Land and Sea Tenure at Erub,Torres Strait: Property,Sovereignty and the Adjudication of Cultural Continuity

Approaching property as social practice, and native title as a confluence of indigenous, ethnographic, and legal discourses, we address two themes: firstly, the ethnocentrism of the state's division of ‘property’ from ‘jurisdiction,’; applied to deny indigenous societies' practice of the latter; and secondly, the contradictions inherent in judicial evaluation of continuity and discontinuity in indigenous law and custom. We explore the relationship of ‘home place’ to tenure at Erub, where island, reef and ocean comprise a cultural and experiential continuum. Rights across a full spectrum of material/symbolic resources involve a dynamic tension between principles of exclusion and incorporative reciprocity. The issue of how to balance more particular against more collective rights is at play with each nesting of more local into more inclusive socio-territorial identities: from households and lineages, through island communities, sub-regional island groups, and Torres Strait regionally, to the encapsulating state and evolving international orders. At Erub, an island community long regarded as a vanguard of creolization for Torres Strait, newcomers have by-and-large been assimilated to indigenous systems of land- and sea-holding and authority. The connection between people and territory is a complex practice of social identities and interests responding to political opportunity, according to cultural forms that manifest substantial and traceable continuities to indigenous arrangements, as innovation has proceeded. The continuities appear sufficient to satisfy criteria for native title recognition as articulated in the Mabo decision, but the criteria themselves are too narrowly based to accommodate the processual dynamics of evolving culture and tradition. A reordering of territorial jurisdiction, predicated on the principle of Islander consent to development activities in their homelands/seas, would provide more authentic conditions for cultural autonomy.     

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

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

The significance of significance in cultural heritage studies: a role for cultural analogues in applied geography teaching

Abstract

This teaching exercise for increasing awareness of, and sensitivity to, issues in cultural heritage management addresses the significance attached to cultural icons associated with the past. The exercise uses representative places from the non‐indigenous Australian historical landscape as cultural analogues to introduce non‐indigenous Australian students to issues of indigenous cultural heritage. Assessment of student response suggests that the exercise serves its purpose in increasing awareness of both issues of cultural significance and difficulties in cultural heritage management.     

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.     

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.     

(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.     

Monuments, Memory and Marginalisation in Adelaide's Prince Henry Gardens

Social and cultural dominance is (re)produced in the landscape by the exclusion or marginalisation of subordinate and minority groups. This paper illustrates the long-standing and ongoing exclusion of representations of indigeneity in and around Prince Henry Gardens, part of one of the most significant cultural and memorial sites in South Australia. Prince Henry Gardens is home to a large number of monuments and memorials that commemorate almost solely non-indigenous people and events. This is a selective and deliberate landscape of the dominant culture. It confirms a legacy of indigenous dispossession and is symbolic of ongoing marginalisation. While there have been recent compensatory initiatives by state and city agencies to create landscapes of reconciliation through symbolic gestures such as renaming parkland areas, these are argued to be contentious. They associate indigeneity with the city's margins, with violent places and public drunkenness, and perpetuate problematic associations between ‘real’ indigeneity and nature. The paper concludes with some ideas for new memorial landscapes intended to help construct a postcolonial Australian city.     

Dispossession 1990s style: Aborigines,islanders and the policy making process of the Goss labor government

Aboriginal and Islander people in Queensland remain unempowered in the policy making process of government. This is achieved by downgrading and under‐resourcing the relevant portfolio, by co‐locating it with welfare, by giving other departments statutory rights in decision making on indigenous issues which are not reciprocal, by relocating key indigenous policy areas into otherwise antagonistic departments, by ghettoising the issues in Cabinet and by failing to elucidate clear policy guidelines on indigenous issues. The Goss government has also ensured that indigenous people remain unempowered outside of government by failing to legislate for regional land councils, Aboriginal majority on national parks boards of management and an Aboriginal‐controlled statutory acquisitions fund and by retaining excessive discretionary power in the administration of the 1991 Land Acts.     

‘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.     

Expanding the Australian Empire?: The Australian Council for the World Council of Churches,the Menzies Government and the New Hebrides in the late 1950s

In the late 1950s the Australian Council for the World Council of Churches (AC‐WCC) inspired primarily by the Presbyterian Church, undertook a concerted campaign to pressure the Australian government to assume a greater role in the affairs of the New Hebrides. The AC‐WCC wanted the Australian government to take over the United Kingdom's role in the administration of the Anglo‐French Condominium. It was motivated to undertake this campaign by the dismal social and economic conditions in the islands, the neglect of the British and French colonial authorities, and their failure to offer the indigenous people a way forward to self‐government. The high point of the campaign was a meeting between Robert Menzies, the Australian prime minister and a delegation from the AC‐WCC in early 1958. As a result of this meeting Australian ministers and officials, for the final time, gave extended consideration to expanding Australia's empire in the South Pacific to include the New Hebrides. This article examines the AC‐WCC's campaign, explores the Australian government's response, and analyses the outcome of this important episode in Australia's involvement in the colonial territories of the South Pacific.     

Salutary Lessons: Native Police and the ‘Civilising’ Role of Legalised Violence in Colonial Australia

Over much of the nineteenth century, recurring problems of covert and opportunistic conflict between settlers and Indigenous peoples produced considerable debate across the British settler world about how frontier violence could be legally curbed. At the same time, the difficulty of imposing a rule of law on new frontiers was often seen by colonial states as justification for the imposition of order through force. Examining all the mainland Australian colonies from the 1830s to the end of the nineteenth century, this paper asks how this contradictory dilemma played out through deployment of ‘native police’ and the ‘civilising’ role of legalised violence as a strategy for managing the settler frontier. In light of wider debate about a humanely administered empire, Australia’s first native police force established in New South Wales in 1837 was conceived as a measure that would assist in the conciliation and ‘amelioration’ of Aboriginal people. In the coming decades, other Australian colonies employed native police either as dedicated forces or as individual assistants attached to mounted police detachments. Over time, the capacity they held to impose extreme violence on Aboriginal populations in the service of protecting pastoral investments came to reflect an implicit acceptance that punitive measures were required to bring order to disorderly frontiers.

By tracing a gradual shift in the perceived role of native police from one of ‘civilising’ Aboriginal people to one of ‘civilising’ the settler state itself, this paper draws out some of the conditions under which state-sanctioned force became naturalised and legitimated. It concludes that, as an instrument of frontier management, native policing reflected an enduring problem for Australia’s colonial governments in reconciling a legal obligation to treat Aboriginal people as subjects of the crown with a perceived requirement to bring them under colonial authority through the ‘salutary lessons’ of legalised violence.     

Declining Food Security in a Philippine Oil Palm Frontier: The Changing Role of Cooperatives

The long‐held redistributive function of agricultural cooperatives — one of moral economy and poverty alleviation — has changed dramatically as they emerge as core brokers for agro‐industrial development in the so‐called ‘green economy’. This article examines the changing role of cooperatives involved in brokering oil palm production and its impact upon the food security and livelihoods of smallholders who labour in plantation regimes situated in historically uneven agrarian political economies. Findings show how, increasingly, cooperatives reinforce uneven agrarian social relations of production and exchange in which indigenous smallholders experience loss of land, poor wage labour conditions tinged with insecurity and prejudice, and mounting debt in an expanding oil palm complex. The article suggests that these changes in agrarian social relations negatively influence indigenous farmers’ food security pathways, with their access to and use of appropriate foods diminishing. It asserts that understanding the impacts of cooperatives on food security pathways requires a relational and situated analysis of livelihood change and agrarian relations in extractive frontiers.     

Caring for Country: History and Alchemy in the Making and Management of Indigenous Australian Land

This paper traces the history of ‘caring for country’ tropes in writing about indigenous Australian land and land management. While ‘caring for country’ initially referred to dynamic land use and ownership practices, it progressively became a less historical, more primordial, conception of indigenous land ownership, use, and management. In reviewing constructions of ‘land’ in scholarly literatures and policy debates, I seek to explain how they interact with local indigenous practices and idioms. Drawing on examples from the cultural and linguistic fields of A?angu, speakers of Pitjantjatjara and Yankunytjatjara, I examine a variety of concurrent uses of ‘country’, ‘caring’, or ‘nurturance’ and ‘caring for country’. A cross‐linguistic perspective on these objectifications – in English, Aboriginal English, and central Australian indigenous languages – shows how they may attend selectively to the historical specificity of indigenous experience. But this, I argue, may be the key to their efficacy in intercultural projects. Coded messages in bilingual documents reflect a kind of agency whereby A?angu choose to leave equivocal histories unstated and thereby reconstitute government projects in terms that work for them. The referential flexibility around idioms of land and nurturance is a kind of alchemy in language and social life that is the condition of the success of actual land management activities. Terms including ‘country’ and ‘caring for country’ elide the socio‐political dynamics that otherwise complicate actual rights and uses of land. That is why they can form the social basis of common activities, the production of ‘congeniality’ both within A?angu social life and at the interface with outsiders, in land management and other fields.     

Losing the Blanket,Building a Fence: Australian Anxiety and the End of Military Colonialism in Malaysia

From 1955 to 1988, the Royal Australian Air Force (RAAF) maintained a large airbase in Northern Malaysia. For the first 15 years of its existence, RAAF Butterworth had a modest and incomplete perimeter fence. With the end of British military colonialism in Malaysia and Singapore following the implementation of the ‘East of Suez’ policy, the Australians became preoccupied with their physical security and the role of the perimeter fence. By exploring the adoption of practices of exclusion via physical barriers in the wake of British withdrawal, this paper argues that the changing psychological outlook of Australian military officials reflected broader Australian anxieties about their own sense of ‘Britishness’ and the nation’s place in a decolonising Asia. As the Australians lost their British ‘blanket’ they built a fence.     

Theory and the analysis of Australian politics

Sharman's 1989 APSA Presidential Address is a welcome critique of the interpretation of Australian politics, but the questions that it raises need to be taken further. The importance of Australian political experience in the formation of an indigenous political tradition is recognised, but it is misleading to see it as stemming from the desire to limit executive power. This article explores the nature of this indigenous governmental tradition, and goes on to consider what we learn from this debate about the nature of constitutional theory, and the relationship of academic debate to constitutional models.     

Conceptions of Australian political thought: A methodological critique

This paper takes issue with a number of standard interpretations of Australian political thought and the methods of argument by which they have been reached. It confronts the substantive claims (a) that Australia has produced no significant indigenous political thought, ideology, or ideological conflict, and (b) that which passes for political thought is generally derivative, lacking in originality and inferior. It is argued that such claims are based upon unduly narrow conceptions of political thought and misplaced categories of evaluation. Finally, the paper demonstrates that by expanding our conceptions of political thought beyond that of ‘epic’ or universalist political philosophy, and applying methods of evaluation appropriate to the subject matter, more sensible conclusions can be drawn about the existence and quality of Australian political thought, as well as its place in political life.     

Gmo Neighbourhoods – Will Co‐Existence Be A Geographically Realistic Possibility?

In Denmark, there has been widespread opposition to the use of genetically modified organisms (GMOs) as a result of which rules have been developed relating to the co‐existence of GM, conventionally and organically produced crops. This has been in the form of a spatially elaborated implementation of the precautionary principle adopted in the Maastricht Treaty from 1992 by the EU. We concretized these rules in relation to actual landscape practices among primary producers of sugar beet in Denmark, and simulated the co‐existence of GM and conventional sugar beet in an area of intensive sugar beet production in Lolland, South Eastern Denmark. The theoretical basis for our work finds three major sources of inspiration; namely Ulrich Beck's theory of the ‘risk society’, Torsten Hägerstrand's concept of ‘the process landscape’ and its relation to the social practices of land users, and Bri‐an Wynne's studies of the discrepancy between theoretical and practical knowledge related to environmental risk. The farmers, who were involved in the study, were interviewed concerning their opinions on land‐use practices in cases of co‐existence. Interviews were carried out both before and after the study took place. It is concluded that although the farmers are positive towards the possibility of introducing GM sugar beet, it is not realistic to expect the rules of co‐existence to be observed, which makes the risk assessment behind the new rules unrealistic. Further studies of social practice in relation to trends and geographical variations in the distribution of structure, size and fragmentation of agricultural holdings are recommended in order to investigate possibilities for realistic co‐existence.     

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.     

Settlers,Workers, and the Logic of Accumulation by Dispossession

This article offers a critique of the Wolfe-an model, which has become so dominant within contemporary Settler Colonial Studies (SCS). It focuses particularly on the central claim made by Patrick Wolfe, and others after him, that settler colonialism is categorically differentiated from other forms of colonialism by its drive to “eliminate the native”, instead of exploiting them. This paper builds on the literature that shows how settler colonies have used elimination as well as exploitation in their relations with indigenous peoples—even transitioning from one to the other. Instead, the paper argues that focusing on accumulation by dispossession allows for an analysis of the specificity of settler social relations to emerge. It highlights the specific ways in which settlers collectively expropriate indigenous peoples and struggle amongst different settler classes over the distribution of the colonial loot.     

The Spatial Organisation of Women's Soccer in Adelaide: Another Tale of Spatial Inequality?

Although sport is considered an important component of Australian society and a precious vehicle of social interaction, sports geography remains in many ways a neglected field of investigation. Nevertheless, geographical studies of sports can add valuable insights to more acknowledged geographical discourses. They can also contribute to regional sporting success. This paper analyses the current spatial organisation of women's soccer in Adelaide and outlines the unequal spatial expression of its recent professionally‐oriented approach, the achievement phase. A significant proportion of Adelaide's female population experiences limited opportunity to participate fully in the sport. The sport therefore fails to maximise its human resources and its spatial organisation constitutes a limit to the competitiveness of South Australian women's soccer as a system. The paper uses the concept of social capital to explore the unequal engagement of four sub‐regions in women's soccer. Many of the areas experiencing relative exclusion from women's soccer are the same ones that suffer the most from disengagement from the global economy. In those areas, socio‐economic disadvantage is matched by limited opportunities for self‐fulfilment through sport, and the effectiveness of social networks is weaker. This work aims to provide information for South Australian women's soccer institutions to foster enhanced equity in terms of access to the sport in metropolitan Adelaide. It also provides a base from which to investigate the reasons behind sub‐regional differences in the ability to produce quality players, knowledge that, if applied to these less productive areas, may contribute to the general enhancement of overall sporting outcomes.