anth329a - indigenous + africa

why were african states not as informed about undrip/not initially involved in the development of international indigenous rights

few african states with representatives in geneva where the discussions took place (financial barrier)

less staff for those who don’t have permanent missions in geneva

for some african states, undrip was less of a priority than other pressing issues

kipuri, positive and negative countries

positive countries - did not always study the draft of dec or follow discussions but assumed that the face of it was something they could support; indigenous = africans

negative countries - opposed the use of indigenous as singling out certain groups that everyone is indigenous. this term doesn’t work in africa the same way it does in the americas.

african states on undrip

no african states voted against undrip, but kenya and nigeria abstained

international working group for indigenous affairs

important actor in organizing african activists and groups, supporting their involvement in the international indigenous rights movement

three reasons the concept of indigenous is applicable to certain african groups

the assertion of group rights = important, dire situation of minority rights in many parts of africa, concerns for self development and self d

what expansions of the indigenous rights movements in an african context did the transational advocacy group support

survival international

the maasai

certain global recognition

present in one d music vids

tourism

the maasai, analysis

live in northern tanzania, south/central kenya

maa = language

transhumant pastoralists → move cattle btw grazing areas; tldr their livelihood depends on cattle

their lands formerly included what is now the serengeti national park

which area do the maasai in tanzania inhabit

the ngorongoro district, which includes the ngorongoro conservation area next to the serengeti national park

parkipuny

maasai activist and politician who addressed the 6th session of the un working group on indigenous populations in 1989

what did parkipuny discover

connected the maasai circumstances to a larger pattern of exploitative relations btw nation states and certain kinds of ppl

colonialism is a systemic problem

reframed long standing claims to land rights and cultural SD in the language of indigenous rights

what commonalities did parkipuny discover

land alienation

forced settlement

deep disparities in provision of social goods like education and healthcare

disparagement (lack of respect for) of their cultures

forced assimilation

what do the maasai’s cultural distinctiveness tied to livelihoods require

mobility and access to communal lands

may conflict with more settled farming communities and other industries

how have maasai posed as a challenge to the colonial and post colonial state agendas of control

states find nomads threatening bc of their mobility

their sociopolitical org that involves young male warriors who serve as protectors of the herds → make them a threat

parkipuny’s speach at the working group on indigenous populations in 1989

turning point in maasai engagement w/ language and poli potential of indigenous rights

recent independence from colonial rule has led to

efforts to build national unity in some african states has created prejudices against peoples with cultures that are diff from mainstream

what do pastorialists and hunter gatherers in africa suffer from

the same problems that indigenous peoples suffer from around the world

cultures + ways of life = seen as outmoded

less access to education, health care, and other services

what was the main goal of establishing indigenous rights in africa

positioning themselves at the un

first challenge of establishing indigenous rights in africa

was dominant definition of indigenous peoples as first peoples who could demonstrate territorial precedence before colonization

what were some further struggles of ip rights in africa

they could not claim to be first people. they could only really say that they shared a structural position to that of IP in the americas, australia etc

possess a cultural distinctiveness that leads to history of political subjugation, econ marg, territorial dispossession, discrimination

what did the san emphasize in their definition of indigenous

a relational/structural definition of indigenous

how were ip in africa successfully able to make the claim as indigenous

cobo’s emphasis on self identification in his working def

opposition from states - indigenous rights in africa

concern about free prior and informed consent. would this interfere with development?

african states = reliant on resource extractions as foreign money

nigeria specifically has a long standing abuse of rights of the ogoni ppl in the niger delta

right to self d… fear that if indigenous ppl were given this, it could threaten the boundaries of existing states

structural reforms in africa

mandated by the international lending and dev institutions like world bank req governments who recieve aid or loans to reduce state spending and embrace the free market

aim of structural reform puts pressure on states to produce revenue via free market enterprises like mining

particular concern: proximity of maasai to the serengeti national park

serengeti = one of the 10 natural travel wonders of the world

ongoing efforts of the state to expand it creates buffer zones, pushing maasai off their lands

34% of tanzania is allocated to over a dozen natural parks. what issue does this come with

big game hunting involving wealthy clients

since 1992

maasai have been resisting the occupation of parts of their land by wildlife hunting company from the united arab emirates

till date, the tanzanian govt supports

OBC, otterlo business corporation

report of special rapporteur in 2009

james anaya — reported on the forced eviction of maasai from grazing lands

paramilitary police in tanzania + security forces from uae + conservative tourism development initiatives

maasai grazing lands are threatened by conservation areas + issuance of hunting licenses to tourism

what are states mainly concerned with

the right to self determination and any suggestion of collective rights, saying it will foster ethnonationalism

what do african activists for indigenous rights say in return

they are seeking inclusion > separation in the form of access to goods and being more than a second class citizen

the goal of self determination

isnt separation; it’s the control of their own political rep, econ futures, social org, and cultural practices and beliefs without outside intervention

at the un, there is

growing presence and involvement for african peoples indigineity

main goal of activists

turn international recognition and support into recognition and protection at home

tanzania and kenya emphasize that all citizens

share and link these legacies of colonialism. so, there’s no leverage for maasai as indigenous in the struggle against big game hunting in their territories

it has been ____ for activists to _____

hard, form strong regional or continental networks; harder than in the americas

why participate in activism at the un permanent forum on indigenous issues

• important political forum for voicing claims

• place to meet/learn from other indigenous activists

• confronts power in the form of international agencies + try to change their policies

• turn international visibility into recognition and protection at home

tanzania info

independence from britain in 1961

lots of colonization from portugal, britain, german, and arab

julius nyerere

first tanz president

advocated a socialist approach via nationalization of large industries and banks

concerned with stability + wanted a uniform national identity

now is under pressures of neoliberal structural adjustment

challenges of recognition for tanzania

tanzanian ambassador and perm rep to the un spoke at the perm forum on indigenous issues

"indigenous peoples don’t exist in her jurisdiction”

to tanzania, the indigenous concept belittles local communities as inferior → underdeveloped societies are defined as indigenous

what else did the tanz ambassador also say

colonialism subjected pastoralist societies in africa to perpetual marginalization → remaining backwards (suggests assimilation)

what year was serengeti national park created

1959

what did the maasai use the area that became the serengeti for

part of their nomadic circuit, moving cattle thru for grazing

what do the maasai not hunt

wild meat

when the maasai left the serengeti, the maasi were promised something. what was it?

promised by the british that they could live in the ngorongoro district conservation area

what did the nyerere govt create in 1974

the loliondo game control area

ambiguity around the rights of maasai to continue to live there

land conflict btw maasai and tanzania

otterlo business corporation got a license from tanz govt for land in the loliondo game controlled area

govt said it was acting on behalf of maasai villages in issuing this license

fpic not present

who was the licence granted to

rahim al ali, former deputy defense minister of uae for hunting excursions for fam/guests

forced evictions of maasai

bc obc restricted maasai villagers’ access to grazing land and water

anaya, the special rapporteur endorsed this

what did the minister for natural resources and tourism say they would do

set aside 150 000 hectares of the lgca for windlife protection (wildlife corridor that would prohibit human occupation)

what does conservation tourism include

wildlife safaris

wildlife hunting was ___ in many parts of tanzania but this was a ____ made concession near the park

legal, privately

what was the pushback against the wildlife corridor

they wanted it to be a wildlife management area instead for both livestock and wildlife

2nd round of evictions (MAASAI)

2017; ppl’s homes burned and livestock = taken or dispersed

tanzanian ministry of natural resource and tourism issued a press release on whatv concept

houses were being burned under government orders to preserve ecosystem and attract tourists

after the 2017 evictions

maasai villages sued the govt

east african court of justice dismissed the case bc the maasai hadn’t shown they were evicted from their village lands > serengeti national park where the werent supposed to be

november 2023

east african court of justice appeal division upheld their appeal

uncertainty over areas of ______

native title, including where it is and what includes

tourism =

largest foreign exchange earner, second largest contributor to the gdp and third largest contributor to employment in tanz

the san

live in botswana

hunter gatherers, mixed forms of economy

live amongst wild plants + game → fascination and admiration

egalitarian alongside hunter gathering; flexible

san + discourse

formerly known as bushmen

subject of much research

depicted as pristine hunter gatherers, human utopia

kalahari debate

two poles

traditionalists: san have successfully lived in harsh environment, hunting/gathering for centuries, isolated, unique culture based on sharing and egalitarianism

changes in way of life = recent

revisionists: san have been part of a larger economy and society of southern africa. their location in the kalahari is due to being pushed there by bantu neighbours who monopolize area

subordinate to the bantu

coke bottle in the kalahari syndrome

modernity kinda just falls from the sky and started cultural disintegration that is solved via the removal of the foreign element

main concerns with the san

can they be autonomous but not isolated? engaged without being thought of as assimilation/no longer indigenous?

what is the assumption about foraging societies

they are so delicately balanced that they cannot accommodate innovation and change; when there is contact or trade, they stop being what they used to be

central kalahari game reserve

established in 1961 to protect wildlife and reserve land for the use of the huntergatherers in the san

when did botswana gain independence

1966

who aided in the establishment of the central kalahari game reserve

george silberbauer, a south african anth working as the bushmen survey officer and district admin official

purpose of the establishment of the ckgr

protect wildlife resources + reserve land for traditional use by hg communtes

who was considered in the creation of the ckgr

san + bakgalagadi (bantu sub group)

what activities did the san/bantu participate in

part time foraging, agro pastoralism, other mixed subsistence activities

small, seasonally sedentary communities

near pans where water could be found but also moving around

botswana meaning

the land of the tswana

what was the govt of botswana working on since their independence

state goals of economic development and equal citizenship

tswanafication

promotion of the language and values of the dominant tswana society

maria sapignoli noted this

the hunting territories of the san/bakgalagadi were on the outer margins of cultivated space → remote from the tswana agriculture and cattle rearing

why were the san viewed as sus

part of the bush; they existed outside of tswana norms and were depicted as threatening

what kind of country was gov of botswana at the un

a positive country; did not recognize san as an indigenous people

what was the goal of the botswana govt in rlt to the san

to promote their sedentariness and to “modernize them”

what did san do in response to their govt

positioned themselves as indigenous peoples at the national and international level to speak about injustices they were experiencing

in what year did indigenous rights discourse enter botswana

end of the 1980s

after independence, what did the botswana govt provide to the reserve (SAN)

services, like a borehole for water, small school, and mobile clinic in the largest settlement of xade

how were the san seen in relation to the bots govt

bots wanted to enforce the remote area development policy; development was defined w villages and village infrastructure

san were seen as “remove area dwellers” in need of development

from the 1980s onward, the govt was not keen to promote the remote area development policy. why

the pop density in xade was thought to be endangering wildlife; cost of providing services in the ckgr = expensive

1985, the govt of botswana did a lil smth

appointed a commission to study the conditions of the ckgr + san to make recommendations

the commission excluded this group

any san who were residents of the ckgm

in 1986, due to the commission, the govt stated

that the central kalahari should be maintained as a game reserve + people living there should be encouraged to move out

reasons for the ppl to move

1. too expensive to provide services to such a scattered pop

2. people and wildlife = incompatible in a game reserve

3. more efficient development assistance could be provided somewhere closer to roads and other transportation infrastructure

new xade

where 1239 san ppl were moved to. 500 ppl were moved to a northern district (botswana)

second set of removals (san)

the settlements in the ckgr = mainly empty at this point. only a few ppl camped near it but were quiet on the creek. (2002)

govt claimed the relocation = voluntary

yet the san were made to understand that if they stayed they would be cut off from any services or support. so this consent was NOT free.

those who moved were promised the following

financial compensation, livestock, water, a clinic, and a school

after these developments, the san and supporters (including lawyers in sa) made the following decision

to take the case to court, despite being worried about using the master’s tools to break down the master’s house.

how did the san get funding for taking the course to court

thru ckgr legal rights support coalition which included several international HR NGOS

international support = important, but a drawback

high court of botswana case

brought in april 2002

what were the arguments made in the san case (by the san)

they had used the territory uninterrupted since time immemorial and should have services provided in their territory. continuity!!!!

according to the ILO Convention No 169 of 1989 + UNDRIP (draft), they should be seen as IP and they should have a right to the land they traditionally owned, occupied, or used

san = indigenous to the ckgr

surivival international

international NGO

offered to fund the case + high profile lead barrister gordon bennet

why did the existing members of the san team/botswana general public disagree with this idea

survival international focused on diamond mining as the main reason behind relocation

damaging national image

the conflict diamond argument = inaccurate, only used to get international attention

bushmen idea - part of the case

term has legal recognition in article 14.3 of the botswana constitution

were the san/bakgalagadi present at the time the reserve was created?

can they both be be seen as bushmen?

what position did the govt’s lawyer use?

the revisionist pole in the kalahari debate

what was the main concern via the term “bushmen?”

who were the bushmen that the constitution refer to in 1966? do they still exist? do they still meet the standards for being indigenous?

continuity