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Intertribal Conflicts and Customary Law Regimes in North Africa: a Comparison of Haratine and Ait 'Atta Indigenous Legal Systems

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Intertribal Conflicts and Customary Law Regimes in North Africa: a Comparison of Haratine and Ait 'Atta Indigenous Legal Systems Student Thesis Honors (1996-2008) School of Law 6-1-2004 Intertribal Conflicts and Customary Law Regimes in North Africa: A Comparison of Haratine and Ait 'Atta Indigenous Legal Systems Anna Martinez University of New Mexico Follow this and additional works at: https://digitalrepository.unm.edu/law_studentscholarship Part of the Law Commons University of New Mexico UNM Digital Repository Recommended Citation Martinez, Anna. "Intertribal Conflicts and Customary Law Regimes in North Africa: A Comparison of Haratine and Ait 'Atta Indigenous Legal Systems." (2004). https://digitalrepository.unm.edu/ law_studentscholarship/40 This Student Paper is brought to you for free and open access by the School of Law at UNM Digital Repository. It has been accepted for inclusion in Student Thesis Honors (1996-2008) by an authorized administrator of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. WRITING COMPETITION ENTRY #10 lntertribal Conflicts and CustomaryLaw Regimes in NorthAfrica: A Comparison ofHaratine and Ait 'Atta Indigenous LegalSystems �001 or Lllw ua,a-. Ths Universityof""- Maioco 1117 Stanford DtJwj, N.E. Albuoueroue. New,,,,__ B7131- ,.u, [A} study ofcultural politics is a study of the politics ofrhe production ofcultural explanations that are used in the academy. outside the academy, in global politics, in metropolitan politics, in nationalpolitics of various kinds, migrant politics of various kinds, articulations of majority and minority, domination/ exploitation. a very wide field of managing various kinds of crises that are coming · up in order to give people who act within these crises a certain way ofdescribing what the position is. Gayatri Chakravorty Spivak' The Haratin people of North Africa, are subjects in crisis, they are people whose origins are debated, and whose social status is scorned. As an indigenous population in the midst of regional turmoil, they have been subject to removal, forced labor, and economic deprivation. Their exploitation by both French colonial forces and other indigenous populations has displaced the Haratin way oflife and has subsumed their legal culture. This paper explores the difficulties of identifying indigenous legal systems where a population has been deprived of their land base and has been subjected to the legal system of outsiders - who are also indigenous. In this marginal space, benvixt the layers of oppressors, colonizers, and simultaneously other colonized and oppressed, I attempt to shed light upon the emerging Haratin legal system. Rather than focusing on the most visible aspects of a legal system that traditionally privileges fonnal institutions and structures, this paper examines the Haratin legal system at a very local level, privileging instead, informality, and common customs or practices found in everyday living that dictates manners and ethics, the foundation of any legal system. Although the Haratin live throughout North Africa, this paper focuses specifically upon the Haratin of the Tafilalt Oasis region of southern Morocco. Section one is devoted to the social history of the Haratin in order to 'locate' their position in modern Moroccan society. In particular, this section examines the multi-dimensional aspects of their identity, including the 1 PhjJip Sipiora & Janet Atwill, Rhetoric and Culrurnl ExplanaJion: A Discussion with Gaya1ri Clwkravorry Spivak, I 0.2 JAC 1990, nvnilnble nrhttp://www.16bc:avergroup.org/mtarchivl'/archives/0002R4print.ht.ml. Page 1 of 32 process of naming, and the exclusion of their indigenous identity by the majorityof Moroccans. This section also scrutinizes the affect of race and class on the formation of Haratin identity. Section II discusses the Ait 'AttaBerber tribe's customary law and their political relationship with the local Arab Shurfas. Particular attention is paid to landtenure laws of the Berber tribes from pre-French Protectorate, through occupation, to post-colonial state. An examination of 'Atta governance focuses on pre-protectorate through 1956, the seminal year in Moroccan history that ended the formal protectoraterelationship with France. Section III focuses on the Haratin formation and expression of their internal customary law. [ attempt to identify a space where Haratin people create their own laws and customs outside the reaches of the dominant Berber and Arab populations. Land regulation and production, labor management, and ecological knowledge are discussed. Section N concludes with a reflection on theories and lenses of analysis presented and their meaning in writing as an outsider about internal law. I. Haratin Identity A. On Naming and Meaning Haratin identity, forged largelyby empowered outsiders, revolves primarily around stereotypes stemming from racial, ethnic, and class prejudices. Perhaps the most controversial of the many meanings and identities that the Haratin invoke is that of indigenous peoples. In a place where Berber tribes dominate the Moroccan image of tribalpeoples, the Haratin history and sedentary way of life seems contradictory to an indigenous identity. While peeling away the layers of meaning that comprise Haratin identity, the core position of this paper firmly recognizes that they are indeed indigenous, and moves to examine then, the consequences of such labels for these members of rural Moroccan communities. Jn the southern oasis region of Morocco, the Haratin are a distinct caste at the bottom of a social hierarchy composed of landowning Arab religious specialists known as Shur/a, Page 2 of 32 transhumantindig enous populations, specifically the Ait 'AttaBe rber tribe,and slave descendents knownas the Ismkhan.2 The Haratin peopleare subj ectto discrimination by these other groups, in particularbe cause of theirper ceived lack of clearorigin s and ambiguousrac ial identity. Thisdis criminationmani fests itself forinstan ce, in the nameHar atin, the etymology of which is debated by scholars. Some scholarshave adoptedthe opinion that Har atin is an Arabic tenn3 while others insist thatthe word is more than likely Berber in origin. Prof.Chouki El Hamelnotes that the Berber word ahardan, meaning'dar k color', is theear liest known use of the tenn,d ating back to thethirtee nth century, andtha t its use in some regions of Morocco to designate darkski nnedpe rsonsis contrastedwith the word forwhite skinne d persons- Amazigh, 4 that is also the word one group of Berber peopleuse to self-identify. He also found instances of Arab-speakingpersons using the term to mean'e nslaved blacks' and historically in Mauritaniato referto freed black slaves.5 The term Haratin is similarly usedto designatea specificgroup of dark-skinned agriculturalistsand peasa nts.6 There are fewand scanty references to the Haratin in the literature of Morocco, and where they arementi oned, it is usually only in their relation as laborers forth e Ait 'Atta Berber tribe, a popularfocus of ethnographers and anthropologists. TheHara tin's l REMCOENSEL, SA INTS ANO SERVANTSIN SOUTHERN MOROCCO 3 (1999). Ensel wrote this book as a revision to hisPh.D. at the University of Amsterdam. His primarybas e of research was in the Draa River Valley of Morocco, with special focuson the Haratine peoples, conducted from 1993�94. 3 Hsain llahiane,The Power of theDa gger. the Seeds of the Korao.and the Sweat of the Ploughman: Ethnic Slratification and Agricultural Intensificationin the ZizVall ey, Southeast Morocco J 07 n.7 ( 1998) (unpublished dissertation, Universityof Arizona) (on file withthe University of New Mexico LawLibr ary). Noring that the word has roots in the Arabic verb haratha, to planl,and also hor thani, meaning free people. Ilahiane is currently teaching at theUnive rsity of Iowa andis revising rusPh.D . forpu blication. Jlahiane is fromMor occo and based his research primarilyin the state ofErrachidia, whichencompa sses the Tafilaltoasis region. His acknowledgements include 'Am.id Chad who taught llabiane about localMor occan and French history (of the oasis) froma Haratin pointof view. ' Chou\oEl Hamel, 'Race '. Slavery and Islam in the Maghribi Mediterranean Th ought: 111e Question of the Hnratin i11 Morocco, THE JOURNALOF NORTH AFRICAN STUDIES,Vol.7, No.3 at 29, 38 (Autumn 2002). Prof. El Hamel wrote this article duri ng his te nure al the SchomburgCe nter forRe search in Black Culturein New York City. He is currently a professor of Islamichis toryat ArizonaSt ate University. s Id. at 39. 6 ENSEL supra no1e 2. at 3. Page 3 of32 marginality is figuratively emphasized when theyare mentioned in brief passageso r footnotes. For instance, in a book about Arabs and Berbers in Morocco, a col_lection of several authors, the Haratin are describedas follows: The originof the haratin class is still a subject of debate, but they are generally believedto be the descendentsof black, immigrant slaves who intermarriedwith the Berber population. Most had darkskin an d negroid fe atures ...almost all of themwo rkedas khammas laborers forthe whit e Arabs or Berbers,recei ving for their toil a fifth or less o f the harvests.''7 In another work, an author notes in a parenthetical reference that "it is axiomatic that in Morocco before 1912 'rural' and 'tribal'we re one andthe s ame, except forthe negroid cultivators, known as Haratin, in the Saharan oases who are probably not tribally organized.',a The sameauthor reconfirmsthe agriculture identityof the Haratin, de-emphasizing theirindi genous quality:"The Haratin . are a very old, negroidand non-tribalp opulation
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