Land Indigenous Peoples And Conflict

Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

On 28 February 2006, the Six Nations of the Grand River blocked workers from entering a half-built housing development in southern Ontario. They renamed the land Kanonhstaton, “the protected place.” The protest drew national and international attention to the issue of Aboriginal land rights and sparked a series of ongoing events known as the “Caledonia Crisis.” Laura DeVries’ powerful account of the dispute links the actions of police, governmental officials, and locals to entrenched non-Aboriginal discourses about law, landscape, and identity. It encourages non-Aboriginal Canadians to reconsider their assumptions – to view “facts” such as the rule of law as culturally specific notions that prevent truly equitable dialogue. DeVries not only reveals the conflicting visions of justice held by various parties to the dispute, she also seeks out possible solutions in alternative conceptualizations of sovereignty over land and law embedded in the Constitution.

From sun-baked Black Mesa to the icy coast of Labrador, native lands for decades have endured mining ventures that have only lately been subject to environmental laws and a recognition of treaty rights. Yet conflicts surrounding mining development and indigenous peoples continue to challenge policy-makers. This book gets to the heart of resource conflicts and environmental impact assessment by asking why indigenous communities support environmental causes in some cases of mining development but not in others. Saleem Ali examines environmental conflicts between mining companies and indigenous communities and with rare objectivity offers a comparative study of the factors leading to those conflicts. Mining, the Environment, and Indigenous Development Conflicts presents four cases from the United States and Canada: the Navajos and Hopis with Peabody Coal in Arizona; the Chippewas with the Crandon Mine proposal in Wisconsin; the Chipewyan Inuits, DŽnŽ and Cree with Cameco in Saskatchewan; and the Innu and Inuits with Inco in Labrador. These cases exemplify different historical relationships with government and industry and provide an instance of high and low levels of Native resistance in each country. Through these cases, Ali analyzes why and under what circumstances tribes agree to negotiated mining agreements on their lands, and why some negotiations are successful and others not. Ali challenges conventional theories of conflict based on economic or environmental cost-benefit analysis, which do not fully capture the dynamics of resistance. He proposes that the underlying issue has less to do with environmental concerns than with sovereignty, which often complicates relationships between tribes and environmental organizations. Activist groups, he observes, fail to understand such tribal concerns and often have problems working with tribes on issues where they may presume a common environmental interest. This book goes beyond popular perceptions of environmentalism to provide a detailed picture of how and when the concerns of industry, society, and tribal governments may converge and when they conflict. As demands for domestic energy exploration increase, it offers clear guidance for such endeavors when native lands are involved.

As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.

Inalienable Properties explores contrasting approaches to property rights by four Indigenous communities to illustrate how inalienability – restrictions on the ability to buy and sell land – is linked to community leadership and decision-making structures that have long-lasting consequences for communities. Drawing on new research about institutional change in organizational settings, Jamie Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. He also challenges the view that liberalized land markets are the inevitable result of legal and economic change.

Aboriginal people in Canada have long struggled to regain control over their traditional forest lands. There have been significant gains in the quest for Aboriginal self-determination over the past few decades, including the historic signing of the Nisga’a Treaty in 1998. Aboriginal participation in resource management is on the rise in both British Columbia and other Canadian provinces, with some Aboriginal communities starting their own forestry companies. Aboriginal Peoples and Forest Lands in Canada brings together the diverse perspectives of Aboriginal and non-Aboriginal scholars to address the political, cultural, environmental, and economic implications of forest use. This book discusses the need for professionals working in forestry and conservation to understand the context of Aboriginal participation in resource management. It also addresses the importance of considering traditional knowledge and traditional land use and examines the development of co-management initiatives and joint ventures between government, forestry companies, and native communities.

The Huichol (Wixarika) people claim a vast expanse of Mexico’s western Sierra Madre and northern highlands as a territory called kiekari, which includes parts of the states of Nayarit, Jalisco, Durango, Zacatecas, and San Luis Potosí. This territory forms the heart of their economic and spiritual lives. But indigenous land struggle is a central fact of Mexican history, and in this fascinating new work Paul Liffman expands our understanding of it. Drawing on contemporary anthropological theory, he explains how Huichols assert their sovereign rights to collectively own the 1,500 square miles they inhabit and to practice rituals across the 35,000 square miles where their access is challenged. Liffman places current access claims in historical perspective, tracing Huichol communities’ long-term efforts to redress the inequitable access to land and other resources that their neighbors and the state have imposed on them. Liffman writes that “the cultural grounds for territorial claims were what the people I wanted to study wanted me to work on.” Based on six years of collaboration with a land-rights organization, interviews, and participant observation in meetings, ceremonies, and extended stays on remote rancherías, Huichol Territory and the Mexican Nation analyzes the sites where people define Huichol territory. The book’s innovative structure echoes Huichols’ own approach to knowledge and examines the nation and state, not just the community. Liffman’s local, regional, and national perspective informs every chapter and expands the toolkit for researchers working with indigenous communities. By describing Huichols’ ceremonially based placemaking to build a theory of “historical territoriality,” he raises provocative questions about what “place” means for native peoples worldwide.