Why wait for the state? Using the CFS Tenure Guidelines to recalibrate political-legal struggles for democratic land control

Abstract

In 2012, with the adoption of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (or TGs), the UN Committee on World Food Security (CFS) established a new international standard on natural resource governance. After adoption, the challenge is for these guidelines to be implemented and used. However, no law is self-interpreting or self-implementing, and so how states will interpret and implement these new guidelines cannot be taken for granted. This is especially true in the current global context of land grabbing driven, in many cases, by alliances of state and capital. Consequently, subaltern people, for whom rights in relation to the natural resources on which they depend remain out of reach, face the challenge and potential opportunity of making use of the TGs to recalibrate the political-legal terrain in favour of human rights and democratic control of land and other natural resources.     

The ‘tenure guidelines’ as a tool for democratising land and resource control in Latin America

Abstract

The current configuration of global land politics – who gets what land, how, how much, why and with what implications in urban and rural spaces in the Global South and North – brings disparate social groups, governments and social movements with different sectoral and class interests into the issue of natural resource politics. Governance instruments must be able to capture the ‘political moment’ marked by the increasing intersection of issues and state and social forces that mobilise around these. This paper looks at whether and how the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (also known as the TGs) passed in 2012 in the United Nations Committee for Food Security (CFS) can contribute to democratising resource politics today. This work puts forward some initial ideas about how systematic research into the TGs can be done more meaningfully.     

Measuring and managing ‘state fragility’: the production of statistics by the World Bank,Timor-Leste and the g7+

Indicators are currently being widely used in international policy making to substantiate analyses and justify decisions on the basis of their alleged scientific objectivity. This article analyses the role of indicators and statistics in the labelling and managing of ‘fragile states’, examining the powerful consequences of these classifications but also discussing the untraceable nature of numbers and the difficulties in attributing ownership of numerical claims and assigning responsibility for their many unforeseen impacts. Focusing on the education sector in Timor-Leste and on the World Bank’s Country Policy and Institutional Assessment (cpia) programme, the article shows how accountability and ownership are negotiated within the context of the g7+ group of self-labelled ‘fragile states’, encouraging an examination of the power relations involved.     

Large-scale land acquisitions,state authority and indigenous local communities: insights from Ethiopia

The convergence of diverse global factors – food price volatility, the increased demand for biofuels and feeds, climate change and the financialisation of commodity markets – has resulted in renewed interest in land resources, leading to a rapid expansion in the scope and scale of (trans)national acquisition of arable land across many developing countries. Much of this land is on peripheral indigenous peoples’ territories and considered a common property resource. Those most threatened are poor rural people with customary tenure systems – including indigenous ethnic minority groups, pastoralists and peasants – who need land most. In Ethiopia large areas have been leased to foreign and domestic capital for large-scale production of food and agrofuels, mainly in lowland regions where the state has historically had limited control. Much of the land offered is classified by the state and other elites as ‘unused’ or ‘underutilised’, overlooking the spatially extensive use of land in shifting cultivation and pastoralism. This threatens the land rights and livelihoods of ethnic minority indigenous communities in these lowlands. This article argues that recent large-scale land acquisitions are part of state strategy for enforcing political authority over territory and people. It examines the implications of such strategy for indigenous ethnic minority groups, focusing particularly on the Benishangul-Gumuz region.     

No humanitarian intervention in Asian genocides: how possible and legitimate?

Abstract

This article addresses an important empirical puzzle: why has the United States, without exception, chosen not to intervene in the six humanitarian catastrophes in post-war Asia, namely in Indonesia, East Pakistan/Bangladesh, Cambodia, East Timor, Sri Lanka and Myanmar? We use an eclectic approach that blends arguments about the international normative structure and geostrategic interests to examine what has made the absence of humanitarian intervention in Asia by the US possible and legitimate. Specifically, we focus on the paradox between calls for humanitarian intervention and the historically and geographically contingent social construction of the norms of humanity, national sovereignty and United Nations-backed multilateralism in conjunction with US and Chinese concerns over their regional geostrategic interests. The normative narratives about race, ‘communists’, ‘terrorists’, international order and inclusive multilateral processes, and the geostrategic interests of the US and China, combine to make non-intervention possible and legitimate.     

Wheels within Wheels: Poverty,Power and Patronage in the Cambodian Migration System

Abstract

This article presents evidence for an adjusted and refocused systems theory of labour migration in Cambodia. Specifically, it seeks to highlight first, how migration in Cambodia may be understood as a multi-scalar phenomenon characterised by pragmatism and flexibility; secondly, it emphasises the undergirding role of traditional rural norms in shaping and mediating the systematic process of labour movement; and finally, it presents evidence concerning how these structures constitute a vessel of social change, not only from urban to rural, but also from the rural to urban. In this way, a picture is presented of Cambodian migration as an adaptable, but nevertheless highly patterned process which is rapidly reordering the Kingdom’s cities and villages alike.     

The right to food in the context of large-scale land investment in Ethiopia

Abstract

Since the global food crises of 2007, smallholder farmers, pastoralists, indigenous peoples and other rural groups in many developing countries have seen their access to land, water and forest resources being threatened and reduced due to the acquisition of those resources by other actors – acquisitions that may have been promoted by state policies. Taking up the case of Ethiopia, this article aims to explore the implications of large-scale agricultural investments for local food security and the right to food. The article argues that in the context of the recent and ongoing large-scale agricultural investments driven primarily by the state, the interpretation and realisation of the right to food becomes a politically contested issue and that such investments run counter to implementing the state’s obligation to protect local people’s access to and procurement of adequate food. It argues that the large-scale agricultural investments both condition and pervert the realisation of food security.     

The making of land ownership: land titling in rural Colombia – a reply to Hernando de Soto

Hernando de Soto’s best-selling book The Mystery of Capital argues that economically disadvantaged countries lack institutional arrangements that can spur economic development and capital growth. This article questions de Soto’s institutional economist account. It draws on a 14-month ethnographic study performed at two rural field sites in Colombia and in the central government office responsible for promoting land programmes designed to improve the living conditions of rural communities. This study, which focuses on the daily practices of public officials and rural campesinos, suggests the importance of the title document, and in particular the public deed, for land ownership. It describes the process by which landownership is created by the issuance of the land title document and highlights some important elements and untended consequences that are often neglected in this process of making land a legal and economic asset.     

Geopolitical Imaginaries in Russian Foreign Policy: The Evolution of ‘Greater Eurasia’

Abstract

Russian foreign policy thinkers have used a succession of geopolitical imaginaries to articulate a Russian role and identity in the post-Cold War era. This essay analyses one such spatial project, the idea of ‘Greater Eurasia’, which imagines a new geopolitical geometry centred on Sino–Russian cooperation. The ‘Greater Eurasia’ discourse provides a new role for Russia in international affairs but also makes far-reaching claims about the nature of the emerging, post-liberal world order. The essay concludes with an analysis of the main challenges to the ‘Greater Eurasia’ project.     

‘Rising Power’ Status and the Evolution of International Order: Conceptualising Russia’s Syria Policies

Abstract

Taking Syria’s armed conflict as a case study to illustrate the processes of normative contestation in international relations, this article is interested in re-examining the typology of Russia as a ‘rising power’ to account for ‘rise’ in a non-material dimension. The article integrates the concept of ‘rising power’ with the literature on international norm dynamics to reflect on the rationale for Russia’s engagement in Syria despite adverse material preconditions. It will argue that Russian norm divergence from alleged ‘Western’ norms illustrates Moscow’s ambition to co-define the conditions for legitimate transgressions of state sovereignty.     

Interventionary order and its methodologies: the relationship between peace and intervention

Abstract

¹Recently there have been calls from policymakers around the world for practically engaged research to produce evidence-based policy for peace, security and development. Policymakers aim to align three types of methodological approaches to knowledge about peace, security and development in international order: methodological liberalism at state and international levels, aligned with ‘methodological everydayism’ in order to constrain methodological nationalism. Policy operates through broad forms of intervention, spanning military, governmental and developmental processes, which scholarship is expected to refine. Critical scholarship is sensitive about the subsequent ‘interventionary order’, often connecting methodological everydayism with global justice frameworks rather than methodological nationalism or liberalism.

Sir Philip Mitchell, later colonial governor of Uganda, Fiji, and Kenya, responded to Malinowski’s claims [that the British government needed the support of anthropologists] with great scepticism, emphatically expressing a preference for the ‘practical man’ rather than the scientist.²     

Translating Legal Rights into Tenure Security: Lessons from the New Commercial Pressures on Land in Ghana

Abstract

Since the confluence of the food and oil price crises of the mid 2000s, Ghana has become a prime destination for large-scale farmland investments. While this trend could make valuable contributions to an ailing agricultural sector, the alienation of rural land for commercial ends could conversely have far-reaching implications for customary land rights. Through an analysis of the legislation protecting customary land rights and governing such the alienation of those rights and by contrasting this with practice, this article highlights some of the fundamental challenges in translating legal rights into tenure security in contemporary Ghana. It shows that despite the legal recognition of customary land rights, in practice customary land users are ultimately responsible for contesting infringements upon these rights. With traditional authorities able to capture substantial rents from the alienation process and government institutions offering scant oversight as a result of fragmented responsibilities, capacity constraints, and political disincentive, the protection of customary land rights is becoming increasingly contingent on community ‘capacity to claim’. Since poor access to information, unrealistic expectations and deference to traditional authority tends to quell disputes over alienation, the limited mechanisms for protecting citizen access to resources gives reason to reconsider the importance of direct state involvement in the customary land domain.     

Anti-corruption or accountability? International efforts in post-conflict Liberia

This paper analyses anti-corruption efforts in post-conflict Liberia. It highlights citizens’ views on the definition of corruption and argues that, in the past, anti-corruption efforts have often focused on institution building and formal justice mechanisms without sufficient understanding of accountability dynamics on the ground. Anti-corruption approaches in Liberia have only nominally examined whether there is a shared understanding of what ‘corruption’ is and why it is regarded as a problem. The paper examines the social norms and perceptions that underlie understandings of the term corruption. It argues that the international community may have overlooked the fact that ‘corruption’ has become an all-encompassing term that masks a myriad of differing priorities and concerns. The authors posit that ‘accountability’ may be a more useful lens for those actors hoping to improve governance in these contexts.     

Dishonest Government: Local Government Reorganisation,England 2006–2010

‘When I use a word’, Humpty-Dumpty said, in a rather scornful tone, ‘it means just what I choose it to mean – neither more nor less.’ (Lewis Carroll, Through the Looking Glass.)

Abstract

The local government reorganisation process introduced by the Labour government in England in the 2006–2010 period is characterised by a range of disturbing characteristics, in particular the misuse of the English language, the disjunctive between rhetoric and reality and a failure to distinguish between what is ‘lawful’ and what is proper. These claims are justified on the basis of an independent assessment of the government's claims regarding the costs and savings associated with a move to unitary authorities, a review of the court cases involved, which all involved serious criticism of the government's approach, and a critical review of the various contradictory statements made by government ministers during the course of the process. The evidence of the way the government handled the process has serious implications for the way in which public administration needs to be reformed.     

The horror of ‘horrorism’: laundering metropolitan killings

Abstract

Modern colonialism carries many names. But ‘horror’ is not one of them. How and why is this? Why does the slaughter of the ‘native’, the ‘Indian’ and the ‘slave’ not register as crime or horror? This essay explores these questions though a close reading of philosopher Adriana Cavarero’s Horrorism: Naming Contemporary Violence. Horrorism has become an increasingly influential source for critical international scholarship concerned with broadening the frames of violence beyond those offered by strategic and legalistic lenses. Its focus on the dismemberment of the body and discovery of a new form of ontological violence offer a fruitful avenue of inquiry for theorising the wounding and violation wrought by practices of terror and counter-terror. This essay cautions against such a supposition. A close reading of the key claims and conditions of possibility of horrorism reveals it to be constituted through the erasure of colonial violence. Tracing the lineaments of this erasure shows that horrorism functions not as a sign of newness but of Western revanchism in a time of crisis. However, this does not make horrorism redundant, for it offers valuable insights for understanding the pervasive failure to consider the horrors perpetrated by the West against non-Western others.     

UNHCR and the pursuit of international protection: accountability through technology?

Better management and new technological solutions are increasingly portrayed as the way to improve refugee protection and enhance the accountability of humanitarian actors. Taking concepts of legibility, quantification and co-production as the point of departure, this article explores how techno-bureaucratic practices shape conceptions of international refugee protection. We do this by examining the evolving roles of results-based management (RBM), biometrics and cash-based interventions as ‘accountability technologies’ in the United Nations High Commissioner for Refugees’ international protection efforts. The article challenges the assumption that these technologies produce a seamless form of accountability that is equally attentive to donor requests and the protection needs of refugees. By focusing on how the constitution of these techniques as ‘accountability solutions’ shapes conceptions of the very meaning of protection (ie the problem to be addressed), we also show what dimensions of protection get omitted in this co-production of technical solutions and socio-political problems.     

The Philippine presidency in Southeast Asian perspective: imperiled and imperious presidents but not perilous presidentialism

ABSTRACT

Among the neglected cases of presidential systems in Southeast Asia, the Philippines is particularly interesting as the oldest in the region and as a ‘pure’ case of presidentialism which provides seemingly strong evidence for its ‘perilousness’. ‘First wave’ presidentialism theory appears to explain how competing legitimacy claims between a president and the legislature contributed to the downfall of a sitting president (Joseph E. Estrada in 2001). Yet, Philippine presidents have usually dominated other branches of government. O’Donnell's concept of ‘delegative democracy’ helps elucidate the hegemonic position of Philippine presidents generally and sheds light on the illiberally transgressive nature of the Marcos and Duterte presidencies in particular. When these twin perils of imperiled and imperious presidents are examined regionally, however, striking parallels are apparent in parliamentary Thailand while the Indonesian case provides a contrasting example of a relatively stable presidential system.     

Kosovo and the Framing of Non-Secessionist Self-Government Claims in Romania

This contribution focuses on the consequences of the international controversy over Kosovo's unilateral declaration of independence (UDI) for domestic debates over sub-state territorial restructuring. The main argument is that, in the absence of a clear distinction in international politics between secessionist and non-secessionist claims, state elites employ ‘Kosovo’ effectively for invoking the spectre of secessionist violence even in consistently non-secessionist and non-violent settings, delegitimising all culturally framed claims for territorial restructuring. This strategy leads to radicalised group claims and increased democratic fragility. The Romanian case highlights the imperative to take seriously non-secessionist claims as a separate category of study and international norm-setting.     

Mediating multiple accountabilities: variation in formal and perceived accountability among international and domestic actors in the health sector in Peru

Based on a comparative case study of bilateral and multilateral donors, this article examines individual and institutional accountabilities among donor officers, implementing agencies, government officials and intended beneficiaries. It explores how multiple accountability demands interact, the extent to which they conflict, and how development actors mediate among them when they do. Institutionally there was substantial alignment of objectives and little goal conflict between international donors and the state; however, there was poor harmonisation across the many donors and numerous projects they were pursuing. There was greater variation within rather than between bilateral and multilateral donor chains, with perceived accountability differing more based on individuals’ positions within their organisation than by the type of organisation for whom they worked. Most informants cited multiple entities to whom they felt accountable. They more frequently acknowledged outward accountability when there existed formal accountability mechanisms, although intended beneficiary groups were conceptualised in different ways.