Land as a Transactional Asset: Moral Economy and Market Logic in Contested Land Acquisition in India

The state seizure of land from farmers for development projects has triggered numerous protests in India. How far can these protests be characterized as a Polanyian countermovement to reclaim rights on land, resisting the encroachment of neoliberal market forces on society? Based on field research conducted in 2013–17 in two villages in prosperous western Uttar Pradesh that were host to a series of dramatic and violent protests in 2011, this article argues that rather than reclaiming land from commodification, the farmers were using the land as a market instrument, a transactional asset, in negotiating for a better deal within a dominant market-driven template. The author suggests that valuing land as a transactional asset to be deployed in the market symbolizes a new moral economy in this region, prompted by increasing risk in farming, improved economic standing and aspirations, and a lack of faith in the neoliberalizing state and political institutions.     

Genealogy of Colonial Land Registration and State Land in Portuguese Timor

ABSTRACT

Establishing territorial control was one of the primary activities of colonial presence on Timor from the late nineteenth century. In Portuguese Timor as elsewhere in Southeast Asia, the colonial state pursued codification and regulation of land in multiple forms, including serial attempts to enact land registration in tandem with colonial projects including pacification, resource extraction, and generation of state income. Seeking to extend official purview to Timor-specific customary land use and practices, Portugal defined distinct social categorizations linked to land access and ownership. This article traces the policies governing land in Portuguese Timor from the late 1800s to the mid-1900s, highlighting state land acquisition, registration processes, laws and procedures asserting state control over land transactions, and international influences on Portuguese practices.     

Unravelling Church Land: Transformations in the Relations between Church,State and Community in Uganda

Christian churches control substantial areas of land in Africa. While intensifying struggles over their holdings are partly due to the increased pressure on land in general, they also reflect transformations in the relations through which churches’ claims to land are legitimized, the increased association of churches with business, and churches’ unique positioning as both institutions and communities. This article presents the trajectory of relations between church, state and community in Uganda from the missionary acquisition of land in the colonial era to the unravelling of church landholding under Museveni. Drawing on long‐term ethnographic fieldwork, the authors argue that claims to church land in contemporary Uganda draw on: 1) notions of belonging to the land; 2) views about the nature of churches as communities; 3) discontent regarding whether customary land owners gave churches user rights or ownership; and 4) assessment of the churches’ success in ensuring that the land works for the common good. The article develops a novel approach to analysing the changing meaning of the landholdings of religious institutions, thus extending ongoing discussions about land, politics, development and religion in Africa.     

The State,the Rebel and the Chief: Public Authority and Land Disputes in Assam,India

Based upon an ethnographic study of two land disputes in the rural Assamese district of Karbi Anglong (India), this article challenges the idea that the entry of new institutional players, with their multiple sets of rules, inevitably leads to open institutional conflict. Although a wide range of political actors are involved in the regulation of land tenure in Karbi Anglong, they cannot be regarded as institutional structures ready to undercut one another. As in other parts of Northeast India, none of the claimants of public power involved —‘the state’, ‘the rebel’ or ‘the chief’— attain full sovereignty, which forces them to exercise authority predominantly through practices of negotiation and accommodation, and only selective contestation. If open institutional conflict does occur, as in the Dhansiri forest and the Singhason plateau cases studied here, this is due to the fact that one of the institutional players has overstretched and attempted to exercise authority beyond its realm of power. This article thus argues for a more agency‐oriented method of analysis in the study of land relations. The focus on everyday interactions between ‘the state’, ‘the rebel’ and ‘the chief’ in Karbi Anglong is a first attempt in that regard.     

Testing the waters of coastal urbanization: contested projects on Corsica’s protected lands

In the wake of the decentralization reforms implemented in France in the early 1980s, the Coast Protection Act (‘loi littoral’) was enacted in 1986 to counterbalance the significant regulatory powers devolved through those reforms to local municipalities in matters of urban planning. The act’s purpose was to contain urban sprawl, especially in heretofore undeveloped and protected areas such as those found on the Corsican coastline. Many local officials protested that the act would freeze any development on vast tracts of land and become a hindrance to carrying out potentially lucrative tourism projects on the most attractive coastal frontage parcels. The inquiry draws on a statistical sample of 252 legal arguments put forward in 180 claims, which were filed in the Corsican Administrative Court during the 2004–2011 period. From a sociological perspective, we examine in this article the strategies behind litigation and the use of the administrative courts as a means to resolve conflicts that have arisen over the attempted development of protected coastal areas. Special attention is paid to disputes over proposed development projects against which claims have been filed by local inhabitants and state administrators with the intention of containing urban sprawl.     

The Unfixed State of Unfixed Land

Land is unfixed. Qualitative research in India shows humans physically reconfiguring, legally redefining, politically relabelling and discursively re-imagining land in growth- and investment-led policies. The state is a key actor in the material and conceptual unfixing of land, and its re-fixing to emerging developmental imaginations. But land is not just a territorial container for the implementation of policy. Rather, it routinely stretches the boundaries of state authority. In the fieldwork on which this article is based, unfixed, multi-dimensional land emerges as contested access, social and political territory making, possession that goes beyond the legality of property, and more. As unfixed land extends beyond the boundaries and authority of the state, the state too is stretched in projects of land's unfixing and re-fixing. This state is revealed as porous, and with a criss-crossing of social relationships that draw out its institutional bounds into a world of moonlighting officials, revolving doors, and shadowy actors and transactions over unfixed land. The result of this co-productive interaction is the unfixed state of unfixed land.     

‘Your work is of no use to us…’: Administrative interests in ethnographic research (West New Guinea, 1950–1962)

Abstract

The extent of customary land in Samoa and the laws pertaining to its protection create a presumption of state dependence on the regulation of custom in effecting state policies within local contexts. The principal means of regulating custom in Samoa has been and continues to be through state court adjudication of conflicts over customary land and chiefly titles. The transitive nature of ‘custom’ and conceptions of ‘custom’ in Samoa created an opening for court influence in the construction of custom, if not custom's partial reinvention through the agency of the courts. This occurred principally through the courts’ privileging principles of English common law in confirming asserted land rights generally considered unenforceable at the time of Samoa's political partition. The courts re‐interpreted as customary, conceptions of land rights the colonial state's influence attempted to effect within Samoan society. But the source of the changes, and the courts’ role in promoting them, tended not to be equally reflected upon. To the extent such influence is ignored in analyses of Samoan land tenure and customary law, and reproduced within state policies and court adjudication of conflict, custom's social construction is left unexamined, assumed to be more general than it is, and likely to exacerbate tensions and conflict within Samoan society rather than reduce them.     

Defusing Land Disputes? The Politics of Land Certification and Dispute Resolution in Burundi

There is a growing interest in localized land registration, in which user rights are acknowledged and recorded through a community-based procedure, as an alternative to centralized titling to promote secure tenure in sub-Saharan Africa. Localized land registration is expected to reduce land disputes, yet it remains unclear how it impacts disputes in practice. This is an urgent question for war-affected settings that experience sensitive land disputes. This article discusses findings from ethnographic fieldwork in Burundi on pilot projects for land certification. It identifies three ways in which certification feeds into land conflicts rather than preventing or resolving them. First, land certification represents a chance for local people to enter a new round of claim making, as those ignored or disenfranchised in earlier rounds see new opportunities. Second, it offers an avenue for institutional competition between different land-governing institutions. Third, certification provides politicians with openings to interfere in tenure relations and to expand their support base. The authors conclude that these problems are not simply a matter of inadequate policy design. Rather, there are crucial political dimensions to land conflicts and land tenure in Burundi, which means that land registration programmes run the risk of inflaming conflictive property relations in rural communities.     

Orphans’ Land Rights in Post‐War Rwanda: The Problem of Guardianship

In 1994, the Rwandan civil war and genocide produced thousands of orphans. Alongside the war, the growing HIV/AIDS crisis in Rwanda has produced a current population of about 300,000 orphans — many of whom are compelled to head households. These orphans urgently require land use rights, but many find that their rights to their deceased parents’ customary land holdings are denied or restricted by their guardians and others. Despite the legal protections for children that are guaranteed within Rwanda's laws, the reality is that many guardians do not respect orphans’ land rights and few orphans have sufficient access to administrative and legal forums to assert and defend these rights. In contrast to most accounts in the literature that discuss more generally the issue of African orphans’ land rights in the context of adults’ land rights, this article focuses on specific cases in which Rwandan orphans independently pursued their land rights. Ultimately, the article concludes that in Rwanda — and elsewhere in Africa — government officials should re‐examine their ideas about guardianship and grant orphans urgent attention as individuals and as a special interest group.     

The Spirits are Crying: Dispossessing Land and Possessing Bodies in Rural Cambodia

In 2009, a land spirit disrupted plantation development within a contested Economic Land Concession in Cambodia. The spirit, along with efforts of a monk and NGO, ultimately persuaded state officials to return 5 ha of land to the local temple. In this paper, we bring together literature on the anthropology of religion, political economy of land possession, and critical development studies; we demonstrate that land spirits continue as members of political patronage chains at both the state and the local level, and show how the non‐capitalist logics of spirit negotiations both challenged and legitimized large‐scale land acquisition projects. The spirit was not subsumed by, but rather shaped, contemporary capitalist expansion in ways that call for a critical examination of the ontological certainty that all land is designed for human production and consumption.     

Remote Sensing,Land Quotas and Mass Relocation: China's Governance of Farmland

There is increasing interest in understanding China's environmental governance through the lens of governmentality. This article contributes to that discussion by using the Foucauldian analytical apparatuses of discipline and security to understand China's governance of farmland. It argues that the Chinese state applies these two apparatuses simultaneously: on the one hand, it disciplines and deters local states from illegal land grabs by utilizing surveillance tools such as remote sensing and national land surveys; on the other hand, it relies on indirect governance through the land quota market to achieve grain security, transforming both local states and peasants into autonomous market players, and reconstructing China's rural landscape by launching mass peasant relocation programmes. The study also reveals the contingent effects of those power tactics: the state's governance is compromised by the local states’ counter‐conduct, such as data fabrication and concealment, and by the peasants’ denial of their new subjectivity as market players. When the tactics are effective, as in the case of local states actively assuming roles of land quota producers and traders, the villages and peasant households suffer from deprivation of land rights.     

“A handshake across the Himalayas:” Chinese investment,hydropower development,and state formation in Nepal

Abstract

This article examines contemporary patterns of Chinese infrastructure development in Nepal’s Rasuwa District and the ways in which Nepali actors engage with Chinese investments to advance projects of state formation. Particularly in the wake of political volatility and natural disaster, Chinese interventions support the material and imaginative projects of a Nepalese state seeking stability, security, and economic growth. Long perceived as peripheral to the state center, Rasuwa is rapidly becoming central to Sino-Nepal relations, particularly in the context of bilateral investments in hydropower and transportation infrastructure. Drawing on data generated from 30 months of fieldwork in Nepal, we argue that Chinese development in Rasuwa: a) undergirds territorializing practices of the Nepalese state; b) represents a “gift of development” that connects Nepali ambitions of bikas (development) with Chinese anxieties over exile Tibetan populations; and c) reflects a strategic reorientation of geopolitical alliances between Nepal, China, and India. Challenging studies that depict Chinese development as an overwhelming extractive force, we instead show how small states like Nepal in fact use Chinese interventions to advance domestic projects of state formation and national security at home. On the basis of this study, we expand understandings about the place and priority of infrastructure in national state-making agendas, illustrate uneven local experiences with international development interventions, and highlight new configurations of Chinese investment and development abroad – characterized in Nepal as a “handshake across the Himalayas.”     

Challenges in ‘Translating’ Human Rights: Perceptions and Practices of Civil Society Actors in Western India

Rights‐based approaches have become prevalent in development rhetoric and programmes in countries such as India, yet little is known about their impact on development practice on the ground. There is limited understanding of how rights work is carried out in India, a country that has a long history of indigenous rights discourse and a strong tradition of civil society activism on rights issues. In this article, we examine the multiple ways in which members of civil society organizations (CSOs) working on rights issues in the state of Rajasthan understand and operationalize rights in their development programmes. As a result of diverse ‘translations’ of rights, local development actors are required to bridge the gaps between the rhetoric of policy and the reality of access to healthcare on the ground. This article illustrates that drawing on community‐near traditions of activism and mobilization, such ‘translation work’ is most effective when it responds to local exigencies and needs in ways that the universal language of human rights and state development discourse leave unmet and unacknowledged. In the process, civil society actors use rights‐based development frameworks instrumentally as well as normatively to deepen community awareness and participation on the one hand, and to fix the state in its role as duty bearer of health rights, on the other hand. In their engagement with rights, CSO members work to reinforce but also challenge neoliberal modes of health governance.     

Land Reform in the Time of Neoliberalism: A Many‐Splendored Thing

Abstract: Over the past 20 years, land reform – defined here as the redistribution of land from large to small properties – has emerged as an important political issue in the Global South. Actors with widely differing ideological perspectives have claimed land reform as central to their political, social and economic platforms. In this paper, I compare reforms championed under the neoliberal auspices of the World Bank (the so‐called Market Led Agrarian Reforms) with those supported by popular grassroots actors such as the Movement of Landless Workers (the MST) in Brazil. I argue that although these two approaches to land reform are often considered antithetical to one another, they share a common theoretical foundation. Both are rooted in a labor theory of property that attributes the fruits of one's labor to the laborer. Where the two differ is in their interpretation of the “original sin” through which land and labor came to be misaligned: neoliberal actors see the state as the key source of land‐related inefficiency while popular grassroots actors identify the market as the key source. I analyze case material from northeastern Brazil and suggest that the institutionalization of the labor theory of property (across civil society, state and market in the region) has generated insecurities for new land reform beneficiaries who must protect their property rights with visible evidence of their productivity.     

From Incremental Dispossession to a Cumulative Land Grab: Understanding Territorial Transformation in India's North Karanpura Coalfield

This article explores a great contradiction in rural land debates in India: on the one hand, explosive political contestation that is often able to halt proposed land acquisition; on the other, an unprecedented urban‐industrial expansion that is appropriating rural land. The authors argue that land grabbing for mining proceeds in an incremental manner, yet its cumulative effect leads to territorial transformation. To investigate this incremental appropriation, a temporal study of the North Karanpura coal mining tract in eastern India was conducted, combining remote sensing, interviews and official land‐use data. The results reveal a cumulative land grab of thousands of hectares from the late 1980s to the present day as open‐cut coal mines swallow up vast swathes of agricultural fields and forests. The political economy mechanism behind this immense land grab, which to date has gone undetected, consists of three phases: the reservation of the land as a coalfield with multiple coal blocks; the division of the blocks into separate mines; and the flexible expansion of individual mines wherever reduced resistance to land acquisition is encountered. This research indicates that an aggregate analysis of land dynamics can more robustly place the dramatic rearrangements of the Indian countryside within the international land grabbing debate.     

‘A wolf in sheep’s clothing’: settler voting rights and the elimination of the Indigenous demos in US Pacific territories

Settler colonialism eliminates Indigenous sovereignty, enthrones itself, and thereby makes Indigenous land ‘ours’. It may do this meta-politically, by absorbing ‘them’ into ‘us’. This article explores three recent lawsuits brought by settlers against Indigenous demoi in US Pacific territories. I show that in each lawsuit, settlers brandished a novel ‘tool of elimination’: individual voting rights. I trace how settlers wielded this tool to deliver a ‘one-two punch’, first condemning as ‘illiberal’ restrictive voting laws flowing from Indigenous sovereignty and then championing race-neutral laws that would in effect enthrone settlers. I show that courts hearing these cases were faced with choosing the appropriate ‘framing of justice’ – with whether the relevant rights-bearer was the universal individual voter or the ‘constitutionally prior’ Indigenous demos. Finally, I show that, because the courts ultimately framed these disputes as individual-rights cases, settlers extended control of meta-politics on the US Pacific frontier.     

The Other Green Revolution: Land Epistemologies and the Mexican Revolutionary State

This paper explores the development of Mexican Revolutionary land epistemologies in the years following the global Great Depression. Demonstrating how ideas about agrarian life informed national development efforts across multiple spheres, including public education, state‐sponsored media, and governmental conservation projects, it argues that human–nature relations were constitutive of state visions of Revolutionary citizenship. Scholarly work interrogating the role of scientific knowledge in land politics has focused on the ways that territorial dispossessions are routed through expert truth claims; this study deviates from that work by asking how resource conflicts can also produce new knowledge to support progressive platforms for change.     

The Colonial Roots of Forest Extraction: Rosewood Exploitation in Southern Belize

In 2013 there was a spike in the illegal export of rosewood, a highly‐valued tropical hardwood, from Belize. Hewn by Maya workers at night, logs were sold to Chinese buyers. Although protected by international conservation agreements, container‐loads of rosewood were exported unprocessed, unmarked and untaxed. This article examines the rosewood exports, providing a critical analysis that seeks its underlying causes and lessons for development. Drawing on extensive archival research, interviews with multiple actors, and data on China's rosewood imports, the authors show that the exports reflect a long‐standing pattern: the extraction and export of unprocessed primary commodities from Belize's forests. However, contemporary patterns are not simply repeating colonial history. On the demand side, the recent rosewood boom was triggered by a rapid rise in demand from urban, middle‐class consumers in China, stimulating a new commodity chain. On the supply side, the ‘rosewood crisis’ was facilitated by a peculiar legal‐political conjuncture: it occurred during a period after the Maya communities had won legal rights to their forests through the courts, but before the state had recognized those rights. Thus the incomplete recognition of indigenous land rights collided with long‐standing patterns of forest extractivism and explosive demand in China.     

Discerning institutional and spatial restructuring under emergent neoliberal projects in India

The policy of economic liberalization pursued by the Indian government since the 1990s in response to an economic slowdown has led to the creative destruction of institutional space and the built environment. India launched the Smart Cities Mission and the Delhi-Mumbai Industrial Corridor to enhance infrastructure delivery and employment opportunities. Focusing on these cases and using direct observation and in-depth personal interviews, this paper explores the role of emergent neoliberal projects in the country's institutional and spatial restructuring at different scales. The aim is to make a twofold contribution to urban research: first, to contribute to the discourse on neoliberalism by identifying institutional and spatial restructuring in India based on the concept of creative destruction; and second, by validating the significance of strong state and political willingness in distributing neoliberal benefits such as affordable housing and services to the poor. The paper argues for a stronger role of the state in creating equity in the urban development process and infrastructure delivery.