian sovereignty in a context in which the Habibie government was viewed as having failed to exercise sovereignty with responsibility. By focusing on the economic and military sanctions employed by Western states, the pressures exerted by the international financial institutions and the intense diplomatic activity at the UN and in Jakarta, the authors show how Indonesian political and military leaders were prevailed upon to accept an international force. At the same time, Australian reporting of the atrocities and how this prompted the Howard government to an intervention that challenged traditional conceptionsof Australia's vital interests, is considered. The conclusion reflects on how thiscase supports the claim that traditional notions of sovereignty are increasinglyconstrained by norms of humanitarian responsibility.     

Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

Gendered water spaces: a study of the transition from wells to handpumps in Mozambique

In many parts of rural Africa, women and children spend a lot of time collecting water. In the development literature, the water collection task is portrayed as oppressive, arduous, and disliked by women. Eliminating this activity from women's lives is believed to empower them, yet there has been little research investigating what actually happens at the water source or how women themselves perceive the time spent there. This research is based on one year of ethnographic fieldwork in five rural communities in the northern province of Nampula, Mozambique. Over this year, handpumps were constructed in communities where people previously collected water from distant shallow wells and rivers. This article compares the social interactions and activities between the customary water sites and the handpump through the lens of gendered space. The customary water sites are controlled by women and highly valued for their social attributes. While clean water is more accessible at the handpumps, men often regulate access to the technology and social activities are limited. This article contributes to feminist geography and political ecology by showing how differences in the materiality of water spaces interact with local norms to shape social interactions and gendered subjectivities, and how, in turn, men and women contribute to the production and meaning of these spaces. I argue that the handpumps open up new spaces for men and women to negotiate gender roles and (re)define their associations with modernity and development.     

The water question in feminism: water control and gender inequities in a neo-liberal era

The current neo-liberal moment in water policy appears to offer possibilities for realizing feminist ambitions. Several feminist scholars see the individualization and privatization of resource rights as offering possibilities for confronting gender inequalities rooted in, and reproduced by, historic and structural male favoured access to productive resources such as land and water. But we seriously doubt a progressive feminist potential of neo-liberal reforms in the water sector. We focus on water used for agricultural purposes, because neo-liberal water proposals are premised on taking water out of agriculture to uses with higher marginal economic returns. A first set of doubts involves water as a specific resource, largely because of its propensity to flow. Rights to water are less fixed and more prone to be contested at various levels and in different socio-legal domains than rights to other natural resources. The second set stems from our disagreement with the ideological underpinnings of the neo-liberal project. It reflects our concern about how water reforms articulate with wider political-economic structures and historical dynamics characterized by new ways of capitalist expansion. Furthermore, mainstream neo-liberal water policy language and concepts tend to hide precisely those issues that, from a critical feminist perspective, need to be questioned. Feminist reflections about tenure insecurity and social inequities in relation to water clash with the terms of a neo-liberal framework that invisibilizes, naturalizes and objectifies the politics and powers involved in water re-allocation. A feminist response calls for challenging the individualization, marketization and consumer/client focus of the neo-liberal paradigm.     

Ruy Cinatti,the French–Portuguese mission and the construct of East Timor as an ethnographic site*

The French–Portuguese Ethnological Mission to Portuguese Timor (1966/1969) financed by French and Portuguese research bodies and initially directed by Louis Berthe was the first mission that conducted lengthy and thorough ethnographic research in East Timor vernaculars and with East Timorese communities. Using personal and scientific archives, printed and oral sources, this article analyses the mission’s background, the role of Ruy Cinatti (a Portuguese poet, former colonial official in Timor and anthropologist trained in Oxford) in its launch, and its political and scientific context. The mission, undertaken during the Portuguese late colonial period and subject to the Portuguese authorities’ approval and surveillance, marked East Timor as a site of anthropological inquiry into the Anthropology of European tradition produced in Southeast Asia, affiliated to post-war structuralism. This case study throws light on individual agency, Portugal’s shortcomings in modern anthropology training, the international competition for Portuguese Timor as part of the Indonesian “field of ethnological study” and the transnational connections in its construction in the era of decolonization.     

Property vs. Control: The State and Forest Management in the Indian Himalaya

The latest orthodoxy to emerge in environmental literature centres on the notion that state ownership of forests results in poor management and ecological degradation. Depending on their political persuasion, scholars, policy-makers and activists either advocate privatization of state forests, or demand their transferral to local communities as solutions for promoting sustainable forest management. This article argues that such proposals are flawed because they assume that ownership status determines the ways in which resources are used and managed. It argues that an analytical distinction needs to be made between property and control for understanding the complex interplay of social, economic, political and ecological factors that influence forest stock, composition and quality. Through a historical analysis of the development of state forestry in the Indian Himalaya, the article shows how state ownership of forests does not result in the monolithic imposition of proprietary rights, but emerges instead as an ensemble of access and management regimes.     

Mapping Common Futures: Customary Communities,NGOs and the State in Indonesia's Reform Era

The post‐Suharto ‘Reform Era’ has witnessed explosive revitalization movements among Indonesia's indigenous minorities or ‘customary’(adat) communities attempting to redress the disempowerment they suffered under the former regime. This study considers the current resurgence of customary claims to land and resources in Bali, where the state‐sponsored investment boom of the 1990s had severe social and environmental impacts. It focuses on recent experiments with participatory community mapping, aimed at reframing the relationship between state and local institutions in planning and decision‐making processes. Closely tied to the mapping and planning strategy have been efforts to strengthen local institutions and to confront the problems of land alienation and community control of resources. The diversity of responses to this new intervention reflects both the vitality and limitations of local adat communities, as well as the contributions and constraints of non‐governmental organizations that increasingly mediate their relationships to state and global arenas. This ethnographic study explores participants’ experiences of the community mapping programme and suggests its potential for developing ‘critical localism’ through long‐term, process‐oriented engagements between communities, governments, NGOs, and academic researchers.     

Political Ecologies of Global Health: Pesticide Exposure in Southwestern Ecuador's Banana Industry

Pesticide exposure in Ecuador's banana industry reflects political economic and ecological processes that interact across scales to affect human health. We use this case study to illustrate opportunities for applying political ecology of health scholarship in the burgeoning field of global health. Drawing on an historical literature review and ethnographic data collected in Ecuador's El Oro province, we present three main areas where a political ecological approach can enrich global health scholarship: perceptive characterization of multi‐scalar and ecologically entangled pathways to health outcomes; critical analysis of discursive dynamics such as competing scalar narratives; and appreciation of the environment‐linked subjectivities and emotions of people experiencing globalized health impacts. Rapprochement between these fields may also provide political ecologists with access to valuable empirical data on health outcomes, venues for engaged scholarship, and opportunities to synthesize numerous insightful case studies and discern broader patterns.     

The House that Poison Built: Customary Marine Property Rights and the Live Food Fish Trade in the Kei Islands,Southeast Maluku

The use of cyanide to stun and capture live food fish for export first appeared in the Philippines during the mid‐1970s. Today, this technology has spread throughout Southeast Asia and the Indo‐Pacific region, causing widespread damage to coral reef ecosystems. This study examines the local political and economic changes that have resulted since this destructive trade arrived in the Kei Archipelago of the Southeast Maluku District in Indonesia. District and provincial fisheries and law enforcement officials turn a blind eye, and evidence suggests complicity by some members of the military. Many local fishermen attempt to resist, motivated more by vestigial concepts of communal village rights and rules governing access to coral reef territories and resources, than by some intrinsic sense of environmental conservation. The article challenges the romantic predisposition of indigenous knowledge systems scholarship that characterizes local knowledge and practices as inherently eco‐friendly and socially just, and argues for closer examination of the dynamics involved when local practices and institutions are integrated into larger circuits of production and trade.     

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.     

International origin and development of nationalism: Generational transformation of East Timorese nationalism under Indonesia's occupation (1975–1999)

East Timorese nationalism experienced a unique generational transition during Indonesia's occupation hinging onto internationalism in the changing world. In contrast to the existing literature on nationalism, which is overwhelmingly focused on earlier construction of nationalism and post-independence nation building, this article offers a theoretical account of the transformation of nationalism from an older to newer generation through a socio-historical analysis. In light of interactions between nationalism and internationalism, it argues that while the older generation relied on a Lusophone cosmology of anti-colonialism derived from counterparts in Portuguese colonies in Africa in the 1960s, the younger generation took advantage of universal human rights advocacy in the 1990s in its aspiration for independence. In doing so, this study demonstrates both generational continuity and change in the construction, development and transformation of East Timorese nationalism.     

Circulating Stories: East Timorese in Australia and Questions of Post‐Independence Identity

During the Indonesian occupation of East Timor, diasporic groups played a central role in the campaign for self‐determination. Throughout the occupation, East Timorese in Australia maintained a strong sense of long‐distance nationalism, which drove, directly or indirectly, communal and social activities. The fight to free East Timor was at the core of the exiles' collective imagination, defining them as a largely homeland‐focused community. However, in the aftermath of the independence, the role and position of the diaspora have been less clear and the exiles have struggled to redefine their relationship with their home country. Personal experiences upon return and perceptions of political, cultural, economic, and social development (or lack thereof) have led to renewed questioning of identity and belonging. This article explores the renewed questioning of identity and belonging embedded in people's ‘circulating stories’ of change, sacrifice and return.     

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.     

Indigenization of the Pacific War in Timor Island: A Multi-language Study of its Contexts and Impact

This article provides a multi-dimensional picture of West and East Timorese participation in war-time violence using Japanese, Portuguese and English sources. It argues that mobilization of the ‘natives’ by foreign forces in neutral Portuguese Timor brought about a reorganization of social relations on Timor Island. From a local perspective, the exploitation of the Timorese resulted in a great number of casualties, and intensified existing tensions, but also created trans-colonial communities.     

‘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.     

Customary Tenure and Reciprocal Grazing Arrangements in Eastern Ethiopia

This article examines how customary tenure provides a basis for reciprocal access arrangements and facilitates access to grazing resources in order to adapt to changing conditions. A critical review of the literature on the range ecology and institutions of resource governance guides the overall analysis, while empirical results from three case studies show that internal social relationships and kinship structures still remain important determining factors in facilitating access to the grazing commons. Many forms of institutional arrangements exist, providing different kinds of incentives. For instance, trading of grazing rights at household level provides an important safety‐net for poor pastoral and agropastoral herders, in spite of fears regarding negative externalities for de facto co‐owners of the commons. Evidence from the three studied districts reveals that the influence of resource attributes on institutional choice favours flexibility rather than supporting the axiom of the conventional property rights theory, which considers greater exclusivity to be a natural response to scarcity. Institutions supporting reciprocal grazing relations are characterized by negotiability and by an ambiguity of rights: clan rules facilitating reciprocal grazing are not based on maximization of benefits from own grazing commons, but rather on maximization of security of use rights through investing in relations with others.