Indigenous Identity in a Contested Land: a Study of the Garifuna of Belize's
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Indigenous identity in a contested land: A study of the Garifuna of Belize’s Toledo district Alexander Gough This dissertation is submitted for the degree of Doctor of Philosophy September 2018 Lancaster University Law School 1 Declaration This thesis has not been submitted in support of an application for another degree at this or any other university. It is the result of my own work and includes nothing that is the outcome of work done in collaboration except where specifically indicated. Many of the ideas in this thesis were the product of discussion with my supervisors. Alexander Gough, Lancaster University 21st September 2018 2 Abstract The past fifty years has seen a significant shift in the recognition of indigenous peoples within international law. Once conceptualised as the antithesis to European identity, which in turn facilitated colonial ambitions, the recognition of indigenous identity and responding to indigenous peoples’ demands is now a well-established norm within the international legal system. Furthermore, the recognition of this identity can lead to benefits, such as a stake in controlling valuable resources. However, gaining tangible indigenous recognition remains inherently complex. A key reason for this complexity is that gaining successful recognition as being indigenous is highly dependent upon specific regional, national and local circumstances. Belize is an example of a State whose colonial and post-colonial geographies continue to collide, most notably in its southernmost Toledo district. Aside from remaining the subject of a continued territorial claim from the Republic of Guatemala, in recent years Toledo has also been the battleground for the globally renowned indigenous Maya land rights case. As such, Toledo is a contested land both internally and externally. However, another people – the Garifuna – have also resided in Toledo since before British colonisation. Despite their long shared history in the Toledo district, the Garifuna absence from the Maya land rights case was notable. This interdisciplinary thesis places the Garifuna at the centre of the indigenous debate in Toledo, and in doing so, has added new perspectives to the complexity in gaining tangible indigenous recognition, particularly when this leads to control over land and resources. In doing so this thesis has added further perspectives on the Garifuna as a people from both a legal and social anthropological angle, as well as contributing to the indigenous narrative in Belize and the wider Central American and Caribbean region. 3 Acknowledgements This thesis would not have been possible without the help of numerous people, both in England and Belize. I would like to take this opportunity to give particular thanks to the following: To my family and friends, for their unconditional love and support before, during, and after this period in my life. Particularly, I would like to thank my father Derek Gough, without whose support, this thesis simply would not have been completed. To my supervisors, Dr James Summers, Dr Manoj Roy and Dr Saskia Vermeylen of Lancaster University, for their expertise, patience, and generous time over the four years period, as well as the employment opportunities that gave me vital experience and enabled me to finance my studies. I have learned so much from you all. To Mr Oliver Garay and family of Punta Gorda, Belize, for providing me with a space where I felt at home, and for treating me like one of the family. To the National Institute of Culture and History in Belize, for issuing me a research permit and facilitating this thesis, SATIIM for their assistance, and the Belize Archives and Records Service for their diligence and expertise in document retrieval. Specifically, to the numerous Garifuna (and non-Garifuna) research partners in the communities of Barranco and Punta Gorda and the wider Toledo district, within the beautiful country that is Belize, without whose time, knowledge, strength and generosity, this thesis would not have been possible. I am particularly indebted to Ms Lafurugu ‘Mountain Spirit’ Arzu, for your drive, dedication, and hospitality. To my brothers: Mr Kevin ‘Kove’ Zuniga, Mr Jason ‘Preco’ Sandoval, Mr Francisco ‘Cranic’ Nunez, Mr Alvin ‘Vino’ Loredo, and Mr Egbert ‘EgB’ Valencio, thank you for everything you have done and for always having my back. Finally, to my mentor in Belize, the esteemed anthropologist Dr Joseph Palacio. Thank you for your leadership, wisdom and support for my studies. I hope that I have represented your people in a manner they deserve. Seremei Buguya! aba isieni sunwanda (One Love Always) 4 Contents 1. Introduction………………………………………pp 16-29 2. Study Aim and Methodology…………………….pp 30-41 2.1 Study Aim pp 30-31 2.1.1 Study Aim 2.1.2 Objectives and structure 2.2 Methodology pp 31-41 2.2.1 Research methods and site selection 2.2.2 Ethics 2.2.3 Note on terminology 3. The evolution of Garifuna identity in the Americas and Caribbean (1492-1945)…………………………...pp 42-80 3.1 Introduction pp 42-43 3.2 Creating the legacy of the Carib pp 43-56 3.3 Last stand in the Caribbean: The Black Carib wars and birth of the Garifuna pp 57-68 3.4 Adapting to new homelands: The Central American dispersal pp 69-79 3.5 Summary pp 79-80 4. The evolution of indigenous recognition in international law (1945-2018)….......................pp 81-155 4.1 Introduction pp 81-87 5 4.2 Identities of recognition: Building a normative understanding of indigeneity within international law pp 87-98 4.3 Instruments of recognition: ILO 169 (1989) and the UNDRIP (2007) pp 98-123 4.4 Spaces of recognition: The role of the Inter American Commission and Inter American Court of Human Rights pp 123-137 4.5 Contestations of recognition: Garifuna recognition in Central America pp 137-154 4.6 Summary pp 154-155 5. Belize: History of a contested land………………pp 156-239 5.1 Introduction pp 156-160 5.2 Establishing a British settlement in the Bay of Honduras (1638-1837) pp 161-180 5.2.1 A British settlement within Spanish Papal sovereignty 5.2.2 Peoples of the Toledo district in the pre-colonial period: Identifying ‘the others’ 5.3 Establishing a British colony (1837-1930) pp 180-207 5.3.1 Facilitating British sovereignty: External and internal developments 5.3.2 Peoples of the Toledo district in the colonial period: ‘Integrating’ the others 5.4 Establishing an independent country (1930-2016) pp 207-237 5.4.1 The decolonisation of British Honduras/Belize 5.4.2 Peoples of the Toledo district in the post-colonial era: ‘Empowering’ the others 6 5.5 Summary pp 237-239 6. Garifuna identity in Belize’s Toledo district……pp 240-326 6.1 Introduction pp 240 6.2 Positioning the Garifuna as indigenous to Belize’s Toledo district pp 241-271 6.2.1 Priority in time, with respect to the occupation and use of a specific territory 6.2.2 The voluntary perpetuation of cultural distinctness 6.2.3 Self-identification, as well as recognition by other groups or by State authorities, as a distinct collective 6.2.4 An experience of subjugation, marginalisation, dispossession, exclusion or discrimination, whether or not these conditions persist 6.3 Investigating Garifuna ability to receive tangible indigenous recognition and benefit from land/resource rights pp 271-299 6.3.1 Inhibitors to recognition: Garifuna de-indigenization 6.3.2 Inhibitors to recognition: Issues in mobilisation and representation 6.3.3 Inhibitors to recognition: The contested land of Toledo 6.4 Summarising Garifuna identity in Belize’s Toledo district pp 299-322 6.4.1 Garifuna identity: Conforming to indigenous legal norms on multiple levels in Belize’s Toledo district 6.4.2 Garifuna identity: The struggle for tangible indigenous recognition, and to benefit from land and resource rights in the post-colonial State of Belize 7 6.5 Aftermath: Developments in Toledo post 2016 (2016-2018) pp 322-326 7. Conclusion pp 327-335 List of Appendices Appendix A1: Field aids Appendix A2: Thematic analysis sample Appendix A3: UREC form Appendix A4: NICH permit Appendix A5: Consent form Appendix A6: P.I.S Appendix A7: Map of Carib settlement List of Figures Figure A1: Map of STNP Figure B1: Map of the Toledo district Figure C1: Map of Caribbean Sea and its islands Figure C2: Map of the Viceroyalty of New Spain and provinces Figure D1: Physical map of Belize Figure D2: Map showing Carib settlement at Punta Gorda, 1837 8 Figure D3: Amendments to UNGA resolutions regarding Belizean independence (1975-1979) Figure D4: Amendments to UNGA Res. A/RES/35/20 (1980) Figure E1: Photographs of Barangu and Peini monuments Figure E2: Excerpt on Barranco lineage Figure E3: Excerpts on management of Saint Vincent Block Figure E4: Saint Vincent block collage Figure E5: Excerpts on the continued confusion surrounding the Saint Vincent block Figure E6: Excerpt on Garifuna settlement in Southern Belize Figure E7: Excerpt on Barranco historical precedence over Midway Figure E8: Excerpt on Barranco historical precedence over Maya villages Figure E9: Excerpt on Garifuna relationship with land and sea Figure E10: Excerpt on Garifuna sustainability Figure E11: Barranco farmers at work Figure E12: Baking cassava bread and Hudut Figure E13: Excerpt on spirituality Figure E14: Barranco temple Figure E15: Barranco residents drumming and dancing Figure E16: Excerpt regarding kinship across Central America Figure E17: Excerpt regarding customary sea travel 9 Figure E18: Excerpt regarding nation across/without borders Figure E19: Excerpt regarding colonial rent impositions Figure E20: Excerpt regarding perceived