There is a massive “land grab” by foreign companies currently underway in Ethiopia, under the invitation of the regime in power. The move has settler colonialism written all over it. Indeed, it has already induced many in the international community, such as the UN, the EU, FAO to mention but few, to sound the alarm. Major news organizations that are otherwise notorious for their negligence of events pertaining to Ethiopia, have also described the move by echoing the word ‘colonialism’ one after the other. (See reports by The New York Times, Washington Post, The Guardian, Bloomberg and Japan TV using the links given at the bottom for example). Ethiopians, who are supposed to carry the brunt of the consequence, are not however anywhere to be found in heeding the warning.

[…]

This of course will come at a huge cost to Ethiopia and Ethiopians. More directly, it will deny, at least three generations of the rural masses in and around the sites of the foreign holdings, any access to land and turn them into squatters, thereby instituting an agrarian system akin to settler colonialism, which needless to say, was the worst brand of colonialism. Indirectly, it will have a snowball effect in further complicating and exacerbating our existing woes as a nation. The deals will create external players who will find it necessary to meddle in our internal affairs in order to safeguard their interests.
[..]
As for job creation, people in Gambella now working at Karuturi’s palm oil fields as daily laborers, have already started complaining that they were much better off working there own land. No sooner had companies started operating than complaints of inhuman treatment also started to surface.
Child labor is also a common practice. According to one report, China has even threatened to bring its own workers unless the locals behave themselves, by which it meant accept reduction to servitude and treatment as squatters in a land, which Gambellans thought, was their own.
I’ve thought about this a fair bit in the last few months; and a related topic came up the other night at the settlerism talk. Today I came across this online paper. Question is, then: are these desperate, postcolonial land grabs in fact settler colonial processes reinstigated?
It is, I think, a little more complex than this. In many cases, plantations are being created in newly (and possibly illegally) alienated land in Africa. That is to say, families aren’t moving out, capitalists are. In other cases, deals are being made just for exclusive resource rights. And often — I’m thinking here of the Chinese enterprise in places like Angola, Gabon, Sudan, Uganda and the Congo — the required labour machine, much like the capital, comes from overseas and is not organic to the African region. This is all quite unique in the scheme of things, for seldom does an imperial metropole provide both labour and capital without settlers or slaves to undertake an exploitative project overseas.
Yes, whopping grabs are taking place, and many African communities are discovering that the land they’ve sat on unperturbed for decades —  idyllic, I know, but bare with me on this one — is being swept from under their feet like a blanket. Shockingly, in many cases, these transactions are performed without consensus, and don’t involve leases. They are instead outright acquisitions, signed off on the sly. So what do we make of it?
Time will tell whether all of this will amount to another carving up of Africa in the interests of sovereign advantage and resource access, or to the reservation of a few plots for hardy immigrant peasants who seek a new start.
For now, I’ll bet, London to a brick on, it’s the former.

 

Actually placing “settlers” and “colonialism” in the same analytical field required overcoming a number of conceptual blockages. It took decades. The nineteenth century – the century of the “settler revolution” (see Belich 2009) – did not think that they could be compounded. Indeed the settler revolution had cleaved the two apart: Marx, who engaged extensively with Wakefield (see Pappe 1951), thought that the settler colonies were the only “colonies proper”; Mill, who wrote extensively on colonisation and colonialism kept them rigorously separate (see Bell 2010). Archibald Grenfell Price was probably the first, in 1929, to theorise a particular form of colonial activity distinct from other colonial endeavours. Settler-driven colonialism – “independent” settlers – had been more effective colonisers than other metropole-directed groups (Price 1929). He was explaining South Australian specificities in the context of Australian diversity; and yet, he did not propose an exceptionalist account. On the contrary, his outlook was systematically comparative, proof that paradigmatic shifts are often grounded in parochial concerns.

I have elsewhere followed the development of “settler colonialism” as a concept since the 1930s (Veracini forthcoming). In the context of this trajectory, the notion that settler colonial settings were fundamentally different from both metropolitan and colonial contexts was recurrently proposed from the “South”. The settler themselves said so (the Algerian, Rhodesian, and south African settlers, for example, all at one point or another claimed a local version of southern exceptionalism), and the scholars, even if their agenda differed dramatically from the settlers’, confirmed it (i.e., Donald Denoon’s outline of settler capitalism in the southern hemisphere [1983], the “staple theory” of economic development that turns into a staple “trap” at the antipodes [see Schedvin 1990], Patrick Wolfe’s emphasis on the fundamental inapplicability in the specific conditions of settler colonialism of the master slave dyad typical of colonial studies [Wolfe 1999], and James Belich’s discovery, even if he does not use these terms, that settler colonialism is primarily about reproduction, not production, and that settler colonialism is immediately autonomous from the colonising metropole [2009]). Whether at the level of practice or theory, the notion that settler colonialism should be seen as a distinct formation came from the South.

That this was an original development and that only recently this notion has become better received in the northern hemisphere should be emphasised. On the contrary, scholarly traditions have consistently understood settler colonial phenomena either as colonial or metropolitan ones, not as an autonomous formation (alternatively, parochialising exceptionalist paradigms have been put forward). Marx and Engels, as mentioned, thought that settlers and metropole were part of the same analytical field. Lenin, and twentieth century Marxisms, on the contrary, conflated colonial and settler colonial forms and considered all colonialisms part of the general process of imperialist appropriation. Imperialism, it was argued, reorganised precapitalist economies anywhere, and integrated all peripheries into the world capitalist economy – the settler was, in Ronald Robinson’s words, the “ideal prefabricated collaborator” of imperialist endeavours (Robinson 1972). Likewise, anticolonial “Third Worldism” routinely collapsed the settler locales and the colonising metrople within the “global North” category, while only some within postcolonial studies preferred to include the settler colonies within the bounds of the “postcolonial” experience (even though this remained contentious and it was acknowledged that settler postcolonialities should be considered a specific subfield [see Ashcroft, Griffiths, Tiffin 1989]).

From a presentation given at the IPCS last week

via Southern Perspectives


This case was a bit special.

The U.S. Department of Agriculture (USDA) short-changed some Native Americans; Native Americans finally secure compo (and more). This was a hard fought case, not about land or resource rights, but about a bureaucratic fluff up, which ignored the many obstacles — pertaining to capitalist agriculture — that stand before indigenous farmers today.

From native american legal update:

The U.S. Department of Agriculture (USDA) has announced an historic agreement to settle a decade-long class action lawsuit known as Keepseagle v. Vilsack, wherein Native American farmers and ranchers alleged discrimination in the USDA’s farm loan program dating back to 1981.

Under the agreement, the USDA will pay $680 million in damages to thousands of Native American farmers and ranchers and forgive up to $80 million worth of outstanding farm loan debt. The settlement also initiates new programs to improve USDA’s farm loan services for Native Americans. Those initiatives include the creation of a Native American Farmer and Rancher Council, where top USDA officials and Native American advocates will collaborate to make USDA’s programs more accessible for Native Americans farmers and ranchers, as well as enhanced delivery of technical assistance to Native American borrowers, the creation of sub-offices on tribal lands, a systematic review of the farm loan program rules to improve accessibility to Native Americans and other measures designed to improve the provision of farm loan services to Native Americans.

The Keepseagle lawsuit alleged that Native American farmers and ranchers were denied the same opportunities as white farmers to obtain low-interest rate loans from USDA. Congress has charged the USDA with serving as the “lender of last resort” for family farmers who can’t obtain credit from commercial banks. According to an expert report prepared by a former USDA economist, Native Americans suffered actual economic losses amounting to $776 million between 1981 and 2007 as a result of receiving less than their fair share of credit opportunities from the USDA.

Lead plaintiffs Marilyn and George Keepseagle, ranchers in Fort Yates, N.D.,said “We have been waiting nearly three decades for this day to come. This settlement will help thousands of Native Americans who are still farming and ranching. But more important, through this settlement we will leave to our children and grandchildren a farm loan system far more responsive to our community than the system we inherited from our parents.”


Former ATSIC deputy chairman Ray Robinson is spearheading legal action in the Brisbane District court next week.

He says he will be arguing the Howard government acted illegally by abolishing ATSIC.

“A number of members of the board of commissioners are challenging the validity of the winding up of ATSIC,” he said.

“I am challenging that it was invalid, unconstitutional. We had advice from a top constitutional lawyer, David Jackson QC, and I am challenging on that advice.

“This one will go all the way to the High Court of Australia.

via ABC News


Wow, I had no idea that this had even happened. May we say, the sooner this event gets handed over to the po-cos for destruction, the better ?

Disgraceful – and ungraceful.


bin laden

28Oct10

An audio message said to have been recorded by the al-Qaeda leader says the abduction was retaliation for “France’s injustice to Muslims”.

It says forthcoming French curbs on the full veil are “colonial oppression”.

via BBC

??

 


Correspondence on the stance of Australia’s ‘progressive’ Overland magazine, reproduced on the blog of Antony Loewenstein.

20/4/10

Dear members of Overland Editorial Board,

We are writing to express our grave concern about your journal’s unbalanced coverage of Israeli-Palestinian issues in recent years. We all strongly respect Overland’s tradition of providing a forum for free and open discussion of democratic and progressive ideas. But the recent biased and prejudiced coverage of Middle East affairs has the potential to bring Overland into serious disrepute.

We can all agree that the Australian Left has no consensus on this issue. Nevertheless, it is fair to say that a wide majority on the Left today support a two-state solution which encapsulates recognition of both Israeli and Palestinian national rights. It is also fair to say that those fundamentalists who advocate the elimination of Israel and its replacement by an Arab State of Greater Palestine represent a small, if sometimes vocal, minority.

Yet it is precisely these marginal views, which demonize Israel and infantilize the Palestinians, that seem to have captured Overland’s agenda in recent years. We note, for example, the three recent articles that appeared in issues 187 by Ned Curthoys, 193 by Antony Loewenstein, and 198 by Michael Brull.

What is common in all three of these articles is the collective essentialising of all Israeli Jews and all Jewish supporters of Israel’s existence, whether supporters of the Israeli peace movement or supporters of a Greater Israel, as inherently evil oppressors. Equally there appears to be a concern to promote miniscule groups such as the Committee to Dismantle Zionism and the Independent Australian Jewish Voices group as in some way representing a significant Jewish dissenting voice. This is a complete nonsense. In fact, they represent a tiny minority even within the wider Jewish Left, and their simplistic viewpoints are overwhelmingly rejected by progressive Jews. Highlighting their views means implicitly excluding the perspectives of 99 per cent of Australian Jews from your journal.

[…]

Yours Sincerely,

(Professor after Professor)

response:

Let us begin with the obvious point that accusing an overtly political journal of ‘bias’ makes no sense whatsoever. When Overland launched in 1954, it proclaimed its ‘bias’ (literally) with a famous phrase borrowed from Joseph Furphy. That slogan was meant to signal that the journal gave a voice to the Left, just as Overland does today.

But we suspect that by employing words like ‘bias’, ‘prejudic[e]’, ‘demonise’, Mendes and co. intend to imply something rather darker – that the Overlandeditorial team is anti-Semitic. If that is what they mean, they should come out and say so. For the record, any allegation that Overland publishes, accepts or otherwise endorses anti-Semitism or any other form of racial discrimination is utterly scurrilous, and we reject it entirely.

[…]

More generally, in an increasingly homogenised mainstream media, emerging voices that don’t parrot Murdoch talking-points often struggle to be heard. We believe that by providing a platform for ‘marginal’ writers – even if those writers occasionally scandalise a conservative or two – Overland performs an important function. That is the policy the journal has followed since 1954. It is one we will continue to uphold.

(OL Editorial Board)

Fascinating developments I think — on several levels.


Queensland criminal law was essentially English law with some local modifications, but its chief distinction from the latter was that it was largely administered by Queenslanders. While their legal definitions might be the same, crimes were often understood differently in late-nineteenth-century Queensland and England; some, like sheep-stealing, were seen as more heinous in the former; others, like the killing of nonwhites, generally as less so. Moreover, Queensland, as a colony of settlement, enjoyed almost-complete autonomy. In contrast to either India or to directly ruled Crown colonies, the Home Government was extremely limited in its ability to influence Queensland justice.

Wiener, An Empire on Trial (CUP: 2009).


Shaunnagh Dorsett and Ian Hunter, ed., Law and Politics in British Colonial Thought: Transpositions of Empire (Palgrave Macmillan, 2010)

A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.

Contents:

PART I: EUROPEAN LAW AND GLOBAL JUSTICE

Global Justice and Regional Metaphysics: On the Critical History of the Law of Nature and Nations; I.Hunter

Justice and Imperialism: On the Very Idea of a Universal Standard; D.Ivison

PART II: TRANSPOSITIONS OF EMPIRE

The Legalities of English Colonizing: Discourses of European Intrusion upon the Americas, ca. 1490-1830; C.Tomlins

The Uses of the Rule of Law in British Colonial Societies in the Nineteenth Century; J.McLaren

‘Your Sovereign and Our Father’: The Imperial Crown and the Idea of Legal-Ethnohistory; M.D.Walters

The Justification of King Leopold II’s Congo Enterprise by Sir Travers Twiss; A.Fitzmaurice

PART III: FRONTIERS OF JUSTICE

Samuel Marsden’s Civility: The Transposition of Anglican Civil Authority to Australasia;

A.Sharp The Limits of Jurisdiction: Law, Governance and Indigenous Peoples in Colonized Australia;

M.Finnane The Pig and the Peace: Transposing Order in Early Sydney; L.Ford

William Pember Reeves (1857-1932): Lawyer-Politician, Historian and ‘Rough Architect’ of the New Zealand State; P.G.McHugh

PART IV: THE CROWN IN COLONIAL NEW ZEALAND

Sovereignty as Governance in the Early New Zealand Crown Colony Period; S.Dorsett

Imperial Policy, Colonial Government and Indigenous Testimony in South Australia and New Zealand in the 1840s; D.Ward

Law and Politics in the Constitutional Delineation of Indigenous Property Rights in 1840s New Zealand; M.Hickford


Brett Shadle, ‘White settlers and the law in early colonial Kenya’, Journal of Eastern African Studies 4, 3 (2010)

Abstract:

This article examines settler attitudes toward the law and the legal system in early colonial Kenya. Settlers believed that English law was the culmination of centuries of evolution and was unsurpassed for its justice and logic. Nonetheless, they insisted English law and legal procedure were supremely ill-suited for the African context. When courts released Africans on “technicalities” it only encouraged more crime; insufficient punishments did the same. Settlers argued that the state – administrators and the judiciary – must twist the legal system to fit settler needs. The law must be a tool used on behalf of whites to bend Africans to their will. It must be personal and racially biased, the punishment swift and sharp. In many ways, settlers held an older, cruder understanding of the law, one more suited to manorial estates or Jim Crow America.

Keywords: law; settler colonialism; Kenya; racism