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.     

Wrathful Ancestors,Corporate Sorcerers: Rituals gone Rogue in Merauke,West Papua

Anthropological studies of ritual ‘failure’ challenge the assumed efficacy of ritual in affirming the social order. Drawing from fieldwork in West Papua, I examine the ‘failure’ and ‘success’ of two rain‐making ceremonies – one hosted by an indigenous Marind expert, the other by an Indonesian oil palm corporation. Participants conceived the failure of the first ritual as a punishment meted by ancestral spirits against Marind who support agribusiness expansion. Meanwhile, the success of the corporate ceremony confirmed rumours that corporations wield foreign and powerful forms of sorcery. Drawing on Gregory Bateson's notion of the double bind, I suggest that the ritual outcomes dramatize the irreconcilable demands placed on Marind by custom and capitalism. Attempts to endorse agribusiness incur ancestral punishment, while efforts to oppose it are thwarted by the superior power of corporate sorcerers. In this context, I argue, the moral implications of the corporate ritual's unexpected ‘success’ prove just as problematic as those of the customary ritual's dramatic ‘failure’. Co‐opted yet efficacious, corporate rituals point to a new social order in which both Marind and their ancestral spirits find themselves subjected to foreign sources of supernatural control.     

Acts of heritage,acts of value: memorialising at the Chattri Indian Memorial,UK

Abstract

The Chattri Indian Memorial is a public site that hosts and embodies heritage in complex ways. Standing on the edge of Brighton, UK in a once-remote part of the Sussex Downs, the Memorial was built in 1921 to honour Indian soldiers who fought on the Western Front during the First World War. As both a sacred place and a space of socio-cultural heritagization processes, the monument is an enduring testament of past values of war heroism, but also more ephemeral practices of ritual. The article documents the heritage-making at work within memorialisation at the Chattri as a case study, examining how differing ‘valuations’ of a memorial site can be enacted through time, between material form and immaterial practices, and across cultures. The article theorises participants’ current affective practices as conscious ‘past presencing’ , and analyses how their conscious acts of heritage-making affectively enacted values of morality, community and belonging.     

Differentiation as a double‐edged sword: member states’ practices and Brexit

The reform of the eurozone and the concerns surrounding a potential ‘Brexit’ has given rise to a new debate about differentiation but also disintegration in the European Union. This article provides a theoretical and analytical approach to understanding how differentiation is related to the debate on distribution of competences across various levels government. It finds that differentiation has played an important role in the EU integration process since the 1950s, even though the risk of fragmentation has always existed. Facing the benefits and costs of differentiation, the member states have developed their own practices. Three ideosyncratic groups of member states can be identified in this regard: first, a group of Anglo‐Scandinavian member states which refuse centralization of the EU; a Franco‐German group which considers the integration through the promotion of a ‘core Europe’; and, third, a group of central and east European member states who fear that differentiation would set their interests aside and relegate them to second‐class status within the EU. Finally, Brexit is not only about the status of the UK in the EU, but casts deeper questions on how to clarify the nature of relations between the eurozone and the EU as a whole.     

Constructing Community Through Refuse Disposal

Unlike archaeologists working in Europe, Southwest Asia, and North America, Africanists have been slow to explore links between culturally structured, everyday practices, and refuse disposal, remaining inclined to view all “midden” accumulations as undifferentiated deposits. However, African ethnographic cases and archaeological researches elsewhere demonstrate that such accumulations can be highly selective and culturally structured compositions. This paper reviews examples that have shown cultural structure in the disposition of spent items. It then explores African ethnographic and archaeological cases, one from Niger and three from East Africa, in which handling of culinary artifacts and products may reveal links between household and community through habitual acts of refuse placement.     

Fields,Ritual and Religion: Holistic Approaches to the Rural Landscape in Long‐Term Perspective (c.1500 BC–AD 1086)

This paper discusses the relationship between agricultural activity and ritualized/religious practices in England from the middle Bronze Age to the early medieval period (c.1500 BC–AD 1086). It is written in the context of the ERC‐funded, Oxford‐based ‘English Landscapes and Identities project’ (EngLaId), which involved the compilation of an extensive spatial database of archaeological ‘monuments’, finds and other related data to chart change and continuity during this period. Drawing on this database alongside documentary and onomastic evidence, we analyze the changing relationship between fields, ritual and religion in England. We identify four moments of change, around the start of the middle Bronze Age (c.1500 BC), in the late Bronze Age (c.1150 BC), the late Iron Age (c.150 BC) and the middle/late Anglo‐Saxon period (c.800 AD). However, despite changes in both agricultural and ritual/religious practices during this extensive timeframe, a clear link between them can be observed throughout.     

Understanding Social Performance: A ‘Practice Drift’ at the Frontline of Microfinance Institutions in Bangladesh

This article examines the role of microfinance staff and procedures in enabling microfinance's social mission. It does so primarily through studying institutional ruling relations and practices in rural Bangladesh. Attempting to move away from the linear and deterministic approaches of impact studies, it ethnographically scrutinizes the everyday practices of implementers. Findings point to the emergence of systemic practices that jeopardize microfinance institutions’ potential to perform their social mission. These include low client‐selection standards, hard selling of loans and forceful loan renewal, little follow‐up on loan use, and abusive and violent client‐retention and repayment‐collection strategies. This is conceptualized as a ‘practice drift’ as distinct from the commonly reported ‘mission drift’. Rather than stemming from planned, top‐down changes in institutional mission and strategy, practice drift emerges from a displacement of decision‐making processes to the branches. The article argues that observed changes in microfinance practice are enabled by decentralized structures and management systems that leave the choice of tactics used to achieve targets to the discretion of field staff.     

Blood from the Moon: Gender Ideology and the Rise of Ancient Maya Social Complexity

Archaeological data suggests that there is a direct link between the rise of social complexity and the erosion of women's status. Through a look at the ways in which gendered practices and symbols may shift as men and women (and males and females) negotiate their relationships and interactions within shifting social contexts, this article sets out to explore this linkage between social complexity and gender equality in the ancient Maya region. Building from the notion that ‘gender’ is produced and reproduced through practice and symbol as a culture constitutes and bounds gender roles and expectations by symbolically associating certain activities and materials with each gender as iconic representations and ritual enactments of those normative gender roles then serve to naturalise a gender ideology, this article argues that the rising ancient Maya elite attempted to legitimise increasing social inequalities through the manipulation, ritualisation and abstraction of female symbols of power associated with pregnancy, menstruation and childbirth. This appropriation and contestation of symbols and performances of gender identity can be observed in wide variety of powerful representations and practices within the Maya cosmology such as genital piercing, the 260‐day calendar and the neutering of female sexuality in monumental art.     

New Boundaries of Influence in Highland Papua: ‘Culture’, Mining and Ritual Conversions

This article considers the new boundaries of influence among Fuyuge speakers in the Udabe Valley (Central Province, Papua New Guinea [PNG]). These new boundaries have arisen through the conjunction of epochal shifts implicating the PNG State, and local forms of ritual. On the one hand the PNG State's particular advocacy of widespread resource extraction is coupled with its need to comply to signed agreements of international bodies such as the World Trade Organization. Both have consequences for the way boundaries are newly conceived with respect to the ‘land’ (‘landowners’) and with respect to ‘culture’ (‘cultural property’). On the other hand, peoples such as the Fuyuge create and recreate local boundaries of influence through the performance of ritual conversions ‐ as regards persons, place names, or collective names. At the same time a local Fuyuge perspective on ‘culture’ suggests that its boundaries be delineated, analogous to the definitions of boundaries for ‘landowners’ compelled by mining operations. The article highlights connections between these local changes and the current concerns of PNG academic scholars to mandate the protection of localised PNG cultural property, an outgrowth of current epochal alterations.     

Resistance,Symbolism and the Language of Stateness in Timor‐Leste

On gaining independence in 2002 after a protracted struggle against Indonesian occupation, the sovereign Timor‐Leste state began to assert its sovereignty in a range of discursive and expressive media. These assertions developed a distinct ‘language of stateness’ that is the focus of this article. This East Timorese expression of state sovereignty draws heavily on the legacy of the Timorese resistance struggle and on a variety of other sources of symbolic power such as flags, buildings, logos, and uniforms. Yet these efforts have been contested by a range of non‐state actors in Timor‐Leste and the shape that this language of stateness has taken now evokes complaints from martial arts groups (MAGs), ritual arts groups (RAGs), and veterans' organisations that seek to ‘become like the state’ themselves, and who also employ a ‘national language of stateness’ in the form of flags, graffiti, and official buildings. While not challenging the idea of an independent East Timorese state per se, these groups question the prerogative of the state to use and define the language of stateness. In this article I explore the way the state and its challengers use ‘languages of stateness’ and how this shapes their ambivalent stance vis‐à‐vis each other, with both sides often drawing upon a discourse of the fulfilment of the millenarian promises that have for a long time been tied to the achievement of independence.     

Indigenous Research: Whose Priority? Journeys and Possibilities of Cross‐Cultural Research in Geography

Decolonising research in geography is part of a broader ‘reflexive’ process which continues to question the positivist status of ‘researcher as observer’. This paper contributes to this reflexive turn, drawing on the particular experiences of a cross‐cultural Honours thesis. The paper is pursued through a parallel journey involving a non‐Indigenous researcher (and author of the cross‐cultural Honours thesis) engaging Indigenous research 1 with interpretative insight from an Indigenous adviser or ‘on‐looker’. The methodological difficulties revealed by the parallel journey are emphasised to highlight both the complexities and reflexive possibilities of cross‐cultural research but also to consider potential institutional and pedagogic implications that stem from the experience. One of the substantial findings of the paper is that, by linking Indigenous community priorities to research and coursework, conventional (and often unequal) research relations are minimised and colonising tendencies reduced. By challenging the conventional way that cross‐cultural research is conceived, and the way that institutional practices and research frameworks are implemented, geographers can continue their prolonged and complex efforts at decolonisation of the field and their own practices.     

Do Women Need the Renaissance?

Joan Kelly's path‐breaking article, ‘Did Women have a Renaissance?’, first published in 1977, led historians of women in many fields to question the applicability of chronological categories derived from male experience. Thirty years later, the questioning continues, augmented by doubts about whether all systems of periodisation over‐simplify the diversity of gender. This paper examines what might be lost if feminist historians, in their sensitivity to difference, refuse to apply structures of periodisation. It looks at challenges to both ‘Renaissance’ and ‘early modern’ as conceptual categories and suggests ways in which gender is and must remain central to understandings of these eras.     

Sports, ‘race’ and the Finnish national identity in Helsingin Sanomat in the early twentieth century

The main goals of this article are first to examine through Olympic sports journalism what hierarchies and categorisations of the global space and the people populating it were considered important to the national imagery in Finland at the beginning of the twentieth century and, secondly, to assess how the notion of race was intertwined with these categorisations. Sports journalism played an important role in Finland by constructing and legitimising a national imagery and by providing accounts of other races, cultures and nationalities that were considered ‘different’ from ‘us’. The article concludes that sports journalism at that time employed three major discursive practices that were aimed at constructing an image of a white, Western and Finnish nation living in the north. The ‘others’ were placed in a hierarchy, in which their position was determined by their racial background and assumed similarities/differences in appearance and behaviour as compared with Finnish males.     

Intimate Consumption and New Sexual Subjects Among the Sambia of Papua New Guinea

This article examines the transformation of sexual meanings, attitudes, norms, and practices surrounding depletion and pollution across decades (1974–2010) among the Sambia of Papua New Guinea. In the premodern village, all sexual intercourse, whether with boy‐initiates or women, was ritualized and ultimately controlled by the men's secret society. Intimate consumption refers traditionally to a symbolic complex of beliefs, concepts, emotions, and ritual experiences involving sexuality, bodily health, social relationships, and gendered politics. But it also covers sexual anxieties corresponding to the transfer and loss of bodily fluids via the perceived depletion and pollution of self and body. For adult men, the sense of intimate consumption requires repeated substance replenishment and purification. Intimate consumption made oral and vaginal sex highly rule‐bound, taboo laden, and intensely regulated in terms of the meaning, scope, duration, and intended goals of sexual exchange. Pacification, colonization, out‐migration, Seventh Day Adventist (SDA) Christianity, and primary schooling in the Sambia Valley over a period of decades instigated social transformations that challenged and wore down this system of sexual regulation. Thus, the transition from ritual to non‐ritual practices, i.e., more individualistic sexual relationships, highlight narratives of change in the Sambia sexuality. With the demise of ritual initiation in the 1980s and 1990s, and the appearance of HIV and SikAids in the Sambia Valley, explicit ritual sexual techniques were no longer socialized. Modernity (in the sense of a set of policies, attitudes, and rules introduced through institutions such as the government community school) and SDA church sociality influenced both the pace and form of this sexual transformation. Among the greatest changes was the expansion of female agency and sexual autonomy, and personal decision‐making vis‐à‐vis especially marriage and also romance, courtship, and sex. Notably, oral sex, once universal and mandatory, largely disappeared from Sambia intimate relations. Today, spousal intimacy reveals a different set of more ‘modern’ meanings and behaviors compared to two generations ago, e.g., more mutualistic and companionate. Intimate consumption remains a worry for certain Sambia young men and women today however, influenced in part by the rise of the HIV pandemic, mobility, and the absence of normative narratives of sexuality in villages and town settlements. This creates public spaces wherein new sexual subjects have emerged in the villages and urban settlements within the Sambia Valley and in settlements throughout PNG.     

Imagining Cihuacoatl: Masculine Rituals,Nahua Goddesses and the Texts of the Tlacuilos

‘Imagining Cihuacoatl’ examines the conundrum of the multiple identities of the ‘serpent woman’, a Mexica goddess, analysing her relationship with other goddesses in the Nahua pantheon. She and the others were marked in a particular sexualised and gendered manner in the Nahua world. This article argues that Cihuacoatl and the fertility goddesses cannot be conceptualised in a symbolic universe that has binary divisions between male and female, nor can they be analysed by the methods currently employed in the social and cultural history of sexuality. This article follows images of various goddesses of warfare and fertility from pre‐conquest and early post‐conquest texts, suggesting ways in which the Spanish attempted to reconceptualise all of them into a framework of demonic sin. ‘Imagining Cihuacoatl’ will interrogate the sexual performance involved in Nahua ritual, lost in the translation not just from Nahuatl to Spanish but from a system that linked sex with rites of fertility to one that linked sex with sin. ‘Imagining Cihuacoatl’ shows that Gayle Rubin's call to develop a theory of sexuality separate from gender is a project fraught with contradictions, and one that remains incomplete.     

Early Maya Ritual Practices and Craft Production: Late Middle Preclassic Ritual Deposits Containing Obsidian Artifacts at Ceibal,Guatemala

This article examines Preclassic Maya ritual practices and craft production by means of a study of ritual deposits containing obsidian artifacts dated mostly to the late Middle Preclassic period (700–350 b.c.) at Ceibal, Guatemala. New ritual practices developed at Ceibal during this period, possibly through political interactions and negotiation involving emerging elites and other diverse community members. Common objects in ritual deposits in the public plaza shifted from greenstone celt caches to other artifacts, including those made of obsidian. The inhabitants of Ceibal engaged in various kinds of craft production, including the manufacture of obsidian prismatic blades. They also conducted public rituals in the Central Plaza, depositing exhausted polyhedral obsidian cores and other artifacts with symbolic significance in caches and as offerings in incipient elite burials and interments of sacrificed individuals. These cores clearly demonstrate the use of a sophisticated blade technology. Like greenstone objects, exhausted polyhedral obsidian cores deposited in cruciform arrangements along the east–west axis of the central E-Group plaza were used as symbols and markers of the center and four cardinal directions within the Maya cosmos. Public rituals were important for creating collective identities and for processes of political negotiation within the community. Emerging elites likely came to play an increasingly important role in public rituals as principal performers and organizers, setting the stage for later public events centered on rulers.     

ONABASULU MALE HOMOSEXUALITY: Cosmology,Affect and Prescribed Male Homosexual Activity among the Onabasulu of the Great Papuan Plateau

This paper examines what has been called ‘ritualized homosexuality’ in a single ethnic group in the Strickland-Bosavi region of Papua New Guinea. Prescribed male homosexual practices are examined in the context of cosmology and the context of affect in the ‘everyday’ rather than ritual life of the Onabasulu. The perspective is derived from a more general interest in the social construction of the ‘world’ in everyday social life.     

Decentralization and Democracy in Indonesia: A Critique of Neo‐Institutionalist Perspectives

This article assesses some of the major premises of neo‐institutionalist explanations of decentralization policy and practices, but focuses especially on the relationship between decentralization and democracy, in the context of the recent and ongoing Indonesian experience with decentralization. In the last two decades ‘decentralization’ has become, along with ‘civil society’, ‘social capital’ and ‘good governance’, an integral part of the contemporary neo‐institutionalist lexicon, especially that part which is intended to draw greater attention to ‘social’ development. The concern of this article is to demystify how, as a policy objective, decentralization has come to embody a barely acknowledged political, not just theoretical, agenda. It also suggests alternative ways of understanding why decentralization has often failed to achieve its stated aims in terms of promoting democracy, ‘good governance’, and the like. What is offered is an understanding of decentralization processes that more fully incorporates the factors of power, struggle and interests, which tend to be overlooked by neo‐institutionalist perspectives. The current Indonesian experience clearly illustrates the way in which institutions can be hijacked by a wide range of interests that may sideline those that champion the worldview of ‘technocratic rationality’.     

The Poetics of the Crocodile: Changing Cultural Perspectives in Ambonwari

ABSTRACT Ambonwari people from the East Sepik Province, Papua New Guinea, had a rich repertoire of song‐dances, each of which was associated with specific events and the birth of something new. Together they represented the entire human life cycle as well as the cosmology at large. Visual, verbal and tactile modalities of singing and dancing were tightly interwoven; images and symbols were enacted by the dancers, in their decoration, arrangement, movements and in the whole ceremony and were firmly situated in their landscape. Accordingly, song‐dances were also an important practice in male initiation ritual. The first song‐dance of the ritual was the crocodile song‐dance. This article analyses different transpositions of images and meanings which can be decoded from the dance, from the objects that were part of the initiation rite, and from the parallelism and rich allegory of verses. These transpositions operate at different levels until they converge upon the existential facts of birth and death. In the new millennium and under the influence of a Catholic charismatic movement, however, Ambonwari broke off their relationships with spirits, abandoned the men's houses and stopped talking about male initiation ritual. Along with other traditional song‐dances the crocodile song‐dance has been taken over by the song‐dances of the Holy Spirit. These changes in social and cultural perspectives, which are still taking place, are at the same time products and producers of the changes in their relationship to ‘space’ and ‘time’ which are at the same time changes in visual and auditory perception and expression of their life‐world. All these changes should not be seen merely in some abstract or symbolic terms but as tangible processes generated by people's action.     

Public Authority and Conservation in Areas of Armed Conflict: Virunga National Park as a ‘State within a State’ in Eastern Congo

Much research on nature conservation in war‐torn regions focuses on the destructive impact of violent conflict on protected areas, and argues that transnational actors should step up their support for those areas to mitigate the risks that conflict poses to conservation efforts there. Overlooked are the effects transnational efforts have on wider conflict dynamics and structures of public authority in these regions. This article describes how transnational actors increasingly gained influence over the management of Virunga National Park in eastern Democratic Republic of Congo (DRC), and how these actors contributed to the militarization of conservation in Virunga. Most scholarly literature suggests that ‘green militarization’ contributes to the extension of state authority over territory and population, yet this is not the case in Virunga. Instead, the militarization of Virunga translates into practices of extra‐state territorialization, with the result that many in the local population perceive the park's management as a project of personalized governance and/or a ‘state within a state’. This article thus argues that it is important to depart from an a priori notion of the ‘state’ when considering the nexus of conservation practices and territorialization, and to analyse this intersection through the lens of public authority instead.