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.     

Myth,Primogeniture and Long Distance Trade‐Friends in Northwest New Britain,Papua New Guinea

ABSTRACT The origins of ceremonies for firstborn children and long distance trade networks are embedded in Bariai mythology and cosmology. Based on my ethnographic research and the ethnographic reportage contained in the Australian colonial Patrol Officers' Reports, this paper explores the pre‐ and post‐contact trade networks of Bariai parents as they pursue a reputation for ‘renown’ by entering into complex trade‐friendships (sobo) and exchanges for the necessary wealth to undertake one (of seventeen) firstborn ceremony, the mata pau or ‘new eye.’ My intent in this paper is to (1) reiterate that a people and their culture can only be understood within regional systems of relationships; (2) indicate the manner in which long distance trade‐friendships were created and maintained over a long period of time; (3) show how these socio‐economic institutions are embedded in Bariai cosmology and thus made meaningful; (4) attest to the vitality and importance of these systems despite the impact of modernity, missionization and money.     

Welshness in ‘British Wales’: negotiating national identity at the margins

Popular interpretations of national identity often focus on the unifying qualities of nationhood. However, societies frequently draw hierarchical distinctions between the people and places who are ‘most national’, and those who are ‘least national’. Little attention is paid to these marginal places within the nation and the experiences of their inhabitants. This article helps to address this by analysing the ‘less Welsh’ British Wales region of Wales, a country that has traditionally possessed a hierarchical, regionally constituted nationhood. The article studies the British Wales region both ‘from above’ – considering how some areas develop as ‘less national’ – and ‘from below’, introducing empirical ethnographic work into ‘everyday Welshness’ in this area. Whilst previous work on hierarchical nationhood focuses on how hierarchies are institutionalized by the state, this article demonstrates how people at the margins of the nation actively negotiate their place in the nation. Whilst people in this area expressed a strong Welshness, they also struggled to place themselves in the nation because they had internalized their lowly place within the national hierarchy. The article demonstrates the importance of place and social class for national identity construction and draws attention to the role of power in the discursive construction of hierarchical nationhood.     

‘We don't do dots ‐ ours is lines’ — Asserting a Barkindji Style

ABSTRACT This paper offers an ethnographic exploration of the assertion of a ‘Barkindji style’ art: why this matters and to whom it matters. Focusing particularly on the Darling River area of Wilcannia and on the period from the 1980s to the present, the increasing interest in art‐making by local Aboriginal people is considered. Through a dialogue with artists, artworks, and others, the work examines the changing form, design and content of art and the role of art in defining ideas of Barkindji Aboriginal culture and tradition. Invocations by key cultural brokers to produce work that is seen to ‘belong to us’ is explored in terms of the cultural, political, and personal work that this involves; particularly as this intersects with ideas of artistic freedoms versus artistic direction by cultural brokers. The paper discusses the personal considerations and tensions that come to bear in the processes connected with production of art and its making. In so doing, this paper engages with, and extends, the work of Tacon et al. (2003), Cooper (1994), Kleinert (1994) and Morphy (2001) as this pertains to art ‘styles’ and material culture from what is widely referred to as south‐eastern Australia.     

Going Bush: the Implications of Urban‐Rural Migration

Traditionally, migration away from urban centres by those seeking lifestyle changes has been towards beach environments. More recently though, there have been small movements of people to rural environments seeking similar lifestyle changes. These movements to rural locales have been popularly referred to as treechange. Previous research on exurban migration has primarily focused on quantifying the migration process and attributes of the migrators. In contrast, this paper presents some preliminary findings on the impact of urban‐rural migration on a small, semi‐rural receiving area north of Melbourne. More specifically, it explores the impact that exurban migration has on local housing markets such as increases in house prices, decreases in affordability and declines in rental stock. The research also illustrates the divisions that appear in local communities between traditional residents and ‘newcomers’ over amenity issues and economic development.     

Negotiating social identities: The influence of gender,age and ethnicity on young people's ‘street careers’ in Tanzania

This paper explores the diverse ways that children and young people negotiate their social identities and construct their life course trajectories on the street, based on ethnographic research with street children in Tanzania. Drawing on the concept of a ‘street career’, I show how differences of age, gender and ethnicity intersect with the time spent on the street, to influence young people's livelihood strategies, use of public space, access to services, and adherence to cultural rites of passage. Using the notion of ‘gender performativity’, I analyse how young people actively reconfigure gender norms and the concept of ‘the family’ on the street.     

Managing ‘Aboriginal selves’ in South‐Western Sydney1

ABSTRACT This paper explores Aboriginal people's multiple sense of selves in suburban situations. While the Aboriginal self has been usually conceived as forged through relationships with kin, in the contemporary world, Aboriginal lives are constrained by a genealogical understanding of Aboriginality, that is, one based on descent. This understanding is endorsed by the state system, by Aboriginal and non‐Aboriginal organisations, and by non‐Aboriginal people. In the suburbs there are different ways in which people come to understand and identify their Aboriginalty. Drawing on ethnographic field‐work in south‐west Sydney, this paper explores these forms of identity, how they are perceived, and the effects this has on their sense of self. The focus is on two individuals with different backgrounds and understandings of what it is to be Aboriginal. The increasing role of Aboriginal organisations to offer new forms of relatedness is also discussed.     

‘Aceh thanks the world’: The possibilities of the gift in a post‐disaster society (Respond to this article at http://www.therai.org.uk/at/debate)

While it has often been argued that post‐disaster aid is humiliating for its beneficiaries, based on my ethnographic research in post‐tsunami Aceh, Indonesia, I argue that such aid may also come to mean the opposite. Rather than feeling humiliated by foreign aid, people in Aceh actively glossed post‐tsunami foreign assistance as ‘gifts’ for which they often expressed their gratitude. Building on Marcel Mauss's classic argument, as well as on more recent works on the nature of the gift, I argue that they did so because they felt that the gift of post‐disaster aid brought with it both a long wished‐for recognition of Aceh and the possibility of establishing long‐term relationships between Aceh and ‘the world’. Therefore, rather than something humiliating, the post‐disaster aid became a medium for imagining what James Ferguson has called a ‘place‐in‐the‐world’ for Aceh.     

Philanthronationalism: Junctures at the Business–Charity Nexus in Post‐war Sri Lanka

Over the past few years, the role of private sector organizations as actors and investors in development processes has received increased attention. This article explores the rise of ‘philanthronationalism’ in Sri Lanka: the co‐development of business and philanthropy methods as a response to patronage, nationalization and militarization in the post‐war environment. Drawing on ethnographic research into indigenous forms of corporate social responsibility (CSR), the article identifies four kinds of philanthronationalist practice — passive, assimilative, reactive and collaborative — that provide a logic, mechanism and ethic for private sector development initiatives in the island whilst promoting a vision of the ‘Sinhala Buddhist’ nation state. Noting the emergence of similar philanthronationalist practices in Myanmar, the article concludes by arguing that the Sri Lankan case is unlikely to be unique and calls for further research into the partnerships that emerge between private philanthropy and nationalist movements in conflict/post‐conflict processes around the world.     

The Legendary Commander: the construction of an Albanian master‐narrative in post‐war Kosovo*

ABSTRACT. The ongoing, post‐war construction of Albanian martyrs, memory and the nation in Kosovo has produced iconic tropes of militant resistance, unity and national independence. This critical interpretive account, based on years of the authors' ethnographic and political engagement with Albanians in post‐war Kosovo, focuses on the making of a master narrative that is centred on the ‘sublime sacrifice’ of the insurgent KLA leader Adem Jashari, known as the ‘Legendary Commander’. It also aims to trace voices of discord with this master narrative, testing contestations in terms of the rural–urban, political and gender divides in Kosovo‐Albanian society. It concludes that the narrow international view of Albanians as either ‘victims’ or ‘perpetrators’ has contributed to the consolidation of this powerful narrative, its celebration of Albanian agency in militant resistance and the closing of public debate within Albanian society.     

Totem and Transaction: the Objectification of ‘Tradition’ Among North Mekeo

Most recent treatments of Melanesian post‐contact change have presumed that objectifications of ‘culture’ and ‘tradition’ have intensified and proliferated in response to the forces of colonialism and the penetration of the nation‐state. Harrison (2000) has recently argued, however, that in pre‐colonial times too Melanesians characteristically objectified their cultural practices and identities as ‘possessions’ that could be readily exchanged or transacted. Supposedly, the key difference between the two eras has accorded with different formulations of ‘property’: ‘private property’ and the logic of ‘possessive individualism’ in the post‐contact era; and ‘trading and gift‐exchange systems’ or ‘prestige economies’ in pre‐contact times. In this article I examine Harrison's portrayal of Melanesian cultural practices as ‘possessions’ and the notions of ‘property’ that he sees as key to the cultural objectification in both pre‐ and post‐colonial settings with reference to ethnographic and historical information regarding the North Mekeo peoples of Papua New Guinea. I argue from the perspective of the New Melanesian Ethnography that Harrison's view of pre‐contact prestige economies and trade and gift exchange systems retains several misleading a priori assumptions about ‘commodity exchange’ and, illustrating the potential of the New Melanesian Ethnography for historical applications, that he overemphasizes the extent to which post‐contact changes in cultural objectification have involved individualised and commodified forms of property. Consequently, in the case of North Mekeo, both the continuities and the changes between pre‐ and post‐contact cultural objectifications may have proceeded differently from the ways Harrison has outlined for Melanesia generally.     

‘Living Liminality’: everyday experiences of asylum seekers in the ‘Direct Provision’ system in Ireland

Mechanisms to exclude people seen as ‘other’ which were once considered exceptional have now become normal. Global patterns of increased state security lead to people on the move or seeking protection being detained, dispersed and deported, their lives treated as ‘waste’ or ‘reject’. The Irish ‘Direct Provision’ system is part of an increasing network of liminal, or threshold, spaces, situated between and within borders, in which such people are detained or forced to wait in often inhumane conditions and often for years at a time. Based on ethnographic participatory photographic research, this article explores the ways in which imposed liminality plays out in people’s everyday lives in ‘Direct Provision’. The article looks at how liminality is lived in spatial and temporal terms and develops the idea of ‘ontological liminality’, a means of expressing the ways in which a chronic sense of fear, insecurity, invisibility and a highly controlled existence are lived and internalized; it also shows the ways in which people negotiate this imposed liminality through everyday practices, creating various forms of attachment, engagement and belonging. Exploring the concept of liminality in this context holds broader implications not only for understanding experiences of people waiting or held in the increasing number of refugee camps, border zones and detention centres in and beyond Europe, but also provides insight into the architectures of exclusion created by states to contain or exclude the ‘other’.     

Recovering a ‘Subjugated History’: Disability and the Institution in the Industrial City

The paper explores physically disabled people’s experiences of institutions in the industrial city, focusing on the case of nineteenth-century Melbourne. Here ‘institutions’ refers to the panoply of public, semi-public, private and charitable places that were established in industrial cities to house, and frequently confine, a diverse estate of poor, ill, elderly, disabled and otherwise socially dependent persons. The aim of this paper is to retrace the institutional experiences of disabled people in nineteenth-century Melbourne, with a view to explaining the role of the institution within a broader ‘social space of disability’in the industrial city. In particular, the analysis seeks to identify the type of institutions that disabled people were admitted to, including places of confinement such as gaols. The paper also explores how disabled people coped with the ‘duty to attend the asylum‘ (after Foucault) that weighed heavily on socially marginalised people in the industrial city.     

Affective nationalism: Banalities of belonging in Azerbaijan

While Michael Billig’s ‘banal nationalism’ points to the significance of the trivial reproduction of national representations in everyday routines, feminist political geographers have highlighted how the nation is brought into being through embodied and emotional practices. Building upon and extending these notions of the nation as represented and embodied, the paper argues that the nation also takes shape through bodily encounters and joyful as well as painful affections. In what we call ‘affective nationalism’, the nation emerges in moments of encounter between different bodies and objects through embodying, sharing, enjoying or disliking what feels national. We combine a Deleuzian reading of affect that discloses the mechanisms of material becomings with feminist scholarship sensitive to how bodies affect and are affected differently by materially produced nationalisms. Based on ethnographic field research in Azerbaijan, which we present in three vignettes, we untangle the affective becoming of national bodies, objects and places during a publicly staged ceremony of the collective remembrance of martyr and the celebration of a national holiday within the realm of a family. The paper makes two contributions to researching affective nationalism. First, it enquires into how people identify with Azerbaijan through their capacities to affect and to be affected by what feels national and, second, it explores how affective nationalism can be captured through vignettes of affective writing.     

‘No Smoke without Fire’: Citizenship and Securing Economic Enclaves in Mozambique

This article explores the complicated interrelationship between economic enclaves, their associated security practices and the formation of national citizens in Mozambique. From the colonial era of company rule to the large‐scale foreign direct investments of the present day, investors have feared the destructive fires of rampant ‘mobs’, unruly workers and the potentially rebellious populace more generally. Signs of smoke point to trouble for investors, who can draw on complex security arrangements, including corporate social responsibility programmes, unions, private security companies, community leaders, state police and specialized state and rapid response units with the latest communications and transport technologies, to try to protect their investments from labour unrest and political demands. Through a variety of ethnographic materials on mega‐investments in the sugar industry over the last two decades, the article explores the centrality of complex security arrangements to strategies of governance that use such arrangements in an attempt to produce disciplined national subjects.     

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

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

Transitional Justice and Political Economies of Survival in Post‐conflict Northern Uganda

This article explores the interplay between transitional justice and ‘everyday’ political economies of survival in post‐conflict Acholiland, northern Uganda. It advances two main arguments. First, that transitional justice — as part and parcel of conventional liberal peacebuilding packages — promotes a repertoire of normatively driven policies that have little bearing on lived realities of social accountability in post‐conflict settings. Second, that in transcending the epistemological and ontological boundaries of transitional justice and using concepts developed in the critical peacebuilding literature — the ‘everyday’ and ‘hybridity’ — a nuanced understanding of this dissonance emerges. Based on extensive fieldwork in Acholiland in the period 2012–14, using a range of qualitative research methods, the author examines the means through which people negotiate social and moral order in the context of post‐conflict life and analyses the tensions between these forms of ‘everyday’ activity and current transitional justice policy and programming in the region.     

THE ‘FRYING PANS’ OF THE EARLY BRONZE AGE AEGEAN: AN EXPERIMENTAL APPROACH TO THEIR POSSIBLE USE AS LIQUID MIRRORS*

The so‐called ‘frying pans’ are peculiar vessels, most of them made of terracotta, flat and shallow, usually decorated on the outside part and dated to the Early Bronze Age. They were unearthed mostly in the Cyclades, in Crete and on the Helladic mainland. There are also a few artefacts made of stone and of bronze, from the Cyclades and Asia Minor, respectively. The intended purpose of these objects is disputed. Several interpretations exist for their function, the earliest one being that of liquid mirror vessels. We investigated the mirror hypothesis experimentally, by testing trays with attributes similar to those of the original ‘frying pans’, filled with a series of liquids familiar to the people of the time and the place where those vessels were made. The criterion employed was the contrast of mirror images. We conclude that, provided that some minimal prerequisites are met, the ‘frying pans’ are quite appropriate as liquid mirror vessels.     

Unpicking Precarity: Informal Work in Eastern India's Coal Mining Tracts

Drawing on ethnographic fieldwork, this article explores two widespread types of informal and precarious work in eastern India's coal mining tracts. It seeks to contribute to recent attempts to disaggregate the umbrella notion of precarity and the related concept of ‘classes of labour’ in the context of the global South. It does so by illuminating the more nuanced yet significant relative distinctions between different forms of precarious coal-related work as perceived and experienced by labourers. The article illustrates how labourers evaluate such forms of work in relation to one another in terms of relative stability, autonomy, tempo and gender dynamics, which affect their livelihood decisions and activities. It thereby turns attention to differentiating dimensions of precarious work that are easily veiled in broad debates about precarity and ‘classes of labour’. Such dimensions are essential to probe — through comparative ethnographic study — to understand how people engage with different modalities of precarious work on the ground and how they configure their livelihood strategies in particular capitalist and social contexts.