Images of Community: Discourse and Strategy in Property Relations

This article argues that divergent images of community result not from inadequate knowledge or confusion of purpose, but from the location of discourse and action in the context of specific struggles and dilemmas. It supports the view that ‘struggles over resources’ are also ‘struggles over meaning’. It demonstrates the ways in which contests over the distribution of property are articulated in terms of competing representations of community at a range of levels and sites. It suggests that, through the exercise of ‘practical political economy’, particular representations of community can be used strategically to strengthen the property claims of potentially disadvantaged groups. In the policy arena, advocates for ‘community based resource management’ have represented communities as sites of consensus and sustain-ability. Though idealized, such representations have provided a vocabulary with which to defend the rights of communities vis-à-vis states. Poor farmers, development planners, consultants and academics can also use representations of community strategically to achieve positive effects, or at least to mitigate negative ones. Most, but not all, of the illustrations in this article are drawn from Indonesia, with special reference to Central Sulawesi.     

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.     

Assessing side-payment and cost-sharing patterns in international water agreements: The geographic and economic connection

To a large degree, conflicts over transboundary freshwater resources arise because property rights have not been clearly defined. International water law provides only hints and suggestions as to how states should resolve their water disputes, since legal principles and clauses are ambiguous and contradictory. But conflict often creates a need for cooperation, which is achieved by means of negotiations, and the specific outcome of negotiations is almost always codified in an international treaty. This article considers bilateral water agreements for rivers with particular geographical configurations and aims to answer a fundamental question: how and why do bilateral treaties vary in their design? Further, it examines international freshwater treaties to deduce the nature of treaty remedies, particularly the side-payment and cost-sharing arrangements, used for resolving conflict over rivers shared by two countries. The theory and testable hypotheses consider geography and economics in order to explore treaty design. In essence, the ‘willingness to pay’ of one of the states reflects on the property rights solution and can be explained by geography and economics. Three geographical configurations are investigated here. The findings affirm that side-payments frequently occur to offset an asymmetric geographical relationship between upstream and downstream states, and are commonly regarded as an appropriate instrumentality for solving a property rights dispute. Side-payments are non-existent when the geographic relationship among the riparians is symmetric and costs for the joint project are most always equally shared. As expected, in this latter case, the geography of the river acts as a focal point for equal participation. When economic differences are taken into account, especially when the upstream state is richer, the side-payment outcome is reversed. As expected, richer states internalize the costs of taking action in favor of poorer downstream states. When the geographical relationship between the riparians is of a symmetrical nature, while the economic relationship between the states is of an asymmetrical nature, the richer state often assumes the bulk of the cost burden. In this way, it provides a side-payment to the poorer state. Such patterns reveal how property rights disputes over issues such as water quantity, hydropower, pollution abatement, and flood control have been concluded. They suggest how ongoing disputes may be resolved.     

THE INDONESIANIZATION OF WEST PAPUA

Even before the Republic of Indonesia gained control over the territory of West New Guinea (with the controversial U.N.-supervised Act of Free Choice of 1969), the government had systematically tried to forge new identities for the indigenous peoples, as Indonesians rather than Melanesians. This acculturation process has aimed at incorporating the West Papuan population into the Indonesian nation-state through the education system, the media, economic development and transmigration. The process, ‘Indonesianization’, is predicated on the assumption that inculcation of the Indonesian world-view through contact with what are considered ‘more advanced’ and ‘civilized’ Javanese, will ultimately strengthen national unity and allow greater exploitation of the rich resources in the region. The influx of Asian newcomers, many of whom have taken over the administrative, commercial and industrial spheres in West Papua, has marginalized urban and rural Papuans from economic development. In consequence West Papuans are developing a sense of their own racial and cultural distinctiveness and asserting their rights to greater participation in decision-making and self-determination.     

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.     

Tuna Dreams: Resource Nationalism and the Pacific Islands' Tuna Industry

The 1982 United Nations Law of the Sea was expected by many to lead to a drastic redistribution of income from the world's fisheries. This article explores the extent to which this happened by examining the case of the Pacific Islands' tuna industry. The analysis shows that even though these developing countries gained legal jurisdiction over some of the largest tuna stocks in the world, they encountered tremendous obstacles when they attempted to convert those tenure rights into concrete economic gains. Notwithstanding their success in organizing and co-operating amongst themselves, the Pacific Island countries (PICs) were unable to compel the distant water fishing nations to pay them more than a nominal access fee. When the PICs tried instead to develop their own tuna industries, they were disadvantaged by being located at the raw material end of the commodity chain. This case study suggests that a change in property rights is only a starting point for achieving increased equity in a global natural resource industry; not only do the new resource owners have to develop expertise in managing their ‘property’; they also need to develop a good understanding of the organization and operation of these natural resource industries.     

'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.     

‘Nationalising states’ or nation‐building? a critical review of the theoretical literature and empirical evidence

This article critically surveys the concept of nationalising states first coined by Rogers Brubaker when referring to the policies implemented by post‐communist states. The concept of nationalising states is placed within the context of the traditional literature on nationalism, which divides Europe into a ‘civic West’ and an ‘ethnic East’. The article discusses the concept of nationalising states and questions if it is really any different to nation building which took place from the late eighteenth century onwards in the ‘civic West’. Polyethnic rights are ignored on both sides of the classic ‘West:East’ divide. All civic states are composed of both civic and ethnic factors and the proportional relationship between them depends upon how much progress there has been in democratisation. The article concludes by arguing that the concept of nationalising states has little theoretical value unless it is equated with nation building and no longer selectively applied to only former communist countries. The traditional division of Europe into a ‘civic West’ versus an ‘ethnic East’ requires revision in the light of recent developments in Central and Eastern Europe.     

Rubber Erasures,Rubber Producing Rights: Making Racialized Territories in West Kalimantan,Indonesia

This article makes connections between often‐disparate literatures on property, violence and identity, using the politics of rubber growing in West Kalimantan, Indonesia, as an example. It shows how rubber production gave rise to territorialities associated with and productive of ethnic identities, depending on both the political economies and cultural politics at play in different moments. What it meant to be Chinese and Dayak in colonial and post‐colonial Indonesia, as well as how categories of subjects and citizens were configured in the two respective periods, differentially affected both the formal property rights and the means of access to rubber and land in different parts of West Kalimantan. However, incremental changes in shifting rubber production practices were not the only means of producing territory and ethnicity. The author argues that violence ultimately played a more significant role in erasing prior identity‐based claims and establishing the controls of new actors over trees and land and their claims to legitimate access or ‘rightfulness’. Changing rubber production practices and reconfigurations of racialized territories and identity‐based property rights are all implicated in hiding the violence.     

Property,rights ans community in a South African land‐claim case (Respond to this article at http://www.therai.org.uk/at/debate)

In the context of South Africa's land reform programme, the concepts of ‘property’ and ‘rights’ carry a heavy ideological baggage. This is evident in the country's land reform policies, which have sought to reach a compromise between differing and often contradictory histories involving both rights and property. A shift in government policy, from treating land reform as a question of rights to a question of the transfer of land, has been accompanied by a reification of the idea of community. The result is a policy that is seriously out of touch with the complex legacy of dispossession that the land reform programme was meant to address. As shown by the case presented in this article, these problems become exacerbated when the land in question is part of a conservation area.     

The Failure of Popular Justice in Uganda: Local Councils and Women’s Property Rights

Advocates of alternative dispute resolution argue that informal, community‐based institutions are better placed to provide inexpensive, expedient and culturally appropriate forms of justice. In 1988, the Ugandan government extended judicial capacity to local councils (LCs) on similar grounds. Drawing on attempts by women in southwestern Uganda to use the LCs to adjudicate property disputes, this article investigates why popular justice has failed to protect the customary property rights of women. The gap between theory and practice arises out of misconceptions of community. The tendency to ascribe a morality and autonomy to local spaces obscures the ability of elites to use informal institutions for purposes of social control. In the light of women’s attempts to escape the ‘rule of persons’ and to seek out arbiters whom they associate with the ‘rule of law’, it can be argued that the utility of the state to ordinary Ugandans should be reconsidered.     

Ruling by Record: The Meaning of Rights,Rules and Registration in an Andean Comunidad

This contribution looks at land property relations in a peasant community in the central highlands of Peru. Rather than using a rights‐based approach, the authors propose a ‘practice force field approach’ for their analysis of property relations under communal land tenure regimes. Their study combines qualitative ethnographic case studies with quantitative analysis of data on land distribution. In contrast to rights‐based approaches, this perspective understands the legal discourses that people draw upon to explain property relations as ‘justifying rule talk’ rather than the reflection of a system of property rights. It is shown how property relations are shaped in mediated interactive processes, where official rules, moral principles, shared histories and strategic games come together. The authors use this practice force field approach to study Usibamba, an Andean community that has developed a true disciplinary regime of communal governance based on control over land. The role of ‘rule talk’ and the function of elaborate local systems of land registration are examined in the context of the annual reallocation of communal land. Particular attention is paid to the performance of the president of the comunidad during this delicate process and his reflections on the course of events.     

Mare Nullius: Indigenous Rights in Saltwater Environments

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

Western leveraged pedagogy of Central and Eastern Europe: discourses of homophobia,tolerance, and nationhood

This article focuses on the relations between the two geo-temporal categories – Central and Eastern Europe (CEE) and West/Europe – in discussions about sexual politics, homophobia, tolerance, and nationhood. It contributes to the existing literature about homonationalism and sexual nationalisms by introducing CEE to the debate's geographical loci, so far mostly invested in West/Europe and its relations to Islam. It argues that it is important to consider CEE in sexual nationalism debates because of its framing as the European (homophobic) Other in the emerging discourses of ‘homoinclusive Europe’. This article introduces the concept of leveragedpedagogy, which captures the specificity of the West/Europe – CEE discourses of sexual liberation, advancement, and backwardness. Leveraged pedagogy is a hegemonic didactical relation where the CEE figures as an object of the West/European ‘pedagogy’, and is framed as permanently ‘post-communist’, ‘in transition’ (i.e. not liberal, not yet, not enough), and homophobic. Such ‘taking care of’ CEE, it is argued, is a form of cultural hegemony of the Western EUropean liberal model of rights as the universal.     

Europe at the crossroads of three worlds: alternative histories and connections of European solidarity with the Third World, 1950s–80s

Abstract

Over the past few years, there has been growing interdisciplinary interest in the history of European solidarity movements that mobilized on behalf of the ‘Third World’ in the wake of the post-war decolonization process. Focusing on European campaigns against the Vietnam War and Pinochet’s Chile, this article aims at positioning these international solidarity movements in the broader history of North–South and East–West exchanges and connections in Europe during the Cold War. It explores some key ideas, actors and alternative networks that have remained little studied in mainstream accounts and public memories, but which are key to understanding the development of transnational activism in Europe and its relevance to broader fields of research, such as the history of Communism, decolonization, human rights, the Cold War and European identity. It delves into the impact of East–West networks and the Communist ‘First World’ in the discovery of the Third World in Western Europe, analyses the role of Third World diplomacy in this process, and argues how East–West and North–South networks invested international solidarity campaigns on ‘global’ issues with ideas about Europe’s past and present. Together, these networks turned resistance against the Vietnam War, human-rights violations in Pinochet’s Chile, and other causes in the Third World into themes for détente and pan-European cooperation across the borders of the Iron Curtain, and made them a symbol to build a common identity between the decolonized world and Europe. What emerges from this analysis is both a critique of West-centred narratives, which are focused on anti-totalitarianism, as well as an invitation to take North–South and East–West contacts, as well as the role of European identities, more seriously in the international history of human rights and international solidarity.     

‘Women are a colonised sex’: Elizabeth Reid,Human Rights and International Women’s Year 1975

This article situates Australian Elizabeth Reid’s contribution to International Women’s Year (IWY) (1975) within ongoing historiographical discussions on development and human rights. The world’s first advisor on women’s affairs to a head of government, Reid used the burgeoning Women’s Liberation Movement’s critique of ‘sexism’ to challenge IWY’s goals of formal equality, a limited and undesirable outcomes that prevented women and men from instead becoming ‘more human’. These ideas were then used to challenge the dominance of economic development over individual and collective rights at the 1975 Mexico City conference, placing Reid as a participant in the 1970s human rights ‘breakthrough’.     

Pastoralism and Land‐Tenure Change in Kenya: The Failure of Customary Institutions

Until recently, the Pokot in the highlands of the Baringo area in Kenya have practised semi‐nomadic pastoralism. Today they are rapidly sedentarizing and in many areas suitable for farming, they are adopting rain‐fed agriculture. As a result of these dynamics, claims to individual property on de facto communal rangelands have arisen, and to such an extent that they seriously threaten the peace of the community. This article explores the conflicts that emerge in the transition from common property to private tenure. Using locally prominent land disputes as exemplary cases, it focuses on the role of traditional gerontocratic authorities in the attempt to resolve a growing number of land disputes; on the emerging power of patrilineal clans and local elites in the enforcement of access to land; and on the incompetence of government agencies to intervene. The failure of customary institutions to ensure land tenure security leads to a situation in which women and marginalized actors in particular are threatened with displacement, and in which most local actors want the state to intervene and establish formal property rights.     

Urban patricians and ‘bourgeois’ society: A study of wealthy elites in Florence, 1862–1904

This case study presents the results of research carried out on the principal wealthy families in Florence between 1862 and 1904. It shows that while Tuscany was in many ways a particular case, it offers an important opportunity for studying those distinctions between ‘modernity’ and ‘tradition’ that are implicit in debates on the social history of this period. From the 30,000 declarations of inheritance resulting from deaths registered in these years, the author examines 300 estates that were valued at over half a million lire and 146 ‘millionaires’, reconstructing the balance between fixed and liquid assets in the overall composition of the estates. The data show that estates based mainly on landed property of a type which was aristocratic in origin remained common throughout the period, and this finding is confirmed by the importance that farms in the case of rural property, and noble houses in the case of urban property, retained as forms of immovable property. A comparison of the structure of the wealth of the nobility (theoretically a more ‘traditional’ group) and that of Jewish bankers (in theory a more ‘modern’ group) indicates that all sections of the elite followed the same tendencies. The author argues that the elite was characterized by a ‘Renaissance paradigm’ in which forms of rural and urban seigneurial power were combined in a mixture of both relatively modern and relatively conservative features, and that this same combination was evident over the longer period in many other northern and central Italian urban elites. The statistical data offered by the sources are insufficient, however, to carry the analysis further without taking account of institutional structures and individual behaviour. In the final section of the article the author discusses several examples of inheritance settlements that confirm the complementary nature of family strategies aimed at perpetuating the integrity of the property through the male line and forms of management that sought to develop a variety of forms of economic enterprise and activity.     

Scientific whaling and how philosophy of science can help break the international deadlock

Despite widespread public interest on the topic of whaling, there is at present relatively little work on how philosophy might contribute to analysis of the status of whaling in international law. When philosophers have looked at the topic of whaling, they have confined their attention to a fairly narrow set of ethical questions, such as whether international law should permit certain forms of traditional indigenous whaling or extend legal rights to whales themselves. However, there is another important issue which has so far been largely neglected by philosophy, even though it is at the forefront of current international legal disputes over the status of whaling: the issue of so-called ‘scientific whaling’. This article considers the international legal dispute between Australia, New Zealand and Japan over the latter’s lethal harvesting of whales in the Southern Ocean, and the recent attempt at resolution by the International Court of Justice. On its face, this required that the Court demarcate ‘scientific’ from ‘unscientific’ activity; however, it effectively baulked at this task. The authors argue that this approach of the Court was unfortunate, and that demarcating science from commerce is not only achievable in philosophy, but might also inform international legal practice. Resolving this issue is important for genuine progress to be made in the current international stand-off over Japanese whaling in the Southern Ocean.     

Feminist geography,the ‘everyday’, and local–global relations: hidden spaces of place‐making*

An interest in the taken‐for‐granted, mundane routine activities of women's lives has long been central to the production of knowledge in feminist geography. Here, I revisit the ‘everyday’ in relation to changing lines of inquiry as geographers work to capture the complexity of local–global relations in conceptualising an accelerated pace of the stretching of social relations over space. Through a primary focus on feminist work on care in the home, I explore the various ways in which the meanings and organisation of caregiving activity are intricately connected with the intertwining of globalisation, neoliberalism, social conservatism and a ‘greying’ population in the West. Foregrounding gender in my discussion, I review literature and draw on research examples to illustrate ways in which various types of ‘hidden’ caregiving contribute to contemporary place‐making, and open up our understanding of the ‘local’.