Spring 2013, Volume 14

Letter from the Editor Journal of Undergraduate International Studies

Dear Reader,

I am pleased to present the Spring 2013 issue of the Journal of Undergraduate International Studies. This semester we celebrated our 10th year at the University of Wisconsin-Madison, and reflected on how much the journal has changed and grown since it was founded by David Coddon in 2003. The number of submissions we receive each semester has more than doubled in the past few years, enabling us to showcase some of the best undergraduate work from universities across the world.

This spring we launched our blog, A Global Perspective, to complement our print edition and provide greater and more diverse publication opportunities for undergraduates. We hope this will be the beginning of an exciting phase of exploring new ways to reach a wider audience and foster dialogue on international affairs.

I would like to thank everyone who has contributed to JUIS’s continued success – including the L&S Honors Program, the Coddon Family Foundation, and our editors, designers, authors, and readers. Where we are today has been made possible by ten years of collaboration between talented and dedicated students at UW-Madison, as well as around the world. I hope you enjoy reading this issue.

Laurel Mills Editor-in-Chief Journal of Undergraduate International Studies Journal of Undergraduate International Studies

The views expressed in JUIS are those of the authors alone, and do not express an editorial consensus. The authors are responsible for all information contained in articles. The editors do not assume responsibility for the validity of the facts expressed in the articles.

JUIS is published bi-annually and its contents are copyrighted and cannot be reproduced or re-written in any way without written permission.

The Journal of Undergraduate International Studies would like to acknowledge its founder and first editor-in-chief, David Coddon. The first two issues of this journal were published with the generous support of the University of Wisconsin-Madison Leadership Trust and continued publication is made possible through the Coddon Family Foundation. Additional support is provided by the University of Wisconsin-Madison College of Letters and Sciences Honors Program, the Office of the Vice Provost for Teaching and Learning, the Department of Politi- cal Science, the Global Studies Program, and the University of Wisconsin-Madison Library System.

The cover photograph was taken by Kylie Guiral, University of California - Santa Barbara.

Porto, Portugal. While visiting Porto, a friend and I decided to cross the river Douro and book an impromptu port tasting at one of the many distilleries that line the banks of Gaia. I was thrilled to look back and see Porto from a new perspective, so I took the opportunity to photograph the busy waterfront.

For questions, comments, or feedback write to: [email protected] http://juis.global.wisc.edu/

Spring 2013 5 Journal Staff

Journal of Undergraduate International Studies

Laurel Mills interests include literature, journalism and with her studies and through the Editor-in-Chief (!) Manchester United International Academic Program, IAP, she completed a semester abroad at Laurel Mills is a senior majoring in Political the University of Westminster. In her Science and German. This fall, she Clark Chism Domestic Outreach Coordinator spare time in Madison, she co-hosts the will attend the Johns Hopkins-Nanjing Clark is a senior majoring in Political weekly radio show El Monde E Musiv, a University Center for Chinese-American Science with a focus on international world music program, on WSUM 91.7 Studies for one year, and then hopes to relations and global security issues. His FM Madison, WI, Student Radio. Outside spend some time studying or working in other interests include American politics, of school, she enjoys practicing yoga, Germany before returning to the US for history, and Southeast Asia. After college, reading, and cooking. law school. he plans to get a graduate degree in Alexander Reed public affairs and work in government, Alexander Hoppe Managing Editor think tanks, or NGOs. In his spare time, Editor Clark enjoys biking and watching too Alex is a senior majoring in Sociology. Alex is a sophomore majoring in much Netflix. Recently returned from a year in the economics and political science. He is Nordic countries and a summer in Russia, still considering what he would like to do his senior thesis research is on the social after graduation. For now, he is excited Emilia Burns Editor psychology of fashion. After graduating to study abroad in Europe. If all goes Emmy is a junior majoring in next semester, he will begin pursuing a well, he will spend next spring in Prague, Environmental Studies and Geography. Ph.D in Sociology at the University of Copenhagen, or London. She hopes to work in environmental Pennsylvania. Miles Kellerman advocacy after serving in the Peace International Outreach Coordinator Corps upon graduation. Her other Jonathan Padway interests include hiking, baking, and Editor Miles Kellerman is a senior majoring writing. Jonathan is a senior majoring in Political in political science, with a focus on Science and History. He is focusing on international relations and comparative international relations in the twentieth institutions. He has previously worked in Sophia Jones Editor century. Jonathan plans to attend law the legislatures of the United Kingdom Sophia Jones is a junior completing her school sometime in the future. Next year and New South Wales, Australia, and undergraduate degree in Communication he will be teaching English in Rwanda will be attending Oxford University in the Arts and Art History at the University through the Peace Corps. fall to read for a Master of Philosophy of Wisconsin-Madison, where she will in International Relations. His other graduate in 2014. In 2012, in correlation

6 JUIS Journal of Undergraduate International Studies

Samantha Jorgensen and doing philanthropy work. Mai Kor Moua Editor Layout Designer Samantha is a sophomore majoring Jiwon Jun Mai Kor is a senior majoring in art with a Editor in political science with a focus in focus on graphic design. She hopes to Jiwon is a senior in International Studies international relations and global security. become a website designer or design ads and Environmental Studies with a focus Her main area of interest is Latin America, for the fashion industry. on global health and food security. especially Brazil, and is planning on She is also a L&S Honors peer advisor studying abroad there next year. She also and is currently finishing up her senior studies Portuguese and hopes to one thesis on global health approaches to day find a career where she can utilize combat malnutrition. After graduation, the language. In her free time she enjoys Jiwon plans on working in Washington, baking, reading, and attending Badger DC before attending graduate school. football games.

Grace Leppanen David Glickstein Editor Editor David is a junior majoring in Political Grace is a freshman and has not decided Science, Music Performance, and on a major. She plans to attend law Latin. Within Political Science, he has a school. particular fascination with nuclear policy, Reuben Sanon terrorism, and the Israeli-Palestinian Editor conflict. Upon graduation, he hopes to continue his studies on these topics. Reuben Sanon is a sophomore double Besides having passion for politics and majoring in Political Science with a focus international affairs, he is an advocate for in international relations and strategic classical music and frequently attends the communications in the school of symphony and other concerts. journalism. he hopes to one day work in trade policy, primarily between the United States and Brazil, hopefully gaining experience this fall, in his D.C.-based internship. Outside of class he enjoys playing tennis, performing improv comedy

Spring 2013 7 Journal of Undergraduate International Studies

8 JUIS Spring 2013, Volume 14

Table of Contents pages 10-19 1. Funding Democracy? The Effect of Remittances on Regime Type by Christopher Madsen pages 20-31 2. Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story by Timothy Merkel pages 32-42 3. Capturing the Cartonero: Art, Apparatuses, and Collectivity in Argentina by Luke Urbain pages 43-57 4. Patterns of Displacement: Colonialism’s Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru by Sandra Zuniga Guzman pages 58-71 5. Political-Military Integration and Nuclear Crises in South Asia by James Marshall pages 72-90 6. The Politics of Land Policy Formulation and Participation: The Cases of Uganda and Botswana by Emily Johnson pages 91-97 7. Voices of La Voile: The alter-sexualization of Muslim women in France by Kylie Guiral

Spring 2013 9 Funding Democracy? The Effect of Remittances on Regime Type

by Christopher Madsen urrently, more than 215 million people live outside of their countries of birth, accounting for approximately three percent of the world’s population.1 Over the past few decades, workers’ C remittances, transfers of money from foreign workers back to their country of origin, have grown exponentially and now account for some of the largest sources of capital flowing into both developed and developing countries alike. Barriers to cross-border trade and financial transactions have been significantly reduced, allowing capital to flow more freely between countries. However, the level of remittances flowing into any given country differs greatly across time and spacial dimensions. Why are certain countries more successful than others in attracting remittance flows? Much of the existing literature on this topic focuses on specific policies as undertaken by individual governments. This paper will explore a new avenue and seek to provide an answer by linking the level of remittances flowing into a country with that country’s polity score, ranging from autocratic to democratic. This paper presents a model which supports an inverse-U shaped relationship between remittances and democratization.

Flows of remittances across data is likely grossly underrepresenting separate them from other capital flows. international borders have increased the true value of these flows. Despite First, in many countries remittance from about $6 billion in the early 1970s the current global economic climate, flows are much larger in magnitude than to $50 billion in the mid-1990s, and remittances are projected to grow to both foreign direct investment (FDI) and were estimated to have exceeded $501 $615 billion by the year 2014.2 For international aid. This phenomenon has billion in 2011. Of this, nearly $372 many developing countries, remittances developed largely over the past decade billion went to developing countries, account for a significant portion of as remittances continue to accelerate in an increase of twelve percent over the the country’s GDP in a given year. For growth. Second, in comparison to other previous year. This figure only takes into example, Chami et al (2008) found flows, remittances have displayed much account measurable remittances, those that from 1995-2004 average workers’ less volatility over time. According to the that are sent and tracked through official remittances exceeded 1% of total GDP data, foreign aid, considered one of the channels. The true amount of global in sixty countries, with seven countries most stable sources of external financing, remittances is more difficult to measure having an average remittances-GDP was three times more volatile during the considering many migrants use informal ratio of over fifteen percent.3 Remittance same period of time. In a similar vein, FDI channels. As a result, the available flows have unique characteristics which and export revenues were seventeen and

Christopher Madsen. Christopher Madsen is a senior at the University of Wisconsin-Madison ma- joring in Economics and Political Science with a focus on international political economy and macroeconomic policy. Christopher also works as an Undergraduate Research Assistant in the Political Science department. He would like to thank Prof. Mark Copelovitch of the La Follette School of Public Affairs for his continued sup- port.

10 JUIS Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

seventy four times as volatile respectively equilibrium wages. This results in the flow migration’ has begun to challenge some over that period. Third, remittances of labor from high to low concentrated of the fundamental assumptions of tend to be uncorrelated with other areas. As Massey explains, assuming the neoclassical theories of migration. foreign exchange flows, often exhibiting that international migration occurs as a Expanding the number of variables countercyclical properties. For example, result of wage differentials and that their which are considered when determining remittances tend to increase if a country elimination would end the movement spatial labor supply decisions, some experiences a negative shock, such as of labor.5 The economics literature also argue that decisions to move are often an environmental disaster or economic presents a micro-level model of migration made jointly by the migrants themselves downturn. which stresses individual choice within and some group of non-migrants, with Given their sheer size and a resource allocation framework.6 the costs and returns shared being all countercyclical nature, remittances Individuals undertake a rational cost- parties involved.9 This approach shifts have been targeted by policymakers benefit analysis and base their decision the focus of migration theory from the as potential sources of economic to migrate on the expected returns, individual to the family as the basic unit development and poverty reduction. in this case wage income, of moving of analysis. Building off of this, Mincer Governments have begun turning their versus staying. “Potential migrants argues that the requirement for migration attention to attracting and facilitating estimate the costs and benefits of moving is not that all parties involved experience these flows in hopes of reaping wider to alternative international locations a positive gain, but that the family macroeconomic benefits. and migrate to where the expected unit experiences a net gain.10 Unlike discounted net returns are greatest individuals, households are better able Literature Review over some time horizon.”7 This theory to insure themselves against exposure differs slightly from the macro-level to risk through diversification of family What determines the flows of theory in several areas. One, individual labor, such as sending a family member remittances? To understand this we must human capital characteristics can make abroad to work.11 In developed countries, first consider the underpinning framework certain individuals more likely to migrate these household risks are reduced of international migration. Currently, than others. This can include language through private insurance markets and there does not exist a comprehensive proficiency, specific skills, and educational government safety nets.12 theory of international migration. Rather, attainment. Two, technologies or social Runciman (1996) presents an a series of fragmented theories have conditions which alter the relative costs explanation for migration using the been developed within several academic and benefits of migration can make concept of relative deprivation, which disciplines. Neoclassical economics international relocation more or less claims that a person derives utility presents a macro-level theory of likely. Three, the domestic conditions not only from the income they earn migration which emphasizes geographic of destination countries can influence themselves but also on how their income differences in the supply and demand for decisions to migrate. For example, if ranks relative to their peers.13 Yitzhaki labor.4 Countries with large endowments conditions in receiving countries are also finds evidence of migration occurring of labor relative to capital will tend to psychologically attractive to prospective because it can improve a person’s have lower equilibrium wages. Similarly, migrants, perceived migration costs may income relative to that of their ‘reference countries endowed with small amounts actually be negative.8 group.’14 of labor relative to capital will have high Recently, a ‘new economics of Many contemporary scholars

Spring 2013 11 Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

focus their attention on the formation assistance to another in a situation of natural disaster and to the migrant during of migrant networks and diasporas as hardship.19 He finds evidence of an periods of unemployment.24 the proximate causes and contributors increase in remittances to countries Presently, the literature exploring to migration. Massey defines migrant experiencing ‘hardship,’ measured the links between remittances and type networks as sets of interpersonal ties that loosely by the variable agricultural GDP. of governance remains a developing connect migrants, former migrants, and Studying yearly rainfall differentials in the area of study. No consensus has been non-migrants in origin and destination Philippines, Yang found that remittance reached regarding the effects remittances areas through ties of kinship, friendship, flows acted as insurance for families can have on the recipient country. and common origin.15 These networks during droughts and other economic Most generally, the types of effects increase the likelihood of migration, in shocks.20 remittances have on a government part because they lower the costs of As a stark contrast, a portion of vary depending on the existing social international movement while increasing the literature on the motivation behind and political institutions. Scholars have the expected returns. Gurak and Caces remittances views decisions to be made presented arguments stating that also argue for the important effects purely out of self-interest. Lucas and remittances both prevent and promote migrant networks can have in migration, Stark outline three selfish motivations to democratization. Focusing on countries oftentimes acting as a form of social remit in the absence of altruism including in the Middle East, Ahmed found that capital which the recent migrant can i) aspirations to inherit money from remittances deteriorate the quality of draw upon for support. As migrant parents ii) ensuring the maintenance of governance, especially in countries with networks expand and deepen, it removes physical assets held in the home country weak democratic institutions.25 In this certain pre-selecting factors, such as iii) the intent to return home at some point framework, remittances may exert a socio-economic status or educational in the future.21 Dustmann argues that resource curse-type effect, reducing the attainment, and the migrant flow the desire to accumulate wealth in the quality of governance. becomes much less selective.16 home country is an important motive for Many scholars have also argued that Theories of remittances presented remittance behavior in migrants planning remittances help to promote democracy. in the literature explain the motivations on returning to their home country after Pfutze found that the non-taxability for sending money back home as being spending several years abroad.22 of remittances reduces the electoral driven by altruism, self-interest, or some In reality, the majority of motivations support for incumbent governments, combination of both. One of the most to remit tend to lie somewhere in between making elections more competitive and obvious motives for sending remittances altruism and pure self-interest. Lucas change more likely.26 Johnston argues is pure altruism.17 The true altruism and Stark argue that pure altruism and that increasing wealth via remittances hypothesis suggests that migrants remit pure self-interest alone are not adequate coupled with labor mobility provide the to improve the welfare of their households to explain the extent of variability in poor with a credible and effective exit and family members left behind. This remittances across time and countries.23 options.27 Through this, they can exert implies that remittances are expected They present an alternative theory of pressure on the current regime and to be higher to families which are more remittance motivations based on what force policymakers to consider their economically deprived.18 Similarly, they call tempered altruism or enlightened preferences. households which have ownership of land self-interest, which views remittances or other income-generating assets are as part of an intertemporal, mutually The Empirical Puzzle expected to receive fewer remittances on beneficial contractual agreement between average. Bougha-Hagbe defines altruism migrant and home. Remittances serve What explains variations in as the willingness of someone living as mutually benefitting insurance, flowing remittance flows between countries outside the country to provide financial to the family at times of crop failure or and within a single country over time?

12 JUIS Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

Data collected thus far on remittances for their measurements of executive suggests large differences in both the Operationalization and power. XRREG refers to the extent total level of remittances as well as Methodology to which a polity has institutionalized remittances measured as a percentage procedures for transferring executive of GDP. These differences can be seen The model presented in this paper power. Three categories are used to when looking at the spatial distribution of argues that the level of remittances differentiate the extent to which transfers global remittances. In 2011 remittances follows an inverse-U shape with respect are institutionalized, and include i) were highest to South Asia as well to regime type. The prevailing regime unregulated: i.e. forceful seizures of as East Asia/Pacific, with these two type, measured by an aggregate of power ii) designational/transitional: regions accounting for almost fifty specific elements from both the Polity IV executives are chosen by political elite, five percent of total remittances sent and the Database of Political Institutions, without formal competition, iii) regulated: worldwide. Meanwhile, remittances is the model’s explanatory variable. The hereditary succession or competitive sent to the Middle East/North Africa total level of remittances, as measured elections. The other variable measured and Sub-Saharan Africa accounted by a percentage of annual GDP, is from the Polity IV data was XCONST, for just seventeen percent of the total. the response variable. Regime type is executive constraints. This refers to the Great variation in remittances also is measured using the Polity IV Project: extent of institutionalized constraints visible within specific regions. Despite Political Regime Characteristics data set, on the decision-making powers of chief sharing a border, remittances accounted for nearly seven percent of GDP for Vietnam while barely breaking half of one percent of GDP in Laos. Similar The model presented in this paper argues that discrepancies exist when analyzing the level of remittances follows an inverse-U countries on the basis of overall country shape with respect to regime type. development, as classified by the United Nations. Least developed countries (LDCs) received only five percent of total the most widely used data resource for executives. In many western countries remittance flows in 2011. Low-income studying regime change and the effects of these constraints take the form of and high-income countries received six regime authority. The Polity IV conceptual legislatures. Other potential constraints and twenty five percent of remittances theme consists of six component could include the military, an independent respectively. By far, the majority of the measures of qualities of democratic and judiciary, or councils of powerful world’s remittances were sent to middle- autocratic authority. Countries are placed advisors. A seven category scale is used income countries, which accounted for on a twenty-one point scale ranging to measure the various checks and nearly seventy percent. According to from -10 to 10. Regime categories are balances between the various parts of the prevailing literature and theory, we as follows: ‘autocracies’ (-10 to -6), the decision-making process, ranging would expect to see the largest quantity ‘anocracies’ (-5 to +5), and ‘democracies’ from a score of 1 (unlimited authority) to 7 of remittances entering countries where (+ 6 to +10). Because an inverse-U (executive parity). the perceived need for foreign capital shape model was predicted under the The Database of Political Institutions is the highest, i.e. the LDCs and low- hypothesis, both a country’s polity score (DPI) was another source of data on income countries. However, these two and polity squared score were measured. regime type. The DPI contains 125 classifications account for a significantly For the purposes of this study, two of the variables measuring different aspects of disproportionate amount of the total. six component variables were selected a country’s political system and electoral

Spring 2013 13 Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

rules. Of specific interest for the purpose side of the puzzle. The two countries Many have strict immigration laws which of this paper was the CHECKS variable, selected for case study were Serbia and prevent citizens from migrating across a measure of the level of checks and Belarus, countries which are very similar international borders and leaving the balances on executive authority. on a number of dimensions including country. In addition, mobility within a The aforementioned data will cover per capita GDP, population size, and country is significantly reduced either as the quantitative aspects of this paper, geographical location. However, the two a direct policy of the state or as a natural including a least squares statistical countries differ greatly on polity scores, outcome of society. The extreme example analysis and non-linear regression. making them ideal candidates for this of this is North Korea which not only Since the data used in this paper covers paper. The case studies will explore prohibits its citizens from freely leaving serial data within a country over time, the proposed relationship between the country but also has strict restrictions autocorrelation of the error term is of remittances and regime type, both across on travel within its borders. These exists primary concern. To account for this, the two countries and within Serbia over a natural linear relationship between the country data were clustered. A number time. number of citizens working abroad and of control variables were included in The first country group to consider the level of remittances sent back into a the regression model to account for is those with the lowest polity scores, country. For these countries, the simple country-specific factors which might those found in the -10 to –6 range. fact that they have virtually zero citizens potentially influence the independent Some of the countries within this working abroad can help explain the low variables. Variances in GDP (ldremgdp) category include Cuba (-7), Belarus level of remittances. were accounted for. Additionally, (-7), North Korea (-9), and Iran (-7). Second, many of these countries country-specific exchange rate regime While spanning all geographic regions lack strong educational systems and was adjusted for, which accounted for of the world, these low polity score job opportunities outside of agriculture countries using fixed or floating regimes. countries all share several key factors and light manufacturing. As a result, the The measure of this variable (lrr5new) regarding the level of democracy and workforce remains relatively uneducated is based off of Reinhart and Rogoff’s strength of democratic institutions, and unskilled. Labor mobility, the exchange rate regime classification. as outlined by the Polity IV score geographical movement of workers, is Lastly, a variable measuring a country’s factor criteria. Each of these positively correlated with educational openness to international capital is countries is effectively ruled by a attainment. Education increases mobility accounted for using the Chinn-Ito powerful executive branch facing because better educated people are Financial Openness Index (KAOPEN). virtually no checks to their power. able to collect and process information, This index measures the intensity of Their respective rulers have been in reducing both search and transaction capital controls, insofar as the intensity power for years and many appear costs associated with migration. If a is correlated with the existence of other not to be leaving anytime within country’s population is poorly educated, it restrictions on international transactions.28 the near future. Countries in this will hurt their ability to attract wages and Including this variable accounts for score range are, on average, poorer jobs from overseas outside of agricultural deviations in openness to international and less developed than countries work and other low-skill positions. Many capital flows, which could cause receiving higher polity scores. Several people would opt to hold these types of differentiation between countries in terms key factors explain the low amount jobs within their home countries where of the inflow of remittances. of remittances flowing into these they can be close to their families and In addition to a quantitative countries. existing social networks. If wages are analysis, case studies of two countries First, there is very little migration approximately equal for low-skilled are included to explore the qualitative both in and out of these countries. workers, there would be little reason

14 JUIS Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

for an individual to migrate if there are of remittances into country but also borders from abroad. These countries opportunities within their home country. A what remitted money goes towards. are not fully democratic, but they are poorly educated workforce can also help Financial development can help reduce neither fully autocratic. Compared to explain the low level of outward migration, the costs of sending money back to a countries at the lowest extreme of and as a result remittance flows, into country. If migrants face high costs to the polity score, these middle scoring these countries. remitting they are less likely to remit and countries have undergone a certain Third, many autocratic countries even less likely to utilize formal banking level of democratization. Along with this lack strong institutions, both political channels. The banking and financial has been development of institutions, and financial, which inhibit the flow of sectors of low-polity scoring countries political and financial, which allow them to remittances back into their borders. tend to be severely underdeveloped and attract and channel significant amounts Politically, these countries generally in many cases nonexistent. As a result, of remittances. In total, these countries lack strong and effective laws regarding migrants working abroad are forced to send the most migrants abroad to work private property rights for the individual. utilize money transfer operators (MTOs) in foreign countries for several reasons. This definition of private property can be such as Western Union or MoneyGram. First, these countries are generally more extended to cover physical property, such Oftentimes the sole player in these money open to international migration, sending as real estate, land holdings, and homes. transfer markets, these MTOs can charge workers across borders to work. The Also included is tangible property such high fees to migrants using their services limits to leaving the country are much as cars and clothing and non-tangible to send money home. If countries had less a barrier to migration, meaning assets such as financial instruments and more fully functioning banking systems, individuals can leave and re-enter the intellectual property. Protection of an branches offering money transfer country with relative ease compared to individual’s property rights is a hallmark services could be opened in neighboring autocratic countries. Because of these of democratic countries; in the United countries which would greatly reduce liberal attitudes regarding migration States the principal limitations on the the costs of sending money home and many households view sending a family extent to which the state can interfere increase the level of remittances. Poorly abroad as a viable way to earn money. with property rights is enshrined in the functioning financial systems also shape Second, while these countries have Constitution. If migrants working abroad how remittances entering a country are achieved a certain level of development fear that any money sent home will be allocated. If financial assets or standard they are, on average, less developed subject to seizure by the government, savings accounts are not available than many of the OECD countries. they will readdress their decisions to send options, families receiving remittances will Employment opportunities, especially for money back home. As outlined in the hold them primarily in the form of cash highly-educated workers, may not be previous section, one of the proximate and tangible assets. Very little money abundantly available in these countries’ determinants of remittance behavior is will be entering the country seeking out economies. Additionally, periodic political to secure assets for the migrant’s family financial assets and investment. and economic instability may be push or the migrant themselves. This includes The next set of countries to consider factors for highly skilled and educated things such as homes, land, and farm are those with polity scores in the middle citizens. A common result of this is animals. A migrant will not likely send range of the spectrum (-5 to +5). This known as brain drain, the large-scale money back to invest in the purchase a is a broad categorization and includes emigration of a large group of individuals home if their home can be taken from a wide range of countries, from Tunisia with technical skills or knowledge. These them. (-4) to Thailand (+4). Following the highly mobile workers will oftentimes seek The development of financial model presented in this paper, these employment in more developed countries, institutions also plays an important countries are estimated to have the where the opportunities to earn high role in determining not only the level highest level of remittances entering their returns on their educational investments

Spring 2013 15 Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

are more available. Once abroad, many net migration, countries with high polity of GDP (Y-axis) over different polity scores migrants retain connections to their family scores are among the world’s premier (X-axis). A clear inverse-U relationship in their home country and this becomes migrant destinations because of their free can be seen between the two at the 95% an important source of remittances.29 and open societies. Total migration is confidence interval. Remittances into these middle-polity generally in surplus into these countries, scoring countries go to both insurance as many seek to enter and relatively and investment purposes. Financial few leave on an annual basis. What this infrastructure is generally more developed means is that there are few citizens from than full-fledged autocracies, meaning these countries leaving to move abroad, there are financial products such as and when they do it is very unlikely they savings accounts, bonds, and in some will send remittance money back to their cases stocks for migrants to channel family. Second, many of these countries their money towards. Additionally, in have fully functioning private insurance many countries property rights are more markets and strong government safety protected. This encourages migrants to nets to take care of citizens in need. send money home towards the purchase This reduces the need for remittance of homes and land. However, these money, at least in the form of insurance. countries are not fully protected against Instead, money that is remitted back into risk and adverse shocks. In many fully these countries primarily goes towards democratic countries there are private investment purposes. The widespread insurance markets and developed availability of banking and financial government social safety nets to help markets allows migrants many options in protect citizens. Developing countries which to place their money. Property rules typically lack effective or substantial and the credible rule of law mean that safety nets for their citizens. As a result, once made, these investments will be remittances can also serve as a form guaranteed safe from state intervention. of insurance for households, protecting Overall, high polity-scoring countries them from economic downturns and have a greater sense of stability, a key natural disasters.30 factor which is taken into account when Finally, we must consider those considering investment over a medium countries which score the highest on to long time horizon. Third, in terms of the polity scale (+6 to +10). This set sheer economic size, countries within this of countries is considered to be the grouping typically have large and complex most robust democracies, and include economies open to international trade much of Western Europe, the United and capital markets. As a percentage of States, Australia, and Canada among total GDP, remittances remain relatively many others. Per the model presented insignificant in these countries when in this paper, we would expect to see compared to other sources of capital fewer remittances to these countries flows. in comparison to the aforementioned The following graph depicts the middle-scoring countries, a result of relationship found between predicted several key factors. First, in terms of changes in remittances as a percentage

16 JUIS Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

Case Studies Belarus attained its independence Current estimates place the total from the former Soviet Union in 1991, number of Belarusian migrants living yet has retained the closest ties with outside of the country between 2.5 and In addition to the quantitative Russia than any other former republic. 3.5 million.31 The overwhelming majority analysis presented above, a case study of The country remains heavily dependent of these individuals and families live in two countries will illustrate the proposed on Russia for both trade and energy; Russia, followed by Ukraine, and Poland relationship between remittances and Russia is its primary trade partner as (see Figure 5). Unemployment rates have democracy. The two countries selected well as primary energy provider. Current remained remarkably low in the country, for this paper are Serbia and Belarus. President Alexander Lushashenko was which has led to a decrease in the level of They were selected because they exhibit elected in 1994 in what many considered emigration. many of the same characteristics-except a free and fair election. Since then, he for polity score. Both countries are has consolidated his power through Eastern European countries with almost the removal of term limits. Additionally, identical populations and GDP per capita he has greatly expanded the power of (see Figures 2 & 3). However, the past the executive branch, removing political two decades have seen each country barriers and obstacles as well as head in a different political direction, as opposition parties (see Figure 4). Belarus has gravitated closer to Russia and Serbia has moved towards Western Figure 5. Belarus diaspora abroad, data Europe and the European Union. taken from IMO

Once abroad, the majority of workers are employed in either construction of agricultural work. Additionally, the majority of migrants are young, single, males. Remittances into the country have been steadily decreasing since the mid-1990s and have remained at less Figure 4. Polity Score Belarus. Data taken than two percent of total GDP for the Figure 2. GDP per capita, Belarus and from Polity IV project past decade.32 According to the model Serbia presented, Belarus fits into the lower end In 2006, he won an unprecedented of the polity score (-7 in 2011) and would third term, taking over 80% of the total be predicted to have significantly lower votes cast. By comparison, his next levels of remittances. A nascent banking closest opponent received only 3%. system presents serious obstacles to Approximately 80% of the country’s remitting money into the country without industries remain in the state’s control, facing high transaction fees. as well as 75% of the banking sector. By contrast, Serbia illustrates an Despite political objection, Lushashenko example of a country moving from has continued to run the country’s autocracy to democracy. The country is Figure 3. Total Population, Belarus and economy in the Soviet-style model. a parliamentary republic with a multiparty Serbia

Spring 2013 17 Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

system, and its current constitution was remittances accounted for close to 9% of topic. adopted in 2006. The past several years the country’s total GDP. In comparison to Perhaps the most significant has seen Serbia move towards becoming Belarus, Serbia has consistently scored implications from this paper are regarding a more robust democracy. The primary high on the polity score for much of the specific policies which governments can driver of these reforms has been its desire 2000s (see Figure 7). undertake in order to increase the level to join the European Union. In 2009 the of remittances they receive. High costs country applied for EU membership. remain a significant barrier to remittances Since then, many political and economic worldwide. Countries should seek to reforms have been undertaken in order provide low-cost services for migrants to meet the EU’s Stabilization and to send their money home. Stability Association Agreement criteria. Currently, and the enforceable property rights are Serbia is in a free trade deal with the key if countries wish to have migrants European Union which serves as one of send money home. Individuals must be the country’s primary trading partners. assured that what they own will not be The EU is a primary destination for seized or interfered with by the state. Serbian migrants. The Germany-Serbia Figure 7. Polity Score Serbia. Data taken Countries should move towards securing migration corridor plays a vital role in from Polity IV project property rights, of all kind, in order to transferring migrants, goods, and capital better attract remittance flows. between the two countries. Germany As the country moves closer to As stated in the introduction, the is by far the largest source country, but integration within the European Union, literature and field of study on this significant numbers of Serbian migrants we would expect to see a continuation topic are still in the early stages of live in Austria and Switzerland as well (see of its move towards democracy, as well development, and much research is Figure 6). as a continuation in the high level of expected to come in the future. On the remittances into the country. whole, the literature on remittances is still a rapidly developing field with plenty Implications and of areas for further research. Future Conclusion projections of global remittance flows show no signs of slowing in the future. This paper has sought to address As more and more governments begin a critical question regarding remittances to recognize their strategic value, we and democracy. While the model can expect to see more research done presented provides a clear relationship, on the positive and negative effects of there still exists much room for further remittances, as well as their implications research. One of the primary obstacles on regime type and democratization. Figure 6. Serbia diaspora abroad, data faced with this study was the relatively taken from IMO small number of countries scoring in the Endnotes middle section of the polity range (-5 to 1. World Bank Migration and Remittances Serbian migrants abroad hold a +5). However, this does lend support to Factbook 2011. wide variety of jobs and many living in a more linear-type relationship between 2. World Bank Development Indicators 2012. Western Europe choose to remit money democracy and remittances, although 3. Ralph Chami et al. "Macroeconomic back to their home country. In 2011, further research could be done on the Consequences of Remittances." IMF

18 JUIS Funding Democracy? The Effect of Remittances on Regime Type / Christopher Madsen

Occasional Paper 259 (2008), p. 23-24. Ahmed, Faisal. “Remittances Foster Government 24-26. Corruption.” University of Chicago (2010). 19. Jacques Bouhga-Hagbe. “Altruism and 4. Arthur Lewis. “Economic Development Workers’ Remittances: Evidence from Borjas, George. “The Economics of Immigration.” with Unlimited Supplies of Labour.” Selected Countries in the Middle East and Journal of Economic Literature. 32.4 The Manchester School 22.2 (1954), Central Asia.” IMF Working Paper 130 (1994). p. 12. (2006), p. 17. Borsch-Supan, Axel. “The Role of Education: 5. Douglas Massey. “Theories of 20. Dean Yang et al. “Are Remittances Insurance? Mobility Increasing or Mobility Impeding?” International Migration: A Review Evidence from Rainfall Shocks in the NBER Working Paper Series No. 2329 and Appraisal.” Population and Philippines.” The World Bank Economic (1987). Development Review 19.3 (1993), p. Review 21.2 (2005), p. 43-44. Bouhga-Hagbe, Jacques. “Altruism and Workers’ 440-442. 21. Arthur Lewis. “Economic Development Remittances: Evidence from Selected 6. Larry Sjaastad. “The Costs and Returns with Unlimited Supplies of Labour.” The Countries in the Middle East and Central of Human Migration.” Journal of Manchester School 22.2 (1954), p. 401. Asia.” IMF Working Paper 130 (2006). Political Economy 70.5 (1962), p. 22. Christian Dustmann. “The Optimal Migration Chami, Ralph et al. “Macroeconomic 84-85. Duration and Activity Choice after Consequences of Remittances.” IMF 7. George Borjas. “The Economics of Re-migration.” Journal of Development Occasional Paper 259 (2008). Immigration.” Journal of Economic Economics 67.2 (2002), p. 11-12. Dustmann, Christian. “The Optimal Migration Literature 32.4 (1994), p. 1181- 23. Stark, New Economics of Labor Migration, Duration and Activity Choice after 1183. p. 65. Re-migration.” Journal of Development 8. Massey, Theories of International Economics 67.2 (2002). 24. Andres Solimano. “Remittances by Emigrants: Migration, p. 450. Issues and Evidence.” Economic Escriba-Fulch, Abel. “Remittances and 9. Oded Stark et al. “The New Economics Development Division, Santiago, Chile Democratization.” (2012). of Labor Migration.” Department of (2003), p. 9. Gurak, D.T. and F. Caces. “Migration Networks Economics and Population Sciences, 25. Faisal Ahmed et al. “Remittances Deteriorate and the Shaping of Migration Systems.” Harvard University (1985), p.65. Governance.” Review of Economics and International Migration Systems: A Global 10. Jacob Mincer. “Schooling, Experience, Statistics 94.3 (2012), p. 30. Approach (1992). and Earnings.” National Bureau of 26. Tobias Pfutze. “Do Remittances Promote Johnston, Trevor. “Voice After Exit? Remittances Economic Research (1974), p.90-92. Democratization? How International and Migration Across Authoritarian 11. Edward Taylor. “The New Economics Migration Helps to Overcome Political Regimes.” UM Comparative Politics of Labour Migration and the Role Clientelism.” NYU Department of Workshop, Jan. 2011. of Remittances in the Migration Economics (2007), p. 22. Lewis, Arthur. “Economic Development with Process.” International Migration 37.1 27. Trevor Johnston. “Voice After Exit? Unlimited Supplies of Labour.” The (1999), p. 70-72. Remittances and Migration Across Manchester School 22.2 (1954). 12. Massey, Theories of International Migration, Authoritarian Regimes.” UM Comparative Lillard, Lee and R. Willis. “Motives for p. 439. Politics Workshop, Jan. 2011. Intergenerational Transfers: Evidence from 13. W. Runciman. “Relative Deprivation and Social 28. Menzie Chinn and Hiro Ito. "A New Measure Malaysia.” Demography. 34.1 (1997). Justice.” London: Routledge and Kegan of Financial Openness". Journal of Massey, Douglas. “Theories of International Paul (1996), p. 68-69. Comparative Policy Analysis,10.3 (2008), Migration: A Review and Appraisal.” p. 309 – 322. 14. Shlomo Yitzhaki. “Labour Migration as a Population and Development Review. Response to Relative Deprivation.” MPRA 29. Andrew Issac Meso. “Brain drain: poor 19.3 (1993). Paper No. 21670 (1988), p. 24. countries lose most and benefit least.” Mincer, Jacob. “Schooling, Experience, and Nature 28.3 (2007), p. 447. 15. Massey, Theories of International Migration, Earnings.” National Bureau of Economic p. 440. 30. Ralph Chami et al. Macroeconomic Research (1974). Consequences of Remittances, p. 22. 16. D. T. Gurak, D.T. and F. Caces. “Migration Networks and the Shaping of Migration 31. Interntional Organization for Migration Facts Systems.” International Migration Systems: and Figures (2012) A Global Approach (1992), p.162. 32. IOM Facts and Figures (2012) 17. W. E. Whitelaw and G.E. Johnson. “Urban- Rural Income Transfers in Kenya: An Estimated-Remittances Function.” (1974), Bibliography p.4. 18. Leah Karin VanWey. “Altruistic and Contractual Ahmed, Faisal et al. “Remittances Deteriorate Remittances Between Male and Female Governance.” Review of Economics and Migrants and Households in Rural Statistics 94.3 (2012). Thailand.” Demography 41.4 (2004), p.

Spring 2013 19 Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story

by Timothy Merkel

an cycling be a viable means of urban transportation? It certainly is in the Netherlands, where over the past half-century it has become entrenched as the most common mode choice C for short trips. This paper analyzes the extent of the Dutch cycling phenomenon, and how it has come about. Although Dutch cycling success has been helped by some fortuitous characteristics of physical geography, I contend that it is mostly the long-term practice of national and municipal governments instituting thoughtful and innovative transport designs and policies favoring bicycles that have given the bicycle its dominant place on Dutch roads over territorial autonomy. Cycling in the any Dutch city by a foreigner unused nowhere. Many factors have worked Netherlands: An to such a proliferation of bicycles. together in tandem to create and Unmatched Phenomenon Directly neighboring Centraal Station in maintain a cycling environment that downtown Amsterdam, the visitor sees is accessible for everyone all the time. The Dutch take 27 percent a massive multi-level parking garage Of these various factors, this paper shall of all their transportation journeys solely dedicated to bicycles, having argue that the most significant have of any length by bicycle: sixteen space for several thousands; across the been the making of a transportation billion kilometers a year cycled by a street, the mass of cyclists seen waiting network and legal framework that country of seventeen million.1 This is at one red signal just outside the station prioritizes bicycles over automobiles, a higher rate than any other country might exceed the number seen all day and a resultant culture into which with available statistics. The average in an American city of comparable size. cycling is naturally integrated. Some Dutch person will cycle 2.5 kilometers Indeed, one 1998 multinational study aspects of physical geography which every day, compared with 0.1 km for of safety practices among cyclists was, play a role in making cycling more the average American.2 There are 1.1 when evaluating Amsterdam, compelled common in the Netherlands will also bicycles per capita in the Netherlands, to study relatively low-volume side be discussed; however, this paper shall making it the only country recorded streets in order to reliably count and contend that these are not as essential to contain more bicycles than people.3 record data on all the cyclists they saw.4 to the Dutch cycling success story as Even these introductory statistics, These numbers and images are is popularly believed. First, however, to unimaginably high as they might seem impressive, even enviable, considering help provide a more detailed picture of to someone who has never visited the environmental and public health the state of cycling in the Netherlands, the Netherlands, fail to convey the benefits cycling is said to have5 – some additional statistics will be sheer visceral impact of a day spent in and they have not come from out of recounted.

Timothy Merkel. Timothy Merkel is a first-year student at University College Utrecht in the Neth- erlands, where he majors in philosophy and earth science.

Spring 2013 20 Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

trips taken per day in the Netherlands density: around 25 percent of trips Cycling for Everyone: A varies only somewhat, from 1.2 among are made by bicycle in areas of lowest Statistical Overview the lowest brackets to 0.8 among the density, rising to 26 percent in medium highest.10 density areas, and falling to 24 percent It is important to realize that among The most noticeable demographic in areas of the highest urbanization.14 the Dutch, cycling is not confined to a segment of Dutch society which cycles Bicycle use is fairly evenly distributed single class or demographic group. In less than the national average is the across all provinces; the most other countries, a stereotypical cyclist immigrant community. The average Turk significant exception is the southern is often a young, fit male commuting or Moroccan in the Netherlands, aged province of Limburg, which is the to work in spandex, or an adherent 20-65, makes only 8 percent and 11 country's only particularly hilly province; of a vaguely alternative lifestyle, or a percent, respectively, of their daily trips there, cycling rates can reach as low as person passionate about the outdoors by bicycle, compared to 26 percent for 14 percent.15 6 or sporting. None of these stereotypes a person of Dutch ancestry. Figures are Bicycles are most commonly used hold in the Netherlands; cycling is slightly higher for communities more in the Netherlands for short trips, up done by women and men, children and influenced by Dutch culture, such as to around five kilometers, although for adults, old and young, rich and poor. Surinamese and Antilleans, but remain the shortest trips, up to one kilometer, The statistics related in this section well below the native Dutch at 13 walking is more prevalent. Among provide a glimpse of the remarkably low percent and 15 percent respectively.11 persons older than 12, 43.4 percent level of demographic variation among In addition, households with children of all trips from 1 to 2.5 kilometers Dutch cyclists; high rates of cycling are more likely to choose automobiles in length are made by bicycle, and frequency, especially in comparison than any other source of transport;12 33.3 percent of those from 2.5 to 5 to other countries, are found in nearly the visitor to the Netherlands, however, kilometers.16 Above this level, trips by every studied group and area. will see no shortage of young parents automobile and public transportation There is a far higher rate of elderly cycling to a grocery store with a child, quickly displace bicycle usage, but people cycling in the Netherlands than or even two or three, loaded into seats, even then, a robust 7.7 percent of all in comparable countries, although, as baskets, barrows, or trailers attached to trips from 15 to 20 kilometers in length everywhere, youth do tend to cycle their bicycle. are made by bicycle17 – in contrast, more than the elderly. Dutch people Locational variance in Dutch cycling Americans will use an automobile older than 65 make 24 percent of frequency is extant, but the least cycled for 66 percent of trips up to a mile all trips by bicycle, compared to 0.4 areas still show significantly higher in distance and 89 percent of trips 7 percent in the United States. 49 cycling rates than nearly any other between one and two miles long.18 percent of schoolchildren cycle to Western country. Rotterdam, which has Also, in the Netherlands, bicycles are school, while only 14 percent are the lowest cycling rate among major frequently used for trips of any motive; 7 brought by car. There is a generally Dutch cities, has a cycling rate of 16 the percentages range from 11 percent even gender distribution among cyclists percent, comparable to Cambridge, of all business trips to 50 percent of in the Netherlands, while in other the British city with the highest cycling all journeys taken in connection with countries cycling is usually dominated rate, and more than four times higher education, and include 28 percent of by males. 55 percent of Dutch bike than Portland, the equivalently ranked all shopping trips and 25 percent of trips are made by women, compared city in the United States of America.13 all commutes;19 in the United States, 9 to 25 percent in the United States. No significant variation in bicycle use on the other hand, over two-thirds of Across income classes, the number of is noted with respect to population bicycle trips are taken for the purpose

21 JUIS Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

of recreation.20 a significant body of research about of transportation networks, and shall One of the most telling statistics, cycling specifically pertaining to the be explicated in more detail in later however, pertains to cycling safety. Netherlands; because of the high sections. Injury and death rates among Dutch volume of cycling and relative ease However, there is a more cyclists are the lowest in Europe. of gathering data, researchers have complicated “push and pull” dynamic Although 40 percent of all traffic often begun with the Netherlands between bicycle and automobile use, accidents involve cyclists, only 1.4 when studying what makes people often found in transportation research, cyclists are injured per every 10 million more or less likely to cycle under which appears to strongly influence kilometers cycled, and only 1.1 are various conditions and in various cycling rates.31 To use a certain means killed per every 100 million kilometers circumstances.25 This section will of transport, it is necessary first for that cycled.21 In contrast, the corresponding briefly summarize some of this cycling particular means to be available to a American statistics are 37.5 cyclists research with an aim to provide a basic person, and second for that person to injured and 5.8 killed.22 Researchers grasp of the factors tending to cause choose it over all alternative means for adamantly deny that this immense frequent bicycle usage; subsequent a certain trip. For a bicycle to be used, disparity can be attributed in any way to sections of this paper will correlate then, for such purposes as commuting, more prevalent use of safety equipment. these factors to those present in the shopping, going to school, and so on, Fewer than 1 percent of Dutch adult Netherlands. it must be considered more attractive cyclists and only 3-5 percent of children The various factors directly to a potential bicyclist than driving, wear helmets while cycling.23 On the affecting rates of bicycle usage appear walking, or taking public transport. contrary, Dutch policy-makers fear that to coalesce around two central reasons: The alternative choice which shall be requiring helmets in any way would whether it is safe for a person to cycle, focused on throughout this paper will serve to discourage bicycle usage. and whether it is an efficient means be driving, as public transit and walking This high level of safety for cyclists on of transportation for that person at are not often considered mode choices Dutch roads is very significant, and that time. These results are found that have negative effects on cycling its relevance will be returned to in both in responses to questionnaires26 rates;32 in fact, cycling and public subsequent sections. and in measuring bicycle traffic in transit are increasingly integrated in various areas with differing levels of the Netherlands as a single alternative Theory: Safety, cycling safety and efficiency.27 Danger choice to driving, a phenomenon which Efficiency, and Modal is frequently the most cited reason shall be considered in due course. Choice among non-cyclists for why they do The concept of the choice to use not cycle,28 and direct inverse statistical a bicycle to get someplace, then, can Why do the Dutch cycle so relations can be observed between be expanded, and seen as the choice much? Though this paper only aims at rates of cycling frequency and cyclist to use a bicycle instead of a car to get recounting why cycling has become a mortality rates.29 Efficiency is a little someplace: decreasing the rate of one highly used mode of transportation in harder to quantify directly, but as an mode choice will cause a corresponding the Netherlands, it should be noted that example, many experienced cyclists increase in the rate of the other, as the factors that have led to this high cite speed of a journey as the most well as the other way around, all other usage in the Netherlands also show important factor to them for the sorts of things being equal.33 To encourage up generally as contributing factors to trips they take.30 These factors of safety bicycle use, it is not merely sufficient to high cycling frequency in other areas and efficiency are mostly influenced make policies and design transportation that are studied.24 There is, however, by policy decisions and by the design networks which are safe and efficient

Spring 2013 22 Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

residential zones, of which there are more than 6000 in the Netherlands, The dual approach of encouraging cycling restrict automobile speeds even more and discouraging driving has been a key drastically to no greater than walking 37 part of Dutch transportation-network speed. planning and policy-making efforts. Many other policies reflect the significance of the special place the cyclist is given on the Dutch road. for cyclists; it is also necessary to can thus be hard to gather exact data In incidents and collisions between hobble the competition somewhat, and relating to any one particular factor in cyclists and motorists, the motorist make people less likely to use their isolation.36 With that in mind, this paper is almost always presumed to be at cars.34 This paper will recount several shall not attempt to exhaustively review fault; motorists are expected to be ways in which the amount of cars on every possible contributing factor to able to predict and avoid unsafe and Dutch roads are controlled. Dutch cycling success. In keeping with illegal maneuvers made by cyclists and In addition to this direct modal the stated centrality of high safety and pedestrians, especially if those cyclists competition, there is an additional efficiency for bicycle use, however, it and pedestrians are children or elderly. feedback effect when the balance of shall identify elements of that success Even if the motorist is not found to be vehicles using a road shifts towards closely related to those themes, such at fault, their insurance company will bicycles: in general, the more crowded as various traffic and accident liability automatically pay the damages of the a road is with automobiles, the less laws, city design for high-density, accident, unless the cyclist can be safe a cyclist will feel, and the more mixed-use neighborhoods, and various proven to have deliberately caused the likely it is that a bicyclist might have an modifications of conventional transport accident. Violations of zebra crossings accident with a motorist.35 Thus, the grids which both benefit bicycles and and red signals are more stringently safety, comfort and attractiveness of inconvenience automobiles. enforced than in the United States, a transportation network for cyclists leading to increased awareness of can be improved by increasing Laws and Policies: On pedestrians and fewer attempts to the percentage of road traffic that the Cyclists' Side make yellows at high speed. And unlike is bicycles. Consequently, an ever in the United States, motorists are not increasing number of people will choose Dutch traffic laws are carefully permitted to turn right on a red signal, cycling as a means of transportation. written and enforced in a manner which keeping cyclists traveling through the The dual approach of encouraging advances the safety of bicyclists. In intersection safer; even during a green, cycling and discouraging driving contrast to many other countries, motor cars are required to yield to cyclists has been a key part of Dutch vehicle speeds are strictly regulated, going straight.38 These policies both transportation-network planning and violations can be heavily penalized. increase cyclist safety and decrease and policy-making efforts. It can be In residential neighborhoods, speeds motor vehicle efficiency, fitting the “push difficult to quantify, however, what are typically capped at 30 kilometers and pull” model for both central factors effect each particular modification an hour (19 mph), and cities typically described above. or accommodation of the Dutch have a limit of 50 kilometers an hour Dutch policies also serve to transportation grid has actually had; (31 mph) – speeds which would no ensure that driving is as expensive an in many cases, several modifications doubt frustrate an American driver to no alternative as possible to the inherently were introduced simultaneously, and it end. Special “woonerf” (“home area”) cheap choice of cycling. Learning to

23 JUIS Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

drive is a long and costly procedure automobile parking, and often marked Travel is made yet more efficient in the Netherlands; in this process, with colored pavement to emphasize and safe for cyclists by management student drivers learn how to predict the distinction of that space from that of intersections, an area particularly unsafe actions by pedestrians and in which cars travel. Often, the cycle dangerous for cyclists.43 Some cyclists, and are prescribed a method path will be physically separated from innovations in this area are as simple of driving characterized by caution and the main road by some kind of median as giving a bike path a jog to the awareness of the fact that a cyclist is or barrier. Other times the connection of right before it crosses an intersection, always less protected than a motorist. two locations will be along completely allowing right-turning traffic a little Learning to drive is generally done different carriageways for bicycles extra time and space to spot and at an older age than in the United and automobiles, with the bike trail avoid cyclists in the intersection. More States and is not seen as the same sort of rite of passage as it is among American youth.39 Additional expenses Policies provide a legal framework and are brought onto automobile users recognition for the bicycle's place in a transit with high parking costs, exorbitant system; the physical space is provided parking fines, heavy fuel taxes, and by appropriate cycling facilities. mandated expensive auto insurance. It is estimated the cost of auto use can be double in Europe what it is in usually being straighter and more sophisticated measures involve timing the United States;40 these economic direct. These practices, of course, are intersections to provide green lights pressures serve as an additional factor common in most areas which attempt to cyclists traveling at a consistent in keeping cars off of Dutch roads, bicycle friendly transportation design; (though not unreasonably fast) speed. further increasing the safety and viability in the Netherlands, however, these Sensors at intersections automatically of cycling as alternative means of cycle paths are quite simply found detect stopped cyclists and grant green transport. everywhere, and analyzers of bicycle lights accordingly, giving cyclists a few networks in other countries often note seconds of green before automobiles Transportation Networks: or even decry the difference between are permitted to move; in certain Designed With Bicycles the density and quality of Dutch cycle places, bicycles can completely bypass in Mind, Not Cars paths and those in their area of study.41 an intersection with a major traffic The most recent statistics show route by means of an underpass. Not Policies provide a legal framework 34,600 kilometers of cycle paths, not only do all these measures decrease and recognition for the bicycle's place inclusive of roads with bike lanes,42 the chances of injurious collisions in a transit system; the physical space allowing a Dutch cyclist to effectively between bicycles and automobiles, is provided by appropriate cycling travel anywhere in the country in near- they also help eliminate one of the most facilities. One of the most important complete isolation from automobile significant annoyances for cyclists: ways the Dutch transportation network traffic. This extensive network benefits being required to waste energy allows for safe and efficient cycling is not only the safety of all cyclists but stopping for and reaccelerating after a the near complete separation of bicycle also the confidence of cyclists who are traffic light.44 Extra bridges for bicycles and motor traffic along roadways. not able to exert the strenuous physical connecting suburbs with city centers Bicycles are generally given ample effort of cycling near the speed of across a wide canal or river also help space along a roadside, distinct from automobile traffic. optimize commute times for cyclists.45

Spring 2013 24 Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

Finally, municipalities seek to traffic. Many historical cities, such as freedom for bicycles, it could be said encourage bicycle use by providing Groningen, 's-Hertogenbosch, and that the entire functioning of the Dutch ample places for cyclists to leave their The Hague, have taken or are taking transportation grid dethrones the bike safely in public areas. Installations measures to severely restrict or outright automobile as king of the road. of free guarded bicycle lots in public ban automobiles from the historical squares or near train stations both centers,47 creating large spaces The Composition of encourage efficient door-to-door accessible only to pedestrians and Cyclists' Cities: Urban travel for cyclists and give them peace bicycles, while some newer suburbs Design as Co-benefactor of mind about leaving their bicycle such as Houten have been specifically behind while at their destination. The constructed to exclude automobiles Transportation networks in the work being done to integrate bicycles from the central areas. Steep parking Netherlands are explicitly designed into the efficient and well-used Dutch fees and a paucity of available spaces with the bicycle in mind, but other, less train system is worth mention here; a also effectively discourage cars from obvious aspects of Dutch cities also recent program called the “OV-fiets” entering city centers. reflect construction with mindfulness of (“public transport bicycle”) is rapidly Even in non-central, noncongested cyclists' needs. For example, typically gaining popularity. The program allows areas, however, the careful control American phenomena such as tangled members to quickly rent and return of automobile traffic maintains a webs of residential cul-de-sacs feeding bicycles at a train station for a cheap safe environment for pedestrians out to a major road, or strip malls and price; this is ideal for people who and cyclists. The bicycle-activated other commercial zones surrounded by use the train to travel to their city of signaling already described is naturally massive parking lots, are simply not to work but still have some distance to less conducive to automobile traffic. be found in the Netherlands.49 Not only travel after arrival at the train station. As already mentioned, motor vehicle is there typically not the space for these Researchers had indeed been writing speeds are strictly regulated by law, but areas, but these designs are vastly for years about how bicycle usage was in addition, roads are often designed inefficient for cyclists wishing to travel comparatively quite infrequent on the to make it impossible or dangerous for the most direct route door-to-door. “activity end” of a train journey;46 the motor vehicles to move with excessive Suburban residential neighborhoods introduction and spread of the OV-fiets speed. Traffic calming measures, such are instead constructed permeated with is another example of Dutch innovation as speed humps, street narrowings, cycle paths following the straightest and planning for the inclusion of and added zigzags, are quite common, lines to shopping and transportation bicycles in as many transport journeys especially in residential areas. They centers, and vehicular parking, when as possible. are carefully engineered, however, it exists, is often behind rather than in In contrast to the ease and fluidity to minimally inconvenience cyclists; front of a shopping mall. This method of downtown cycle transport, driving for example, the shape of a speed of urban planning, largely come into in a Dutch city can be diabolically hump is designed to cause the least vogue since the 1970s, is a far cry complicated. Motorists are confronted possible discomfort to a cyclist while from classical American city centers with an unpredictable array of narrow still endangering a motorist traveling and suburbs built exclusively with the roads, one-way streets (with bicycles at excessive speed.48 Where possible, automobile in mind. permitted in both directions), bus- cycle paths often completely bypass Although the size and composition only streets (with bicycles permitted), calming apparatuses. Between all of Dutch cities has not been explicitly bicycle-priority streets, and even streets these policies and designs which inhibit controlled with cyclists in mind, the completely closed off to motor vehicle motor vehicles while creating maximum manner in which these have been

25 JUIS Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

planned over the past decades has the isolated wildernesses of suburban and has aided the use of the bicycle also led to co-benefits for bicycle America; rather, they include their as an effective means of transport, users. For example, one aim of Dutch own shopping and cultural centers the historical decision-making and city planning has been to preserve and transportation links. They are also planning processes which led to the existing countryside spaces.50 There located close enough to town centers extremely hospitable transport network are several examples of non-builtup for easy foot and bike access.53 Again, and legal framework available today is areas in the Netherlands where this is not always explicitly done for the responsible for the situation current to development is restricted; the most sole benefit of cyclists, but the practice the Netherlands. notable is the Groene Hart (Green helps enable cycling as a legitimate It should be additionally noted Heart), a countryside area completely transport option for many Dutch people. that, unlike its topography, the climate surrounded by the nation's largest of the Netherlands is not similarly cities, where traditional farms and Hills and Headwinds: forgiving to a cyclist. Strong winds, windmills still dominate the landscape. What Can't Be Avoided precipitation, and cold can have a The corresponding increase in city strong negative impact on the efficiency population density both adds pressure A word should be allowed and pleasantness of cycling. These are to transportation networks which is about the physical geography of the all fairly frequent phenomena across more easily dealt with by bicycles than Netherlands. It goes without saying the Netherlands, especially in the more autos, and additionally makes more that the prospects of bicycle use in this maritime provinces. Data gathered short commutes for bicycle users country have been much favored by the in the Netherlands has been used to feasible.51 renowned flatness of its topography. measure some of the effects of sorry Indeed, popular conceptions of All other things being equal, hilliness weather on the number of cyclists on cycling in the Netherlands usually can negatively affect the cycling rate the road. A 2008 study correlated 24- include the explanation of its relatively of a city by as much as 74 percent,54 hour data extracted from traffic flow high population density (497 people per and indeed, as has already been noted, measurement devices on multiple cycle square kilometer, comparable to New some of the lowest cycling rates in paths near two Dutch cities (Gouda and Jersey), leading on average to shorter the Netherlands are recorded in the Ede) over a several-year period with trip lengths. The average trip length relatively hilly province of Limburg. The the weather observed and recorded at in the Netherlands is in fact shorter popular view that “Dutch people cycle those places and times and quantified than in the United States; 44 percent so much because it's so flat there,” to a certain extent variations in daily of trips in the Netherlands are shorter however, should be discouraged. bicycle use in relation to temperature, than 2.5 kilometers, compared to 27 As already noted, the lowest cycling wind, and precipitation; the researchers percent in the United States.52 This rates in the least favorable areas of found that between 50-70 percent should not be seen as a result of mere the Netherlands are far higher than of the variations could be accounted ethereal and unassailable demography, correspondingly ranked areas in many for by such meteorological factors.55 however; as just observed, city planning other Western countries, and the A separate 2011 study worked with forces an even greater concentration imagination can easily supply multiple residents of areas in the Netherlands of population into a small area. examples in other countries of equally where wind speeds are constantly Additionally, the short trip lengths of flat areas which do not have similar quite high; they found them generally the Netherlands also come from a rates of cycling frequency. It should unwilling to change their commuting high prevalence of mixed-use zoning. be clear that, while the topography behavior by not driving, even when Residential developments are rarely of the Netherlands clearly does aid offered a tangible reward for doing

Spring 2013 26 Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

so.56 It is probable, then, that the the “push and pull” model. Cycling transportation planning.62 As cars were Netherlands, despite its flatness is not rates dropped drastically, as much as removed from the roads, death and necessarily the most hospitable location 62 percent;60 the cultural shift in the injury rates plummeted and cycling in the world for cycling; a similarly flat perception of the relative social statuses rates soared simultaneously. Today, area with a drier and less windy climate of bicycles and automobiles was on a political level, support for cycling could theoretically attain higher cycling reinforced by skyrocketing numbers initiatives is strong in both local and rates. of injuries and deaths resulting from national governments, invigorated bicycle-automobile collisions. In 1971, by advocacy groups, and generally A Society That Cycles: 3,300 people were killed in cycling supported by the public.63 This historical Historical Perspective accidents, of which 500 were children.61 case study, as can be imagined, is a and Cultural Attitudes Unlike in other countries, however, crucial part of the prevailing theories a tide turned; the Dutch fought to bring mentioned earlier concerning the As has been related, many safe cycling back to the streets and central importance of safety when measures have been taken in the acquiesced to the laws and policies cycling is a frequently chosen mode of Netherlands to ensure bicycles have put in place to curb the expansion transportation. a secure and even privileged position of the automobile's domains. In the This history leads us to one final on the roads. But how did authorities early 1970s, a movement called Stop factor which has cemented the place come to take this position, and how de Kindermoord (“Stop the Child of the bicycle in Dutch transportation, long have these measures been in Murder”) was formed and began a and that is the Dutch culture itself. Both place? In fact, as common as cycling program of protests and activism now and in the past, cycling has been presently is in the Netherlands, cycling aimed at making streets safer. This considered a part of “national identity,”64 rates are still not as high as they were movement, growing concurrently with something quintessentially Dutch to do; before the Second World War.57 As in several other newly-emergent cycling it is something the Dutch historically all the developed world, the bicycle advocacy groups, proved immensely found worthy of support, and is was widely adopted after its invention popular and successful. As these something they have fought to maintain. and rapidly became quite popular groups campaigned for the wide-scale The policies and designs which create among Dutch people, with Queen promotion and use of bicycling as an such a welcoming environment for Wilhelmina herself photographed alternative to automobile transport, cyclists in the Netherlands were on a bicycle in 1938.58 After 1945, a tipping point came with the 1973 fundamentally produced by this as in all the developed world, the OPEC oil embargo against Western attitude, and the environment they have Netherlands found automobile transport nations introducing new and jarring created feeds right back into reinforcing to be increasingly accessible and expenses and lengthy inconveniences the attitude. Mention has been made cheap, and began redeveloping its to automobile use. Cycling became of the education programs in schools cities and transportation networks to broadly accepted as a means of and how parents commonly encourage accommodate for it. The postwar years transportation equal in value to the car, bicycle use among children, allowing saw cities spreading out, blocks of and the Dutch national and municipal this attitude to take hold from a very houses demolished to accommodate governments began supporting cycling young age, and the ubiquity of bicycles wider and faster streets, historical with broad arrays of laws and planning among all levels of society ensures central squares devoted to parking, measures, culminating eventually that the phenomenon takes hold at a and medieval canals filled in to be in the “master plans” of the 1990s national level, not in any sub-culture. replaced by highways59 – in short, which formally enshrined certain It is interesting, in this light, to fully encouraging the automobile in cycling policies as cornerstones of revisit our earlier statistic showing a

27 JUIS Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

lower cycling rate among immigrants to road.69 Certain broader societal effects highway built in the 1960s road boom the Netherlands; it is highly likely that also emerge when cycling becomes to the medieval canal it once was.71 This the adoption rate is slowed by different common: the reduction of air and noise entrenchment of cycling as permanently cultural perceptions of cycling.65 In pollution improves the health and quality available and popular transport mode many other countries, surveys of of life for all citizens, and reducing the choice has, to be sure, been the potential cyclists reveal a common number of cars on the roads reduces product of a cultural attitude, but it has perception of the bicycle as a children's traffic fatalities for all travelers; and the also come out of the hard work of many toy which is outgrown when a teenager bicycle is an inherently carbon-neutral, decades, and it is not unreasonable gains access to “cooler” vehicular zero-emissions vehicle, making its to envision similar decades of effort transport.66 Cycling can also be use beneficial for the planet.70 Careful providing similar results in other areas.72 perceived as below one's social station, governmental plans and policies have Indeed, John Pucher, in his many the province of members of society helped create a Dutch society where excellent articles on the subject of what without money for a car; or it could be cycling is common enough to be creates the best cycling conditions, perceived as a thing one might do for inescapable, but is the Dutch story often speaks of Denmark and Germany occasional recreation and relaxation attainable for countries which have in the same breath as the Netherlands rather than use for necessary transport. made different choices in transport as nations which have implemented In the Netherlands, as we have seen, priority since the Second World War? transportation networks that have led to cycling is done by nearly all members This paper has found that, to a high frequencies of bicycle use. of society for quite a variety of reasons; degree, cycling in the Netherlands has With their unmatched system of it is not only an environmentally friendly been aided by a certain combination bicycle-friendly transportation, the and socially egalitarian means of of intrinsic factors, such as a flat Netherlands has become model, guide, transportation, but also a part of life landscape and high population density and consultant for places all over the which they have been partaking in leading to a tendency for shorter trip world, from countries down to small regularly since the age of four.67 lengths. However, there are many areas municipalities, wishing to implement in countries with low cycling frequency successful bicycle networks. It provides Cycling in the such as the United States which are a clear example of a country-wide Netherlands: An similarly flat and densely populated. The success in ensuring safe and efficient Unmatchable fundamental difference between the two travel for millions of cyclists of all Phenomenon? cases is that a national identification classes and demographics by means of with the bicycle led history of designing careful and thoughtful design choices Cycling as public habit has been and legislating for the bicycle has led and policy interventions. Many of suggested by many transportation to the reversal of postwar car culture these designs and policies are easily researchers as a multi-potent solution and the preservation of a culture where introducible by national or municipal to many separate public problems.68 cycling is done frequently, without a departments of transportation in any The health benefits of moderate second thought, and is even considered developed country. For example, it physical activity done every day, such a part of national identity. The extent would be simple, though perhaps as those provided by short bicycle trips, to which cars are now devalued in initially unpopular, to reduce road are well established, and research also Dutch urban planning can be seen speeds, legally recognize the indicates that the health benefits of now in Utrecht, where a centerpiece of bicycle's right to public roads, and cycling also outweigh the higher risks an extensive city-center revitalization stringently enforcing traffic safety laws a cyclist might have of injuries on the project involves the reconversion of a which protect cyclists. A widescale

Spring 2013 28 Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

introduction of bike lanes and pathways BuiltEnvironment, Climate Change, 24. John Parkin, Mark Wardman, & Matthew and Health: Opportunities for Page, 'Estimation of the determinants would involve somewhat of an Co-Benefits', American Journal of of bicycle mode share for the infrastructural investment, but these Preventive Medicine, 35:5 (November journey to work using census data', 2008), p. 517-526. Transportation 35:1 (January 2008), investments can be easily recovered p. 93-109; Rietveld & Daniel (2004), 6. Pucher & Buehler (2008), 496. in public health benefits.73 Once these 531- 550. 7. Ibid., 504. legal and logistical frameworks are in 25. Rietveld & Daniel (2004), 532. 8. MVW (2009), 45. place, further steps can be taken to 26. N. C. Unwin, 'Promoting the Public 9. Pucher & Buehler (2008), 502. Health Benefits of Cycling', Public optimize the safety and efficiency of Health 109:1 (January 1995), p. 10. MVW (2009), 15. bicycle transport, such as prioritizing 42-3; J. D. Hunt & J. E. Abraham, 11. Stichting Landelijk Fietsplatform, Zicht 'Influences on Bicycle Use', bicycles at intersections. With the right op Nederland Fietsland (Stichting Transportation 34:4 (July 2007), pp. combination of designs and policies, Landelijk Fietsplatform, Amersfoort, 457, 466; Jan Garrard, Geoffrey 2009) p. Rose, & Sing Kai Lo, 'Promoting there is in principle no reason that transportation cycling for women: 12. Frans Dieleman, Martin Dijst, & Guillaume the role of bicycle infrastructure', places all over the world could see Burghouwt, 'Urban Form and Travel Preventive Medicine 46:1 (January Behaviour: Micro-level Household similar cycling rates to the Netherlands. 2008), p. 55. Attributes and Residential Context', Urban Studies 39:3 (March 2002), 27. Rietveld & Daniel (2004), 543; Parkin et Acknowledgements p. 524 al. (2008), 107. 13. Pucher & Buehler (2008), 500. 28. Unwin (1995), loc cit. The author would like to 14. Piet Rietveld & Vanessa Daniel, 29. Pucher & Buehler (2008), 508. 'Determinants of bicycle use: 30. Eva Heinen, Bert van Wee, & Kees Maat, thank Brian Doucet for his greatly do municipal policies matter?' 'Commuting by Bicycle: An Overview Transportation Research Part A, 38:7 helpful comments and assistance of the Literature', Transport Reviews: (August 2004), p. 537. in the preparation of this article for A Transnational Transdisciplinary 15. Ibid., 524; MVW (2009), p. 10 gives 10 Journal 30:1 (January 2010), p. 75. publication. All errors, naturally, remain percent for the same city (Heerlen). 31. Rietveld & Daniel (2004), 545. the author's. 16. Knowledge Platform Verdi, Facts about 32. Dieleman et al. (2002) argue that with Cycling in the Netherlands (MVW, Den proper management, public transport Haag, 2001), p. 16. Endnotes and cycling will minimally compete 17. Ibid. with each other as transport choices, although Rietveld & Daniel (2004) 18. John Pucher & Lewis Dijkstra, 'Promoting do identify a lower cycling rate with 1. Fietsersbond, “Cycling in Figures”, Safe Walking and Cycling to Improve populous, spread-out cities having accessed 02/27/2013 at http://www. Public Health: Lessons From The effective, well-used public transit fietsersbond.nl/de-feiten/fietsen-cijfers Netherlands and Germany', American systems. 2. John Pucher & Ralph Buehler, 'Making Journal of Public Health, 93:9 Cycling Irresistible: Lessons from The (September 2003), p. 1509. 33. This also holds for potential passengers in a car, such as children being taken Netherlands, Denmark and Germany', 19. MVW (2009), 10. Transport Reviews: A Transnational to school by their parents. 20. John Pucher & Lewis Dijkstra, 'Making Transdisciplinary Journal, 28:4 (June 34. Rietveld & Daniel (2004), 545. 2008), p. 497. Walking and Cycling Safer: Lessons From Europe', Transportation 35. Pucher & Buehler (2008), 508. 3. Ministerie van Verkeer en Waterstaat Quarterly, 54:3 (Summer 2000), p. 36. Pucher & Dijkstra (2000), 36. (MVW) & Fietsberaad, Cycling in the 32. Netherlands (MVW, Den Haag, 2009) 37. Ibid., 42. p. 14. 21. Pucher & Buehler (2008), 506. 38. These two foregoing paragraphs are a 22. Ibid. 4. J. Scott Osberg & Sarah C. Stiles, most uneloquent summary of Pucher 'Bicycle Use and Safety In 23. John Pucher & Ralph Buehler, 'Cycling & Dijkstra (2000), 36-47. Paris, Boston, and Amsterdam', for Everyone: Lessons from Europe', 39. Pucher & Dijkstra (2000), 43. Transportation Quarterly, 52:4 (Fall Transportation Research Record: 1998), p. 69. Journal of the Transportation 40. Pucher & Dijkstra (2003), 1511. Research Board, 2074 (December 5. Margalit Younger, Heather R. Morrow- 41. Parkin et al. (2008), 100; Pucher & 2008), p. 58-65. Almeida, Stephen M. Vindingi, Dijkstra (2000), 26. & Andrew L. Dannenberg, 'The

29 JUIS Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

42. Fietsersbond, “Cycling in Figures”, p. 348. 94:4 (April 2004), pp. 549-553. accessed 02.27/2013 at http:// 59. Brian Doucet, 'Walking Taller', NOW www.fietsersbond.nl/de-feiten/fietsen- Toronto 32:23 (February 7-14, 2013), cijfers/bijna-35000-km-fietspad- accessed 02/27/2013 at http:// Bibliography nederland www.nowtoronto.com/news/story. 43. Pucher & Buehler (2008), 515-6. cfm?content=191128 Ben-Elia, Eran & Dick Ettema, 'Rewarding rush- 44. Joel Fajans & Melanie Curry, 'Why 60. Pucher & Buehler (2008), 502. hour avoidance: A study of commuters’ Bicyclists Hate Stop Signs', ACCESS 61. “Dutch campaigners explain why the travel behavior', Transportation Research 18 (Spring 2001), p. 29-30. Netherlands is now so cycle-friendly”, Part A, 45:7, pp. 567-582. 45. MVW (2009), 60-1. London Cyclist magazine, accessed De Hartog, Jeroen J., Hanna Boogaard, 02/27/2013 at http://lcc.org.uk/ 46. Piet Rietveld, 'The accessiblility of railway Hans Nijland, & Gerard Hoek: 'Do the pages/holland-in-the-1970s stations: the role of the bicycle in The Health Benefits of Cycling Outweigh Netherlands', Transportation Research 62. The original “master plan” is Sign up the Risks?”, Environmental Health Part D 5:1 (January 2000), p. 71; for the Bike — Design Manual for Perspectives, 118:8 (August 2010), Moshe Givoni & Piet Rietveld, 'The a Cycle-Friendly Infrastructure by pp.1109-1116. access journey to the railway station Stichting CROW (Information and Dieleman, Frans, Martin Dijst, & Guillaume and its role in passengers’ satisfaction Technology Centre for Transport and Burghouwt, 'Urban Form and Travel with rail travel', Transport Policy 14:5 Infrastructure, Ede, The Netherlands, Behaviour: Micro-level Household (September 2007), p. 357. 1998). Attributes and Residential Context', 47. See, for example, the website of 63. Sytze A. Rienstra, Piet Rietveld, & Urban Studies 39:3 (March 2002), pp. the Municipality of The Hague, Erik T. Verhoef, 'The social support 579-603. “City Centre to become Car Free” for policy measures in passenger Doucet, Brian, 'Walking Taller', NOW Toronto accessed 03/02/2013 at http:// transport. A statistical analysis for the 32:23 (February 7-14, 2013), accessed www.denhaag.nl/en/residents/to/City- Netherlands', Transportation Research 02/27/2013 at http://www.nowtoronto. Centre-to-become-Car-Free.htm Part D 4:3 (May 1999), pp. 181-200. com/news/story.cfm?content=191128 48. MVW (2009), 59. 64. Ebert (2004), 364. Ebert, Anne, 'Cycling towards the nation: the 49. Pucher & Dijkstra (2000), 41. 65. Rietveld & Daniel (2004), 545-6. use of the bicycle in Germany and the Netherlands, 1880–1940', European 50. Tim Schwanen, Martin Dijst, & Frans 66. Unwin (1995), 43. Review of History: Revue europeenne Dieleman, 'Policies for Urban Form 67. MVW (2009), 19. d'histoire, 11:3 (2004) pp. 347-364. and their Impact on Travel: The Netherlands Experience', Urban 68. Pucher & Buehler (2008); Younger et al. Fajans, Joel & Melanie Curry, 'Why Bicyclists Studies, 41:3 (March 2004), p. 579- (2010). Hate Stop Signs', ACCESS 18 (Spring 603. 2001), pp. 28-31. 69. Jeroen Johan de Hartog, Hanna 51. Ibid. Boogaard, Hans Nijland, & Gerard Garrard, Jan, Geoffrey Rose, & Sing Kai Lo, Hoek: 'Do the Health Benefits of 'Promoting transportation cycling for 52. Pucher & Buehler (2008), 498. Cycling Outweigh the Risks?”, women: the role of bicycle infrastructure', 53. Pucher & Dijkstra (2000), 41. Environmental Health Perspectives, Preventive Medicine 46:1 (January 118:8 (August 2010), p. 1109-1116. 2008), p. 55-59. 54. Rietveld & Daniel (2004), 544. 70. Younger et al (2010). Givoni, Moshe & Piet Rietveld, 'The access 55. Tom Thomas, Rinus Jaarsma, & Bas journey to the railway station and its Tutert, 'Exploring temporal fluctuations 71. Doucet, op. cit. role in passengers’ satisfaction with rail of daily cycling demand on Dutch 72. See, for instance, John Pucher & Ralph travel', Transport Policy 14:5 (September cycle paths: the influence of weather Buehler, 'At the Frontiers of Cycling: 2007), pp. 357-365. on cycling', Transportation, 40:1 Policy Innovations in the Netherlands, (January 2013), p. 1. Knowledge Platform Verdi, Facts about Cycling Denmark, and Germany', World in the Netherlands (MVW, Den Haag, 56. Eran Ben-Elia & Dick Ettema, 'Rewarding Transport Policy and Practice, 13:3 2001). rush-hour avoidance: A study (December 2007), pp. 8-57, or other of commuters’ travel behavior', works in the Bibliography. Heinen, Eva, Bert van Wee, & Kees Maat, Transportation Research Part A, 45:7, 'Commuting by Bicycle: An Overview 73. For a case study, see Guijing Wang, p. 579. of the Literature', Transport Reviews: A Caroline A. Macera, Barbara Transnational Transdisciplinary Journal 57. Pucher & Buehler (2008), 503. Scudder-Soucie, Tom Schmid, 30:1 (January 2010), pp. 59-96. Michael Pratt, David Buchner, & 58. Anne Ebert, 'Cycling towards the nation: Gregory Heath, 'Cost Analysis of the Hunt, J. D. & J. E. Abraham, 'Influences on the use of the bicycle in Germany Built Environment: The Case of Bike Bicycle Use', Transportation 34:4 (July and the Netherlands, 1880– 1940', and Pedestrian Trials in Lincoln, Neb.', 2007), pp. 453-470. European Review of History: Revue American Journal of Public Health, europeenne d'histoire, 11:3 (2004) London Cyclist magazine, “Dutch campaigners

Spring 2013 30 Polders, Planning, Policy, and Culture: Elements of the Dutch Cycling Success Story / Timothy Merkel

explain why the Netherlands is now so of bicycle use: do municipal policies cycle-friendly”, accessed 02/27/2013 matter?' Transportation Research Part A, at http://lcc.org.uk/pages/holland-in- 38:7 (August 2004), pp. 531-550. the-1970s Schwanen, Tim, Martin Dijst, & Frans Dieleman, Ministerie van Verkeer en Waterstaat & 'Policies for Urban Form and their Impact Fietsberaad, Cycling in the Netherlands on Travel: The Netherlands Experience', (MVW, Den Haag, 2009). Urban Studies, 41:3 (March 2004), pp. 579-603. Osberg, J. Scott & Sarah C. Stiles, 'Bicycle Use and Safety In Paris, Boston, and Thomas, Tom, Rinus Jaarsma, & Bas Tutert, Amsterdam', Transportation Quarterly, 'Exploring temporal fluctuations of daily 52:4 (Fall 1998), pp. 61-78. cycling demand on Dutch cycle paths: the influence of weather on cycling', Parkin, John, Mark Wardman, & Matthew Page, Transportation, 40:1 (January 2013), 'Estimation of the determinants of bicycle pp. 1-22. mode share for the journey to work using census data', Transportation 35:1 Unwin, N.C., 'Promoting the Public Health (January 2008), pp. 93-109 Benefits of Cycling', Public Health 109:1 (January 1995), pp. 41-46. Pucher, John & Ralph Buehler, 'At the Frontiers of Cycling: Policy Innovations in the Wang, Guijing, Caroline A. Macera, Barbara Netherlands, Denmark, and Germany', Scudder-Soucie, Tom Schmid, Michael World Transport Policy and Practice, Pratt, David Buchner, & Gregory Heath, 13:3 (December 2007), pp. 8-57. 'Cost Analysis of the Built Environment: The Case of Bike and Pedestrian Trials Pucher, John & Ralph Buehler, 'Cycling for in Lincoln, Neb.', American Journal of Everyone: Lessons from Europe', Public Health, 94:4 (April 2004), pp. Transportation Research Record: Journal 549-553. of the Transportation Research Board, 2074 (December 2008), pp. 58-65. Younger, Margalit, Heather R. Morrow- Almeida, Stephen M. Vindingi, & Andrew L. Pucher, John & Ralph Buehler, 'Making Dannenberg, 'The Built Environment, Cycling Irresistible: Lessons from The Climate Change, and Health: Netherlands, Denmark and Germany', Opportunities for Co-Benefits', American Transport Reviews: A Transnational Journal of Preventive Medicine, 35:5 Transdisciplinary Journal, 28:4 (June (November 2008), pp. 517-526. 2008), pp. 495-528. Pucher, John & Lewis Dijkstra, 'Making Walking and Cycling Safer: Lessons From Europe', Transportation Quarterly, 54:3 (Summer 2000), pp. 25-50. Pucher, John & Lewis Dijkstra, 'Promoting Safe Walking and Cycling to Improve Public Health: Lessons From The Netherlands and Germany', American Journal of Public Health, 93:9 (September 2003), pp. 1509-1516. Stichting Landelijk Fietsplatform, Zicht op Nederland Fietsland (Stichting Landelijk Fietsplatform, Amersfoort, 2009). Rienstra, Sytze A., Piet Rietveld, & Erik T. Verhoef, 'The social support for policy measures in passenger transport. A statistical analysis for the Netherlands', Transportation Research Part D 4:3 (May 1999), pp. 181-200. Rietveld, Piet, 'The accessiblility of railway stations: the role of the bicycle in The Netherlands', Transportation Research Part D 5:1 (January 2000), pp. 71-75. Rietveld, Piet & Vanessa Daniel, 'Determinants

31 JUIS Capturing the Cartonero Art, Apparatuses, and Collectivity in Argentina

by Luke Urbain

rt projects by: Liliana Maresca, Matthijs de Bruijne, and Fernanda Laguna represent the Buenos Aires cartonero, or cardboard collector, and occurred at distinct periods before, during, and after A the economic crisis of 2001-2002. The material culture and consumption patterns of the projects interrogate the apparatuses of capitalization and globalization, which worked to fix the cartonero as the Argentinean emblem of social detritus. Ultimately, a reevaluation of consumer, producer, artist, subject, and viewer roles caused a shift toward collective, relational models of representation.

In November 1968, a group Tucumán is still burning. based representational model and of artists banded together to Move southward geographically, avoid direct, or photographic, visual raise awareness of what they saw forward chronologically, and a number representation of the cartonero. The use as government malice toward of crises removed, Tucumán’s embers of readymades, objects purged of their the inhabitants of Tucumán, an smolder in visual representations of the original context and represented as art, impoverished province in Argentina. Buenos Aires cartonero, yet another is a topic far outside the scope of this Tucumán had already been struggling Argentine emblem of marginalization. paper. Nevertheless, it is necessary before the government shut down its The particulars have changed since to discuss the use of readymades sugar mills, a veiled punishment for the 60s, but the art still questions insofar as these objects carry specific protests. The artists’ manifesto cites an issues of subaltern representation, connections with consumption and overbearing Di Tella Institute “[…] led a crisis, and collectivity. With a nod to a material specificity that implicitly group of artists to formulate aesthetic theorist Giorgio Agamben’s notion references the cartoneros. In their creation as a violent action […]”1 of the apparatus, Slavoj Žižek’s materiality and consumption, the Their violent action acted as a form of writings on waste and capitalism, and projects gesture toward capitalism and creation that disturbed the hegemonic critic Nicholas Bourriaud’s concept globalization, two apparatuses made all order. The artists created an exhibit of relational aesthetics, three art the more suspect by Carlos Menem’s titled Tucumán Arde2, which presented projects that represent the Argentine neoliberal policies of the 1990s and the facts the Argentine government cartonero will be inspected. All subsequent Argentine economic crisis previously ignored or altered. Over forty projects pay cartoneros for objects of 2001-2002. years later, the happening of Tucumán they have collected, which are in turn Under the presidency of Carlos Arde continues to spark essays, appropriated to varying degrees. The Menem (1989-1999), the Argentine exhibitions, and debates as to whether three projects adhere to an object government took on a policy of

Luke Urbain. Luke Urbain is a senior at UW-Madison finishing his studies in Art History, Chemistry, and Spanish.

32 JUIS Capturing the Cartonero: Art, Apparatuses, and Collectivity in Argentina / Luke Urbain

privatization and foreign borrowing. by some accounts.7 Wages fell, jobs the cartonero cart to investigate artistic The peso’s value was linked to the vanished, savings disappeared, and production. The title, Recolecta, makes United States dollar. During the Menem as the price of cardboard tripled many reference not only to Recoleta, an presidency, the government allowed turned to the streets to gather what affluent community in Buenos Aires, unprecedented foreign investment and was left. and Centro Cultural Recoleta (CCR), competition, even in the previously Cultural philosopher Giorgio the eponymous art center in which it state-dominated industries of Agamben calls an apparatus “literally was displayed, but also references the telecommunication, petroleum, banking, anything that has in some way the cartoneros who recollect objects from agriculture, electricity, and water.3 capacity to capture, orient, determine, the trash. The installation consists of In the late 1990s, Argentina had the intercept, model, control, or secure four carts: two carts wheeled in off the highest standard of living and the third the gestures, behaviors, opinions, or street, one of which is painted entirely largest economy among Latin American discourses of living beings.”8 Under white, and two small metal casts of countries.4 Soon, however, the country Agamben’s concept, the cartonero the cart, one plated in silver and the ran into problems simultaneously can be seen as the Argentine emblem other plated in gold. A text by the fulfilling debt to and competing with of marginalization for the new sixteenth century alchemist Paracelsus foreign nations, and by the end of millennia, captured in a complex and accompanies the instillation.10 Menem’s second term the economy competing matrix of media, foreign Maresca obtained borrowed was crashing. Under President gaze, globalization, economics and carts from cartoneros in the Warnes. Fernando de la Rua (December community. As Agamben notes, “It The Warnes, a symbol of unrealized 1999-December 2001), the crisis would probably not be wrong to progress, was originally intended to realized its most dramatic moments. define the extreme phase of capitalist be the site of a pediatric hospital but As the banking system collapsed, a development in which we live as a ultimately became a slum. Despite corralito that prohibited money transfers massive accumulation and proliferation Maresca’s attempt to purchase the outside the country was imposed; of apparatuses.”9 While considerable two large carts for the installation, the pensions were destroyed and the research has been devoted to the cartoneros would only accept money lifetime savings of millions of people cartonera presses, other forms for the objects within the carts, and were diminished or lost.5 December of creative representation remain permitted her to take the carts only 2002 saw the emergence of thousands untreated. By addressing these forms on loan.11 No account as to whether of protesters and the exchange of four of artistic representation, the hope the carts were returned was found. presidents in a matter of weeks. During is to further explore some of the The project represents the view of this crisis, the price of paper increased apparatuses that capture the cartonero. a pre-crisis Argentine artist, and her 300 percent due to inflation.6 Collecting Furthermore, as the three projects work was displayed only in the CCR. trash became an occupation and explored occur at distinct moments Much current discourse has focused on source of livelihood for the newly minted before, during and after the crisis, a Maresca’s supposed premonition of the class of urban destitute: the cartoneros shift occurs in how the cartonero is coming multitude of cartoneros. In Ñ, or cardboard pickers. While the captured. Clarín’s cultural supplement, Ana María cartonero existed before 2001, during Battistozzi wrote, “Maresca was already the crisis the cartonero went from being Recolecta so concerned with [cartoneros] as to peripherally visible to socially salient. transform the action into the focal point After the crisis, the cartoneros of Liliana Maresca’s 1990 installation, of her installation.”12 Contrary to this Buenos Aires numbered up to 100,000 Recolecta, appropriates the image of and other similar readings of Maresca’s

Spring 2013 33 Capturing the Cartonero: Art, Apparatuses, and Collectivity in Argentina / Luke Urbain

installation, the use of the cart is not Liquidacion.org more or less double the market price. a foreshadowing of the cartonero's De Bruijne reiterates that, “the sales importance, but instead plays with the price of the object is lower than a piece Liquidacion.org and the idea of trash and its transformation of art, but higher than the prevailing subsequent exhibition formed around into art. An identical installation using market value.”15 Prices were set in US it transformed trash items, found a garbage can instead of a cartonero dollars because they represented the by cartoneros in Buenos Aires, into cart would read similarly, aside from primary global currency and buyers paid items for sale in an online marketplace the idea of selection (the objects in for shipment. All profits were given to created specifically for the project.14 a trash can are essentially random, the cartonero who found the object or Audio recordings of dreams were also where items in a cartonero cart are recorded the dream. Objects continued sold, though in limitless editions. The deliberately chosen). So, why use the to sell even after the artist returned goal was to both help the cartonero cartonero cart? The miniature golden to the Netherlands, and if a cartonero with the proceeds from the sales cart represents the final iteration in could not be found, money was instead and to raise social consciousness. the process of artistic production, and given to a soup kitchen in Argentina’s Liquidacion.org is the product of Dutch shows art as the last act in Maresca's Tucumán province.16 artist Matthijs de Bruijne who went series. The fact that the cartoneros The eleven dreams range in length to Argentina in 2002 and put the site are represented, however, should not from 2½ to 5½ minutes. The voice of online in 2003 when the cartoneros be overlooked. This was more than a de Bruijne is audible in a number of the skyrocketed. Audio, field recordings decade before the economic crisis. In recordings, occasionally questioning in Spanish taken by de Bruijne, 1990, the cartonero in Buenos Aires or prompting the speaker. According accompany nearly every page on the was considerably less pervasive than to the artist, he was better friends with site: text is available in both English and after the crisis, even if for the artist the cartoneros who let their dreams Spanish. the city was “infested with cartonera be recorded than with the cartoneros De Bruijne included sixty-four carts.”13 Maresca looks down at the who supplied only objects.17 Confusing objects and eleven dreams. Each cartoneros. The original cartonero cart dream with reality characterizes the object has a corresponding web page is the most primitive in the four-step recording. In Antonio’s dream, he is accompanied by a brief diary-like evolutionary process towards art. It is caught with a girl in his neighborhood, excerpt from the artist, a photo of the through Maresca’s artistic intervention even though the girl exists, the object, and a short audio description that something to be admired is interaction does not. In another case, by the cartonero about the object he produced. Even though her primary Marga describes how her house burned or she found. Dreams are similarly intention was to manifest the process down. In the recording, de Bruijne presented, with individual pages of artistic production, she ultimately tells her that this actually happened. A corresponding to each dream, photos gives cartoneros agency by simply theme in a couple of the dreams is loss de Bruijne took of the cartonero's representing them in a prestigious of property. This can be seen in Marga’s locale, and partial transcriptions in both Argentine exhibition space. The use of dream, as well as in Julia’s dream, in English and Spanish. The found objects the cart is an invasion of an affluent, which property is lost in a great flood. vary from teapots to dildos, worthless white box by a subaltern. In another dream, a cartonero is forced money to old photos, and the prices to return an object found in the trash to range from ten to fifty dollars. The its owner. If dreams offer an unfiltered reasoning behind the pricing was to

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view of the subconscious, then the is a potential issue for his practice and seeing their everyday struggle.”25 He sample population of dream-supplying representational model. At the end of acknowledges his privileged status as cartoneros evades classification. the day, this is still a European man an outsider to the world he seeks to Dreams were sold for 35 to 50 dollars, from a former colonial power interested temporarily inhabit. or roughly two week’s wages according in an underprivileged class in a foreign, to de Bruijne.18 The arbitrary range formerly colonized country. What Fernanda Laguna and of prices was chosen by the artist to stops this from being a colonial view arteBA imitate marketplace values, an idea of an exoticized subaltern? De Bruijne echoed in the supermarket-like flyer chooses not to see himself in that Fernanda Laguna is an Argentinean shipped out with every item sold. For de context and took steps to evade being artist and writer who works for the Bruijne, dreams represent a minimized labeled as a cultural tourist. As Cecilia cartonera publisher Eloísa Cartonera. reduction of personal property.19 While Pavón noted in an interview, “Matthijs At Arte Buenos Aires (arteBA) jobs, a sense of security, or a certain insisted on differentiating himself from 2005, a predominately Argentinean lifestyle can be taken away, dreams the majority of “political tourists.”21 contemporary art fair, Laguna exhibited cannot. Later, the artist adds, “When making and sold fifteen cardboard boxes, De Bruijne’s representation of the project, the most important thing signed by the cartoneros who had the cartonero is multidimensional. was that it have a direct result on the found them.26 Members are not solely framed as real world. Generally, foreigners come, Laguna collected contact underprivileged. And while it is true take photos, make their documentary, information from the participating that the cartoneros are represented as show it in their countries, make money cartoneros, but could only reach eight objects, they also have names, voices, and as for the cartoneros, what is of them after the sale. Since the entire and dreams. De Bruijne’s diary-like left for them? Nothing.”22 The artist set sold for 900 pesos, Laguna gave comments add further weight to the is conscious of how his status as the eight responding cartoneros 110 figures portrayed. Some have only a foreigner might problematize his pesos each. She kept the remaining recently become cartoneros while representation of the cartoneros. few pesos, an amount she equated with others have been picking trash for years Furthermore, de Bruijne noted the the market value of the sold cardboard before the crisis; some are men and importance of cultural exchange.23 As boxes.27 While Laguna did not know any women and others are transvestites; he learned about the cartoneros’ way of the cartoneros at the time she began there is pain and misery in their work, of life, they learned of his too, asking the experiment, she noted that some of but there are also moments of joy. questions when the Netherlands was them became friends afterwards.28 The cartoneros are given a degree mentioned in television news.24 As the The boxes were sold jointly to of specificity in the project as each artist spent several months in Buenos Zavaleta Lab on behalf of James object or dream is identified with the Aires, picked trash with the cartoneros, Martin, whom the gallery called a “great cartonero who found or shared it. De and formed friendships with them, de collector of Latin-American art.”29 Bruijne identifies himself as the artist Bruijne avoided political tourist status. Zavaleta Lab is a gallery in Buenos and the website as the art project.20 He In an informational page on Liquidacion. Aires where according to its website, does not see the cartonero as an artist, org, he notes how he is a “wealthy artist “one finds international tendencies that however, neither does he look down from Amsterdam” that ultimately “came are an effect of globalization and current upon them, as Maresca did. deeper into their world and again and discourse represented.”30 De Bruijne’s status as a foreigner again … had to restrain [his] anger by While Laguna takes a share of

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profit where de Bruijne takes none, she connection to the cartonero. On all agreement on a tangential, object- ultimately calls more attention to the counts, the cartonero is conjured based representational model among absurdity of a life supported by recycled indirectly. With the exception of two three artists of differing backgrounds cardboard as well as the economic minor appearances in de Bruijne’s and periods of production calls for system under which that life has been project, the question arises: is inspection of the materiality and realized. Laguna’s leftover pesos are a the object-based representational appropriation of trash. Appropriation of symbolic profit. The amount points out model used by Maresca, de Bruijne an item into a work of art questions the how little the cartoneros survive on, and and Laguna inevitable?32 Would a notion of context-contingent meaning. the lengths to which they go to achieve photograph not be a more simple, That is to say it interrogates whether even that. Furthermore, the distribution direct, and identifiable way of capturing there is a stable identity of any object. of profit suggests a reevaluation the cartonero? Furthermore, is it not As de Bruijne, Laguna, and to a lesser of roles. The cartonero is the main precarious to equate a living being with degree Maresca all fill art exhibition recipient of profit, while the artist is what is seen as the waste products of spaces with literal trash, they reduce secondary. This distribution of profit fits consumption? the referent down to pure waste, and in with the concept and execution of Theorist Giorgio Agamben subvert the site of art exhibition in Laguna’s project, in which the cartonero articulates why photographic the process. The idea of recycling is is given a greater degree of agency. By representation of the cartonero might invoked in a couple different ways. signing the cardboard, the cartonero fail: When incorporating these objects marks it in much the same way as an into an art project, the item is being artist signs a work of art. The ownership What defines the apparatuses recycled in a physical sense. That is inherent in a signature is mimicked by that we have to deal with in the to say it is used to an end other than the corresponding distribution of profit. current phase of capitalism is that that for which it was created. There is Laguna also locates the object within they no longer act as much through also a recycling of meaning. What was an art fair, heightening the status of the production of subject, as through once labeled as trash is now labeled these objects as art objects. As Laguna the process of what can be called as art. These notions of assemblage explained, even though the boxes desubjectification. [...] what we are and appropriation shift the object of were sold collectively, “each box is a now witnessing is that processes waste toward the art object. This shift work of art … in the sense that it is a of subjectification and processes of is articulated by Slavoj Žižek, quoting transformation of life, destiny, and the desubjectification seem to become Jacques-Alian Miller, in his book, established.”31 reciprocally indifferent, and so they do A Fragile Absolute – Or Why Is the All projects avoid direct visual not give rise to the recomposition of a Christian Legacy Worth Fighting For: depiction of the cartonero. In Maresca’s new subject, except in larval or, as it work there are carts but not the bodies were spectral form.33 [...] in today's art, the gap that that push them; for de Bruijne there are separates the sacred space of sublime photos of spaces inhabited and objects This spectral form can be beauty from the excremental space of touched by the cartoneros as well as seen as the ghost of the touch of trash (leftover) is gradually narrowing, their voices, but not the cartoneros cartonero, or the implied physical up to the paradoxical identity of themselves; and Laguna includes only connection implicit in all three art opposites: are not modern art objects objects that bear an implied physical projects. For all their differences, the

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more and more excremental objects, waste products of the apparatuses of the traditional art fair or biennial format, trash (often in a quite literal sense: capitalism and globalization. This type it can still be seen, along with the CCR, faeces, rotting corpses...) displayed of rhetoric, waste as all that remains, is as part of a trend for every global city in--made to occupy, to fill in the sacred repeated over and over again, not only to have an art fair and an art institution. place of the Thing?34 by Žižek, but also in art projects of the The buyers were similarly geographically post-crisis. On its informational opening dispersed. Laguna’s project sold to These three projects fit within the page, Liquidacion.org proclaims that an art collector from the United States post-crisis trend Žižek notes of art to it “sells what is left over. Dreams and via a Buenos Aires gallery. De Bruijne push its subject down the continuum objects directly from the trash.”36 shipped objects from Liquidacion. from sacred to profane, art to waste. The representational model that org to Canada, the United States, Maresca locates trash, literally wheeled the three projects propose reduces the Mexico, different countries in Europe, in off the street, in an art museum, the human condition to a piece of trash. and Argentina.39 De Bruijne even cited most established site of the projects While the reduction of a living body to raising foreign consciousness about the considered here. De Bruijne and Laguna trash certainly does representational cartoneros as chief among his concerns work with objects and cardboard that violence to the posited body, this when organizing the project.40 The are easily enough translated as the comments on the lamentable reality of second wave of consumption comes waste of consumption. Cardboard is the cartonero in post-crisis Argentina. with the audience that viewed the cast aside as products are consumed, The projects become more projects of the post-crisis through the and it eventually becomes waste. Žižek interesting and complicated when one media. Over one million people visited goes on to note that the art/waste considers how they are consumed. Liquidacion.org, more than 30,000 equation has one more term: For de Bruijne, the buyers of objects people visited the corresponding on Liquidacion.org have broad buying exhibit, and it was profiled in leading The main production of the modern motives—to collect, to get a deal, Argentine newspapers and on the and postmodern capitalist industry is to support cartoneros—while the BBC.41 Similarly, 85,000 people visited precisely waste. We are postmodern buyer of Laguna’s cartonero-signed arteBA in 2005.42 Even if every visitor beings because we realize that all our boxes purchase art.37 Regardless of did not see Laguna’s project, thousands aesthetically appealing consumption motive, the buyers purchase garbage more saw the work than bought it. The artifacts will eventually end as leftover and, ultimately, consume the detritus number of people who have consumed […]35 of poverty. If the material history of visual representations of the cartonero these objects interrogates capitalism, now far outweigh the number of The use of cardboard and trash as then the way they were consumed cartoneros in Buenos Aires, even at art not only conflate art with waste, but questions a conjoined apparatus of their most populous. also with consumption. Furthermore, subjectification, that of globalization.38 Since consumption of these according to Žižek, capitalism is Before any money is exchanged for projects is largely foreign, the sale of best represented through waste. The these art objects, consumption is these objects functions as an analog later two projects reiterate a cycle of already overwhelmingly foreign. For to the sale of Argentine modes of consumption that both begins and ends Maresca and Laguna, an art museum or production to foreign multinationals with waste. The cardboard and the art fair is a site where the foreign gaze under Menem. The practice that de objects cartoneros find are literally the manifests itself. Even as arteBA evades Bruijne and Laguna stage is, however,

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hardly an approving homage to of globalization and capitalism. Indeed, people. While Laguna’s project is more Menem’s neoliberal policies. The artists in the art projects of the post-crisis, the a commentary on the ability of trash are not selling modes of production, viewer’s role is wildly disparate from to become art than de Bruijne’s, both projects ultimately gesture towards the apparatuses and relational networks that produced that box or trash object. The artists are not selling modes of production, The conflation of roles among but instead the result of said modes: poverty buyer, consumer, and producer is in manifested as consumption consumed. line with what Bourriaud identifies in his second book Post-Production, with a nod to Marx, as a “scrambling but instead the result of said modes: simple spectator. Nicholas Bourriaud, of boundaries between consumption poverty manifested as consumption a cultural critic known for applying his and production.”46 Artists are using the consumed. The artists also upset idea of relational aesthetics to art of the cartoneros to produce art, cartoneros original intent of the foreign dollar by 1990s, explains, “Present day art shows are using the artists and buyers to gain shifting it away from profit in a capitalist that form only exists in the encounter.”44 livelihood, and the buyers are using the context, and towards what might be Bourriaud notes a trend that shifts the artist and cartoneros to procure objects identified as compassion, even as this viewer from the traditionally passive that mark them as socially conscious motive may not have been primary for observer to a more active participant: collectors or art aficionados. the buyers. As de Bruijne notes, “What The revision of roles between artist, became clear to me during this project [...] the exhibition situations [of cartonero, and spectator, happens is that poverty is an economic product Gonzalez-Torres among others …] in different ways in de Bruijne and with which you can make profit.”43 The negotiate open relationships ... which Laguna’s projects, and it has everything buyers are, then, purchasing poverty are not resolved beforehand. [… It] to do with what forms of elitism that instead of capital. The projects of the wavers between the status of passive the artists choose to evade, embrace, post-crisis point out the absurdity of the consumer and the status of witness, and interrogate. De Bruijne maintains system they appropriate by showing the associate, customer, guest, coproducer, the artist/subject hierarchy, but goes to extremes to which consumption can be and protagonist. So beware: we know considerable lengths to extricate himself taken. Even poverty is within the cycle that attitudes become forms, and we from the label of “cultural tourist” and of production. should now realize that forms prompt his project from traditional sites of art Participation in these art projects models of socialibility […]45 presentation. He chooses to publish has manifested itself on different text in English and Spanish, not his levels—through the cartonero, the artist, The relationship, in turn, becomes native Dutch, which demonstrates the sites of exhibition, and the various less about an individual reaction, but an insistence not to assert cultural consumers. Without the consumption of instead a collective one. De Bruijne dominance, but to observe an these objects by foreigners with enough and Laguna establish a framework established global order. Furthermore, money to buy expensive trash from for relations: the objects themselves he goes out of his way to frame the Buenos Aires, the projects would fail to are not as important as the network cartonero through traditionally objective comment as succinctly on the impacts that connects all these objects and means—photography, audio recording,

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direct quotation transcription— to projects form a chronology that during and after the Argentinean evade claims of cultural tourism. De shows the movement towards economic crisis hinted at a reevaluation Bruijne also uses the Internet, which collectivity. Ironically, while Maresca’s of modes of production never fully functions outside the hegemonic work thematically evokes the idea of realized. This search, however, takes practice of art exhibition. Conversely, evolution, Recolecta represents the place elsewhere in Argentina, both Laguna chose to showcase her project most primitive iteration in this trend. near and far from the realm of artistic in a more exclusive framework—that She engages with the cartoneros while production. Still near it, cartonera of an international art fair—but still she keeping class hierarchies intact, pays editorials have proposed an alternative subverts the artist/subject hierarchy. them for the objects in the cart and to the publishing industry. While Eloísa According to her, every box is a work borrows the carts on the understanding Cartonera of Buenos Aires was the of art. While the price of de Bruijne’s that they will be returned. Later, de first publishing cooperative, founded cartonero-collected objects exists Bruijne shifts the cartonero further in 2003, today there are dozens nebulously between art and market away from the artist. Even while he is throughout Latin America, Europe, and value, Laguna clearly distinguishes ultimately responsible for editing the Asia. The literature, mostly poetry and between the two. She gave the project and choosing which objects are short stories is written by authors both cartonero the share attributed to artistic sold, the cartonero selects the object well and hardly known, photocopied value, and kept what she considered and contextualizes it. Further still, and bound in cardboard collected by the market value. Laguna gives the cartonero as much cartoneros, and decorated by children As all these projects shift the agency as to have him or her sign a of cartoneros. The cartoneros are identity of the cartonero away from a piece of cardboard like an artist. Again, paid well over market value for the marginal figure and symbol of social in both crisis and post-crisis projects, cardboard. Eloísa Cartonera began to detritus and toward a visible participant the cartonero receives part or all of the spread affordable literature in Buenos in the cycle of production, they suggest forms of collectivity. As Argentinean art historian Andrea Giunta notes in As all these projects shift the identity of her book, Post Crisis: Arte argentino the cartonero away from a marginal figure después de 2001: and symbol of social detritus and toward a visible participant in the cycle of production, The spontaneous organization … they suggest forms of collectivity. that constituted the scene of the crisis established the “multitudes,” which Toni Negri and Michael Hardt referred profits from the sale of the work of art, Aires at a time when the economic to in their first book Empire, in all muddying the distinction between artist crisis was affecting even Argentina’s their insurrectional and organizational and participant and shifting the focus publishing industry. The books expression in Argentina. Hundreds towards production. In short, these produced act as aestheticized objects of thousands of protestors … made projects clearly review the process on the verge of contemplation as art rethinking alternative modes of of artistic production to form a more objects. Also, it is not the product of production to the logic of capitalism collective, or as Deleuze and Guattari one but of many who work together. possible.47 would say, rhizomic mechanism. While all the art projects examined here The three cartonero-based The collectivity implicit in projects are durational and have a concrete end,

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cartonera publishers represent a model of art and social consciousness, accessed March 1, 2013, www. lanacion.com.ar/nota.asp?nota_ that comes closest to sustainability. global postmodernism and Argentine id=827125. Further still, and now completely regionalism, the sacred art object and 12. Ana María Battistozzi, “Recordando a outside the realm of artistic production, the profane waste product are all, to Liliana Maresca,” trans. Luke Urbain, Ñ. February 12, 2008, accessed March are cases of post-crisis reclamation of borrow Bourriaud’s term, scrambled. 1, 2013. http://edant.revistaenie.clarin. processes of production by workers. com/notas/2008/02/12/01606024. html. Original text: “[…] a Maresca ya Specifically, in 2003, after a number of Endnotes le preocupaban lo suficiente como factory owners fled during the crisis, para transformar esa actividad que se pretendía invisible en el eje de su workers reorganized and began running 1. Mari Carmen Ramírez, Inverted Utopias: instalación.” Avant-Garde Art in Latin America factories at a profit with all workers (Houston, Yale University Press, 2004), 13. Molina. Original text: “infestada de receiving equal wages above the 534. carritos de cartonera” national average.48 2. “Tucumán Arde” translates as “Tucumán 14. Matthijs de Bruijne, personal interview, 8 Burns” March 2012. The ghost of Tucumán Arde 3. “A Decline without Parallel,” The 15. Siebren de Haan, “Liquidacion.org is indeed alive in these visual Economist, February 28, 2002, verkoopt alles Interview met Matthijs representations of the cartonero. The accessed March 1, 2013, http://www. de Bruijne,” trans. Jaime Rhemrev. economist.com/node/1010911. Metropolis M. 2004. want to increase public consciousness 4. James Petras, "Popular Struggle in 16. Matthijs de Bruijne, personal interview, 8 as well as the impulse to destabilize Argentina," Monthly Review 55.4 (2003): March 2012. the site of art exhibition remain intact, 22. 17. Ibid. though the methods have changed. 5. Ksenija Bilbija, “What is Left in the World 18. Cecilia Pavón, “No contaban con mi of Books: Washington Cucurto and the Upon capturing the cartonero through astucia.” Radar, July 5, 2003, accessed Eloísa Cartonera Project in Argentina,” March 1, 2013. http://www.thetqr.org/ the crisis, the subaltern the projects Studies in Latin American Popular Archives/TQR%208%20Int/astucia.htm. Culture 27 (2008): 86. represent is given more agency, 19. Matthijs de Bruijne, personal interview, 8 6. Ibid., 86. even as that of the artist diminishes March 2012. 7. Cristina Reynals, “De cartoneros (Maresca condescendingly observes, 20. Ibid. a recuperadores urbanos” (paper de Bruijne enthusiastically participates, presented at the summit “Respuestas 21. Pavón. Original text: “Matthijs insiste con de la Sociedad Civil a la Emergencia énfasis en diferenciarse de la mayoría de and Laguna inverts the artist/subject Social: Brasil y Argentina Comparten los ‘turistas políticos’[...] hierarchy altogether). Therefore the Experiencias” at the Universidad de 22. Ibid. Original text: Al diseñar el proyecto São Pao de Brasil November 4, 2002), means of representation evolve to lo más importante era que tuviera una accessed March 1, 2013, http:// consecuencia directa sobre la realidad. more collective, less hierarchal models. lasociedadcivil.org/docs/ciberteca/ En general los extranjeros vienen, reynals.pdf. Robert Jacoby, one of the artists sacan las fotos, hacen su documental, 8. Giorgio Agamben, "What is an lo muestran en sus países, ganan su involved with Tucumán Arde, quoted Apparatus?", in What is an Apparatus? dinero y a los cartoneros, ¿qué les Marx in one of his posters: “todo lo And Other Essays. Stanford: (Stanford queda? Nada.” University Press, 2009), 14. sólido se esfuma” or “all that is solid 23. Matthijs de Bruijne, personal interview, 8 9. Ibid., 15. March 2012. melts into air.” The melting or vanishing 10. María Moreno, “El amor, lo sagrado, 24. Ibid. of barriers initiated in Tucumán is el arte,” Radar, June 1, 2008, 25. Matthijs de Bruijne, “Matthijs de Bruijne, realized through the progression of accessed March 1, 2013, http://www. May 2003,” last modified May 2003, pagina12.com.ar/diario/suplementos/ crisis and post-crisis art projects. accessed March 1, 2013, http:// radar/9-4641-2008-06-03.html. liquidacion.org/info.html. Distinctions between artist and subject, 11. Daniel Molina, “Oro mental, belleza y 26. Molina. producer and consumer, production felicidad.” La Nación, July 30, 2006, 27. Fernanda Laguna, e-mail message to

40 JUIS Capturing the Cartonero: Art, Apparatuses, and Collectivity in Argentina / Luke Urbain

author, July 10, 2012. 42. “ARTEBA 2005,” accessed March Maresca.” Translated by Luke Urbain, Ñ, 1, 2013, http://www.arteba.org/ February 12 2008. Accessed 1 March 28. Ibid. arteBA10_web_english/contenido/ 2013, http://edant.revistaenie.clarin. 29. Zavaleta Lab, e-mail message to gallery, ferias_anteriores/2005.html. com/otas/2008/02/12/01606024.html. July 13, 2012. Original text: “gran 43. De Haan. Bilbija, Ksenija. “What is Left in the World of coleccionista del arte latinoamericano.” Books: Washington Cucurto and the 44. Nicholas Bourriad, Relational Aesthtetics 30. Zavaleta Lab, accessed March 1, Eloísa Cartonera Project in Argentina.” (Les presses du réel, 2002), 21. 2013, http://zavaletalab.com/. Orginal Studies in Latin American Popular text: “se encuentran representadas las 45. Ibid., 58. Culture 27 (2008): 85-102. tendencias internacionales que son 46. Nicholas Bourriaud, Postproduction. Bourriaud, Nicholas. Postproduction.New York: efecto de la globalización del discurso (New York, Lukas &Sternberg, 2005), Lukas &Sternberg, 2005. artístico actual.” 19. Bourriad, Nicholas. Relational Aesthtetics. Les 31. Laguna. Original text: “cada caja es 47. Andrea Giunta, Poscrisis: Arte argentino presses du réel, 2002. una obra de arte, tomando al arte en el después de 2001 (Buenos Aires: Siglo sentido de que es la transformación de De Bruijne, Matthijs. Conversation with author, Ventiuno Editores, 2009) 64. Original la vida, del destino. de lo establecido.” March 8 2012. text: La organización espontánea en 32. There are two exceptions to the forma de asembleas, el trueque en las De Bruijne, Matthijs. Conversation with author, absence of photography found in the plazas, y los modos de intercambio April 19 2012. work of de Bruijne. Even though this is y solidaridad que constituyeron el De Bruijne, Matthijs, “Buenos Aires, October not part of his Liquidacion.org project, escenario de la crisis llevaron a plantear 2002.” Liquidacion.org, May 2003. the artist did photograph cartoneros, que las “multitudes” a las que se Accessed March 1 2013, http:// and when these photos were published referían Toni Negri y MichaelHardt en liquidacion.org/info.html. in newspapers or part of art exhibitions, su libro Empire existían en toda su the cartonero received copyright on the expresión insurreccional y organizativa De Haan, Siebren. “Liquidacion.org verkoopt photo and any money associated with en la Argentina. Cientos de miles de alles Interview met Matthijs de Bruijne.” its use. Also, in de Bruijne’s project, an manifestaciones y organizaciones Translated by Jaime Rhemrev. Metropolis extremely truncated, literally marginalized de cooperación en red hicieron M. 2004. figure appears in one photo. possible pensar formas de producción Giunta, Andrea. Poscrisis: Arte argentino alternativas a la lógica del capitalismo.” 33. Agamben, 20-21. después de 2001. Buenos Aires: Siglo 48. Nick Mackie. “Argentina’s Everyday Ventiuno Editores, 2009. 34. Slavoj Žižek, The Fragile Aboslute: Or Struggle for Survival” in BBC Why Is the Christian Legacy Worth Laguna, Fernanda. E-mail message to author, News:World Edition, January 17, 2003, Fighting For? (Verso, 2008), 23. July 10, 2012. accessed March 1, 2013 http://news. 35. Ibid., 37. bbc.co.uk/2/hi/business/2666053.stm. Mackie, Nick. “Argentina’s Everyday Struggle for Survival,” BBC News: World Edition. 36. Matthijs De Bruijne, “Buenos Aires, January 17 2003. Accessed March October 2002,” Liquidacion.org, May 1 2013, http://news.bbc.co.uk/2/hi/ 2003, accessed March 1 2013, http:// Bibliography business/2666053.stm. liquidacion.org/info.html. Molina, Daniel. “Oro mental, belleza y felicidad.” 37. Matthijs de Bruijne, personal interview, “A Decline without Parallel,” The Economist, La Nación, July 30 2006. Accessed March 8, 2012. February 28, 2002. Accessed March March 1 2013, www.lanacion.com.ar/ 1, 2013, http://www.economist.com/ 38. The apparatus of globalization is equally nota.asp?nota_id=827125. node/1010911. evident in the objects themselves, as Moreno, María. “El amor, lo sagrado, el arte.” one can imagine that while found in the Radar, June 1, 2008. Accessed trash in Buenos Aires, their places of Agamben, Giorgio. "What is an Apparatus?," March 1, 2013, http://www. production are geographically disparate. in What is an Apparatus? And Other pagina12.com.ar/diario/suplementos/ 39. Ibid. Essays, Translated by David Kishik and radar/9-4641-2008-06-03.html. Stefan Pedatella. Stanford: Stanford 40. Ibid. Pavón, Cecilia. “No contaban con mi astucia.” University Press, 2009), 1-24. Radar, July 5 2003. Accessed March 1 41. Araceli Viceconte, “Una muestra toma ARTEBA. “ARTEBA 2005.” accessed March 2013. http://www.thetqr.org/Archives/ a la Argentina como vanguardia de 1 2013, http://www.arteba.org/ TQR%208%20Int/astucia.htm. la miseria,” Clarín. March 9, 2004, arteBA10_web_english/contenido/ accessed March 1, 2013, http://edant. Petras, James. "Popular Struggle in Argentina." ferias_anteriores/2005.html. clarin.com/diario/2004/03/09/s-03501. Monthly Review 55.4 (2003): 22-37. htm. Battistozzi, Ana María, “Recordando a Liliana Ramírez, Mari Carmen. Inverted Utopias: Avant-

Spring 2013 41 Capturing the Cartonero: Art, Apparatuses, and Collectivity in Argentina / Luke Urbain

Garde Art in Latin America. Houston: Yale University Press, 2004. Reynals, Cristina. “De cartoneros a recuperadores urbanos” (paper presented at the summit “Respuestas de la Sociedad Civil a la Emergencia Social: Brasil y Argentina Comparten Experiencias” Presented at the Universidad de São Pao de Brasil November 4, 2002). Accessed March 1, 2013, http://lasociedadcivil.org/docs/ ciberteca/reynals.pdf. Viceconte, Araceli. “Una muestra toma a la Argentina como vanguardia de la miseria.” Clarín. March 9, 2004. Accessed 1 March 2013, http://edant. clarin.com/diario/2004/03/09/s-03501. htm. Zavaleta Lab. Accessed March 1, 2013, http:// zavaletalab.com/. Zavaleta Lab. E-mail message to gallery, July 13, 2012. Žižek, Slavoj. The Fragile Aboslute: Or Why Is the Christian Legacy Worth Fighting For? (Verso, 2008).

42 JUIS Patterns of Displacement Colonialism’s Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru by Sandra Zuniga Guzman

his paper offers a perspective on the modern-day effects of colonialism in the Madre de Dios River Basin, located in the Peruvian Amazon. It argues that through an analysis T of the socioeconomic legacies of the colonial economies in this region, it is possible to find patterns in modern-day state policy towards resource extraction and indigenous communities. Drawing on history, politics, anthropology and law, the paper posits that due to colonial construction of the Amazonian space as tribal – a vacuum of development – by the Catholic Church at the height of colonialism, Amazonian peoples have never been fully incorporated into the Peruvian legal framework. In particular, indigenous peoples living in voluntary isolation, such as the Mashco Piro, find their protection marred with obstacles – primarily a legal system that gives precedence to economic development and integration over territorial autonomy.

European colonialism in South of many communities from Brazil to capitalism, but a consistent pattern America during the sixteenth century modern-day Madre de Dios, Peru and, of shifting borders where progress had predictable consequences as elsewhere in the Americas, set in attempts to fight against constructed for native peoples. Only recently motion a chain of events with far- ideas of tribalism. do researchers have a better reaching repercussions, starting with understanding of the ways in a model for modern state-indigenous I. The Case Study which colonialism’s effect on the negotiation and abuse. Since then, the Amazon forced indigenous groups forces of state and market expansion Modern-day Madre de Dios, the into diminishing territories, wiping have created within tribes a culture case-study for this paper, is a region out microcosm civilizations with of accommodation, resistance, flight, in southeastern Peru which borders epidemics and violence. The history of and intertribal warfare.1 For many neighboring states Brazil and Bolivia “contact” in Amazonia is a legacy of indigenous communities in the Peruvian and shares boundaries with the enslavement, punitive actions, forced and Brazilian Amazon, legal abuse Peruvian regions of Ucayali, Cusco relocations and downright ethnocide. and mineral extraction is not the and Puno. Madre de Dios is known for It prompted the dissolution or flight modern brainchild of development and its historical role in the Rubber Boom

Sandra Zuniga Guzman. Sandra Zuniga Guzman is a senior at University of Richmond double majoring in political science and international studies: world politics and diplomacy and a mi- nor in history. An accomplished political advocate, she has spent the last couple of years acting as a research associate for the Council on Hemispheric Affairs, and a Latin American political analyst for Russia Today - Actualidad. She is now completing thesis coursework on a new typology for popular communities around the world, mapping systems of power to support spatial justice for those living in poverty, and hopes to pursue a career in that merges her passions for technology, education and transnational migration policy.

Spring 2013 43 Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

of the 1800s, which resulted in the live in a vacuum. Indigenous peoples in accept the Harakmbut as the earliest demographic collapse of indigenous voluntary isolation like the Mashco Piro settlers of the Madre de Dios basin.6 peoples in the area, explaining why of live in the vicinity of tribes in transition, However, in 1973 Gonzalés del Rio the region’s population of over 90,000 settlements and development projects, found divergent archeological evidence inhabitants only 10% are indigenous.2 such as mining camps, natural gas lines in Lago Sandoval, an area primarily Of the many different communities and logging zones. As a result, even occupied by the Esa Eja people, a made up by original peoples when the communities in Madre de group of Tacana speakers.7 Due to (Harakmbut, Matsigeka, Ese Ejia, and Dios experience greater legal protection the difficulties of resolving the dispute more), the Mashco Piro, of the Arawak than they did in previous decades, they with definitive evidence, both tribes linguistic family, are one of the main still face demographic pressures akin to are believed to be some of the earliest groups living in isolation.3 those of the colonial expeditions. ancestors of the area, as well as some The United Nations Commissioner Thus, this paper seeks to analyze of the first trading communities. for Human Rights defines indigenous how colonialism’s socioeconomic The Harakmbut were soon followed peoples in voluntary isolation as legacies have affected the modern by the Arawak, Pano and Tacana, all “segments of a community that do lives of indigenous populations living named after their respective linguistic not maintain regular contact with the in voluntary isolation in Amazonia, families. Out of the three groups, the majority of the population, and that with a particular focus on the Mashco Tacana language family is the precursor typically avoid most kind of contact Piro in Madre de Dios, Peru. Though to four different languages still in use with peoples outside their immediate an answer to the underlying question in Madre de Dios. However, it is best group.”4 Though there are still some might seem evident given the historical known for the Esa Eja language and tribes in the world believed to have ramifications of displacement and the tribes that take its name. Now had little to zero contact with modern traumatic initial contact that pushed numbering close to 1,500, most Ese society, the Mashco Piro tribe has many communities into isolation in Eja settled in what are today nine titled had periods of contact followed by a the first place, the paper will also try communities widely dispersed along return to isolation. While self-imposed, to unravel the social legacies that the Madre de Dios rivers and their the role of isolation for indigenous permeate the system through which tributaries in the border areas between communities like the Mashco Piro is these communities are protected Amazonian Peru and the Beni region of less a voluntary option and more a today. The intended result is to expose Bolivia.8 The Arawak community, which strategy for survival. Understanding this the legal gap left behind from a lack settled in the watershed areas between is important in establishing a distinction of normative protection process for the Madre de Dios and Purús river between two different indigenous indigenous communities in isolation. basins near the border of Brazil, had groups: those that given their level of some Mashco Piro tribes, which to date vulnerability have never been contacted, II. Understanding live in relative isolation.9 and those that given certain developed History, Geography, and Overall, few details can be found in interactions and relationships with the Economies of Madre regards to the complex relationships society have decided to return to a de Dios, Peru built by these different communities. state of isolation.5 However, even in Early cultural remains found in paths isolation, these communities do not Most scholarship continues to between Madre de Dios, Peru and

44 JUIS Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

Beni, Bolivia have helped researchers Aymara tribes, many of which chose boom begin a legacy of displacement infer that pre-Incan cultural groups in to spurn any contact with Andean and enslavement for native populations. these two Andean nations were linked indigenous communities.14 As with other regions of Peru, the together in mutual trade.10 Perhaps one economic history of the Amazon, of the more important details of this A. The Rise of Colonialism particularly Madre de Dios, has been time period was the early establishment and the Early Rise of characterized by a series of booms and of Incan coca plantations in valleys near Modern Mineral Extraction busts caused mainly by fluctuations the Madre de Dios region. The success in world prices and demands for new of Inca coca planters in the area was While the Portuguese had already materials. In the case of rubber, early only superseded by rumors of mineral arrived on the Brazilian coast in extraction in the 1880s was for the deposits in the Amazon. This spurred 1500 and initiated major devastating consumption of Europe and the United Inca warriors to penetrate the waters changes to the Amazon Basin, the States.17 After 1894, when high-quality of the Araza, Marcapata and Inambrai Peruvian Amazon had a relative respite reserves were discovered, migration rivers in search of gold deposits.11 Their from colonization until around 1589. flowed into the country continuously for expeditions supported the creation Epidemiology records show signs of the following 30 years, making Madre of trade networks between the Inca contact in 1589, when smallpox and de Dios one of the more profitable and the Harkambut and Ese Eja measles epidemics wiped out close locations for foreign investors at the communities.12 to 10% of the Jícaro of Tahuarzongo turn of the century.18 While most Inca explorers sought and Bracamoro tribes.15 Early attempts One of the main men responsible gold, commerce in Madre de Dios to colonize the Amazon started soon for the rubber trade in Madre de was based on native bird feathers and after the conquest of Peru, but an Dios was Carlos Fermín Fitzcarrald, Amazonian animal skins in exchange inhospitable landscape and constant considered by historians the leading for Incan bronze axes. For many attacks from tribes in the region led to rubber baron to establish camps in the researchers of the 1970s, like Daniel a fast retreat. Subsequently, for most basin.19 His methods displaced many Gade and Alejandro Camino, the of those early years of colonization, indigenous communities and even autonomy of most trade groups from there was a set boundary between forced some into isolation. The Mashco the Madre de Dios basin underlines the populations in the Andes and the Piro and many other tribes now living some of the first isolationist tendencies Amazon, with most contact centered in voluntary isolation were witnesses to to be employed by communities as a on the trade of gold and coca leaves – the presence of the rubber barons like survival mechanism.13 In fact, what little an extension of trade between the Ese Fitzcarrald on their territories. They were is known of trade patterns in the region Eja tribes and the Inca Empire.16 More victims of massacres, raids and slavery. shows that pre-Hispanic intermediation successful than early explorers were Among one of the better documented along the Andes may have polarized missionaries, who eventually also halted encounters in the Madre de Dios region interactions between Takana-speaking their explorations after barely surviving is the one between Carlos Fermín peoples. The Inca Empire’s reputation constant attacks from indigenous Fitzcarrald and the Mashco Piro tribes of wealth encouraged the Ese Eja tribe tribes. The geographical isolation of the near the Manu River. A retelling of to establish regular exchanges with Inca Madre de Dios basin helped conserve oral history by Dominican missionary traders. On the other hand, rumors of its varied flora and fauna well into the José Alvarez in 1951 features the first Inca conquerors instilled fear into the 1800s, when the rise of the rubber encounter between the two groups:

Spring 2013 45 Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

genocidal murder of the Bora and incorporation and forced integration “The Mashco alarmed at the Uitoto peoples by a particularly cruel progressed in such a way that it has multitude of men from Ucayali who were rubber baron’s henchmen.22 Though marked how populations in Peru see invading their lands, sent a grandiose the scandal acquired mass international each other to date. Since the conquest, and select mission of their most ugly attention, little was done to prevent this distinction has separated the and ferocious captains to request that large-scale exploitation of indigenous people of the Andes and westward to the Wiracocha go no further along lands and bodies. the sea, the indios, from those who the Manu River because they would Instead, nearly a century later, the lived in the east of the Sierra and in frighten away the monkeys they hunted ecological impact of the rubber boom the Amazonian plains, the natives.24 and bring with them cold infections. simply transitioned to another boom in In the eyes of the Peruvian state, the Fitzcarrald replied via an interpreter that coca cultivation and timber exportation. differences between these two groups if the Mashco opposed him he would Stories on the rise of rubber extraction have never been ethnic or ecological. give them a good thrashing, right down in the region have helped researchers The intrinsic differences have to do with to the tiniest baby….”20 better understand why some their integration into the sociopolitical indigenous populations, like the Mashco system of Peru, with Andean Many similar acts of brutality against Piro, were pushed into isolation. Diary communities being more integrated and native communities were tied to the entries by missionaries and explorers considered more Peruvian by virtue of rubber trade. Spaniards, much like their show how the demographics and their historical recognition as criollo, or Portuguese counterparts, captured ethnic landscape of the region and the nationalist. What made the communities youth and women to provide slave labor country were continuously disrupted of the Amazon different in the eyes of for rubber plantations, killing most adult by greed and violence. To satisfy labor the Catholic Church was their fiercely males to prevent uprisings.21 needs, indigenous peoples from other independent nature and linguistic The story of the rubber boom in parts of Peru migrated into the area, autonomy. Today, these are the same Madre de Dios accentuates how the further displacing local groups that were factors that keep indigenous peoples actions of the Peruvian state during decimated, enslaved, or dispersed. in voluntary isolation; isolated not just colonialism and post-independence As expected, the rubber barons left physically, but socially and legally from have been arbitrary and profoundly soon after the decline in the price of the government in Lima, ensuring that unpredictable in providing protection rubber. Many moved to Brazil, where their protection is never as members from legal and economic brutality. trade grew around World War II.23 of the Peruvian state. Understanding State intervention in Amazonia However, their legacy of aggression the role of the Catholic Church in has often followed on the heels of left behind deep-rooted fears among colonial Peru, then, gives insight into particularly brutal actions from foreign tribes now living in isolation, who see its powerful position within modern entrepreneurs. Unfortunately, many in the current boom of timber and gold politics, as well as its penchant for of these entrepreneurs still managed new signs of possible displacement and promoting the integration of indigenous to operate under the law due to their exploitation. peoples in voluntary isolation into economic influence over government Peruvian society. actors in Lima. For example the B. The Church In fact, missionary activity infamous Putumayo rubber boom was undertaken alongside rubber scandal of 1907 surfaced with wild The Church’s support of the extraction as a way to acculturate allegations of brutality, slaving and state’s desire to create a culture of the Amazon’s natives to the new

46 JUIS Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

socioeconomic system blossoming Institute of Linguistics (SIL) with the made it difficult to incorporate the on their lands. Starting with the first support of the Peruvian Ministry of indigenous communities of Amazonia Dominican mission near the Manu Education and Ministry of Health. For into the legal framework of centralized River in 1908, which was aimed at years, SIL attempted to make contact Peruvian politics. A poorly developed the Matsigenka and Yine populations with populations under the guise of institution even for those portions working for rubber companies in documenting native languages and of the population with direct access the area, missionaries partnered cultures.27 Instead, SIL unleashed a to it, Peruvian law and the position with rubber barons to get closer renewed zeal for mission work in the of isolated tribes within the legal to indigenous peoples.25 By 1911, region, which brought more intrusive framework is representative of the missionaries had used rubber barons and dangerous evangelical missions larger indigenous question of Amazonia. to get close to the Ese Eja people. like the Pioneers Association.28 By Physical evidence left behind, as well Continuous expeditions all followed a the early 2000s, reports of attacks on as reports of contact and photographic similar pattern, with Dominicans trying missionaries at the hands of indigenous evidence is what ensures protection for to forcefully incorporate indigenous peoples in voluntary isolation isolated tribes. Their lack of contact, communities to colonial society. encouraged Peruvian organization though, makes them distinctive, even Unfortunately, missionaries did not FENAMAD to investigate the missionary more than their settled, contacted take into consideration the different practices of proselytizing groups.29 counterparts. alliance and settlement patterns that What they found were actions that put shaped inter-ethnic relationships. These indigenous communities in isolation at III. Modern State early attempts at forced contact and risk. Attempts at contact had included of Indigenous incorporation disrupted the livelihoods the trailing of shiny objects and clothes Populations in of communities and exposed many to attract isolated tribes to settled Voluntary Isolation to measles and malnutrition. Families communities, exposing isolated tribes fled to avoid murder at the hands of to disease and other local communities When speaking of the isolated tribes missionaries and rubber barons and, to attacks from angry isolated tribes.30 in Madre de Dios, Glenn Shepard, an in turn, missionaries suffered through anthrobotanist from Brazil, described attacks from indigenous populations in C. Analysis: Isolation and the Mashco Piro’s history of contact retreat. Incorporation to National Geographic as “always Christian churches continue to fraught with the fear of violence and influence the region. Similar patterns Historically, Amazonia has long exploitation.”32 With a population of attempted contact were most been presented in Peru’s official, estimated in the hundreds, the Mashco prevalent during the 1990s, when religious and elite discourse as a vast Piro are among 15 isolated tribes Protestant and Catholic ministries and empty frontier simply awaiting still roaming the Peruvian Amazon. renewed efforts in Madre de Dios. national incorporation. As a result, Once considered the Amazon’s most While colonial missionaries belonged cultural citizenship, defined by cultural implacable warriors in the archives of to the Catholic parish, by the 1980s, anthropologist Renato Rosaldo as “the oral history, they have resisted contact Protestant churches were encouraged right to be different and to belong, in and subjugation for generations after to proselytize in Manu River region a democratic, participatory sense,” most of their tribe was slaughtered where Mashco Piro tribes reside.26 They is not yet well developed for Peru’s on the upper Manu River in 1894 by worked under the name of the Summer Amazonian departments.31 This has a private army employed by rubber

Spring 2013 47 Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman kingpin Carlos Femin Fitzcarrald.33 The of the earth has been peeled back,” in the Amazon. In the greater region, survivors made a new home in the leaving behind arid brown dust and not in 2007, protective measures were impenetrable reaches of the western a speck of green.35 There seems to be requested for the Kugapakori, Nahua Amazon’s upland forests, areas now little sign of expansion slowing down in and Nanti peoples, who live in isolation protected by the Peruvian government the near future. The region of Amazonas and were affected by the construction as natural reserves. is in the lead for concessions given of the Camisea natural gas project in More recently, though, the Mashco to companies, expanding from 1.16 the Ucayali regions in the south and Piro have made the news within the percent of its territory in 2002 to 7.6 east of Peru.40 These are not unlike last year as outsiders begin to pry their percent in 2008.36 In Madre de Dios, the the petitions made in the same year way deeper into these last redoubts increase alone was from 2.44 to 6.56 in defense of the indigenous groups in pursuit of timber and minerals. percent during the same timeframe.37 living in voluntary isolation in the Sightings of nomadic Mashco Piro Outside of individual enterprises, northeastern region of Loreto – the along major waterways in the dense the main operations in Madre de Dios Waorani, Panannunjuri and Aushiri – forests bordering Manu National Park are small Canadian companies that all of whom were threatened by the have only been trumped by reported are conducting exploration to later activities of petroleum corporations attacks from by them against civilians negotiate their discoveries of precious Barrett Oil and Repsol.41 In both cases, in October and November 2011.34 Both metals with larger transnational groups sought the long-term protection bring attention to the pressures exerted corporations. With mining representing of the community, its territory and by mineral extraction, logging, and close to 60% of Peru’s main exports, culture, and the natives’ right to live territorial displacement. there is almost no built-in incentive for in a healthy environment. This is akin the Peruvian government to promote to the requests of communities in A. Mineral Extractions and more stringent regulations.38 In a Madre de Dios and the needs of the Health Concerns way, Amazonia is considered by the isolated tribes in the area. In contrast Peruvian government as an antidote to these other cases, however, the Considered one of the most bio- for economic underdevelopment. The isolated tribes in Madre de Dios have diverse places on the planet, the government gives incentives for private an aggressive and immediate health rainforest in Madre de Dios is rapidly investment in the mountains and in the concern: mercury. being cleared to make way for mining jungles "because it has to start with Artisanal gold mining worldwide is camps. This leaves native populations something to promote development in responsible for one-third of all mercury vulnerable as migrant populations those areas," as the president of the released into the environment – push them deeper into forests or off Council of Ministers, Jorge del Castillo approximately 1000 tons per year.42 The their land. In fact, despite its economic explained to national newspaper La Madre de Dios region alone produces significance, gold mining is undertaken República.39 As a result, complaints over 70% percent of Peru’s artisanal with little planning. The application of from indigenous communities are seen gold production.43 Here, miners use technology is inefficient at best, with as attempts to curb national progress. mercury to process the gold dust, little to zero reinvestment and taxes This political illegitimacy hurts which then pollutes rivers and the for the region’s treasury. Huepetuhe’s their claims in courts of law. Still, area’s food chain. In fact, as of 2009 land, one of the oldest mining camps since 2004, the number of complaints Peru was importing mercury at a rate of in the region, has been described by from indigenous populations against 130 tons per year, over 95% of which reporters as looking as though “the skin extractive industries has multiplied is being used directly in artisanal gold

48 JUIS Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

mining within the country.44 This creates Sustainable Uses of Natural Resources seeking new forest areas that offer an enormous potential for mercury of 1997 established requirements for timber species of high commercial exposure to miners and those living ecological and economic zoning to value. within the surrounding area. organize and exploit resources, the As Emilio Moran explains in The Studies hosted by Dr. Katy Ashe result was less than optimal.47 The Dilemma of Amazonian Development, from the Department of Civil and law hired researchers from Peruvian though, logging alone is not to blame Environmental Engineering at Stanford universities to explore the area. for the destruction of forests.51 The University showed a higher than Researchers first delivered a systemic side effects of logging ultimately spell average concentration of mercury in the mapping project that exposed the doom for virgin forests. The cutting human populations of Madre de Dios.45 districts of Tahuamaru, Iberia and of valuable hardwoods will eventually Furthermore, the location of Madre de Iñapari as potential areas for forestry deplete certain species, but can also Dios at the headwaters of the Amazon development in Madre de Dios.48 As the leave trails which trucks or other basin makes it a hub for mercury price of mahogany rose again, loggers means of transport use to penetrate diffusion throughout a major portion of invaded most of the mapped out areas, the wilderness. In some cases, these the Amazon’s rivers and, ultimately, the including a few zones inhabited by are the precursors to transportation world’s oceans.46 indigenous peoples living in isolation. development projects. For example, Though not part of the study, By October 1999, the Peruvian Timber in the southern region of the Peruvian indigenous peoples living in voluntary Corporation had denounced the logging rainforest of Madre de Dios, the isolation can be expected to have company “Industrial Tahuamanu” for construction of the new Inter-Oceanic equally strong indicators due to their illegally felling mahogany in the province Highway linking Brazil and the Pacific diets, which include riverside turtle eggs from which it derived its name.49 The Ocean is changing the deforestation and fish, both frequently consumed for resultant disclosure of the corporation’s patterns in the rainforest.52 The new nutrients. Similarly, their encampments activities showed a history of illegality, highway is helping to reduce near rivers, where fishermen sight both in terms of players, conflicts and transportation costs, improve them and their landmarks, put many organizational processes. It is believed communication, create markets, and isolated tribes at a greater risk. This is that towards the end of the 1990s, promote development in the region.53 especially the case for the Mashco Piro, hundreds of mahogany and cedar However, the highway will also whose travel is seasonal and based on trunks coming from forests inhabited by provide more accessibility to forest accessibility to rivers. Given their higher isolated tribes were being transported and natural resources, making them levels of vulnerability, mining camps daily towards Puerto Maldonado. On more vulnerable. Spontaneous settlers do not simply pose a demographic average, three logging vessels per day will take advantage of transport pressure upon isolated tribes in the were being transported during summer accessibility to harness available land, area; they also pose a health hazard months, each with the capacity to carry clearing it for crops, housing, or mining. that constantly contaminates their close to 5,000 feet of timber.50 In the In fact, today commercial logging is not waters and food. early 2000s, new forestry laws were the only contributor to deforestation implemented in Madre de Dios, adding in the region. Forest conversion in B. Deforestation and a layer of protection to forests. Still, the the mining zones surrounding Puerto Development forests of Madre de Dios are now in a Maldonado has increased six-fold serious situation, primarily because the from 2003–2006, leading to a current Even when the Organic Law on the vast majority of loggers are constantly mining-related deforestation rate of

Spring 2013 49 Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

1,915 hectares annually.54 Studies migrants often occupy land of existing left alone. These signs are distinct derived from combined NASA satellite concessionaires (forestry, Brazil nuts proof that isolated tribes live near imagery spanning six years with or ecotourism concessionaires), thus the intended path of this road. While economic analysis of gold prices and contributing to social tensions. the development on its own would mercury imports document the newer Today, findings by Peru’s be disruptive to the lives of these forces responsible for deforestation in Department for Protected Areas prove communities, the road would ultimately Peru’s biologically diverse Madre de that the lives of isolated tribes would be facilitate entry into their lands for Dios region.55 Roughly 7,000 hectares, directly threatened by a new highway loggers and miners eager to stretch or about 15,200 acres, of pristine project and the resultant migration that into unexplored territory – putting forest and wetlands were cleared at could stem from its construction.58 The populations in danger of contact, disease and attack.

C. Tourism, Hunters and ...the codified historical impact of illness Vulnerability on demographic collapse continues to be ignored by groups that capitalize on the A land with wide, slow rivers and friction between “progress” and “tribalism.” beautiful lagoons surrounded by vast vegetation, Madre de Dios has some of the most diverse resources of the Amazonian jungle. For the indigenous and non-indigenous populations living two large mining sites between 2003 road would cut through Peru’s largest in the settlements adjacent to the and 2009, with a dramatic increase reserve for indigenous peoples living territory of isolated tribes in Madre de in deforestation occurring in the last in voluntary isolation. The situation is Dios, hunting, fishing and gathering are three years.56 According to Dr. Jennifer reminiscent of the completion of the still important subsistence practices. Swenson, an assistant professor of El Triunfo-Iñapari stretch of highway Loggers, traders and fishermen take geospatial analysis at Duke University’s and the construction of the bridge over advantage of the Upper Tahuamanu Nicholas School of the Environment, the Tahuamanu River, which facilitated River, particularly for tortoise eggs, "In addition to these two large sites, the entry of loggers into reserves of which can be sold at a premium or there are many scattered, small but mahogany during the late 1990s.59 consumed for high-nutrient proteins. expanding areas of mining activity The effects of the two mentioned Though the activity is prohibited, many across Madre de Dios that are more developments were catastrophic for still partake in the raids for tortoise difficult to monitor but could develop indigenous peoples in isolation in the eggs because of their premium price rapidly like the sites we've tracked Tahuamanu district. This historical in the market. However, many isolated over time."57 Much of the deforestation pattern could now repeat itself if tribes like the Mashco Piro base their visible in the satellite images has the new Inter-Oceanic Highway is travels around seasonal river changes, been caused by unregulated, artisanal successful. Already, barriers of broken including the gathering of tortoise eggs mining by miners who are often among branches found across pathways close during the summer months, causing the poorest and most marginalized to the proposed route characterize unexpected contact between local members of their society. The new the desires of isolated tribes to be fishermen and hunters with indigenous

50 JUIS Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

people in voluntary isolation. While lives in the Manu National Park, which an intense traffic of commercial and the consequent scarcity of fish and borders Diamante, a community of tourists' boats."67 These experiences wild meat in the last several years is more than 200 people.63 Although it is show that even though natural a serious concern for isolated tribes, not known what continually provokes protected areas have strict access the use of dynamite and biocides by the Mashco Piro clan to leave the restrictions, these still do not guarantee commercial fishermen and hunters relative safety of their tribe’s home, any protection for the physical and is particularly devastating. In the Las anthropologists working for INDEPA, cultural integrity of indigenous peoples Piedras Rivers, where the number of Peru’s agency for indigenous affairs, in isolation. fish has been considerably depleted speculate that their habitat is becoming in the last three decades, indigenous increasingly less isolated.64 The IV. Law and Actions to peoples in voluntary isolation are at risk pressures of fight or flight are difficult Current Actions to of food shortages and disease.60 to assess for a warrior community with Protect Isolated Tribes The beautiful landscape of Madre an oral history that marks contact as an de Dios, along with its diverse fauna inherently painful process. This section will focus on select laws and flora, make it a key destination for Historical patterns do not make this and legal history integral to discussions tourists looking to experience a slice the first time contact has been forced around indigenous peoples living in of jungle life. Increased encroachment by curious explorers, missionaries and voluntary isolation and those in initial from loggers and low-flying aircrafts hunters upon indigenous populations contact. In particular, this section will from nearby natural gas and oil in voluntary isolation. Alas, it is seek to demonstrate the existence of a exploration in the region have changed unfortunate that the codified historical legal gap in Peruvian and international some of the seasonal nomadic patterns impact of illness on demographic law to best support the rights of of the Mashco Piro. They now wander collapse continues to be ignored by isolated tribes. more often to the banks of rivers, where groups that capitalize on the friction Peruvian authorities struggle to keep between “progress” and “tribalism.” As A. Peruvian Law outsiders away, particularly safari tours recently as January 2002, a local tourist that have mapped out key sights for group made contact with indigenous As touched on above, the ethnic contact.61 For these safaris, tribes in populations living in the middle basin question in the Amazon was tied to the the area have become a primary tourist of the Piñi Piñi River.65 The gifts given evolving nature of state organization attraction. Subsequently, the Huarayos, by the visitors were followed by an during and shortly after colonialism. Mashco Piros, Amahuacas, Yamnahuas, outbreak of respiratory illness among Until the arrival of the colonists, land Amaracaes and Machiguengas are the indigenous population. The pattern in the Peruvian jungle was not defined tracked down for the economic was repeated in July of the same year.66 strictly in terms of property, and even benefit of tour guides willing to exploit FENAMAD, a proindigenous, human less as agricultural property, which is at their “tribalism” for curious American rights organization working in Peru, the core of the legal debate over land in tourists.62 The issues presented by states, "There's great concern because Peru. With independence, this question tours are particularly difficult to regulate the Mashco Piro are very vulnerable. over land did not change. The Peruvian because of the ways in which borders In addition to their susceptibility to government did not consider natives and reserves are utilized to protect common diseases and epidemics, in the Amazon owners of land, but isolated tribes. the sightings are occurring in an area occupiers of territories. For the state, For example, the Mashco Piro tribe of open-river transit where there is this occupation did not generate any

Spring 2013 51 Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

economic or political value. This, added full access to land management, social to overcome indigenous autonomy to Peru’s notions of difference between arrangements and market productions through legal channels.70 Andean indigenous communities and in the area, all while attempting to force Peru was not alone. The concept Amazonian indigenous communities, the Amazonian departments to become of integration was a well-established allowed for overly permissive policies more like their neighbors in the Andes. legal framework for other Amazonian states, even when it came to dealing with indigenous peoples in voluntary ...even though natural protected areas have strict isolation. Throughout the 1970s, access restrictions, these still do not guarantee Brazilian organization FUNAI partook any protection for the physical and cultural in activities to attract isolated tribes integrity of indigenous peoples in isolation. near Acre, Brazil, located close to the border with Peru.71 Policies that pushed for forced contact and national incorporation resonated withthe to promote resource extraction. It This attempt at legal organization Peruvian state. FUNAI was allowed wasn’t until the mid-1950s that the was less than conducive to the to work unregulated as close to the Peruvian state first referred to Amazon community unification of the Peruvian border as it wished. The results were communities as “jungle tribes,” state. Instead, it fragmented peoples of devastating for indigenous populations acknowledging any of them as a the Amazon into small units, each with in Peru and Brazil, which suffered collective body, and began to legislate its own channel of communication with through invasion and disease. on the need to set aside lands for them, the state. The “legal” reproduction of Only recently has law respected mostly to guarantee their subsistence.68 existence for indigenous communities the concept, albeit not the practice The fact that this change in policy was in the Amazon, then, has always of autonomy for indigenous around the same time as the rise of the been based around policing their peoples, particularly those living international human rights regime is no modes of autonomy, movement and in isolation. Passed under the coincidence. organization. By implementing legal, Fujimori administration, Article 89 in Even with these changes, organizing economic and social borders, the the Peruvian Constitution of 1993 in the Amazon did not engage both the Peruvian state prevented communities confirms that peasant communities state and national society until after the from acting communally, even when and natives have the right to legally 1968 military government. It was this written law permitted it. Instead, the exist.72 It establishes their position government that first introduced the state’s new organized units system as persons with full considerations term “native communities” into legal for natives demanded that indigenous under Peruvian law. More importantly, discourse.69 Unfortunately, as with most peoples access the centralized the 1993 Constitution recognizes the laws and organization of the Amazon, government directly, forcing them to concept of autonomy for indigenous the change in discourse followed the integrate to the Peruvian constitutional organizations, and further distinguishes same pattern of colonial engagement. framework. Consequently, when the their rights by making all property The “native community” model was Peruvian Constitution of 1979 made ownership communal as opposed to based on the similar Andean model Spanish the official language of Peru, individual.73 While this constitution of indigenous organization. Thus, the the organization of communities as marked a new legal framework for Peru, government in Lima continued to have centralized units allowed the state it did not promise much for indigenous

52 JUIS Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman populations in Amazonia. Even when indigenous peoples into society Purús Reserved Zone and the Cordillera the Fujimori government instituted through land-reform, beginning a Azul National Park, were created several programs that purportedly difficult process of communal titling. through proposals that did not actually benefited indigenous peoples, all of As Miguel N. Alexiades explains, mention indigenous communities in these still tried to integrate them into though, governments and people the region.78 Even today, when both Peruvian society, disrespecting any sign shape consciousness through laws of these parks are known to contain of desired autonomy and giving these that assume “that people who have vast tracts inhabited by isolated tribes, organizations little economic support. permanent and exclusive rights to neither is mandated by law to make For example, the 1993 Constitution land and resources are more likely tribal subsistence a priority over park set up the less than successful, though to manage resources sustainably utilization. This example truly underlines highly reputable Defensoria del Pueblo in the long-term.”76 Work by Brad the Peruvian state’s consciousness (National Ombudsmen), which became Coombes, Kay Johnson and Richard around protecting indigenous peoples. active in publicizing human rights Howitt support the same point, Though these reserves should be abuse among indigenous communities. stating that “the emergence of policy protected to respect the territorial It went on to promote a successful orthodoxy in South America in which autonomy of isolated tribes, they are media campaign in the early 2000s it is assumed that affirmation of Naïve used as biological stations, many open and even founded a special program title will protect Indigenous peoples to external presence from both curious dedicated to defending the collective from resource extractive industries” is tourists and concerned scientists. rights of indigenous communities and far more focused on the concept of indigenous lands.74 Under its support, creating a post-neoliberal utopia than B. International Law the early 1990s were a blossoming era actually achieving long-term protective for the Amazonian national land reserve measures that work.77 Certainly, the The legal vacuum further isolating system in Peru. Since its inception, PETT did not provide an alternative for the Mashco Piro and others like them however, limited fiscal resources have indigenous communities, especially has not yet been filled. Most recently, stymied its effectiveness.75 As a result, those in isolation. the Peruvian Congress passed a law the organization did not signal any In fact, the PETT, alongside to update the “prior consultation” substantive deviation from the previous National Ombudsman, marked the clause in the International Labor pattern of incorporation policy that creation of boundaries for Peruvian Organization’s (ILO) Treaty 169. While puts first development and civilizing indigenous peoples under modern there are other treaties in regards to projects. More importantly, all efforts to law. The Peruvian government saw a indigenous peoples, this ILO convention support indigenous communities are rise in the amount of land set aside is the only binding international treaty geared towards settled communities, for conservation during the 1990s. for the Peruvian state that recognizes making contact a prerequisite for civilian It is important to note, nevertheless, the legal rights of indigenous peoples standing and leaving behind a legal that the rise of land reservations as supported by the Indigenous vacuum for those living in isolation. was not inherently tied to indigenous Human Rights Charter of the Andean Similarly, the Proyecto Especial peoples living in voluntary isolation. Community.79 But, even though the de Titulación de Tierras (PETT), or At the moment of their inceptions, treaty is binding, it isn’t all-inclusive. the Special Project for Land Titling, many Protected Natural Areas (PNAs) The updated law passed in March asked for a different kind of legal overlapped with the territories inhabited 2012, and focuses on implementing existence for indigenous communities. by indigenous peoples in isolation, regulation that would require prior The law focused on incorporating albeit the grand majority, like the Alto consultation of indigenous peoples

Spring 2013 53 Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

on mega-projects in areas directly land. foreign corporations and even local affecting their lands. By default, governments. Without an independent prior consultation refers to the need V. Conclusion body to stress their autonomy, of state governments to discuss or internationally and locally, they are at consult indigenous communities on The creation of extractive and the mercy of state protection. development projects and other actions industrial spaces in indigenous Currently, the only mode of to be taken on their lands. The law territories is not recent, but the result protection available for isolated tribes has generated much conversation of an early colonial economy that set a is the reservation system. It should and debate about when and how prior precedent for poor indigenous territorial be noted again that the Protected consultation should take place and and political autonomy in the region. Natural Areas (PNAs) system has never who should be consulted. None of Since its inception, Amazonia has pretended to be inclusive of indigenous these questions have been answered, suffered through its conceptualizing as needs. Instead, it has aimed to appease especially the question of what should a frontier – an area awaiting progress the demands of international bodies happen when the people that might and development. Its vast mineral and local organizations concerned be affected by a potential project have resources continue to make it the over the decimation of the Amazonian a right not to be contacted, thereby playground of corporations and legal landscape at the hands of mineral making prior consultation impossible. stand-offs. Its people, much like its extraction and logging. The inception Most Peruvian laws focus on land, are considered by the modern, of these as PNAs marks their primary integration and demand contact independent Peruvian state to await role as natural reserves, which were – whether that is by extending or incorporation, even as laws created then forced, only by extension, to leveraging negotiations between to appease the international regime ensure the isolation of tribes like the the state and native communities try to maintain an air of respecting Mashco Piro. Though international law in the Amazon. Like its historical autonomy. Without much support for seeks to romantically tie the existence predecessors, this law is no different. settled indigenous communities, it is of indigenous peoples to that of the While there is a clause that states no not surprising that a legal gap exists to environment in ILO 169 and even the coercion must be implemented during support indigenous peoples in voluntary Indigenous Charter of Human Rights, at the consultation process, the new law isolation. Unfortunately, this gap will its core, the message is clear: without also has a clause that affirms that all remain so long as the Amazon and its making contact, indigenous bodies, negotiations must happen between the people are defined by their otherness particularly those of isolated tribes, state and indigenous organizations, and not by their legitimacy as Peruvian are primarily considered extensions following the same concept of citizens. of the land. Subsequently, their value organized indigenous units that marked The question of protection for is based on something other than the 1970s.80 In addition, while this new indigenous peoples living in voluntary their basic existence as peoples. law demands consultation between isolation is peppered with hurdles, This objectification and exoticism state and indigenous agencies, it does starting with their uncontacted status. undermines the legitimacy of indigenous not ensure accountability. Since the While other indigenous communities peoples as members of the Peruvian state regulates itself, as well as the now have an opportunity within state. It is no wonder that the PNA process, the state can veto indigenous the legal framework to voice their system has facilitated unwarranted demands. As a result, once again, the discontent, isolated tribes remain in a contact and the decimation of more state can use the neo-liberal process legal and physical island, surrounding land as created parks are easily of consultation to appease international by social landmines – local contacted available to scientists and foreigners, law without giving up concessions to tribes, miners, loggers, extractivist all in the name of research and

54 JUIS Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman development. protection of isolated tribes, it seems 9. Ibid. In fact, this paper conclusively like the only answer would be to 10. Huertas Castillo, pg. 25-26. argues that by creating such establish a special legal system for 11. Ibid. boundaries, Peruvian law set a indigenous peoples living in isolation. 12. Ibid. precedent that has allowed its laws In a perfect scenario, then, there 13. Alexiades, pg. 227. not to acknowledge the historic role of would be an independent legal body 14. Ibid. mobility in the creation of indigenous responsible for coordinating actions to 15. Ibid, pg. 88-90. culture – particularly the role of protect these peoples. Unfortunately, all 16. Alexiades, pg. 224-226. spatial mobility in defining freedom such attempts to date have failed. As a 17. Emilio F. Moran, Developing the Amazon, (Bloomington: Indiana University Press, and opportunities for diversified result, the fragility of isolated indigenous 1981), pg. 63-66. sustenance. If anything, the creation of groups in the face of contact remains 18. Ibid. borders has facilitated the semblance on the frontier of human rights work. 19. Alexiades, pg. 225-226. of ‘protection,’ while allowing the Their evolving narrative provides us 20. Quoted in Moran, 1981, pg. 69-70. Peruvian state, corporations and with a final glimpse at the eternal battle 21. Ibid. inmigrants to exert control over lands between development and cultural and 22. Bartholomew Dean, “State Power outside of this delineation. This relative biological diversity, reminding all who and Indigenous Peoples in Peruvian Amazonia: A Lost Decade, 1990-2000” protection, then, makes it easier for witness it of the promises made through in The Politics of Ethnicity: Indigenous the Peruvian government to pretend history and law to protect human lives Peoples in Latin American States, ed. Lewis-Maybury, David, (Cambridge, it is respecting international law and and cultural integrity. Massachusetts: Harvard University indigenous autonomy. The PNA’s poor Press, 2002), pg. 202. management, however, is equally Endnotes 23. Emilio F. Moran, “Part 1: The Human Dimension of Amazonian Development” catastrophic, as PNAs are not even in The Dilemma of Amazonian owned by any of the isolated tribes, 1. Miguel N Alexiades, Mobility and Development, ed. Moran, Emilio F., Migration in Indigenous Amazonia: (Boulder, Colorado: Westview Press, but by the Peruvian government, Contemporary Ethno ecological 1983), pg. xv-xxi. which retains full control over the land. Perspectives (New York: Berghahn 24. Ibid. Books, 2009), pg. 25-26. Since the state can regulate itself, 25. Huertas Castillo, pg. 74-75. 2. Hilton Silva do Nasciemento, “Los the process is marred with structural Pueblos Indigenas Aislados de la 26. Ibid. inefficiencies. As this paper has shown, Frontera Brazil-Peru: Nuevas Amenazas 27. Remy, pg. 119-121. y Desafíos para la Garantía de sus in a competition against state wealth, Derechos,” Mundo Amazónizo 2 (2011): 28. Ibid. isolated tribes lose repeatedly to pg. 178. 29. Silva do Nasciemento, pg. 178-182. corporate interests. 3. Ibid. 30. Ibid. At the end, it seems as if the only 4. UN Office of the High Commissioner 31. Quoted in Dean, pg. 199. for Human Rights, “Directrices de way of closing the legal vacuum that Protección para los Pueblos Indígenas 32. Quoted in Scott Wallace, "More persists over the indigenous question is en Aislamiento y en Contacto Inicial de Sightings, Violence Around Uncontacted la Región Amazónica, el Gran Chaco y Tribes – News Watch," News Watch almost impossible. This paper started la Región Oriental de Paraguay,” Ginebra - National Geographic News Blog, with a mission to expose the historical (2012): pg. 5. http://newswatch.nationalgeographic. com/2012/01/31/mounting-drama- and modern day abuses against 5. Ibid. for-uncontacted-tribes/ (accessed indigenous communities in the Madre 6. Beatriz Huertas Castillo, Indigenous November 24, 2012). Peoples in Isolation in the Peruvian de Dios region, it feels inconclusive not 33. Moran, 1981, pg. 69-70. Amazon, (Copenhagen: IWGIA, 2004), to provide any alternatives. However, pg. 25. 34. Wallace. based on the problem of state interests 7. Alexiades, pg. 222-224. 35. Ibid. superseding those surrounding the 8. Ibid. 36. Salazar.

Spring 2013 55 Patterns of Displacement: Colonialism's Socioeconomic Legacy on Indigenous Populations in Voluntary Isolation in Madre de Dios, Peru / Sandra Zuniga Guzman

37. Ibid. 62. Ibid. Coombes, Brad, Jay Johnson, and Richard Howitt. "Indigenous geographies I: Mere 38. Walker. 63. Wallace. resource conflicts? The complexities in 39. Quoted in "Proof ‘Death Road’ Will 64. Associated Press. Indigenous land and environmental claims." Destroy Peru’s Uncontacted Tribes." Progress in Human Geography 1, no. 12 65. Huertas Castillo, pg. 96. (2011): 1-12. phg.sagepub.com/content/ 40. Salazar. 66. Ibid. early/2011/12/12/0309132511431410 41. Ibid. (accessed October 7, 2012). 67. Quoted in Associated Press. 42. Ibid. 68. Remy, pg. 118. Dean, Bartholomew. “State Power and Indigenous 43. Katy Ashe, "Elevated Mercury Peoples in Peruvian Amazonia: A Lost 69. Ibid. Concentrations in Humans of Decade, 1990-2000” in The Politics Madre de Dios, Peru," PLOS ONE, 70. Huertas Castillo, pg. 48. of Ethnicity: Indigenous Peoples in http://www.plosone.org/article/ Latin American States, ed. Lewis- 71. Moran, 1981, pg. 71; 242. info%3Adoi%2F10.1371%2Fjournal. Maybury, David, 199-238. Cambridge, pone.0033305 (accessed November 72. Dean, pg. 202-203. Massachusetts: Harvard University Press, 24, 2012). 2002. 73. Ibid. 44. Walker. 74. Ibid. "Gold and Amazon Deforestation | Duke 45. Ashe. Today." Duke Today. http://today.duke. 75. Ibid. edu/2011/04/goldperu (accessed 46. Ibid. 76. Alexiades, pg. 18. November 24, 2012). 47. Ibid. 77. Coombes, pg. 7. Heckenberger, Michael. The Ecology of Power: 48. Ibid. 78. Huertas Castillo, pg. 164. Culture, Place, and Personhood in the 49. Dean, pg. 201-202. Southern Amazon, A.D. 1000-2000. New 79. Society for Threatened Peoples. York: Routledge, 2005. 50. Ibid. 80. Congreso de la República, “Ley del 51. Moran, 1983, pg. 12-13. Derecho a la Consulta Previa a los Hill, David. "Evidence of 'isolated' indigenous Pueblos Indígenas u Originarios (Law people found in Peru where priest is 52. David Hill, "Evidence of 'isolated' on Previous Consultation for Indigenous pushing highway." Conservation News and indigenous people found in Peru and Original Peoples),” 2012, PDF Environmental Science News.http://news. where priest is pushing highway," (accessed October 6, 2012). mongabay.com/2012/0814-hill-isolated- Conservation News and Environmental people-road-peru.html (accessed October Science News, http://news.mongabay. 9, 2012). com/2012/0814-hill-isolated-people- road-peru.html (accessed October 9, Bibliography Huertas Castillo, Beatriz. Indigenous Peoples 2012). Alexiades, Miguel N. Mobility and Migration in in Isolation in the Peruvian Amazon. 53. Ibid. Indigenous Amazonia: Contemporary Copenhagen: IWGIA, 2004. Ethno ecological Perspectives. New York: 54. Walker. Berghahn Books, 2009. Moran, Emilio F. “Part 1: The Human Dimension of 55. "Gold and Amazon Deforestation | Duke Amazonian Development” in The Dilemma Today." Ashe, Katy. "Elevated Mercury Concentrations in of Amazonian Development, ed. Moran, Humans of Madre de Dios, Peru." PLOS Emilio F., xi-90. Boulder, CO: Westview 56. Ibid. ONE. http://www.plosone.org/article/ Press, 1983. 57. Quoted in Ibid. info%3Adoi%2F10.1371%2Fjournal. pone.0033305 (accessed November 24, Moran, Emilio F. Developing the Amazon. 58. "Proof ‘Death Road’ Will Destroy Peru’s 2012). Bloomington: Indiana University Press, Uncontacted Tribes." 1981. 59. Society for Threatened Peoples, Associated Press. "Peru struggles to keep “Submission on the Situation in Peru,” outsiders away from uncontacted Amazon Naizot, Anne-Lize. “Fronteras Naturales: Universal Periodic Review, Fourteenth tribe | World news | The Guardian." The Geopolitica Modernista y Ecopolítica Session (2012). Guardian. http://www.guardian.co.uk/ Ambientalista en Territorio Awá.” Mundo world/2012/jan/31/peruoutsiders- Amazónico, (2011): 101-131. 60. Huertas Castillo, pg. 36. uncontacted-amazon-tribe (accessed 61. Associated Press, "Peru struggles to November 24, 2012). Pantone, Dan J. “A Forest of Their Own: The keep outsiders away from uncontacted Matsés People on the Border of Peru.” Amazon tribe | World news | The Congreso de la República. “Ley del Derecho a la Cultural Survival 30, number 4 (2006): Guardian," The Guardian, http://www. Consulta Previa a los Pueblos Indígenas u 32-39. guardian.co.uk/world/2012/jan/31/ Originarios (Law on Previous Consultation peru-outsiders-uncontacted-amazon- for Indigenous and Original Peoples).” "Proof ‘Death Road’ will destroy Peru’s uncontacted tribe (accessed November 24, 2012). 2012. PDF (accessed October 6, 2012). tribes." Survival for Tribal Peoples. www. survivalinternational.org/news/8586

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(accessed November 24, 2012).

Remy, Maria Isabel. “The Indigenous Population and the Construction of Democracy in Peru” in Indigenous Peoples and Democracy in Latin America, ed. Donna Lee Van Cott, 108-130. New York: St. Martin’s Press, 1994.

Salazar, Milagros. "Mining Companies Venture into the Peruvian Amazon." Tierramérica. http://www.tierramerica.info/nota. php?lang=eng&idnews=2782 (accessed November 24, 2012).

Silva do Nasciemento, Hilton. “Los Pueblos Indigenas Aislados de la Frontera Brazil- Peru: Nuevas Amenazas y Desafíos para la Garantía de sus Derechos.” Mundo Amazónizo, (2011): 178-198.

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UN Office of the High Commissioner forHuman Rights. “Directrices de Protección para los Pueblos Indígenas en Aislamiento y en Contacto Inicial de la Región Amazónica, el Gran Chaco y la Región Oriental de Paraguay.” Ginebra (2012): 1-25. PDF (accessed October 6, 2012).

Walker, Rob. "BBC News - Peru's gold rush pits illegal miners against government." BBC - Homepage. http://www.bbc.co.uk/news/ world-latinamerica-18524330 (accessed November 24, 2012).

Wallace, Scott. "More Sightings, Violence Around Uncontacted Tribes – News Watch." News Watch - National Geographic News Blog. http://newswatch.nationalgeographic. com/2012/01/31/mounting-drama- foruncontacted-tribes/ (accessed November 24, 2012).

Spring 2013 57 Political-Military Integration and Nuclear Crisis in South Asia

by James Marshall

his paper examines the outcomes of the three nuclear crises between Pakistan and India from 1998-2002: the 1998 Nuclear Tests, the 1999 Kargil War, and the 2001-2002 Crisis. Which state T achieved victory in each crisis? What determined the outcomes? In answering these questions I test three well-established theories of nuclear crisis outcomes – the balance of nuclear forces, the balance of conventional forces, and the balance of stakes – as well as a new independent variable: political- military integration. I find that political-military integration is the strongest determinant across the three cases, while balance of stakes theory maintains some explanatory power.

Since the end of World War II, South determinant of resolve in nuclear crises; of conventional military forces, and the Asia’s security environment has been without such integration, bureaucratic balance of political stakes.1 This paper defined by the bitter rivalry between interests will produce misguided will therefore proceed in four parts; first, India and Pakistan, with the territorial strategies that, under the pressures of I will briefly outline the four theories and status over Kashmir as the most a nuclear crisis, undermine resolve. This what they predict about the respective intractable cause of tensions. This tense occurs because bureaucracies typically outcomes of the three nuclear crises. The security balance became all the more view strategic ends and means through second section will be an analysis of the consequential in 1998, when both India the prism of their own capabilities, and three nuclear crises and their respective and Pakistan decided to officially become it is the integration of all of a nation’s outcomes. To determine the outcome, nuclear-weapon states. Both during and instruments of power that achieves I will refer to the International Crisis in the several years immediately after the strategic victories. The key implication Behavior Project’s (ICB) dataset of 455 tests, the subcontinent was plunged into of these findings for U.S. policymakers international crises from 1918- 2007, as a series of nuclear crises which could is that contingency plans for nuclear well as conducting a separate empirical have conceivably resulted in nuclear deterrence strategies against aspiring analysis of each crisis. Since many crisis disaster for both countries. Thus, the nuclear powers should account for the outcomes seem ambiguous, I will classify peaceful resolution of each of the three other state’s level of political-military victories and losses at both the strategic crises raises a few questions. Which state integration. and tactical levels for the two states, and achieved victory in these three nuclear In order to test this relatively new examine the distribution of the victory/ crises? What determined the outcomes theory of nuclear crisis outcomes, I will loss within each state to determine with of these crises? weigh it against the explanatory power greater clarity the significance of individual This paper demonstrates that of the three more common theories: the results, with the hopes that this will cast political-military integration can be the balance of nuclear arsenals, the balance the overall outcome as more definitive.2

James Marshall. James Marshall is a senior at Georgetown University's Walsh School of Foreign Service, where he is majoring in International Politics with a concentration in International Security. This fall he will begin his master's degree at Georgetown's Security Studies Program. This paper was written for Professor Matthew Kroenig's Politics of Nuclear Weapons seminar.

58 JUIS I will also use this examination of nuclear inferior states won only 15 higher political stakes will be more likely domestic outcome distribution in order to percent of their engagements.4 Therefore, to win a nuclear crisis. Political stakes can determine whether or not organizational in the three South Asian nuclear crises be measured using two different metrics. biases played a role in the crisis outcome. from 1998-2002, we should expect both The first measurement, the proximity of Third, I will compare the described crisis that a) the state with the larger nuclear the crisis to the involved states, suggests outcomes with the predictions of each arsenal won most of the crises, and that the state with territory closer to the of the four theories to determine which b) that its resolve was bolstered by its crisis is more likely to win.6 However, has the most explanatory power in these leadership’s confidence in the outcome Pakistan and India share a common three cases. Finally, I will discuss the of a counterforce exchange. Since border, thereby neutralizing the proximity implications of these findings for nuclear this is a small-N set of case studies, it factor. This leaves us with the second crisis outcome theory in general as well should be noted that the absence of metric for political stakes, the respective as for current U.S. policy. the latter feature in the outcome would gravity of the crisis for both sides. I will signify an absence of the theory’s causal determine gravity, and therefore the 1. Four Theories in logic, thereby indicating that another balance of stakes, by using the ICB’s Search of an Outcome independent variable determined the threat classification for each of the three result. crises.7 First, nuclear superiority theory Second, I will also examine the role The fourth and final theory for maintains that states enjoying nuclear of the balance of conventional forces consideration will be political-military superiority successfully use their in the crisis outcomes. This leads us to integration. Political-military integration advantage of larger nuclear arsenals in apply the second hypothesis. Hypothesis here will be based on the definitional coercing their opponents. Larger nuclear 2: The state that enjoys superiority in framework established by Barry Posen arsenals are considered to increase conventional military forces will be more in The Sources Of Military Doctrine: resolve because greater firepower makes likely to win a nuclear crisis. Conventional France, Britain, And Germany Between a state more likely to survive counterforce superiority, an independent variable often The World Wars. Building on Clausewitz’s exchanges and thus neutralize more of controlled for in quantitative studies dictum that “war is a continuation of its opponent’s retaliatory forces.3 This of both nuclear and non-nuclear crisis political activity by other means,” Posen logic forms the foundation of the first outcomes, has rarely displayed much identifies political-military integration as hypothesis: Hypothesis 1: The state explanatory power.5 However, the key to ensuring that military means and that enjoys nuclear superiority will be massive discrepancy between Indian applications are tailored toward political more likely to win nuclear crises. This and Pakistani conventional forces in ends.8 The main “structural barrier” should make states enjoying a nuclear each of the three nuclear crises may be for achieving integration comes from advantage more likely to engage in risk- grounds to argue that large discrepancies the “functional specialization” of the manipulating brinkmanship and less likely in conventional forces can be decisive modern state that produces “separate to cede in a crisis. In fact, quantitative determinants of nuclear crises. responsibilities for diplomacy and war,” analysis has shown strong evidence that Third, balance of stakes theory often resulting in organizations with vastly nuclear superiority theory should explain predicts that a state’s level of resolve in different skills, information, and material. the majority of nuclear crisis outcomes. a nuclear crisis is determined primarily In short, political-military integration In fact, from 1945-2001, nuclear superior by the political stakes involved in the is the synergy of political and military states won in 54 percent of the nuclear crisis. This presents us with the third biases both in formulating strategy and crises they were engaged in, whereas hypothesis. Hypothesis 3: The state with in its execution. To avoid confusion, it is

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worth noting that the term civil-military thus far been applied to nuclear crisis at the domestic level reveals active relations, by contrast, refers specifically outcomes. However, the starkly divergent organizational biases and weaker to the structure of command and control traditions of Indian and Pakistani civil- political-military integration on India’s part. between the state’s civilian and military military relations, as well as their shifting It should be noted though that because leadership. Political-military integration levels of political-military integration from of the brief nature of the crisis, as well can be influenced by the structure of 1998-2002, suggests that this is the ideal as the lack of a prolonged series of a state’s civil-military relations, as well context to test this new independent brinkmanship maneuvers by conventional as other factors beyond the scope of variable. Furthermore, the brief time span and nuclear forces, it is much harder to this study. In theory, political-military in which the three crises occurred, the determine any tactical outcomes, as is integration can be achieved even by shared geography of India and Pakistan the case with the following two crises. praetorian systems with no civilian in the security subsystem of South India initiated the crisis in May control, since the term is primarily Asia, and the shared history of the two 1998 by testing a series of five nuclear concerned with the state’s efficient and nations indicates that a host of other devices. While New Delhi had previously appropriate use of all its instruments of qualitative variables will be controlled conducted a “peaceful” explosion in power, both military and non-military. for, thereby ensuring to a degree that 1974, the 1998 tests ended 24 years of This definition of political-military the role of political-military integration in dormancy in the Indian nuclear program integration and existing theory on these nuclear crisis outcomes is relatively and officially established India as a nuclear brinkmanship are actually highly isolated. weaponized nuclear power on the world compatible. Thomas Schelling, the stage.11 Between India’s first tests on founder of nuclear brinkmanship theory, 2.Determining the Victor May 11 and Pakistan’s response in kind defines the relationship between civilian on May 28, the crisis came dangerously violence and warfare as one in which 2.1 1998 Nuclear Tests close to war. The closest the crisis came military force “wants the bargaining power to a military exchange occurred on May that comes from its capacity to hurt, not The 1998 Nuclear Tests crisis 27, the day before the Pakistani tests, just the direct consequence of successful has often been considered to have no when Pakistan scrambled its F-16 fighter military action.”9 Military force is meant clear winner, and the ICB has in fact planes and sent them to protect the test to inflict “pain and shock and privation classified the outcome as “Compromise” site because of intelligence reports that on a country itself, not just its military for both sides, indicating that each Israeli fighter-bombers were flying from forces” because ultimately the judgment state achieved some but not all of its eastern India toward Pakistan.12 Pakistani to concede and surrender is “a diplomatic goals. However, India’s key political Prime Minister Nawaz Sharif also called judgment, not a military one.”10 Therefore, gains were of a domestic political President Clinton and British Prime if resolve in nuclear crises is informed by nature, whereas Pakistan increased Minister Blair warning of the impending military and nonmilitary qualities, then its overall national security by gaining attack, which somehow never transpired. political-military integration should be a powerful new deterrent against its Even if the reports were untrue, as U.S. crucial not only to maintaining one’s own much larger adversary. Therefore, officials concluded,13 India certainly could resolve but to maximizing one’s ability to although the 1998 Nuclear Tests crisis have interpreted Pakistan’s behavior as weaken the resolve of the adversary. This did not result in any political, economic, a precursor to an attack, and therefore informs our fourth and final hypothesis. or territorial concessions by either could have caused India to launch its Hypothesis 4: The state with a higher side, the outcome of the crisis should own attack. Fortunately, neither side level of political-military integration will be considered a strategic victory for initiated hostilities, although Pakistan be more likely to win a nuclear crisis. Pakistan. Furthermore, an examination proceeded the next day with detonating Political-military integration has not of the distribution of the crisis outcome five nuclear weapons. The crisis is

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considered as formally ending on June follow its footsteps” because it needed a environment has certainly not improved. 11, when Pakistan unilaterally announced justification for its official nuclear status.18 Despite multiple negotiations on the a moratorium on testing.14 Therefore, the strategic outcome for Sino-Indian border dispute, the issue has The outcome for India was a India was a confrontation with China remained frozen; Pakistan and China are strategic loss on multiple issues. Not over no clear political objective, as well both modernizing their nuclear arsenals, only did the tests invite economic as Pakistan’s new nuclear status, which and Pakistan has repeatedly aided sanctions from the United States and thus provided Islamabad with a relatively terrorist networks inside India without fear other industrialized countries, India was cost-effective means of deterring India’s of punishment from India’s much larger suddenly confronted with the demand conventional forces. conventional forces.22 to fabricate a “post facto rationale” for An examination of the crisis Pakistan seems to have won a its new nuclear posture.16 In order to do outcome’s effect on Indian domestic significant strategic victory; India’s so, Prime Minister Vajpayee cited the politics reveals why New Delhi made detonation justified Islamabad’s threat from India’s traditional enemies, such a strategic blunder. Although the weaponization program and further Pakistan and China, in a letter to tests resulted in a less favorable security solidified a nuclear balance on the President Clinton on the day of the tests. environment, the loss at the systemic subcontinent that limits the coercive Shortly afterwards, India’s home minister level was not distributed to the domestic power of India’s superior conventional launched a rhetorical attack on Pakistan, actors making the decisions. In fact, the capabilities. With regards to the frozen demanding that it “roll back its anti-India catalyst for the crisis that is so absent at Kashmir dispute, overt acquisition of policy with regard to Kashmir.”17 While the systemic level is glaringly present at nuclear weapons increased Pakistan’s this rhetorical behavior may seem to the state level: the election of the Bharatiy confidence in its attempts to alter the be a rational risk-manipulating strategy Janata Party (BJP) to power in March territorial status quo without fearing to achieve a political goal, it is hard to 1998. The BJP had a strong political large-scale Indian retaliation.23 In fact, S. imagine what end India was trying to interest in the decision to detonate. With Paul Kapur has observed that the 101 attain. Although India and China had regards to its political reputation, the BJP calendar months from 1990 through May unresolved territorial disputes, there is has long tried to market itself in Indian 1998 included 73 “dispute months” over no clear point in Indo-Chinese relations politics as “the only truly ‘principled’ and the status of Kashmir, with an average leading up to the tests that served as a ‘nationalist’ party.’”19 The BJP also has of 0.72 disputes per month.24 Yet the 55 catalyst for India’s decision to detonate. a strategic culture focused on India’s calendar months after the nuclear tests, India’s demands of China were actually power and status, and therefore believed ranging from June 1998 through 2002, less defined than those it made of that this subversion of an established witnessed 45 Indo-Pakistani “dispute Pakistan, and in wake of the tests international order was “an assertion of months” for an increased average the government even backtracked on power, pure and simple.”20 The result of 0.82 disputes per month. This 14 statements made that April by Defense for the BJP was not only a pleased percent increase in dispute frequency Minister Fernandes which repeatedly electorate but also a newly-won political is a sure sign that the new strategic referred to China as a “threat.” With “immunity” that weathered numerous environment afforded Pakistan more regards to India’s other adversary, it was setbacks and crises over the next six options for destabilizing Kashmir, as widely known at the time that Pakistan years.21 further exhibited by its initiation of the also had a latent nuclear capability, Arguments that India weaponized following two nuclear crises in 1999 and suggesting that New Delhi must have in 1998 for rational strategic reasons 2001-2002. It should be noted, however, expected Islamabad to follow suit with rather than domestic organizational that this victory for Pakistan did come its own nuclear tests. In fact, some have biases ignore the past 14 years of with its costs. By responding to India’s accused India of “goading Pakistan to evidence. Since 1998, New Delhi’s threat bait and detonating its own nuclear

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devices, Pakistan incurred severely overall strategic victory, the state’s restrained from expanding the theater of damaging economic sanctions. Within civilian leadership was forced to bear operations across the LOC into Pakistan, three weeks of the tests, the Pakistani the costs of a defeat while the defense where a second front on less difficult rupee lost about 29 percent of its value.25 establishment was largely shielded. terrain would have given it an increased However, the sanctions did not alter the advantage. However, Pakistani officers fundamental outcome of the crisis. In fact, 2.2 1999 Kargil Crisis were confident from the initiation of the Washington relaxed its policy to an extent crisis that their nuclear capability would by not vetoing a desperately needed IMF Just months after tensions had finally restrain India from crossing into Pakistani loan. This was probably facilitated by the receded from the Nuclear Tests crisis, territory.33 Yet in contrast to this lack fact that Pakistan tested only after India Pakistan and India entered a second of mass mobilization by the respective did and ended the crisis with a unilateral round of nuclear brinkmanship over the conventional forces, both sides escalated moratorium on further tests. status of Kashmir. This time Pakistan the crisis by placing their nuclear forces Ironically, unlike Vajpayee in India, instigated the crisis by infiltrating Indian on alert and by employing escalatory Nawaz Sharif did not enjoy an outpouring positions along the Line of Control rhetoric.34 For example, Pakistan’s of credit for Pakistan’s victory in the crisis (LOC). The offensive began in May 1999 Foreign Secretary clearly tried to enhance outcome. There was enormous pressure when Pakistani troops and groups of Pakistan’s credibility by warning publicly on the prime minister to respond in kind Kashmiri militants, all under the guise of that Islamabad would “not hesitate to use to India’s tests, suggesting that Sharif “Kashmiri freedom fighting mujahideen,” any weapon in our arsenal to defend our could not have scored political points penetrated Indian lines and occupied territorial integrity.” Yet facing increased for a decision that everyone expected the Kargil heights.29 Before Indian forces diplomatic pressure and a deteriorating of him. These demands came from all realized to their surprise the extent of military foothold in Kargil, Sharif corners of Pakistani society, including Pakistani infiltration, 1,500 to 2,400 announced on July 12 that Pakistan parliamentary opposition leaders and intruders were already entrenched at would withdraw from Kargil and enter the Islamic right wing.26 Sharif even high altitudes overlooking a key Indian into ceasefire talks.35 In all, Indian forces stressed in a telephone conversation highway, positioning them to threaten the suffered 499 casualties while Pakistani with President Clinton that the decision Indian military’s lines of communications forces lost 772 soldiers. "was out of my hands,” an indication and supply.30 India responded with India was clearly the strategic of the extreme pressure he was under its conventional forces, using artillery victor in the Kargil crisis. In fact, of the and how limited his options were.27 and air force barrages to dislodge the three nuclear crises from 1998-2002, In fact, one could even suggest that attackers. Despite Pakistani intelligence the Kargil crisis is the only engagement Pakistan’s civilian government suffered prior to the war that Indian forces which the ICB Project classifies as a negative political outcome on account would be “incapable of undertaking having a definitive winner and loser.36 of the international sanctions that were any conventional operations,”31 the India successfully expelled Pakistani imposed. In order to avoid a default on Indian military began to inflict mounting forces beyond the LOC, escalated its its debts, the government even had to a casualties and managed to seize the high nuclear-forces readiness without causing launch an unpopular “austerity drive” and ground by late June.32 a nuclear exchange, and achieved its strictly cut all government expenditures.28 The new overt nuclear balance primary goal of maintaining control over Since elected political leaders are often influenced both states’ behavior during Kashmir. Yet even though Pakistani the first blamed for economic hardship, the war. As predicted by the results of forces were fighting on foreign ground we can infer that despite Pakistan’s the 1998 Nuclear Tests crisis, India was with no supply or air support due to the

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risks of escalation, an Indian victory was territory without declaring a conventional leadership was not properly informed of not a guaranteed outcome. As with all war. The fact that the defeated Pakistani the upcoming operation.39 General Kiani’s nuclear crises, the third option in addition military suffered about 1.5 times as many statements are in direct contradiction to victory and defeat is always disaster more casualties as its Indian counterpart to the account provided by General in the form of a nuclear exchange. only demonstrated that Islamabad had Musharraf, whose position at the top of India could have conceivably triggered yet to realize the more effective method the Pakistani military at the time would nuclear disaster if it had chosen a of striking at India. The implication of logically make him responsible for the different escalation strategy. Instead, the this ambiguous outcome at the tactical debacle. Sharif was kept so in the dark leadership in New Delhi recognized the level was that Pakistan would choose to that the military chose not to inform him Pakistani strategy of creating instability modify its approach and employ more even during a meeting held in February in a new nuclear environment in order to insurgents and terrorist groups, thereby 1999 as Pakistani troops were crossing attract the attention of the international reducing the culpability of the state. As the LOC.40 community and leverage that instability exhibited by the 2001-2002 crisis, the By contrast, this upheaval in for a politically favorable outcome. In Pakistani leadership deftly noticed this Pakistani domestic politics as a result of response, India exhibited restraint on tactical nuance after the Kargil War. the Kargil War did not materialize across several fronts. For example, it engaged Similar to the outcome of the 1998 the border; the Indian military did not Pakistani troops with air assaults, but Nuclear Test crisis, the outcome of the increase its political power as a result of also chose to sustain higher losses and Kargil War was not evenly distributed the victory, and the BJP failed to make a more protracted conflict by ordering its between the civilian and military the victory a successful issue in the pilots not to cross the LOC, which had institutions involved in the crisis. The elections immediately following the end of quickly become nuclear South Asia’s fate of Prime Minister Sharif, ousted hostilities.41 definitive red line.37 in a military coup d’état just months Contrary to the outcome at the after surrendering in the Kargil War, is a 2.3 The Attacks on strategic level, the outcome at the tactical case in point. Even after the coup, the Parliament and Kaluchak level is ambiguous. This may seem new military government under General incongruous in light of the fact that the Pervez Musharraf “continued to argue Little more than two years had Pakistani military was decisively defeated that Nawaz Sharif had lost courage passed before India and Pakistan were in the mountains of Kashmir by its Indian and backed down unnecessarily during plunged into yet another crisis, this time adversaries. Yet in the overall context the Kargil conflict.”38 This domestic for several months.42 The crisis began of Pakistan’s decades-long struggle to distribution of the Kargil crisis outcome with the December 13, 2001 terrorist wrest control of the province from India, is particularly striking because the attacks on the Indian Parliament building the Kargil War demonstrated that the civilian leadership which bore the costs in New Delhi, and augured a new strategy Pakistani military had a new capability of concession was not responsible for in Indian coercive diplomacy.43 Unlike at its disposal for inflicting attrition on instigating the crisis; rather, the Kargil the military operation of the 1999 Kargil Indian willpower to occupy Kashmir. operation was almost entirely directed offensive, the parliament attack was With its nuclear capability successfully by the military with little civilian input or executed by the Pakistani-supported deterring Indian forces from opening up even awareness. According to Pakistani terrorist group Lashkar-e-Taiba (LeT), a second front during the Kargil War, Lieutenant-General Jamshed Gulzar indicating Islamabad’s acknowledgment Pakistan established for itself the option Kiani, the last officer to brief Shari before after Kargil that it needed to distance of bleeding Indian forces on their own the outbreak of hostilities, the civilian itself from the attacks. Since the LeT had

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until this point limited its activities to the an Indian Army base in Kaluchak and tactical levels of outcomes provides us Indian-controlled Kashmir, this assault killed 33 people, mostly family members with both. on the seat of India’s government came of military personnel. Whether or not Despite some arguments on the as a serious escalation in Pakistan’s this was an intentional escalation in contrary, India’s combined diplomatic asymmetric method of wearing away at the crisis by Islamabad is unclear, and military brinkmanship throughout the Indian resolve. yet subsequent Indian threats were crisis resulted in a strategic victory. Sumit In a departure from its restrained enough to trigger U.S. intervention. Ganguly and Devin Hagerty contend that posturing during the Kargil War, India U.S. diplomatic pressure proved to be India’s “strategy of forceful persuasion” responded simultaneously with a list of the tipping point in extracting concrete ultimately failed because from the start demands and mass military mobilization. action from Musharraf, as well as another it was unable to achieve two tenets of Offensive forces were quickly moved public renouncement of supporting coercive diplomacy: that the demands to assault positions along the Pakistani terrorist groups. Private reports confirm made on the coerced far exceed his border, and the Indian Air Force was that Musharraf took the United States’ willingness to comply, and that coercer put on alert for offensive strikes.44 India involvement seriously, noting that he has possible rewards for compliance.50 would continue to issue a series of directly instructed Pakistan’s Inter- They note that the key factor in resolving confrontational statements and ratchet Services Intelligence arm to have jihadi the crisis was the involvement of the up tensions with further mobilizations groups in Kashmir cease all attacks, United States in finally pressuring up through October 2002.45 Pakistan a move resented by the security Pakistan. Nonetheless, it was India’s escalated in turn by cancelling all leave establishment.48 display of resolve in response to multiple, for army personnel and by putting The outcome of the 2001-2002 less substantial Pakistani concessions its medium-range missiles on alert.46 crisis is highly disputed, often on that escalated the crisis to such an India’s aggressive posturing showed account of the fact that Pakistan- extent that it behooved Washington to signs of working within the first month based terrorist groups still plague India. intervene, resulting ultimately in tangible of the crisis. Pakistan acquiesced to The ICB’s coding suggests a slight gains. A second counterargument to an extent by arresting the founder of victory for India; treating the 2001 the assessment of an Indian strategic Jaish-e-Mohammed (JeM), another Parliament attack and the Kaluchak victory would be the persistence of terrorist organization identical to the Army base attack as separate crises, terrorist attacks with ties to Pakistan. Yet LeT in purpose and in its relationship to the dataset codes India’s outcomes as quantitative evidence shows a significant Pakistan’s military. However, New Delhi “Victory” followed by “Stalemate,” and decrease in terrorist violence in the was determined to challenge Musharraf’s Pakistan’s as “Compromise” followed by years immediately following the crisis’ resolve on harboring terrorists, and used “Stalemate.”49 Thus a simple averaging resolution.51 From the 1998 Nuclear the opportunity to formally demand a list of each side’s outcomes results in an Tests crisis through 2002, violent terrorist of twenty terrorists and the dismantling overall more advantageous outcome incidents in Jammu and Kashmir rose of their training camps inside Pakistan47. for India and a less favorable but still steadily from 2,940 per year to 4,038 per Although Musharraf made another not detrimental outcome for Pakistan. year (as noted in Section 2.1). Starting in unexpected concession by publicly Yet these codings fail to provide a clear 2003, however, the number of incidents promising to prevent terrorist safe havens, picture of the significance of India’s robust fell to 3,401, followed by 2,565 in 2004 India escalated once again by testing a coercive diplomacy strategy, as well and 1,990 in 2005. Although these are new nuclear-capable missile. as the implications for future crises of still high figures, it is hard to imagine In what marked a second phase of Pakistan’s ability to use terrorist attacks. what else a substantial yet nonviolent the crisis on May 14, the LeT attacked A distinction between the strategic and victory for India would look like given

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displays of organization biases during the crisis, there is little to suggest that The four theories outlined...the balance of the actual crisis outcome was distributed nuclear forces, the balance of conventional unevenly among domestic actors. forces, the balance of stakes, and political- military integration – each suggest a unique 3. Outcome factor that could be at play in each case. Determinants: Applying the Four Theories its long-term rivalry with Pakistan. After instances of resistance from the defense all, it is highly improbable that any establishment on both sides; as noted What determined these crisis amount of nuclear brinkmanship and above, Musharraf’s ultimate concession outcomes? The four theories outlined coercive diplomacy could bring about a to U.S. and Indian pressure on support in Section 1 – the balance of nuclear complete eradication of terrorism on the for terrorist groups was met with vocal forces, the balance of conventional subcontinent. objections from the ISI, with one officer forces, the balance of stakes, and On the tactical level, Pakistan accusing Musharraf of having “betrayed political-military integration – each achieved yet another tactical victory the Kashmiris after ditching the Taliban” suggest a unique factor that could be at with the 2001-2002 crisis. While it in reference to the simultaneous U.S. play in each case. Each also establishes is plainly evident in both Musharraf’s pressure on Islamabad to cooperate distinct expectations that, if the theory is public concessions and in the reduced in Afghanistan.52 In India, the military’s applicable, should be able to describe the number of terrorist attacks that Pakistan clashing interests were less pronounced, actual crisis outcomes. lost the crisis strategically, Pakistan but inferable nonetheless; the constant nevertheless was able to instigate state of military mobilization in order 3.1 The Balance of Nuclear multiple successful terrorist attacks. It to increase the appearance of Indian Forces should not go unnoticed that both of resolve cost the military “dearly in wear the 2001-2002 LeT operations were and tear on its military equipment” and Hypothesis 1 predicts that the state against high-profile political/military “undermined the morale of the armed with the larger nuclear arsenal should targets that should have been the most forces,”53 probably because the final exhibit higher levels of resolve and win difficult to attack. Therefore, considering victory was less instantaneous and most crises by virtue of its leadership’s that Pakistan’s proxies executed both identifiable as in the Kargil War. This confidence in outperforming the tactical engagements successfully, we may explain the highly unusual incident adversary in a counterforce exchange. can determine that Pakistan achieved in January 2001 when the Chief of Staff When examining the nuclear arsenals of a victory at the tactical level while of the Indian Army bluntly warned that India and Pakistan during the three crises, failing to translate that into a strategic any country “mad enough” to launch however, we observe either a parity of achievement. a nuclear strike against India would forces or a slight advantage that changes The crisis outcomes do not seem be “punished severely.”54 It is possible from one estimate to the other. Yet to be unbalanced in their distribution that the Chief of Staff, representing the because of a lack of reliable open source among domestic actors, as was clearly military’s natural preference for defined information on Indian and Pakistani the case with both states after the 1998 missions, was grating at the constant nuclear stockpiles, these predictions can Nuclear Tests crisis and for Pakistan state of readiness with no military only be based on such estimates. after the Kargil War. There were a few objective. Yet despite these minor Estimates from 2002 suggested that

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India had a stockpile at the time of 30-35 estimates of total warhead stockpiles – as massive discrepancy between the Indian warheads toward the end of the period of opposed to kilograms of HEU – suggest and Pakistani forces we should expect the three crises;55 although reliable figures that Pakistan was producing nuclear consistent victories for India. A survey were even less available for Pakistan weapons at a faster rate than India up of basic strategic military resources at the time, it was also estimated that until 2010, then there is the possibility reveals India’s overwhelming conventional Pakistan had produced between 585 and that it has been producing warheads at superiority. In 2001, India outspent 800 kilograms of highly enriched uranium the same rate since 1998. If this rate of Pakistan with a defense budget of $15 (HEU), with enough of it weapons-grade production would make it likely that India billion compared to Islamabad’s $2.6 to produce 30-50 weapons. By the same and Pakistan had identical stockpiles billion.57 In terms of manpower, India metric, India had produced between during the 1998-2002 period. enjoyed a numerically superior force of 225-370 kilograms of weapons-grade Due to the relative parity in nuclear about 1.1 million troops, whereas the plutonium, enough to produce 50-90 forces, we should expect stalemates Pakistani military was half as large at nuclear weapons (including the 30-35 to be the most common outcome. 550,000. The crisis outcomes – two already produced warheads). Therefore, However, each crisis has a demonstrable strategic victories for India and one for if Pakistan were to be at or above nuclear winner and a loser at the strategic level. Pakistan – suggests that the conventional parity with India at the time of the crises, Furthermore, information was never clear military balance provides a significant it would have needed to dedicate its to the leadership of either state regarding amount of explanatory power. entire stockpile of HEU to produce the the size of its adversary’s stockpile. If However, a closer analysis of the 30-50 weapons that would have been nuclear superiority theory maintains environmental restraints on India’s necessary. On the other hand, if India that one additional increase in firepower conventional forces demonstrates that its were to do likewise and weaponize all corresponds with an equal increase in military did not enjoy its expected level of its weapons-grade plutonium, then resolve, then the converse must be true of superiority during these crises. First, it could easily have exceededthe upper about the enemy’s nuclear arsenal: one the Indian military had committed nine limit of Pakistan’s stockpile (50 weapons) less enemy warhead should correspond divisions to guard the border with China, by about 40 (for a total of 90 Indian with an increase in one’s own resolve. thus bringing its 2:1 numerical much weapons). This logic acknowledges the importance closer to parity.58 Second, in both of the Yet if we are to make an inference of sizing up the adversary’s nuclear crises which it won, India’s conventional about Pakistani and Indian weaponization forces, yet without this information forces faced three options for dealing patterns based on data since 2002, then leaders must base their resolve on only with Pakistan: hot pursuit, surgical strikes we can reasonably assume that Pakistan half the equation. Therefore, the mutual against terrorist camps, and a full-scale was dedicating more of its HEU stockpile uncertainty over the other side’s nuclear attack.59 Hot pursuit in the form of quick, to producing warheads than India was of forces undermines the causal logic of shallow incursions into Pakistan against its plutonium stockpile. While the 2002 Hypothesis 1. militants and terrorist groups had serious estimates suggest that India’s upper limit disadvantages; for example, most militant of potential warheads exceeded that of 3.2 The Balance of and terrorist camps were dispersed Pakistan’s, more recent estimates from Conventional Military and located far from the LOC meaning 2010 indicate that in the following eight Forces that Indian incursions would be limited years Pakistan established an advantage in range and would risk killing civilians. of about 10 warheads (70-90 for If Hypothesis 2 is the decisive factor Surgical strikes, by contrast, presented Pakistan; 60-80 for India).56 If more recent in crisis outcomes, then based on the India with the option of limiting its strikes

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to just terrorist facilities. However, the the war. Therefore, the outcomes of the Vajpayee’s motive for initiating the crisis Indian military at the time was heavily three nuclear crises demonstrate that was the BJP’s political reputation and geared toward “counter-insurgency and balance of stakes theory has a degree of its strategic culture of emphasizing anti-terrorism operations or more classical explanatory power. However, Pakistan’s power and status. Outside of the small warfare,”60 whereas surgical strikes strategic victory during the 1998 Nuclear community of BJP politicians and the required equipment such as helicopters Tests crisis and India’s strategic victory nuclear scientific community, “none of and advanced communications in the 2001-2002 crisis means that the the other bureaucracies were involved.”61 technology. India’s military during the results contradict Hypothesis 3 in the The consequences of excluding the crises only had three marine helicopters majority of situations. military from the nuclear strategy and it would have been unlikely that process resulted in “weaponization ground special forces would have been 3.4 Political-Military without a doctrine.” Pressing questions able to communicate in real time with air Integration on delivery systems, yield, and use support. Finally, India had the option of doctrine were thus left unconsidered applying its numerical superiority in full- Finally, Hypothesis 4 predicts that until after the tests.62 This dynamic fully scale attacks against Pakistan. Needless the state with the greatest unity of illustrates Posen’s problem of “functional to say, this would have easily sparked effort between its political and military specialization” in bureaucracies as a a nuclear exchange. Therefore, the organizations should win the nuclear barrier to integration. Consequently, correlation between the overall balance crises. In order to set up this theory’s India’s civilian leadership failed in on of conventional forces and the crisis predictions for the crisis outcomes, we two counts; first, it initiated a nuclear outcomes is most likely coincidental. must first evaluate for each crisis the crisis that was not in the state’s strategic state which exhibited the higher degree of interests. Second, it worsened the 3.3 The Balance of Stakes integration. As each case demonstrates, situation by issuing contradictory rhetoric the variable of political-military integration regarding what threat India’s arsenal was Hypothesis 3 predicts results in provides a powerful explanation for all meant to counter. accordance with the gravity of the three of the crisis outcomes. The Kargil War exhibited the threat each country faced. As noted During the 1998 Nuclear Tests, converse of the prior crisis. In just a in Section 1, geographical distance Pakistan seems to have exhibited little over a year since the 1998 Nuclear is not a stakes factor because of the a greater degree of political-military Tests crisis, Pakistani political-military geographical proximity of India and integration. This is not to say that relations underwent severe disintegration, Pakistan. According the ICB’s gravity Islamabad deftly managed the tools while Indian political-military integration score ratings (Appendix A), we should of diplomacy and military posturing in improved from its 1998 performance. expect a stalemate across each of the navigating its way through the crisis. In fact, there were signs of Pakistani crises except the Kargil conflict, for Rather, it simply did not show signs political-military disintegration before which India has a 3-level gravity score, of disintegration. In comparison with the crisis even began. Pakistan’s signifying the territorial threat it faced from Indian political-military integration, this nuclear weaponization in 1998 was Pakistan’s invasion of Kashmir. Pakistan, was enough for Pakistan to enjoy an not succeeded by the command and on the other hand, has a 1-level gravity advantage. As discussed in Section 2.1, control reforms necessary for regulating score for the Kargil conflict, representing the clearest catalyst for India’s decision the military behavior of a nuclear power. the limited military threat it faced from to detonate was the election two months Consequently, during the run-up to the India’s restrained military response during prior of the BJP. Indian Prime Minister war military officers who believed that

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nuclear weapons would protect them pursuit of asymmetric warfare through misguided strategies that, under the from Indian reprisal “never had their terrorist attacks. As discussed in Section pressures of a nuclear crisis, undermine views challenged” by a non-military 2.3, Indian brinkmanship during this resolve. I also found there to be some perspective.63 If nuclear brinkmanship extended crisis employed multiple political explanatory power in the balance of stakes argument, which is supported by the fact that India’s 1999 victory, ...without [political-military integration], arguably the most decisive of the three, is bureaucratic biases will hamper the simultaneous complemented by the only gravity rating use of military and non-military instruments and discrepancy between the two states. produce misguided strategies that, under the This study also reveals weaknesses pressures of a nuclear crisis, undermine resolve. in using political-military integration as a predictive lens. As alluded to in Section 3, very often it is easier to deduce signs of integration or disintegration after theory views crisis-engaging states as and military instruments of national power the crisis has already begun. One area two drivers in a game of chicken, then in pursuit of a political goal, represented for strengthening this form of analysis Pakistan during the Kargil War was a concretely by the list of wanted terrorists’ would be automated content analyses car in which one leader “was pressing names. India crafted a coercive strategy of statements made by both civilian the accelerator, another pushing on the of mass military mobilizations and and military leaders preceding a crisis. brakes, and both tugging at the steering diplomatic offensives using escalatory An analysis of public statements as wheel.” language in order to suppress Pakistani well as private ones made through the India, by contrast, demonstrated support for terrorism. Pakistan, on the press would reveal to a great extent the a higher level of integration than it had other hand, was reliant on tactically strength of organizational biases. This in 1998; however, this was not readily successful but strategically reckless would go a long way toward refining the predictable until the crisis had already terrorist attacks, a method for which the degree of political-military integration begun. As detailed in Section 2.2, India ISI has a demonstrated bureaucratic that a state enjoys. As Appendix B exhibited political-military integration in bias. Lacking political-military integration, illustrates, the degree of the discrepancy its synergy of diplomatic and military Pakistan’s pursuit of its national goals between two states’ levels of integration goals during its efforts to oust entrenched in the crisis was limited to the functional has significance for the decisiveness Pakistani forces. The Indian Air Force specialization of its military. of a state’s victory. For example, took greater military risks in order not to Pakistan’s 1998 Nuclear Tests victory violate the LOC, a political recognition 4. Conclusions and was admittedly the least definitive in which was crucial for avoiding a nuclear Implications the three cases. Yet somewhat telling is exchange. Overall, this extreme difference the fact that the discrepancy between between the levels of Indian and Pakistani As the Indo-Pakistani nuclear crises Pakistani and Indian integration during integration resulted in the clearest of 1998-2002 illustrate, political-military the crisis was the narrowest of all three strategic outcome of the three crises. integration can often be the determinant cases. Furthermore, India’s decisive Finally, the 2001-2002 crisis of resolve in nuclear crises; without such 1998 victory is characterized by the is strongly characterized by India’s integration, bureaucratic biases will widest discrepancy in political-military persistent strategy of coercive diplomacy hamper the simultaneous use of military integration. and Pakistan’s strategically ineffective and non-military instruments and produce The power of political-military

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integration in explaining nuclear crisis Doctrine: France, Britain, And Germany Endnotes Between The World Wars. Cornell outcomes should call attention to the University Press, 1986. 52. nuclear programs of states suffering 1. I will not be testing the effect of democratic 9. Thomas C. Schelling, Arms and Influence: from political-military disintegration. For political systems on nuclear crisis With a New Preface and Afterword (New Haven: Yale University Press, 2008) 31. instance, those who advocate for the outcomes, even though some may expect the variable of political-military integration to 10. Ibid. 32-33. feasibility of a future U.S. containment follow the same causal logic. Such studies 11. Sumit Ganguly. “The Road from Pokhran strategy toward Iran should answer the have demonstrated that democracies are more likely to choose crises in which II,” in The Politics of Nuclear Weapons questions that this approach raises. they are more likely to prevail, and it in South Asia, ed. by Bhumitra Chakma (Ashgate Publishing, 2011), 29. Given the organizational biases of Iran’s is plausible that democratic systems encourage political-military integration. 12. Ibid. 130 theocratic, political, military, and nuclear Of these three cases, however, the only 13. Kux, Dennis. “U.S.-Pakistan Relations As science organizations, would Tehran be one chosen by a democracy is the 1998 crisis, in which India was the instigator the Twentieth Century Ends.” Pakistan able to achieve a synergy of effort during and lost. See Gelpi, Christopher F., and 2000. Eds. Baxter Craig and Charles H. Kennedy Oxford University Press, 2001. a nuclear crisis? Would disintegration and Michael Griesdorf. "Winners or losers? Democracies in international crisis, 1918- 14. "ICB Version 10." Center for International a preference for particular organizational 94." American Political Science Review. Development and Conflict Management biases suggest an Iran more willing to 95. no. 3 (2001): 633-648. (2010). http://www.cidcm.umd.edu/icb/ dataviewer/. engage in crises it cannot win? The 2. As discussed in Section 2.1, the strategic/ tactical distinction does not apply as well 15. Bidwai, Praful, and Achin Vanaik. South answers to these questions, which are to the 1998 Nuclear Test Crisis, largely Asia on a Short Fuse: Nuclear Politics not addressed by the other models of because of its lack of conventional military and the Future of Global Disarmament. posturing. New Delhi: Oxford University Press, 1999. crisis resolve, have direct implications for 3. Matthew Kroenig, “Nuclear Superiority 61-61. any potential U.S. containment strategy and the Balance of Resolve: Explaining 16. Ibid. 55. of a nuclear Iran. Nuclear Crisis Outcomes,” International Organization (forthcoming, 2011), 15. 17. Ibid. 74, 4. Ibid. 50 18. Ibid. 55. Appendix A: ICB Gravity Scores64 5. Ibid. 33; Todd S. Sechser, and Matthew 19. Kanti Bajpai, “The BJP and the Bomb,” Fuhrmann, "The Coercive Limits of Nuclear in Inside Nuclear South Asia, ed. Scott Weapons," in Annual Meeting of the Sagan (Stanford.: Stanford Security Crisis India Pakistan American Political Science Association, Studies, 2009) 36. 1998 Nuclear Tests 4 4 Seattle, vol. 2, 2011. Although the 20. Ibid. 34. Sechser and Fuhrmann study examines 1999 Kargil War 3 1 incidents of nuclear coercion, rather than 21. Bajpai 47. 2001 Parliament Attack 2 2 strictly nuclear crises, it nevertheless has 22. Raja Menon. “Nuclear Doctrine in South 2002 Kaluchak Attack 5 5 demonstrated a statistically significant Asia,” in Nuclear Stability in Southern negative relationship between threat Asia, edited by P R, Chari, Sonika Gupta, success and conventional superiority, thus and Arpit Rajain, (New Delhi: Manohar Appendix B: Political-Military casting further doubt on this hypothesis. Publishers & Distributors, 2003), 32-33. Integration Ratings Across Crises65 6. Kroenig 32. 23. Kapur, S P. Dangerous Deterrent: Nuclear 7. The ICB ranks crises from 0-6, lowest Weapons Proliferation and Conflict in to highest: (0) Economic threat (1) South Asia. Stanford: Stanford University Pol-Mil Strategic Integration Crisis Country Press, 2007. 115. Integration Winner Discrepancy Limited military threat (2) Political threat (3) Territorial threat (4) Threat to influence India 2 -2 24. Ibid. 116 1998 Tests in the international system or regional Pakistan 4  +2 subsystem (5) Threat of grave damage 25. Bidwai and Vanaik 62. India 5  +4 1999 Kargil (6) Threat to existence. See http://www. 26. Ganguly and Hagerty 129. War Pakistan 1 -4 cidcm.umd.edu/icb/dataviewer/variable. asp?id=&level= 2&name=GRAVTY. 27. Ahmed Samina, "Pakistan's Nuclear India 6  +3 2001-2002 Gravity scores for each crisis are listed in Weapons Program: Turning Points and Attacks Pakistan 3 -3 Appendix A. Nuclear Choices," International Security, 23, no. 4 (1999): 195. 8. Posen, Barry R. The Sources Of Military

Spring 2013 69 Political-Military Integration and Nuclear Crisis in South Asia / James Marshall

28. Hasan-Askari Rizvi, "Pakistan in 1998: The 144. India in the 1999 Kargil War (5) clearly Polity Under Pressure," Asian Survey, 39, demonstrated more integration than 45. Ganguly and Hagerty 170. no. 1 (1999): 183. Pakistan in 1998 (4). Of the losers, 46. Ibid. 173. Pakistan 1999 would receive the lowest 29. Neil Joeck. “The Kargil War and Nuclear ranking, 1, for the absolute lack of political- Deterrence,” in Nuclear Proliferation in 47. Ibid. 174. military integration displayed by Sharif’s lack South Asia: Crisis Behaviour and the 48. Swami 2009, 152. of involvement in the decision to go to war. Bomb, ed. by Sumit Ganguly and Paul Next, India’s lack of integration between Kapur (London: Routledge, 2009), 117- 49. As noted in 3.1, “Compromise” the BJP and the military in 1998 (2) clearly 143. denotes some goals achieved, whereas shows less integration than Musharraf’s “Stalemate” indicates no positive or 30. S.P. Kapur, Dangerous Deterrent: Nuclear use of diplomacy and military posturing in negative consequences for a state’s goals. Weapons Proliferation and Conflict in 2001-2002 (3). South Asia (Stanford: Stanford University 50. Ganguly and Hagerty 180. Press, 2007) 120. 51. Swami 2009, 146. 31. Ibid. 123. Bibliography 52. Swami 2009, 152. 32. Ibid. 121. 53. Ganguly and Hagerty 182. Samina, Ahmed. "Pakistan's Nuclear Weapons 33. Scott D. Sagan, “Evolution of Pakistani and 54. Ibid. 174 Program: Turning Points and Nuclear Indian Nuclear Doctrine,” in Inside Nuclear Choices." International Security. 23. no. 4 South Asia, ed. Scott Sagan (Stanford: 55. Joseph Cirincione, Jon B. Wolfsthal, (1999): 178-204. Stanford Security Studies, 2009), 231. and Miriam Rajkumar. Deadly Arsenals, (Washington: Carnegie Endowment for Basrur, Rajesh M. South Asia's Cold War: Nuclear 34. Ibid. 232-233 International Peace, 2002), 191, 207. Weapons and Conflict in Comparative 35. Kapur 122. Perspective. London: Routledge, 2008. 56. Hans Born, Bates Gill, and Heiner Hanggi, 36. Although the ICB classifies the2001 eds, Governing the Bomb: Civilian Control Born, Hans, Bates Gill, and Heiner Hanggi, eds, Parliament Attack Crisis as a victory for and Democratic Accountability of Nuclear Governing the Bomb: Civilian Control India as well, the overall crisis outcome is Weapons, (Oxford: Oxford University and Democratic Accountability of Nuclear determined to be ambiguous because Press, 2010), 234. Weapons. Oxford: Oxford University Pakistan did not suffer a complete defeat, Press, 2010. 57. Jonathan Marcus, "India-Pakistan but rather achieved a compromise Military Balance." BBC 09 May 2003. Chakma, Bhumitra. The Politics of Nuclear outcome. . Publishing, 2011. 38. Sagan 232. 58. Swami 2009, 173. Cirincione, Joseph, Jon B. Wolfsthal, and Miriam Rajkumar. Deadly Arsenals. Washington: 39. Praveen Swami, "Pakistan Revisits 59. Ibid. 172. Carnegie Endowment for International the Kargil War," Hindu 21 June 2008, 60. Ibid. Peace, 2002. . 61. Menon 105. Gelpi, Christopher F., and Michael Griesdorf. "Winners or losers? Democracies in 40. Sagan 231. 62. Ibid. international crisis, 1918-94." American 41. Andrew Wyatt, "Two Steps Forward, One 63. Sagan 105. Political Science Review. 95. no. 3 (2001): Step Back: The BJP And The General 633-648. 64. http://www.cidcm.umd. And State Assembly Elections In India, Ganguly, Sumit, and Devin T. Hagerty. Fearful 1999–2000," Asian Affairs, 31, no. 3 edu/icb/dataviewer/variable. Symmetry: India-Pakistan Crises In The (2000): 291. asp?id=&level=2&name=GRAVTY. Shadow Of Nuclear Weapons. University 42. Here I combine the ICB’s data on the 65. Here I rank each state’s level of political- of Washington Press, 2005. Indian Parliament Attack (12/13/2001- military integration on a scale of 1-6, with Ganguly, Sumit, and S. Paul Kapur, editors. 1/12/2002) and the Kaluchak crisis 1 being the lowest level of integration Nuclear Proliferation in South Asia: Crisis (4/14/2002-10/17/2002), treating them and 6 the highest. These can be Behaviour and the Bomb. London: both as one continuous crisis, which is not achieved by separating the three strategic Routledge, 2009. uncommon in the literature on the crisis. winners (India 2001-2002, India 1999, Pakistan 1998) and the three strategic Haleem, Irm. "Ethnic and Sectarian Violence and 43. Ganguly and Hagerty 167-168 losers (Pakistan 2001-2002, India the Propensity Towards Praetorianism in 44. Praveen Swami, “A War to End a War: 1998, Pakistan 1999). The next step Pakistan." Third World Quarterly 24. no. 3 The Causes and Outcomes of the would be to rank each category from (2003): 463-477. 2001-2 India-Pakistan Crisis,” in Nuclear greatest integration to least integration. "ICB Version 10." Center for International Proliferation in South Asia: Crisis Behavior Of the winners, India 2001-2002 would Development and Conflict Management and the Bomb, eds. Sumit Ganguly and receive the highest ranking, 6, for its (2010).

70 JUIS Political-Military Integration and Nuclear Crisis in South Asia / James Marshall

umd.edu/icb/dataviewer/variable. asp?id=&level=2&name=GRAVTY>. Kroenig, Matthew. “Nuclear Superiority and the Balance of Resolve: Explaining Nuclear Crisis Outcomes.” International Organization (forthcoming, 2011). Marcus, Jonathan. "India-Pakistan Military Balance." BBC 09 May 2003. . Menon, Raja. “Nuclear Doctrine in South Asia,” in Nuclear Stability in Southern Asia, edited by P R, Chari, Sonika Gupta, and Arpit Rajain. New Delhi: Manohar Publishers & Distributors, 2003. Rizvi, Hasan-Askari. "Pakistan in 1998: the polity under pressure." Asian Survey. 39. no. 1 (1999): 177-184. Sagan, Scott, editor. Inside Nuclear South Asia. Stanford: Stanford Security Studies, 2009. Sechser, Todd S., and Matthew Fuhrmann. "The Coercive Limits of Nuclear Weapons." In Annual Meeting of the American Political Science Association, Seattle, vol. 2, 2011. Schelling, Thomas C. Arms and Influence:With a New Preface and Afterword. New Haven: Yale University Press, 2008. Swami, Praveen. "Pakistan Revisits the Kargil War." Hindu 21 June 2008. . Wyatt, Andrew. "Two Steps Forward, One Step Back: The BJP And The General And State Assembly Elections In India, 1999–2000." Asian Affairs. 31. no. 3 (2000): 285-294.

Spring 2013 71 The Politics of Land Policy Formulation and Participation The Cases of Uganda and Botswana

by Emily Johnson

and reform has been and continues to be a powerful tool leaders use to garner political legitimacy, maintain patron-client relations and suppress opposition. This paper argues that the inclusion or L exclusion of vying elites into the formal political sphere is a major factor in the land policy formula- tion process. In Botswana, uniform elite interests in commercial land have centralized decision- making to the higher echelons of bureaucracy. In contrast, in Uganda, competing elite interests in land and the exclusion of elites from the formal political sphere has driven a more pluralistic policy-making process. In both countries, bureaucratizing land management has enabled the dominant ruling class and regime to use land as a legal means of patronage. This is an extension of original fieldwork conducted in Uganda and Botswana.

Rapid urbanization, environmental elite interests and popular pressures politically explosive and contentious.4 degradation and increasing land throughout the policy-making process. State intervention in land tenure - whether scarcity all pose challenges to traditional In postcolonial Africa, conflict it disrupts, alters, or institutionalizes mechanisms of land management and over land is rarely about access, it is traditional systems of land use - can amplify the importance of designing most often rooted in conflicting and consolidate and centralize political control sustainable land use policies. Land, contradictory claims of authority to settle by incorporating or excluding tribal particularly in sub-Saharan Africa, is disputes, allocate property, and manage authorities from land management and central to people’s livelihoods and serves land and its resources.2 The colonial decision-making processes.5 as a platform for understanding the state legacy of legal and institutional pluralism This paper posits that the process and its relationship with communities. As in many African states has magnified of land policy formulation can aid in land connects political authorities to the competing struggles for legitimate and our understanding of political authority popular masses, it constitutes an integral recognized authority.3 Historical narratives and state-society relations. As both the component of the “patron-client chains of who originally had power to allocate land policy-making and implementation that link the national elite to the local and manage land shape contemporary processes are inherently political, level.”1 Land reform can thus radically struggles over land and its resources. land tenure reform raises a number of reconfigure state-society relations, How leaders respond to land conflict, questions: whose interests are land augment struggles for control over address complex competing claims to reforms servicing? How does conflict property and resources, and shed light authority over land, and develop and in authority over land allocation and on the salience of political motivations, institutionalize land tenure reform remains management manifest in the public

Emily Johnson. Emily Johnson is a senior at Beloit College where she studies international relations and African studies. After spending her junior year abroad in Uganda and Botswana, Emily was awarded a fellowship from Beloit and plans to return to East Africa this summer to continue her research on food security, land tenure and community conservation.

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arena? Who participates in the policy- Uganda, competing land interests and the Traditional authorities gradually making process? Is participation exclusion of vying elites from the formal accumulated the largest herds, utilizing meaningful or superficial? More political sphere has driven a transparent cattle as a tool of patronage to bind the importantly, whether the significance and pluralistic land policymaking process. client-patron system together.7 Since vested in the control over land has Land tenure reforms initially attempted cattle constituted the mainstay of rural evolved with changing interests can to advance the economic interests of the livelihoods upon independence, land provide insight onto the nature of political elite, and undermine the benefits reforms sought to promote and support policymaking and drivers of land reform. landowners and traditional authorities growth of livestock industry.8 However, The intersection of the politics of incur from the current land tenure these land reforms, which have sought policymaking and land reform remains arrangements. But the regime, faced to commercialize the livestock industry, largely unexplored in the discipline with mounting pressure from traditional has further exacerbated inequality; despite its ability to investigate broader authorities and landowning elites located by 1993, 91.7 percent of the poorest questions regarding the future of the outside its core, has reconnoitered the farmers only “accounted for 37 percent African state, democratic governance and adoption of participatory and consultative of the traditional herd while the wealthiest development. land policy-making processes. However, 2.4 percent held 39.4 percent.”9 Today, This paper argues that the inclusion following the Ugandan Land Act (1998), nearly half of rural households do not own or exclusion of vying elites into the changing political elite motivations have cattle. formal political sphere is a major factor fundamentally altered the nature of land Although commercialization of land in the land policy formulation process. policy formulation. The government, after and water resources has been met In Botswana, upon independence, establishing its sought-after legitimacy, with resistance in rural communities, traditional authorities and the nascent is now less concerned with sustaining Botswana’s land reforms have been met political elite held extensive economic elite alliances and more interested in with widespread praise internationally. and social ties to cattle ranching. securing resources for patronage and Despite increasing disparities in cattle Uniform interests and the subsequent ensuring regime hegemony. With evolving holdings and land ownership, Botswana’s incorporation of traditional elites political elite interests, opportunities system of land tenure and reform is often into political institutions enabled the for meaningful participation are being viewed as a model for the rest of sub- development of a cohesive, unified ruling increasingly restricted. The implications Saharan Africa.10 Scholars have hailed political class that continues to control of the exclusion or inclusion of traditional the country’s development, attributing decisionmaking and policy-making authorities into the formal political its success to sound and autonomous today. As the economic significance system for land policy formulation has public institutions and responsible of cattle ranching has partly become a been largely ignored in the literature. leadership.11 Upon independence, a legacy of Botswana’s past, a coalition The juxtaposing cases of Botswana and small and united political elite helped comprising political elites and business Uganda serve as lens for analysis. develop a professional state apparatus elites has emerged as the new dominant that promoted economic growth ruling class. Uniform elite interests in the Botswana: and ensured state intervention in the commercialization of agrarian and urban Commoditization of Land economy was strategically planned land has centralized decision-making and its Resources and selective.12 Responsible leadership to the higher echelons of bureaucracy, also has kept corruption and economic and as a result, land policy formulation Cattle historically served as the mismanagement to a minimum. In remains insulated from the public. In principal form of wealth in Botswana.6 addition, Botswana’s bureaucracy

Spring 2013 73 The Politics of Land Policy Formulation and Participation: The Cases of Uganda and Botswana / Emily Johnson

remains insulated from popular demands class and prominent cattle-ranchers, recent decades, centralized and insulated and political pressure, which has continue to dominate the higher-tiers of decision-making predominates. arguably contributed to its autonomy bureaucracy and hold a vast majority of and strength.13 As a result, land reform seats in the legislature.16 This unification Decline of Traditional and policy-making in Botswana is often also consolidated elite interests and Authority: Building New juxtaposed to its neighbors, where supported the development of a cohesive Institutions for Land collective decisionmaking is absent, and ruling class. The legacy of overlapping Management policy is often driven by the executive multiple social and political classes branch to enhance short-term political remains today: traditional authorities Before colonialism, “land rights popularity. The commercialization of still constitute some of the wealthiest among the Tswana people were enjoyed agrarian land is argued to have worsened commercial cattleranchers. The next by members of a particular tribe.”17 existing inequalities and facilitated the generation of elites, comprising high- The chief, the political head of the elite capture of wealth. Although it is ranking civil servants whose economic tribe, was responsible for distributing widely recognized that land tenure ties were less linked to cattle ranching, and allocating plots for residential and reforms have advanced the interests helped facilitate the transition from cultivation purposes to members. Chiefs of the dominant ruling class, policies livestock to urban real estate and held an enormous amount of political are seen as both developmentally and property. The political, economic and authority, which was further strengthened politically driven.14 educated elites were thus integral in the during the colonial era.18 The expansion establishment of a new real estate and of chief power, however, was short- Botswana: From business class. Continual overlap and lived.19 Upon independence in 1966, an Rangeland to Real Estate movement between private commercial emerging elite, comprising large-scale industries and state ministries has helped cattle owners, wealthy farmers and “In the gate-keeping state the key maintain a tight-network of elites that has intellectuals educated abroad, formed the to controlling resources is to control the major policymaking ramifications. new government and leadership class. state apparatus and, consequently, it is The incorporation and unification of The passage of the Chieftainship Act natural that economic and political power traditional authorities and the political elite (1965), which granted the president the should be in the same hands.”15 affected the development of the Tribal authority “to recognize, or not recognize Grazing Land Policy (1975) and continues a traditional power,” drastically curtailed The Tribal Land Act (1968) limited to impact contemporary land policy the autonomy of traditional leaders and tribal authority and stripped chiefs’ formulation. Throughout the development politicized traditional rule. As Ian Taylor ability to allocate land through the of the Tribal Grazing Land Policy, which illustrates, establishment of “land boards." With the made it possible for large-scale cattle introduction of land boards, chiefs and owners to buy private ranches, policy was "This at one blow meant that traditional authorities lost their formal not introduced to the public until after it potential opposition to building up a power to manage land. However, the was developed and finalized. Additionally, strong state apparatus and organising new government appointed chiefs and policy proved most advantageous to its concerted opposition to the new traditional authorities as bureaucrats architects - the traditional authorities and government was dissolved and the and senior civil servants, awarding them the political elite - who both benefited potential site of alternative power decision-making power within the formal extensively from cattle ranching and removed. Instead, traditional rulers, political system. The resulting alliance of the privatization of rangeland. Despite dependent on the state for official elites, comprising traditional authorities, the diversification of elite interests from recognition, served as facilitators for the educated Batswana, a nascent business cattle ranching to urban real estate in implementation of policy, particularly in

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the rural areas. In this sense, their role downwards from the central government was dominated by medium- and large- within Botswana was re-invented and to the rural masses … [and] insignificant sized cattle ranchers, furthered and chiefs became agents of the government input and influence flowed in the opposite advanced shared economic interests in at the grassroots level."20 direction.”25 Chiefs were given a symbolic commercialization and cattle ranching.31 - yet crucial - position at the village level, The BDP’s successful utilization While recognizing the cultural where the de facto power of district of inclusion to co-opt potential dissent significance of chief power and their councilors and members of parliament is part and parcel of contemporary connection to the peasantry, the political still is not fully realized by ordinary politics. Future land board appointments elite incorporated chiefs into advisory people.26 have paralleled the governments’ initial positions in public bodies in exchange Prior to the introduction of the aim of incorporating opposition and for the replacement of traditional Tribal Land Act, chiefs were engaged dissenting interests. Appointments are institutions.21 in negotiation with the emerging new often from “opposed factions or political Shortly after independence, the elite class. Chiefs faced the choice of parties within the local government, or Tribal Land Act (1968) altered traditional resigning, joining opposition politics or competing communities or alternative mechanisms of land management. cooperating and becoming part of the elites as well as the public at large.”32 Legislation limited chief and tribal system. The nascent elite class sought This tactic has significantly influenced the authority to ‘quasi-bureaucrat’ positions, to use “incorporation and inclusion as a nature of decision-making around the giving the Botswana Democratic Party means of building a coalition” of support land question. (BDP), the new ruling party, ultimate with the chiefs in order to ensure potential control over land. The Tribal Land Act disagreement and conflict was kept quiet Elite Cohesion and “created a new organization - the land from the public sphere.27 This strategy Centralized Decision- board - as the custodian of tribal land proved effective, leading to the end of making: Rangeland Land allocation, administration and recipient of real, traditional power that characterized Privatization any revenue generated from such land by the past and opening a “new chapter its private users.”22 Initially, land boards driven by conflict, coercion and reluctant Following independence, decision- were comprised of six members: the chief cooperation between the new state and making was largely controlled by the or his deputy as an ex-officio member, the chiefs.”28 In addition, by confining new united class front, who “all [drew] two members appointed by the chief, two chiefs to “symbolic” positions, the new extensive economic and political gains members elected by the district council, class of leaders eliminated the chiefs’ from cattle ranching.”33 High-level civil and two members appointed by the power to “compete for authority to servants, leading BDP supporters, and minister.23 Although the chiefs found this allocate resources.”29 However, the governmental officials control much of legislation particularly controversial as it incorporation of traditional authorities into the cattle industry.34 According to Picard stripped them of their traditional powers the modern state, Hillbom argues, has (1980), a similar socioeconomic class and contributed to the rapid decline strengthened the relationship between dominates the lower echelons of local of their political authority, tribal leaders “old and new political authorities, political structures as well. In short, the ultimately decided to cooperate with the between large cattle holders and dominant ruling elite shaped Botswana’s new government and become part of the government” and proved to be economic development agenda by the new system of land boards that had advantageous to political and economic furthering the commoditization of cattle replaced customary institutions.24 With elites who are increasingly becoming one and land resources and by restricting the the erosion of chieftainship, policy-making and the same.30 Both the bureaucracy policy-making process to the higher tiers in Botswana’s nascent administration and National Assembly, which in the years of bureaucracy.35 was further centralized: “authority flowed immediately preceding independence In the 1970s, concerns over land

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scarcity, overgrazing and desertification public announcement of the policy, tried ‘Dissemination’ as a means of ignited the push for the development of to create a coalition of support among ‘participation’ has emerged as recurring improved systems of land management.36 governmental officials while at the same component throughout BDP’s land policy Botswana’s National Development Plan time fending off critics of the proposed formulation process.42 (1970 -1975) also reiterated similar policy who substantively challenged the The formulation of the Tribal Grazing concerns over rangeland degradation. orientation toward commercial ownership Policy reiterates debate and decisions Over the next several years, political was explicit in the grazing scheme.38 surrounding development and land tenure remain confined to the higher echelons of bureaucracy and dominant ...the dominant ruling elite shaped Botswana’s line ministries.43 Opportunities for public economic development agenda by furthering participation sought to legitimize and the commoditization of cattle and land justify land reforms. As the Tribal Grazing resources and by restricting the policy-making Policy demonstrates, reforms were process to the higher tiers of bureaucracy. nearly complete when they were finally released to the public, and government- established channels of participation vis-à-vis kgotlas were premised on leaders flushed out several possible land The policy was not publicized building consensus and thus rarely policies: reform could radically redistribute until after the 1974 elections and the shaped or altered policy outcomes.44 communal land, rapidly privatize all land, sensitization campaigns that followed Uniform elite interests in agrarian or maintain the status quo and provide reinforce the policy was already land and the integration of traditional opportunities for the commercialization of predetermined. An internal government authorities into the modern state, land and bore holes in designated areas memorandum in April of 1975 captures resulted in the development of a cohesive within the country. As the first two options the concrete nature of the policy: “public political-economic elite. This has in turn would be unacceptable to the elite and discussion is not being undertaken in centralized policy-making, limited opening rural peasantry, bureaucrats focused order to debate the land development for public participation. on the latter: ensuring the preservation policy per se. Rather the position is that of customary institutions that ensured we have the policy and a proposition Land for Real Estate: tenure security while appeasing the for implementing it.”39 Local people Policy Formulation and growing demand for capital-intensive were involved through the government’s Professional Aspirations ranching and privatization.37 Designing large-scale information dissemination the Tribal Grazing Policy was a two-tier campaigns on the advantages of Unifying traditional authorities and process: At the decision-making level fencing and private, commercial the new political elite at independence less than 30 political leaders (in and ranches. Although some government were their shared social and economic around the cabinet) and an equal number officials collected perspectives and ties to the agrarian economy.45 Despite of bureaucrats in three ministries (Local new information about local land use, changing land use as a result of Government and Lands, Agriculture and “only marginal changes were made as a urbanization, political and economic elite Finance and Development Planning) result.”40 Additionally, this “consultation” interests in land have remained uniform. formulated the new land policy. At the piece of the process occurred after Public-private sector cooperation second level, policy elites, prior to the the policy had been announced.41 has helped build a dominant ruling

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coalition comprised of the political elite elite transition from cattle ranching to having any investment potential. Instead and the urban business class whose commercial enterprise, helped redirect most of these civil servants held shares in interests have significantly influenced investment and diversify traditional private companies and parastatals such the objectives and development of land sources of wealth. Many high-ranking civil as Botswana Development Corporation policy. Policy formulation still remains servants were encouraged to invest and (BDC), Sechaba Investment Trust and centralized, insulated from the public become shareholders in urban real estate Sefalana and commercial banks.”52 and subject to elite domination.46 As the companies.50 Due to rising value of land Civil servants are personally invested in case of Botswana demonstrates, the and property, particularly in urban areas, the success and growth of the private diversification of elite interests in land has elites both within and outside the ruling real estate industry sector “despite the not led to more widespread participation. party sought to “secure a major share of tendency of political leaders to conceal Rather, the unification of the political elite new wealth for citizens rather than letting their economic interests.”53 Movement and urban business class has ensured it be siphoned off largely by expatriate to and from state land agencies and the development of policy that continues investors.”51 The redirection of investment the urban real estate sector has to service and advance elite interests in and capital accumulation in the 1980s facilitated the gradual incorporation and the commercialization of land. laid the foundation for future collaboration institutionalization of the preferences and The gradual localization of civil between top-level civil servants and interests of real estate companies into the service provided opportunities for commercial industries, a defining public sector.This raises questions about public sector employment in urban characteristic of policy-making today. the alleged objectives of land policy and areas, particularly in Botswana’s capital, Land policy formulation, initially has blurred the distinction between public Gaborone. Private industries and the dominated by the new political elite, resources and private wealth.54 government, which today employs over wealthy cattle ranchers and traditional Since the Tribal Land Act, the half the formal sector, absorbed much of authorities that occupied the higher composition of land boards has changed the well-educated and skilled elite class echelons of bureaucracy and held significantly. Today, the chief nominates in major urban centers, thus reducing the positions on land boards, is now one member to serve on the land board historical elite dependence on agrarian tightly controlled by a nascent public- and the Ministry of Lands selects three land.47 Urbanization in combination with private coalition comprising real members from a list of candidates heightened opportunities for formal estate barons, business elites, and compiled by the village kgotla. The sector employment in cities has led to a highranking civil servants, all of whom four remaining members are ministerial growing focus on the tourism, real estate have ties and connections to both appointees: one represents the Ministry and property development industries as the public and private sectors. The of Agriculture, one represents the Ministry potential areas of investment.48 With the University of Botswana Democracy of Commerce and Industry, and two realization that maintaining an agrarian Project, commissioned by American members are elected from the district base of material wealth was financially and Batswana political scientists and council. The current membership on risky, civil servants gradually made the sociologists, underscores the economic land boards reflects the waning role of transition to business. In May 1984, transformation of civil servants and traditional authorities, and reinforces that legislation that restricted civil servants’ urban elites. A survey conducted by the civil servants continue to dominate land- participation in for-profit enterprise Project in 1989 found that “70 percent related decisions. This not only privileges and business was lifted.49 This policy, of permanent secretaries did not own bureaucrats to insider information, but which Werbner asserts was a deliberate cattle or at least they did not perceive senior-level civil servants and politicians government strategy to facilitate the of cattle post [sic] their family owned as often receive preferential treatment in land

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allocation and public lending schemes. an individual has five years60 to make real estate sector, as “state bureaucrats Problems have arisen in peri-urban improvements and build structures on the working in land administration agencies areas where the demand and value is land. Unable to complete construction picture themselves working in the private particularly high, and its availability is or make investments on the plot, youth real estate in the future … [so] they tend scarce. Land shortages have encouraged have a tendency to sell the land to to make policy decisions with these future individuals to circumvent land boards and outsiders, most of whom are wealthier roles in mind.”65 Bureaucrats in state the legal system, using the advantages and work in Gaborone. This cycle not land agencies who envision a career of political influence or monetary power.55 only exasperates poverty but perpetuates in the private real estate sector build As urban land had become increasingly the elite’s monopoly over urban land: social capital and take advantage of the scarce, wealthy urbanites, political elites poorer residents sell their plot illegally connections made while working as a and urban laborers, searched for cheaper or legally, wealthy urban residents most civil service with real estate developers housing and residential plots in many often buy the plot, and can afford to and private contractors.66 Maintaining a of the villages bordering the capitol. In make investments and developments cohesive alliance between bureaucrats the 1980s, with growing evidence of to enhance its value.61 In response and real estate developers is mutually widespread illegal and unauthorized to escalating scarcity and the illegal beneficial as real estate companies land transactions in Mogoditshane and transfer and sale of land in urban areas, depend on a well-functioning market other peri-urban villages surrounding Tlokweng Land Board has held a number with clearly defined and harmonized Gaborone, the president established a of workshops and meetings with private institutions governing land and property. Commission of Inquiry to investigate the sector investors and youth members of The movement and overlap between problem.56 The Commission’s findings the village.62 While incorporating youth is the public and private sphere has implicated a number of high-level officials clearly important, how the presence of impacted the nature of participation. In and politicians had been engaged representatives from banking and financial 2006, the Minister of Lands and Housing, in illegal land sales and speculation. institutions - who have clear objectives Nonofo Molefhi, held a consultative Often it was leading ministers and BDP and priorities - influences these meetings workshop on land policy. The workshop, parliamentarians informally acquiring and workshops is questionable.63 More premised on local participation and residential land, allegedly encouraging recently, there have been a number consultation, included “senior government and pressuring legal owners to sell of reported cases where long-time officials, land board members, tribal property.57 bureaucrats have been allocated prime leaders” and representatives from While conducting fieldwork in land at below-market value costs in order financial institutions.67 The composition of Tlokweng, a peri-urban village outside to pursue a joint real estate development participants reiterates that real decision- Gaborone, I drew similar conclusions project. Additionally, as demand for making power lies with elites located nearly two decades later. Land boards are residential land has relatively subsided, within the political and private sphere. still accused of allocating land inequitably, bureaucrats who hold shares in financial It also reinforces that any resistance to favoring those with political and economic institutions or real estate companies proposed land policies and the further capital, and ignoring citizens with few have been able to qualify and secure commercialization of land must occur cattle and little political power.58 The illegal loans to finance development projects outside formal governmental channels. sale of communal land plots in Tlokweng on commercial land on the periphery of Government-sponsored workshops on and other peri-urban villages is evident Gaborone.64 land policy serve as a space for inter-elite in weekly newspaper advertisements, In addition, the personal career negotiation, not popular mobilization. which continues to be driven by the aspirations of civil servants in state land Despite evolving elite interests, the high demand and low availability of ministries reinforces the development nature of contemporary policy-making in land.59 If allocated an undeveloped plot, of policies most advantageous to the Botswana remains similar to the process

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of land policy formulation at post- estate has not fundamentally changed of land in Buganda was redistributed to independence: negotiation and review the policy-making process in Botswana. those who had assisted the British in continue to be kept insulated from public The political elite and urban business administering indirect rule. These land scrutiny, dialogue takes place within class share economic interests in the allocations created a new form of tenure, public institutions and formal government commercialization of land and institutional mailo, which fundamentally restructured channels, and those with most economic preferences. As a result, inter-elite chief-peasant relations.71 Those currently power tend to yield the greatest negotiation continues to shape the living on mailo land became tenants, and influence throughout the policy-making formulation and outcome of land policies. colonial collaborators - which included process. Opposition leader, Dumelang traditional authorities, chiefs, and elites - Saleshando, in response to the annual Uganda: Land and State who were awarded plots of mailo72 land State of the Nation Address, epitomizes Hegemony became landlords. Thus, this agreement the domination of wealthy BDP affiliates not only altered traditional systems in land: Unlike Botswana, which incorporated of land tenure, but it also facilitated many traditional authorities into the development of a landlord-tenant Corruption in land allocation mainly the contemporary system of land hierarchy that persists today.73 In addition, by a clique of powerful individuals with management, the Ugandan government the British tied the power of the Kabaka, political connections with the BDP is the remains in constant negotiation with the Buganda elite, and chiefs directly to main problem we have. Our history is traditional authorities over land tenure land. Although this effectively curtailed replete with examples of documented arrangements. The ongoing struggle the formal political power of tribal leaders, land scandals from the Kgabo to the between traditional authorities and the Buganda elite class of landlords Lesetedi Commissions. We all know the central government has delayed and traditional authorities continues to that the majority of those who were much-needed land reform and sparked be a source of contention for politicians caught with their fingers deep in the till controversy throughout the country. in Uganda.74 Contemporary debates were government ministers and some Although conflict over land is not new surrounding land reform are rooted in the powerful land grabbers, speculators and in Uganda, exclusive and competing unresolved issue of mailo tenure.75 developers with links to the BDP and are claims to authority have augmented Under colonial rule in both Botswana known to bank roll the BDP campaign with population growth and increased and Uganda, the authority of chiefs and machinery during elections.68 land scarcity, particularly in the central kings was strengthened and checks and region of Buganda. Historically, Buganda balances that had historically curtailed Although development planning was the most dominant and influential traditional power were diminished. is no longer as centralized and state kingdom. The British reinforced this In Botswana, traditional authorities ministries have a larger degree of distinction during the colonial era, have been included and incorporated autonomy, decision-making today still elevating the status of the Buganda into the formal political system to an services institutional preferences and Kabaka, the monarchy, as well as other unprecedented degree. Uganda’s past economic interests of the political and traditional authorities and elites from the rules have attempted to suppress the urban business elite. Sebudubudu and region. This has drastically enhanced the emergence of ethnic politics.76 Chiefs Molutsi (2009) capture the nature of bargaining power of Bugunda elite post- were perceived as a threat to regime policy-making: negotiation is restricted independence.70 hegemony and thus have been historically to “a grand coalition of elites at work,” Prior to colonialism, land was vested excluded from the political system.77 Yet, where “voices are heard and bargains in traditional bataka or clan leaders. With despite varying degrees of inclusion and and balancing of interests are made.”69 the signing of the Buganda Agreement incorporation, both states have utilized The shift from agrarian land to urban real of 1900, a total of 8,000 square miles “the powerful instrument of nomination”

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to resolve contradictory and competing of civil war, the NRM purported that of the Public Land Act, which vested claims to land. This has indoctrinated a it would not succumb to nepotism, a public lands into the hands of the state.81 system based on political appointments defining characteristic of past regimes, However, given the Act did not apply to and patronage, where recognition and and instead argued the movement was mailo, freehold or leasehold land, it did rewards corresponded with participation grounded on national consensus.79 not significantly change the land tenure in decision-making and access to Upon Yoweri Museveni, Uganda’s system.82 In 1971, Obote was overthrown resources.78 current president’s ascent to power in in a military coup. Soon after, Idi Amin, 1986, land emerged as a major source Uganda’s new dictator implemented Uganda: From Anti- of conflict between varying classes and the Land Reform Decree of 1975. This Sectarianism to groups. Initially, land policy formulation declared all land, regardless of tenure Ethnocentrism? followed the rhetoric of the NRM at the classification, public land. With the aim time: the policy-making process was of creating a new land-owning oligarchy The Ugandan state, in contrast broad-based and incorporated a variety in Buganda, landlords and the Buganda to Botswana, is characterized as a of stakeholders, traditional leaders, and elite ignored the 1975 Decree; hence, semi-authoritarian regime. The current elites located inside and outside formal Amin’s radical reform was also met with government has taken limited measures government institutions. However, as limited success as it failed to substantially to democratize, and it has become the focus has shifted to centralizing alter the status quo. increasingly clear that the regime has control and establishing narrow loyal and According to Tripp, “[r]ather no interest in relinquishing power. resource-dependent bases of support, than dampening ethnic sentiment … Multi-party elections are neither fair land-related decisions have become [Obote’s] efforts to destroy Baganda nor competitive, and as a result, the increasingly dominated by the executive symbols served instead to fuel Baganda ruling party, the National Resistance and space for dissenting traditional ethnonationalism,” ultimately contributing Movement (NRM), controls both the authorities and civil society organizations to his downfall.83 The failures of Uganda’s legislature and executive branches of has shrunk. past leaders to build Baganda elite government. The Ugandan Parliament, alliances and integrate Buganda into which, since the mid-1990s has lost most Overview of Land Tenure decision-making demonstrates the salient of its independence due to heightening in Uganda threat traditional authorities pose to executive dominance, is responsible for regime legitimacy and hegemony. Obote drafting and designing land policy and Soon after independence, conflict and Amin used land reform as way to tenure reforms. Although the international between the Buganda Kabaka, who facilitate state expansion and undermine community supports recent land reforms, served as the Head of State and Prime the power of traditional authorities. Yet, because policy-making occurs in the Minister Milton Obote erupted. Obote the centralization of decision-making in legislature, land policies are arguably abolished all kingdoms in 1966, and these military and authoritarian regimes more prone to short-term popular suspended the constitution. The power of contributed to their own demise. pressure and political motivations. the central government was strengthened Today, despite cooperation during When the NRM came to power in and centralized at expense of Kabaka the NRM’s ascension to power during the the 1980s, its platform was premised and tribal kingdoms.80 Obote then early 1990s, the Buganda-NRM alliance on anti-sectarianism and broad-based attempted to undermine the power of has deteriorated. As the new government governance. Determined to build the Ugandan landlords and autonomous grew less concerned with building national unity after nearly a decade Buganda elite vis-à-vis the introduction popular support and alliances, power

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became increasingly centralized “in a way fundamentally transformed Buganda to the landlords, or acquire political backing that left little room for meaningful power “an institution located outside the political from the regional elites by preserving sharing.”84 Although compromise over the sphere and formal state structure.”87 This mailo tenure. Land Act (1998) was eventually reached, decision not only guaranteed support Makerere University’s Institution of subsequent land amendments have cost from the elite class, but also ensured Social Research and the University of Museveni and the NRM legitimacy in the support from the traditional leaders’ Wisconsin’s Land Tenure Centre were eyes of the Buganda and other tribal followers who deeply valued the symbolic contracted to conduct a study on land kingdoms. and cultural significance of the kingdom. tenure and development. The study set Lastly, although formal recognition was forth several recommendations. First, The NRM: A Broad-based a step towards appeasing the Baganda it stipulated the expansion of freehold Coalition monarchists and elites, by confining tenure and the continual development of the kingdom to a “cultural institution” a free land market should be introduced The restoration of Kabaka and without formal political power, the NRM as a mechanism to transfer land from the Buganda kingdom was a rallying simultaneously was able to undermine unproductive farmers to efficient farmers. call of the NRM during the civil war, the threat Buganda posed to its own The study advised all existing forms which helped set the foundation for hegemony.88 of tenure be converted into freehold positive relations with the kingdom through a land-titling program in order to and landowners upon the toppling The Land Act of 1988: develop a uniform and cohesive tenure of Obote. Although Museveni and Power, Negotiation, and system. Lastly, the consultants expressed the NRM originated from western Compromise concern over potential landlessness Uganda, a number of its founding through titling and recommended that members were native to the south and Soon after Obote was overthrown, citizens without any alternative livelihood the movement later received support absentee landlords and the Baganda elite should not be evicted off their land.90 from several Buganda monarchists of returned and began collecting rent from These findings were met with a number central Uganda.85 Once receiving power, their tenants. Rural landlords were also of criticisms. Many Ugandans expressed however, the NRM distanced itself from concerned about the NRM’s potentially skepticism over the applicability of the its support for the Kabaka in order to socialist agenda, and sold land - which recommendations, as there were severe preserve its image as an anti-sectarianism evicted tenants who had often lived geographical limitations of the study. movement. Desperate to refrain from on the land for decades - in fear land The study also appeared to have been seeming embroiled in ethnic politics, would be nationalized. Individuals who heavily influenced by the Baganda elite.91 the NRM struggled to simultaneously had lost land under Obote - through In addition, the study was undertaken appease Buganda elites. 86 gazetted protected areas or land grabs at the height of the popular donor- The NRM quickly realized the from the powerful - reclaimed their land driven campaign of privatization and cultural significance of kingdoms and with the new government.89 The NRM neoliberalism.92 the monarchy to both the peasants and rapidly needed to address the state of Debate over the land question traditional rulers. The government first uncertainty and conflicting claims to in Buganda and throughout the recognized the traditional rulers, but land and was faced with a choice: to country was part of the constitutional restricted kingdoms to cultural functions. enact progressive land reform that would talks preceding the development Prior, the Buganda kingdom had acted support the Buganda peasantry and thus of the 1995 Constitution. In 1993, as a functioning state within Uganda; this undermine the customary authority of representatives from Buganda were

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elected to the Constituency Assembly. against the Land Act.97 By turning calls property disputes. While the management These representatives, who formed for pro-poor and redistributive policy of land in communal land was the well-educated Buganda elite, into ‘radical communist reforms,’ the decentralized to civilians, “former public also comprised the landowning class. elite successfully garnered support and land in Buganda” was to be administered During constitutional debates, Baganda won the support of the peasantry. The “in the name of the Kabaka.”100 Thus, representatives alleged its constituents NRM was forced to concede to the the Land Act incorporated both civilians were also supportive of the restoration elites, as its legitimacy with the landlords and the Kabaka into land management, of mailoland and a federal state.93 Since and tenants was now both at stake. attempting to balance the needs of the the views of tenants and peasants were Forging an alliance with the autonomous, peasantry and simultaneously restore underrepresented in the Constituency powerful elites and landowners who mailo land to appease the landlords. Assembly, the NRM government also carried the support of the peasantry Elite-driven mobilization was also evident reconnoitered the adoption of and tenants was crucial for establishing during Uganda’s constitutionmaking participatory and consultative land policy- the new government’s sought-after process. In pursuit of power, elites making process. Granting formal title legitimacy. In a parliamentary address, effectively mobilized constituents “to to long-term occupants and improving Museveni underscores the compromise make the public think as they did about the tenure security of tenants living on and negotiation that eventually led to the the process and the constitution.”101 mailoland would simultaneously diminish development and implementation of the Civilians’ reliance on elites and local the power of landlords and Buganda Land Act: political leaders for information and insight elites. Thus, it was crucial for the NRM does not solely apply to land policy to include mailo tenants, who advocated Faced with such historical distortions formulation, but policy-making at large. vehemently for enhanced tenure security one has three options: to side with the in countrywide debates. Throughout oppressor against the oppressed; to Changing Political the drafting of the Land Act, civil society stand with the oppressed against the Motivations: Narrowing organizations also played an important oppressor; or to promote a compromise. Alliances and Exclusivity role, representing the opinions of the poor If you side with the oppressor we call and marginal.94 it oligarchism, counter-revolution or After attaining legitimacy and The international community has repression. If you side wholly with the accumulating the necessary support praised Uganda for maintaining a oppressed we call it revolution. If you base from the Buganda, the salience of “relatively open process of consultation” promote compromise, we call it reform. preserving regime hegemony through and involving all stakeholders during the The NRM prefers a reformist approach.98 increasingly narrow patronage alliances Land Act’s deliberations. In September has become more important than 1998, the Ministry held a national Escalating Baganda disillusionment maintaining broad-based support. workshop that sought to “refine the with the NRM waned with eventual Political motivations shaped the process action plan, build consensus among compromise over the Land Act (1998). of land policy formulation following the stakeholders, and raise awareness within The Land Act granted the authority of Land Act of 1998. A wide variety of the donor community.”95 Although it land management to appointed citizens actors - including politicians, civil society was imperative to hold consultations, and civil servants, shifting power away organizations, customary authorities, “it was equally obvious that it would be from elected politicians and local cultural leaders, elites and the general impossible to secure a consensus.”96 councilors.99 Land Committees and Land citizenry - have access to voice concerns The Buganda elites, utilizing Buganda Boards, a new body of institutions that throughout the policy formulation nationalism as a popular mobilization operated at the parish and district-levels, process. Yet, evidence from more strategy, effectively incited the tenants were established to manage land, resolve recent years indicates local participation

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is of diminishing importance to those facilitate the transfer of land from representatives seemed to agree with this in power. Additionally, the Buganda landowners, district land boards to state opinion but unfortunately, the government kingdom is less willing to voice criticism ministries.106 proceeded to table the bill in Parliament a as it could jeopardize losing its official There are a number of noteworthy week later.110 state recognition. Changing political elite criticisms surrounding the amendment’s interests and the diminishing autonomy formulation. Members of the Buganda Despite mounting resistance to of the Buganda kingdom is evident kingdom claimed the first amendment the amendment, the Land Bill was through the drafting and development of was hurriedly drafted without consultation successfully passed by parliament in subsequent land amendments. and “proper procedures.”107 Two years 2009, securing votes from 112 members Despite building relative compromise later, in 2009, policy-making was still of parliament from the NRM and 52 over the Land Act of 1998, there has characterized as “rushed” and “unfair,”108 members of parliament from opposing been controversy over subsequent land and when the amendment was eventually parties; only three NRM members of amendments, most notably the Land passed, it was “bull-dozed through a parliament voted against the bill.111 Act Amendment of 2007, which was partisan Parliament disregarding the These reforms have conflicted with eventually passed in 2009. The Land Act hundreds of memoranda submitted in the interests of the Baganda elite and the Amendment of 2007 purportedly aims to objection to its provisions.”109 Civil society monarchy, who have in turn mobilized protect tenants against forceful eviction organizations held public dialogues about their constituency against politically- by curtailing the powers of landlords and proposed changes in land laws, and driven ‘land grabbing’ and the further penalizing landlords for illegal eviction. included line ministry representatives privatization of land in Buganda.112 Mounting concerns, however, question and members of parliament both from Opposition to the recent 2007 land the amendment’s alleged intentions. the opposition and NRM, as well as amendment, comprising the peasantry The amendment grants presidential and cultural and religious leaders, the press, and the elite landowning class, has ministerial appointees the authority to and the general public in deliberations. “mobilized around customary land as a resolve disputes over land, thus removing Throughout the consultations and safeguard,” thus reinvigorating the debate “the power to adjudicate land disputes heated public debate, numerous groups over customary law and indigenous from the judiciary.”102 Additionally, the expressed concerned over several mechanisms of land management, Ministry of Lands is now able to grant ‘loopholes’ in the proposed amendment, arguing these traditional institutions long-term occupants title on mailo land, yet these loopholes remained intact serve as an important way to defend without acquiring consent from the in the final amendment. In 2008, the and protect their interests and rights landlord.103 Skeptics in Buganda as well Foundation for African Development, a “against an increasingly arbitrary and as in the north and east are worried the non-governmental organization, held a authoritarian regime.”113 A survey amendment will ease the government- national meeting with the aim of bringing conducted in November 2008, prior to backed occupation of land.104 Baganda all groups together. Although this was the passage of the Land Amendment Act, landowners are concerned if their power the first national dialogue that included reiterates the success of the Buganda to evict tenants is removed, state-backed all stakeholders since the act was first sensitization campaign, finding a majority investors in allegiance with Museveni will proposed in 2007: of respondents were discontent with be able to occupy, settle and ultimately Museveni’s land policies. Most of this take control of their land.105 More recent All participants seemed to agree dissatisfaction stemmed from the way proposed reforms indicate the central with one thing; that the proposed Museveni had handled land conflict in government is also advocating for the changes in the law were rushed and were the central region of Buganda. Despite conversion of mailo land to leasehold not backed by a thorough consultative growing frustration in 2007 and 2008 land, which opponents believe would process with citizens. The government over the government stalemate to redress

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this discontent,114 NRM representatives to change political power. To contest Implications for and government officials continued to power effectively, individuals have to be Development Planning employ the same rhetoric to justify the able to organize outside the NRM.”119 and Land Policy proposed reforms: “The land amendment The waning autonomy of the Buganda Formulation bill creates a mechanism for regulating kingdom has cost it its bargaining power. the relationship between tenants and Nonetheless, Buganda leaders and Museveni’s rhetoric of broad-based, landlords, thereby protecting tenants landlords have taken up controversial consultative reform was shortlived. By against unfair eviction while ensuring the tactics to raise awareness about the the mid-1990s, it soon became “clear rights of landlords.”115 “hidden agenda in the land amendment the NRM had tightened its grip in a way The powerful and autonomous bill.”120 These strategies include radio that left little room for meaningful power Buganda elite class pressured the NRM programming to incite Buganda sharing.”125 As traditional sources of to adopt a more participatory process in nationalism and fundraisers to support patronage dwindled and elite demands land reform in the early 1990s. However, ‘impoverished’ landlords who have “been on the regime intensified, the NRM’s Buganda was unsuccessful in striking forced to sell land to the government.”121 coalition of support became increasingly compromise and preventing the passage The Central Civil Education Committee, narrow. As a result, “the control over and of the Land Amendment Act nearly an awareness and advocacy campaign the distribution of privatized land [has] a decade later. A number of factors created by the Buganda Kabaka, become central to Museveni’s strategy to account for this change. Museveni’s was established for the sole purpose entrench himself at the apex of Ugandan victory in Buganda in the 1996 and of orchestrating popular mobilization politics.”126 The Land Amendment Act of 2001 general elections suggests the against the proposed Land Act (1998) 2007 grants civil servants and officials diminishing salience of forging inter- and subsequent amendments.122 from the Minister of Lands the authority elite alliances as a means to secure Despite changing political motivations, to settle disputes, turning the power of popular support, thus stripping Buganda maintaining popular support has not land distribution into a privilege granted of their bargaining power which was become irrelevant. More recently the to political allies.127 According to Kibirige critical during the restoration process.116 NRM has engaged in similar information Mayanja, this would transform land Museveni has also attempted to confine campaigns to counter Buganda’s into “a political cake to be dished out the Buganda kingdom’s participation accusations, and Museveni has to NRM supporters.”128 Granting the to a purely apolitical and cultural role. established a Presidential Task Force and powers of land management to state The monarchy, which has become more “fellow fighters” that will assist in “undoing ministries parallels the state’s efforts to dependent on the NRM for resources, is the lies told by” the Buganda Central “create vertical linkages of dependency now less willing to challenge the regime Civic Education Committee.123 Both elites and patronage” as evident with other as it risks losing “various privileges have used information dissemination resource bases.129 Following the 1995 and sources of government funds.”117 and radio programming to compete for Constitution and the 1998 Land Act, it is Contesting power effectively and making legitimacy. Today, the NRM today is seen clear political interests vested in land have substantial political change requires as abandoning its alliance with both shifted from acquiring legitimacy in the mobilizing outside the NRM’s entrenched the Buganda peasantry and customary eyes of the people towards “competition and narrow network.118 As Bazaara authorities in pursuit of state expansion for influence and power which comes demonstrates, “the broad-based coalition and enhancing patronage networks.124 with demonstrated control over land has become a method of co-opting matters such as ownership, allocation, individuals, not a strategy for trying and access.”130

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In addition to building patron policy-making. The president exerts more of cattle ranching and agrarian land networks vis-à-vis preferential land control throughout the contemporary land has become a legacy of Botswana’s allocation and ministerial appointments, policy formulation as political interests past, real estate and urban land are of Museveni has been accused of have shifted from establishing legitimacy increasing importance. Yet changing converting public land into freehold to preserving regime hegemony. By elite interests have not fundamentally tenure, which is then awarded to political granting clients and allies the power of reconfigured policy formulation. Today, supporters and clients. Land, allegedly land distribution and dispute resolution, decision-making remains dominated by belonging to the Buganda kingdom, Museveni aims to co-opt elites and a new public-private sector coalition of has been privately auctioned and sold support increasingly narrow networks of political and economic elites. Movement to national and international investors, patronage. to and from state land ministries and most controversially the sale of Mabira real estate companies has blurred the Forest to the Sugar Corporation of Analysis: Land as Legal distinction between the bureaucrats Uganda Limited (SCOUL), a private and Legitimate Tool of and private sector elites, facilitating the sugar manufacturing company.131 Patronage? development of a ruling class that has Controversy over the sale of Mabira gradually become one and the same. and frustration over proposed reforms The cases of Botswana and Bureaucrats have personal investments and the Land Amendment of 2007 has Uganda demonstrate how the location in the private real estate sector; thus, the led to a number of highly publicized and distribution of elite interests shape institutional preferences of real estate contestations between the Buganda elite the land policy formulation process. agents have become gradually ingrained and the NRM.132 Competing claims to In Botswana, immediately following and institutionalized into Botswana’s land in the Buganda region has led to independence, the central government land tenure policies. Opportunities popular protest and violent clashes, at claimed ultimate control over land by for meaningful participation in land times directly targeting the controversial abolishing traditional institutions of policy formulation remain limited as the investors.133 Although the government’s land management and replacing them objectives and priorities of land policy is reforms allege to improve tenure security with land boards. However, traditional largely based on the uniform interests of and eradicate the hierarchical landlord- elites were appointed to the senior level the business and political elite. tenant system, peasants have too “begun positions in the bureaucracy and awarded In Uganda, upon Museveni’s to support customary institutions given decision-making powers. The unification assumption of power, the NRM restricted the threats government sponsored land- of traditional authorities and the political traditional authorities to symbolic, grabbing has represented to security of class, and the subsequent incorporation apolitical institutions and awarded few tenure.”134 of vying elites into the formal political traditional authorities political positions. In Uganda, while the location of sphere has centralized decision-making Throughout the drafting of the Land elite interests outside the formal, political and insulated policy-making from the Act, the traditional authorities and the sphere can help ensure negotiation, public. Shared social, economic and Buganda kingdom utilized their autonomy compromise and transparency political ties to the cattle ranching industry from the political sphere to advance their throughout the drafting of land policies, laid the foundation for the development of interests in nonconventional and informal changing political interests have a cohesive ruling political class. channels of contention. Disconnected fundamentally altered the nature of As the economic significance from the ruling regime’s network, the

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Buganda elite effectively mobilized Inter-elite negotiation in Uganda initially and as a result, gradually become constituents and posed a constant occurred between elites located inside incorporated into the regime’s network.136 threat to regime legitimacy during the and outside the formal political sphere, Although NRM alliances have become development and design of land policy. driving a pluralistic and transparent increasingly narrow, bureaucratizing land It was essential for the NRM to establish land policy formulation process. More management could broaden the regime’s legitimacy in Buganda and throughout recently, reforms have attempted to network of support. Shifting decision- Uganda. This necessitated that the bureaucratize land management, which making power to presidential and regime compromise, negotiate, and co- would centralize decision-making powers ministerial appointees serves as a way to opt the Buganda elite and the popular and drastically reduce the autonomy incorporate landlords and the Buganda masses throughout the policy-making and power of Buganda landlords, tribal authorities into formal systems process. However, as political interests economic elites located outside the NRM of land management, and would draw have shifted from securing legitimacy to network. However, tenure reforms would parallels to the elite-encompassing nature maintaining regime hegemony, the nature simultaneously enable the regime to of policy formulation and decision-making of policy-making has altered significantly. award, co-opt and bring in vying elites by in Botswana. Land, which can be utilized as tool of awarding allies with the powers of land In addition, bureaucratizing land patronage, has opened up opportunities distribution and land dispute resolution. management in Botswana has enabled for expanding the regime’s resource While it is unclear whether Museveni will elites, located within allegedly sound base and patronage network. Although use land reform as a way to incorporate public institutions, to use public resources the government still holds land policy the Buganda landlords or further curtail for private gain. Not only does this workshops and involves a wide-variety their authority, my findings suggest elites challenge the conventional narratives of stakeholders throughout the policy- historically located outside the formal, about the nature of governance and making process, popular participation political sphere are becoming increasingly policy formulation in Botswana, but it also questions the potential of bureaucratic and technocratic land management solutions. Efforts to bureaucratize land Today, decision-making remains dominated management in Uganda have been by a new public-private sector coalition viewed as a strategic tactic to drastically of political and economic elites. curtail the power of vying elites, and have arguably turned land into a tool of patronage. If land allocation and carries less weight and influence. dependent on the center for resources. distribution are tactics to service political The cases of Botswana and Uganda Thus, land reforms have enabled the needs, technological training and draw remarkable similarities. In Botswana, ruling political party in both countries to capacity-building workshops for land counter-pressure and dissenting elites use land distribution as an instrument to board members do little to fundamentally have historically been incorporated coopt and recruit a multiplicity of elites alter the nature of the state. within formal, political institutions through into the government. Bureaucrats, real Lastly, international community “the highly cultivated art of open- estate agents, foreign investors, tribal has encouraged central governments ended compromise.”135 Because policy leaders, and ethnic representatives, to incorporate customary institutions formulation is a product of inter-elite all “united by their common interest into the formal political sphere, often negotiation, there is limited popular in accessing the state resources,” using Botswana as a model. Despite consultation and civilian participation have received preferential treatment praise over Botswana’s incorporation of throughout the policy-making process. in land allocation and participation, traditional chiefs into political system,

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Batswana express “the lowest levels of land management and customary “Land Tenure and Management Reforms in Southern Africa - The Case of of confidence … in their integrity” and law were not democratic, efforts to Botswana,” Land Use Policy 17 (2000); only 37 percent view chiefs as free bureaucratize land management in Musisi Nkambwe and Wolter Arnberg, “Monitoring Land Use Change in an 137 from corruption. This indicates the both Botswana and Uganda have African Tribal Village on the Rural-Urban integration of chiefs into the status fundamentally altered the nature of the Fringe,” Applied Geography 16.4 (1996); Ato Kwamena Onoma, The Politics apparatus and their unification with the state. While Botswana and Uganda may of Property Rights Institutions in Africa political ruling elite not only influences introduce land policies that allegedly (Cambridge University Press: Cambridge, 2010). the nature of policy formulation, but also foster agricultural efficiency and ensure 11. Samatar (1999). affects local perceptions of traditional tenure security for the poor, these 12. Kenneth Good, “Corruption and authority. Traditional elites located outside reforms may nonetheless exacerbate Mismanagement in Botswana: A Best- the regime network can serve as a check existing inequalities by furthering the legal Case Example?” The Journal of Modern African Studies 32.2 (1994), 500. and balance to the state throughout monopolization of land into the hands of 13. Ian Taylor, “The Developmental State in the policy-making process. With the the elite. Africa: The Case of Botswana” in The recognition that there are alternative Potentiality of ‘Development States’: Botswana and Uganda Compared (Dakar, non-Western paths to democratization, Endnotes Senegal: CODESRIA, 2005). my findings raise the question of 14. Taylor (2005), 51. whether popular mobilization and 1. C. Southgate and D. Hulme, “Uncommon 15. Hillbom (2005), 87. Property: The Scramble for Wetland in participation through informal channels Southern Kenya” in African Enclosures? 16. Taylor (2005), 47. can be more valuable than participation The Social Dynamics of Wetlands in 17. Clement Ng’ong’ola, “Land Problems in Drylands (Oxford: James Currey, 2000), through formal, western governmental Some Peri-Urban Villages in Botswana 112 and Problems of Conception, Description institutions. Despite waning autonomy 2. Christian Lund, Local Politics and the and Transformation of ‘Tribal’ Land Tenure” and heightening executive dominance in Dynamics of Property in Africa (Cambridge Journal of African Law 36.02 (1992), 141. University Press: Cambridge, 2008). Uganda, traditional authorities continue 18. Samatar (1999), 47. See also Sara Berry, “Debating the Land to pose a threat to state expansion and Question in Africa,” Comparative Studies in 19. Ibid., 51. Society and History 44.4 (2002). recentralization. 20. Taylor (2005), 47. 3. Berry (2002). 21. Samatar (1999), 57. Conclusion 4. Lund (2008). 22. David Sebudubudu and Patrick Molutsi, 5. Cameron Thies, “National Design and “Leaders, Elites and Coalitions in State Building in Sub-Saharan Africa,” the Development of Botswana” The Land reform is far from complete in World Politics 61.4 (2009): 633. Development Leadership Program (2009), 21. sub-Saharan Africa. Changing land use 6. Abdi Samatar, An African Miracle: State and Class Leadership and Colonial Legacy 23. Ng’ong’ola (1992), 150. patterns and evolving elite interests as a in Botswana Development. (Portsmouth: 24. Sebudubudu and Molutsi (2009), 21. result of urbanization, population growth Heinneman, 1999). 25. Gunderson (1970) quoted in Andreas and increasing land scarcity all complicate 7. Ellen Hillbom, “Botswana: A Development- Danevad, Development Planning and oriented Gate-keeping State,” African devising and drafting sustainable and the Importance of Democratic Institutions Affairs 111.442 (2012): 78. in Botswana (Bergen, Norway: Chr. equitable land tenure reform. Resolving 8. Michael Darkoh and Joesph E. Mbaiwa, Michelsen Institute, 1993), 104. conflicting claims to authority remains “Globalisation and the Livestock Industry in 26. Samatar (1999), 57. Botswana,” Singapore Journal of Tropical politically fraught and contentious. How Geography 23.2 (2002). 27. Sebudubudu and Molutsi (2009), 21. leaders address conflict over land and 9. Samatar (1999), 113. 28. Ibid. respond to competing claims of authority 10. Adams et al., “Land Tenure Policy and 29. Gunderson (1970) quoted in Andreas has major implications for the land policy Practice in Botswana - Governance (1993). Lessons for Southern Africa,” Austrian formulation process. 30. Hillbom (2005), 85-86. Journal of Development Studies XIX.1 Although traditional mechanisms (2003). See also Faustin T. Kalabamu, 31. Ibid., 86.

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32. Richard Werbner, Reasonable Radicals 53. Onoma (2010), 77. 74. Speight (2009). and Citizenship in Botswana: The 54. Onoma (2010), 79; Good (1994), 517. 75. Johannessen (2006), 1-5. Public Anthropology of Kalanga Elites (Bloomington: Indiana University Press, 55. Nkambwe and Arnberg (1996). 76. Nelson Kasfir, The Shrinking Political 2004), 101. Arena: Participation and Ethnicity in African 56. Republic of Botswana, Report of the Politics, with a Case Study of Uganda 33. Samatar (1999); Onomo 2010:72) Presidential Commission of Inquiry into (Berkeley: University of California Press, Land Problems in Mogoditshane and other 34. Louis Picard, “Bureaucrats, Cattle, and 1976). Peri-urban Villages (1992). Public Policy: Land Tenure Changes in 77. Ibid. Botswana” Comparative Politics Studies 57. Good (1994). (1980), 4-5; Onoma (2010), 72. 78. Lund (2008), 109. 58. Adams et al. (2003). 35. Pauline E. Peters, “Embedded Systems 79. Aili Mari Tripp, Museveni’s Uganda: 59. Author interview with University of and Rooted Models: The Grazing Systems Paradoxes of Power in a Hybrid Regime Botswana Professor, 3 April 2012 of Botswana and the Commons Debate” (London: Lynne Rienner Publishers, in The Question of the Commons (Tuscon: 60. This time period may have decreased 2010), 40. The University of Arizona Press, 1987); since interview. 80. Ibid., 125. Samatar (1999), 106. 61. Author interview with University of 81. Speight (2009). 36. Picard (1980), 17. Botswana Professor, 3 April 2012 82. Ibid. 37. Ibid.,17. 62. Author interview with Tlokweng Tribal Land Board Officer, 12 April 2012 83. Tripp (2010), 43. 38. Ibid., 9. 63. Author interview with Tlokweng Tribal Land 84. Ibid., 50. 39. Ibid., 26. Board Officer, 12 April 2012 85. Speight (2009), 11. 40. Ibid., 19. 64. Good (1994), 517. 86. Ibid., 3. 41. Ibid., 26. 65. Onomo (2010), 79. 87. Johannessen (2006), 1. 42. Amy Poteete, “Who Seeks Participation 66. Ibid. and Why? The Adoption of Participatory 88. Speight (2009). Policy-making Techniques in Botswana 67. “Botswana; Consultative Workshop 89. Nyangabyaki Bazaara, “Civil Society and Uganda” [Unpublished, 2002] Discusses Land Policy,” The Voice, 24 and the Struggle for Land Rights for October 2006. 43. Holm (1985) cited in Taylor (2005), 52. Marginalised Groups: The Contribution 68. “Empty Promises,” Mmegi, 16 November of the Uganda Land Alliance to the Land 44. Ibid. 2012. Act 1998” (Kampala, Uganda: Center for 45. Sebudubudu and Molutsi (2009), 29. Basic Research, 2000),12. 69. Sebudubudu and Molutsi (2009), 29. 46. Andreas Danevad’s study on the Revised 90. Ibid., 14. 70. Cathrine Johannessen, “Kingship in National Policy on Incomes, Employment, Uganda: The Role of the Buganda 91. Ibid. Prices and Profits presents an overview on Kingdom in Ugandan Politics.” CMI the contemporary policy-making process 92. Ibid. Working Paper (Bergen, Norway: Chr. in Botswana. National Development Michelsen Institute, 2006). 93. Ibid., 244. Plans (NDP), which are drafted every five to six years, serve as the basis for 71. In addition to mailo, there are three other 94. Bazaara (2000). See also Margaret A. revising, amending existing legislation and categories of land tenure in Uganda: Rugadya, “Current Status and Challenges creating new policies (Andreas 1993:105; customary land, leasehold and freehold. in the Land Reform Process in Uganda: Samatar 1999). Based on the findings An NGO Perspective” (paper presented 72. Mailo tenure is similar to freehold tenure: and concerns highlighted in the NDP a at the Uganda Land Alliance Conference, land is individually owned and held presidential commission develops a set Cape Town, South Africa 5 - 7 May in perpetuity. Mailo landowners have of recommendations for specific policy 2003). historically extracted rent from tenants and revision, which is publicized through the squatters who have no legal entitlement 95. Eddie Nsamba-Gayiiya, “Implementing publication of a white paper. to mailo land. The system of mailo is most Land Tenure Reform in Uganda: A 47. Sebudubudu and Molutsi (2009), 29. prevalent in central Uganda and has been Complex Task Ahead” (paper presented a source of contention between the state, at the DFID workshop, ‘Land Rights and 48. Ibid. landowners, and tenants. Sustainable Development in sub-Saharan 49. Werbner (2004), 78. African,’ Sunningdale Park Conference 73. Jeremy Speight, “Contradictions of Centre, Bershire, UK, 16 - 19 February 50. Ibid. Consolidation, Puzzles of Resistance: 1999), 2 - 3. Understanding the Politics of Land Tenure 51. Ibid. in Post-Conflict Uganda,” Conference 96. Simon Coldham, “Land Reform and 52. Ibid., 179. Paper (Bloomington: Indiana University, Customary Rights: The Case of Uganda” 2009). See also Johnnessen (2006). Journal of African Law 44.1 (2000), 66.

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97. Bazaara (2000), 18. 119. Bazaara (1997), 210. of Development Studies XIX.1 (2003): 55-74. 98. “Museveni Opens 3rd Parliament 120. Betty Nambooze, leader of Buganda Civic Session,” The New Vision, 2 June 1998. Education Committee, November 2007. Arriola, Leonardo R. “Patronage and Political Quoted in “From Land Struggle to Power Stability in Africa,” Comparative Political 99. Sandra Fullerton Joireman, Where There is Battle?” New Vision, 25 July 2008. Studies 42.10 (2009): 1339-1362. No Government: Enforcing Property Rights in Common Law Africa (Oxford: Oxford 121. Speight (2009), 25. Nyangabyaki, Bazaara. Agrarian Politics, Crisis University Press), 63. and Reformism in Uganda, 1962-1996. 122. Ibid., 24. National Library of Canada, 1997. 100. Tripp (2010), 50. 123. “From Land Struggle to Power Battle?” Nyangabyaki, Bazaara. “Civil Society and the 101. Devra Moehler, “Public Participation and New Vision, 25 July 2008. Struggle for Land Rights for Marginalised Support for the Constitution in Uganda,” 124. Speight (2009), 1. Groups: The Contribution of the Uganda Journal of Modern African Studies 44.2 Land Alliance to the Land Act 1998.” (2006), 297. 125. Tripp (2010), 50. Kampala, Uganda: Center for Basic 102. Speight (2009) 126. Speight (2009), 21. Research, 2000. 103. Ibid. 127. Ibid. Berry, Sara. “Debating the Land Question in Africa.” Comparative Studies in Society 104. Tripp (2010), 124. 128. Quoted in Speight (2009), 23. and History 44.4 (2002): 638-668. 105. Ibid. 129. Tripp (2010), 125. Coldham, Simon. “Land Reform and Customary 106. Ibid. 125. 130. Margaret A. Rugadya, “Escalating Land Rights: The Case of Uganda.” Journal of Conflicts in Uganda: A Review of Evidence African Law. 44.1 (2000): 65-77. 107. “Buganda Rejects Land Amendment,” The from Recent Studies and Surveys,” A Monitor, 24 October 2007. See also “The Danevad, Andreas. Development Planning and Report Prepared for the International Land Amendment Bill; Buganda’s Blessed the Importance of Democratic Institutions Republican Institute and the Uganda in Disguise,” The Monitor, 14 February in Botswana. Bergen, Norway: Chr. Round Table Foundation (2009), 1. 2008. Michelsen Institute, 1993. 131. Although SCOUL is a private sugar 108. Former Katikiro of Buganda Kingdom, Darkoh, Michael and Joesph E. Mbaiwa. manufacturer owned by Mehta Group, Joseph Mulwanyamuli Ssemwogerere. “Globalisation and the Livestock Industry in the Government of Uganda holds an (Quoted in “Uganda; the Land Question, Botswana.” Singapore Journal of Tropical estimated 51 percent of shares. Mehta The New Vision, 31 August 2008. Geography. 23.2 (2002): 149-166. Group is speculated to hold the remaining See also “The Land Amendment Bill; shares. (See also “Mabira: No Storm in Good, Kenneth. “Corruption and Mismanagement Buganda’s Blessed in Disguise,” The Mehta’s Tea Cup,” The Independent, 21 in Botswana: A Best-Case Example?” The Monitor, 14 February 2008.) August 2011). Journal of Modern African Studies 32.2 109. The Monitor, 7 February 2011. (1994): 499-521. 132. Speight (2009). 110. KAS, “Controversy Surrounds Uganda’s Hillbom, Ellen. “Botswana: A Development-oriented 133. Ibid., 23. Proposed Land Reform” (2008). Gate-keeping State.” African Affairs 134. Ibid., 21. 111.442 (2012): 67 - 89. 111. “Land Bill Passed,” New Vision, 26 November 2009. 135. Sebudubudu and Molutsi (2009). Huggins, Chris and Ochieng. “Paradigms, Processes and Practicalities of Land 112. Speight (2009), 26. 136. Leonardo R. Arriola, “Patronage and Reform in Post-Conflict Sub-Saharan Political Stability in Africa,” Comparative 113. Ibid. Africa.” In From the Ground Up: Land Political Studies 42.10 (2009). Rights, Conflict and Peace in Sub- 114. “Survey Says, ‘Majority’ of Ugandans 137. Carolyn Logan, “Selected Chiefs, Elected Saharan Africa. Chris Huggins and Jenny Unhappy with Government’s Land Policy,” Councilors and Hybrid Democrats: Popular Clover (eds.) African Centre for Technology BBC Monitoring Africa, 15 November Perspectives on the Co-existence of Studies and Africa Security Analysis 2008. Democracy and Traditional Authority,” The Programme of the Institute for Security 115. Honorable Jimmy Kinobe, State Minister Journal of Modern African Studies 47.1 Studies, 2005. for Youth and Children Affairs. (Quoted in (2009): 111. Johannessen, Cathrine. “Kingship in Uganda: The “Uganda; the Land Question, The New Role of the Buganda Kingdom in Ugandan Vision, 31 August 2008). Politics.” CMI Working Paper. Bergen, 116. Johannessen (2006), 1. Bibliography Norway: Chr. Michelsen Institute, 2006. 117. Tripp (2010), 50. Joireman, Sandra Fullerton. Where there is no Adams, Martin, Faustin Kalabamu and Richard government: enforcing property rights 118. Nyangabyaki Bazaara, Agrarian Politics, White. “Land Tenure Policy and Practice in common law Africa. Oxford: Oxford Crisis and Reformism in Uganda, 1962- in Botswana - Governance Lessons University Press, 2011. 1996 (National Library of Canada, 1997). for Southern Africa.” Austrian Journal KAS. “Controversy Surrounds Uganda’s Proposed

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Land Reform.” (2008). http://www.kas.de/ Challenges in the Land Reform Process in uganda/en/events/29664/ Uganda: An NGO Perspective.” Presented at the Uganda Land Alliance Conference, Kalabamu, Faustin T. “Land Tenure and Cape Town, South Africa, 5 - 7 May Management Reforms in Southern Africa - 2003. The Case of Botswana.” Land Use Policy 17 (2000): 305-319. Samatar, Abdi. 1999. An African Miracle: State and Class Leadership and Colonial Legacy Logan, Carolyn. “Selected Chiefs, Elected in Botswana Development. Portsmouth, Coucnillors and Hybrid Democrats: NH: Heinneman. Popular Perspectives on the Co-existence of Democracy and Traditional Authority.” Sebudubudu, David and Molutsi, Patrick. The Journal of Modern African Studies 2009. “Leaders, Elites and Coalitions 47.1 (2009): 101-128. in the Development of Botswana.” The Development Leadership Program. Lund, Christian. 2008. Local Politics and the Dynamics of Property in Africa. Cambridge Speight, Jeremy. 2009. “Contradictions of University Press: Cambridge, UK. Consolidation, Puzzles of Resistance: Understanding the Politics of Land Tenure Moehler, Devra C. (2006) “Public Participation and in Post-Conflict Uganda.” Conference Support for the Constitution in Uganda.” Paper, Indiana University: Bloomington. Journal of Modern African Studies, 44(2): Taylor, Ian. 2005. “The Developmental State in 275–308. Africa: The Case of Botswana.” In The Ng'ong'ola, Clement. 1992. "Land Problems in Potentiality of ‘Development States’: Some Peri-Urban Villages in Botswana and Botswana and Uganda Compared. Problems of Conception, Description and CODESRIA: Dakar, Senegal. Transformation of “Tribal” Land Tenure". Thies, Cameron. 2009. “National Design and Journal of African Law. 36 (02). State Building in Sub-Saharan Africa.” Nkambwe, Musisi and Wolter Arnberg. 1996. World Politics 61 (4): 623 - 669. “Monitoring Land Use Change in an Tripp, Aili Mari. 2010. Museveni’s Uganda: African Tribal Village on the Rural-Urban Paradoxes of Power in a Hybrid Regime. Fringe.” Applied Geography 16(4): 305 Lynne Rienner Publishers: London, UK. - 317. Werbner, Richard. 2004. Reasonable Radicals Nsamba-Gayiiya, Eddie. 1999. “Implementing and Citizenship in Botswana: The Public Land Tenure Reform in Uganda: A Anthropology of Kalanga Elites. Indiana Complex Task Ahead.” Paper presented University Press: Bloomington. at the DFID workshop, Land Rights and Sustainable Development in sub-Saharan African,” Sunningdale Park Conference Centre, Bershire, UK, 16 - 19 February Personal Interviews 1999. Onoma, Ato Kwamena. 2010. The Politics of Professor, University of Botswana. 3 April 2012. Property Rights Institutions in Africa. Officer, Tlokweng Tribal Land Board. 12 April Cambridge University Press: Cambridge, 2012. UK. Peters, Pauline E. 1987. “Embedded Systems and Rooted Models: The Grazing Systems Newspapers Consulted of Botswana and the Commons Debate.” In: McCay, B. and J. Acheson (eds.). The Question of the Commons. Tuscon: The The Voice (Botswana) University of Arizona Press. New Vision (Uganda) Picard, Louis A. 1980. “Bureaucrats, Cattle, and Daily Monitor (Uganda) Public Policy: Land Tenure Changes in Botswana.” Comparative Politics Studies. BBC News (United Kingdom) Poteete, Amy. 2002. “Who Seeks Participation and Why? The Adoption of Participatory Policy-making Techniques in Botswana and Uganda.” [Unpublished] Rugadya, Margaret A. 2003. “Current Status and

90 JUIS Voices of La Voile The alter-sexualization of Muslim women in France

by Kylie Guiral

n 2011, the government of France placed a ban on wearing the niqab, the Islamic full-face veil, anywhere in public. This controversial ban sparked a global debate, but France has defended I its actions on the grounds that the veil is a threat to national security and contradicts the state’s commitment to secularism. Other proponents of the ban exploit a perceived repression of sexuality as justification for the forced liberation of these women from the confines of their oppressive, religious culture. By examining the various theories and opinions surrounding this legislation, I argue that the idea of sexuality is only considered through a narrow, Western lens and fails to incorporate alternative expressions of sexuality as em- ployed by many veiled women in France and elsewhere.

For a country claiming to be the the conservative incumbent, Nicolas growing economic and social problems. model of liberty, equality, and fraternity, Sarkozy, versus the socialist candidate, Immigration in France paints an France has been pulled into the limelight François Hollande. While Hollande’s interesting narrative of its relationship with for pursuing a number of policies that victory may allude to a more progressive émigrés. In the early and mid twentieth have been deemed discriminatory by national ideology, what is troubling is century, a downtrodden, post-war France those in the international community, that a full 20% of the population gave was left with a weak labor force, which as well as a smaller, yet vocal, minority their vote to Marine LePen, the leader led the government to import foreign in France. Besides the various bans of France’s notorious National Front labor. This labor recruitment was directed on the Muslim hijab and burqa, France party.3 Previously led by Marine’s father, toward other European nations, like has recently been condemned for the Jean-Marie LePen, the party is infamous Spain, Poland and Italy, but because systematic expulsion of the Roma for its strict anti-immigration stance, of France’s expansive colonial territory, population from its territory. These anti-Semitism, and general xenophobia. there was also an unregulated influx of actions are not only governmental In hopes of recovering voters from this people from Algeria. During the period policies being implemented from extremist party, Sarkozy’s administration of decolonization, many of those who above, but reflections of the greater made many controversial strategy supported France in the Algerian war for national mindset: an overwhelming 70% decisions that pandered to the far right. independence relocated to "l’hexagone" supported the ban on the burqa and Surprisingly, these policies took hold and with the intention of settling there with only 31% of surveyed citizens supported received relatively little backlash from the their families.4 Much to the chagrin of the anti-discrimination laws.1,2 In the 2012 remainder of the population who sought a incoming peoples, once the native French elections, the final race came down to solution, or at least a scapegoat, for their population stabilized and there was

Kylie Guiral. Kylie Guiral is a senior at the University of California, Santa Barbara, majoring in Global Studies and French. She is grateful for the opportunities that inspired this paper, which include taking courses on sexuality and globalization both here at UCSB as well as in France. After graduating in June, she hopes to purse her passions for social justice, travel, and photography.

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no longer a need for foreign labor, the the Qur'an’s call for discretion. Among principles like laïcité and national security, receiving nation began to retrench their Muslim women in the West, the most and come with glorified justifications of hospitable ways. France discouraged common type of headscarf is one that colonialism like "women’s emancipation." immigrants from settling in France or from covers the hair as well as parts of the This and other similar laws are actually bringing their families into the territory neck and forehead, while leaving the attempts on behalf of France to purge by implementing a program in 1977 that facial features visible. The hijab, shayla, itself of "otherness" and resist global offered monetary incentives – about al-amira, and khimer all offer varying influence when it appears in the form of 2,000 U.S. dollars – to non-Europeans degrees of coverage, but the hijab is the immigrants, non-Christian religions, and who voluntarily left the country.5 Since term most often used in the West when foreign cultural practices. that time, France has made efforts to discussing these types of veils.7 The hijab, The most dispassionate argument in render their country inhospitable to those along with other "ostentatious symbols favor of the burqa ban is that of security. who refuse to fit the mold of the proud of religion," is currently banned in French It does not implicitly engage culturally Frenchman. The leaders of France have public schools. sensitive themes like gender, religion, not been shy to implement systems For a smaller minority of Franco- or sexuality, but states matter-of-factly that regulate foreign ideas, cultures, and Muslim women, about two thousand in that covering one’s face with the burqa traditions in the name of preserving a total, their expression of modesty means or niqab is a direct threat to national French national identity. wearing the niqab or burqa. These veils security. Some claim the burqa would One such policy, recently ratified, cover the entire body from head to toe, facilitate terrorism because an assailant is a law that bans wearing the niqab or the burqa in public throughout France. When discussing this new law, one must Laws like those concerning the hijab and also consider its predecessor, the equally burqa are portrayed as protectors of universal, provocative law of 2004, which continues non-biased principles like laïcité and national to outlaw the hijab in all public elementary security, and come with glorified justifications and secondary schools. This law also of colonialism like "women’s emancipation." prohibits "ostentatious religious symbols," like yarmulke and large crosses, but is understood by the majority to be directed specifically toward Muslims.6 except for a small opening, or piece of could conceal weapons, specifically The headscarves mentioned above are mesh fabric on the burqa, for the eyes. suicide bombs, beneath the loose-fitting each variations of veils worn by many Paradoxically, while these garments are garb. Others argue that the face-covering (but not all) women who practice Islam to more conservative than headscarves, veil would make identifying suspects ensure modesty, one of the core beliefs they are also more conspicuous, drawing impossible. While there have been of Islam. For some Muslims, modesty considerable attention when worn in the instances of criminals wearing burqas to can be achieved by wearing loose- Western world. As of 2011, France has commit anonymous crimes, these cases fitting, conservative clothing, or simply banned all full-face veils, generalized are in fact few and far between. What by covering their bosoms. For others, under the term "burqa," in any public this law does not address is the fact that though, only a veil that covers a woman's space. Laws like those concerning these crimes could also be committed hair, head, and neck, or even her entire the hijab and burqa are portrayed as with the help of a ski mask, a motorcycle face and body, ensures adherence to protectors of universal, non-biased helmet, or even a fencing mask, all of

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which are explicitly exempt from the law.8 running mate. condemn the burqa, and even the These arguments of potential terrorism France, on the other hand, has hijab, as contrary to the French way of and increased crime are the grounds on contrasting priorities. Equality is the life, calling for Muslims to integrate into which former president Nicolas Sarkozy primary principle that is cited to rationalize French society, specifically by assimilating pushed the bill though parliament, and their governance and enforce a strict to the French national identity. Charles13, they remain the backbone of the dispute. devotion to laïcité. This approach was a 28 year-old student from Lyon, The idea of the burqa as a threat to standardized in 1905 as a way of vehemently supported the ban. When national security is what holds this law keeping religion out of public schools asked a question regarding how he felt together against the flurry of emotionally and institutions. Not only was the law of about the possible benefits of embracing charged opposition by remaining the laïcité intended to restrict the Catholic other cultures that could contribute to "objective" argument when all others Church’s privileged control of the state, French society without taking away from have been exhausted in debate. Before but it was also enacted to ensure French traditions, he did not agree. He resorting to this, however, a proponent freedom of religious practice to all.10 equated the minority situation in France of the bill will usually call on another While attempting to impede the hijab, the to a pre-holocaust Germany, stating that state-sponsored right: laïcité, or France’s French government brandished the law anyone living in France today should intensified interpretation of secularism. of 1905 as a weapon against the Islamic look to history and take heed from the While both France and the United symbolism that was "polluting" their Jews who clearly did not try hard enough States claim to adhere to the principles secular institutions. It was conveniently to assimilate to German culture and, of separation of church and state, the ignored, however, that French citizens therefore, brought the Holocaust onto practical application of this secularism, enjoy several federal holidays every year themselves. Thankfully, not all opinions or laïcité, is interpreted differently by the thanks to Catholic celebrations, and that are as blatantly intolerant as Christophe’s, two nations. This is because they each schools and universities generally agree and xenophobic mentalities are certainly proclaim liberty and equality among their to refrain from exams on Saturdays out not exclusive to France, but what is core principals, but the order in which of respect to the Jewish Sabbath.11,12 It troubling is the normalization of this kind these are prioritized affects the functional would seem, therefore, that wearing the of discourse in French society. structure of laws and traditions. The burqa or the hijab would be protected Certain French citizens, many United States, on one hand, emphasizes by the French constitution as expression French men rather, are actually claiming liberty over equality, ensuring the freedom of religion. When taken out of cultural victimhood in this situation – almost as to do as one pleases to the fullest legal context, though, the significance of though these veiled women are not just extent, even if this oversteps what some the burqa in France transcends state- a threat to the nation’s security, but to would consider reasonable limitations. sponsored arguments of laïcité and them, individually as Frenchmen. Jaques For example, in the majority of states, security. Myard, a conservative member of the it is perfectly legal to kill anyone, armed While the burqa law clearly states Parliament, claims, "The face is the or unarmed, who enters one’s property what is illegal and what is not, the dignity of a person… When you refuse uninvited.9 This prioritization of liberty implications behind these prohibitions are [to allow] me to see your face, I am over equality also allows for a looser open to interpretation. Without a clear the victim."14 Others support Myard’s interpretation of secularism, which is understanding of why this ban is legal, claims with discourse that condemns evidenced by the fact that religion still individuals have taken it upon themselves women who wear the burqa for being plays a role in the debate of almost every to create their own justifications as to unable to communicate if acknowledged social issue, to the point where many why implementing this ban is superior to on the street. This suggests that the American politicians call upon God as applying the ideals of multiculturalism or acknowledgement of a Muslim by a their witness, their motive, and figurative mutual tolerance. These vocal citizens native French citizen should be regarded

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as a gift or a privilege, where refusing defends its practical effect: eliminating but ultimately homogenous woman.20 As this generous offering of eye contact is a the burqa from France and liberating the a self-described feminist and historian, social faux pas. Ironically, upon arrival to women who were previously imprisoned as well as a French citizen, Salle sees study in France, American students are by the veil. Sonia Kahn shares Mona’s the French feminist view as ineffective: warned against making eye contact in aversion to the burqa; she urges her "There are differences that we must the streets and on public transportation, fellow Muslim women to assimilate take into consideration, and not to as it could "invite unwanted attention."15 into French society, because, "a veiled do so would be hypocritical. The law Renaud Girard, chief correspondent for woman won’t bring people together."18 says to treat everyone equally, but the Le Figaro newspaper, states, "People The veil, for Sonia, creates barriers reality proves otherwise." Anglo-Saxon [in France] are very offended to see the between Islam and the outside world. feminism, conversely, defines equality as burqa. For us, it is really uncivilized; She believes that, as Muslims, she and giving universal rights to all, regardless it is rude and impolite. We are for an other women should work to improve the of these markers of individuality. While enlightened society." Statements like image of Islam in the eyes of the Western Salle applauds certain practices like these call to mind a troubling mindset, world by representing the religion as affirmative action and the pragmatism of one in which the Frenchman is still the "encompassing, not excluding." Muriel American feminism, she highlights a key colonial hero, saving these women from, Salle, senior lecturer at the Institute weakness concerning their opposition as Girard describes it, their "Taliban way of Political Studies in Lyon, points out to the veil – its approach to the issue is of dressing."16 This neo-colonial attitude that Mona, Sonia, and other Islamic rooted in Islamophobia. This argument is is the driving force behind the argument feminists face a "double discrimination" certainly reflected in America’s post-9/11 of assimilation, stemming primarily from as women and as practicing Muslims.19 attitudes towards Islam, but Salle remarks native Frenchmen – but these are not This is one of many incongruities that that even deeper hypocrisies exist. the only voices speaking out for forcible pose a problematic conflict of interest Unbeknownst to most who condemn integration. for feminists in France and elsewhere: Islam for its "uncivilized"21 practices, In fact, an impassioned call for whether to defend veiled Muslim women all three major monotheisms call for a assimilation is heard from a surprising against their government’s religious woman to be veiled to some degree. source: Muslim women. As stated earlier, oppression, or liberate them from In St. Paul’s letter to the Corinthians, not all Muslim women choose to wear their religion’s seemingly misogynistic he states, "A woman who prays or the burqa, hijab, or any veil, and many domination. prophesies with her head uncovered are actually opposed to the burqa. Mona Salle explains that French and dishonors her head—it is the same as Eltahawy, a prominent columnist on Anglo-Saxon feminists decipher this having her head shaved. For if a woman Arab and Muslim issues, is one such paradox independently according to their does not cover her head, she might as Muslim woman who hopes to see the notion of universalism. French feminists well have her hair cut off."22 Salle points ban extended to other countries as well.17 believe that when an individual embodies out that this oversight reflects the gradual She argues that the veil equates piety specific markers of sex, religion, or detachment of Western cultures from with the disappearance of women by race, she is sabotaging the universal religion. While she adamantly defends placing the veiled woman on a pedestal equality of the whole. The veil is used the need to respect the Islamic culture and insinuating that the more one to distinguish the female sex, represent of the veil in France, she believes that covers, the closer one is to God and vice modesty in observance of Islam, and this religious disinterest and intensified versa. While she condemns Sarkozy for is typically (but not exclusively) worn secularization is, in itself, positive; attempting to conceal the racist nature by minority races. Therefore, it directly something she hopes to see spread and of the law by passing the bill under the contradicts the French feminist ideals, "result in a decrease of the veil in Muslim guise of security and secularism, she which seek a strong and independent, countries."

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Because the laws concerning the shouldn’t be. unconsciously, dictate our dress codes? burqa and hijab were passed on the The idea of a veiled woman, in the Both sides of this debate use very basis of such open-ended justifications, eyes of the West, is a woman who is specific interpretations of sexuality as they have invited excessive international de-sexualized. A woman wearing the justifications for their position. Those attention from various organizations that burqa, niqab, or any veil is apparently defending the veil condemn Western take up the cause under the pretexts of unable to fully and freely express her sexuality as a corrupting force being their own doctrines. This "free-for-all" sexuality because of the repressive nature imposed upon the world by neo-liberal means that the issue has taken a life of its of her racial and religious traditions. powers, who support the ban and claim own, while the focus is often misdirected From the outside, her sexuality is seen that the veil forcibly shames, suppresses, depending on who is actually fighting by her own culture as a threat, a sin, and and de-sexualizes these women. on behalf of the veiled women. These a source of shame. These commonly Rather than the veil serving as a women have become "hyper-visible," heard condemnations are flawed, mechanism of de-sexualization, we are a term used by Paul Amar, to describe however, because they are based on a witnessing the alter-sexualization of these small groups of minorities who are pulled very specific, very Euro-centric idea of women who wear the veil of their own into the public eye and scrutinized for sexuality. We, as Westerners, impose accord. While living at the crossroads of a specific aspect of their character or our ideas of sexuality upon the rest of two seemingly opposing worlds, these culture. This narrow focus confines the the world under the assumption that women have found new, alternative "parahumans" to be analyzed solely these ideals are universally superior. But ways of expressing their sexuality that through the lens of an external, dominant when the standard image of Western may not conform to the ideas previously culture and disregards their existence sexuality is a hyper-masculinized male found in either French or Islamic culture. outside of this superficial obsession, surrounded by over-exposed women, is Nevertheless, they are exercising a which typically emphasizes their gender, it any wonder why "uncivilized" peoples personal interpretation of sexuality’s occupation of the public space versus what is appropriate in private by claiming Rather than the veil serving as a mechanism autonomy over their sexuality; this neither of de-sexualization, we are witnessing the surrenders their womanhood, nor their alter-sexualization of these women who beliefs, at the expense of external forces. wear the veil of their own accord. They are speaking out, standing up, and proving the fabric that covers their faces does not silence their opinions. These women are not wearing the veil as a race, or in this case, both.23 Therefore, from around the world aren’t flocking to means of containing their sexuality, but it has fallen upon the veiled women adopt this "liberating" way of life? We they are challenging the West’s narrow herself to defend her actions and prove must look upon our own culture and representation of sexuality and redefining that, underneath the veil, she exists as a ask the same questions we are currently what it means to be a woman of the woman, a mother, a friend, a Muslim, and demanding of these women. Do we, as modern world. as a law-abiding French citizen. Doing Western women, have control of our France is not alone in its efforts to so, however, requires a radical re-shaping sexuality? Do we never feel objectified? homogenize and de-veil the women in of the Frenchmen's preconceived idea Are we under the influence of a masculine its society. Belgium had, in fact, already of what a Muslim woman should and ideal of femininity, which may, even passed such a law. Currently, due to the

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intensified media coverage of the issue race/06hrights/georegions/Europe/ watch?v=eXzUuKdfnRE France01.htm. 2008. in France, other nations such as Spain, 19. Muriel Salle, (Maîtresse de conférences, 3. Willsher, Kim. "Marine Le Pen scores Institut des Études Politique). Interview by Italy, Denmark, Australia, and the UK stunning result in French presidential Kylie Guiral, December 2012. 24 election." The Guardian, World News are considering similar legislation. As 20. Killian, Caitlin. The Other Side of the Veil: edition. April 22, 2012. we have seen, there are many opinions North African Women in France Respond 4. Kimberly, Hamilton. Migration Policy to the Headscarf Affair weighing in on the matter worldwide. Institute, "The Challenge of French 21. Girard, Renaud, "Inside Story." The most convincing arguments and Diversity." Last modified 2004. 22. 1 Corinthians 11:5-6. New International 5. McCabe, Kristen, Serena Yi-Ying Lin, and acts of non-compliance, however, have Version Hiroyuki Tanaka. "Pay to Go: Countries come from the veiled women themselves: Offer Cash to Immigrants Willing to Pack 23. Amar, Paul. "Turning the Gendered women like Hind Ahmas and Najate Nait Their Bags." Migration Policy Institute. Politics of the Security State Inside Out?." International Feminist Journal of Politics 13, 6. Alex, Smith. The Guardian, "France divided Ali, who proudly became the first people no. 3 (2011): 299-328. as headscarf ban is set to become law." to receive a fine for defying the ban just Last modified February 1, 2004. 24. BBC News, "The Islamic veil across 25 Europe." Last modified September 22, weeks after its implementation. Though 7. Ali, Dilshad D. "What is the Hijab and 2011. http://www.bbc.co.uk/news/world- Muslim Dress All About?." Beliefnet. they are few in number, the veiled women europe-13038095. 8. Spiegel, . ABC News International, who have been reached for comment on 25. Fraser, Christian. "The women defying "France's Burqa Ban: Two Women Fined France's full-face veil ban." BBC News this issue are a significant representation for Covering Faces." Last modified 2011. Paris. of the mere 2,000 women wearing the 9. US Legal. "Dwelling Defense Law and burqa or niqab in France. While the media Legal Definition." http://definitions.uslegal. com/d/dwelling-defense/. Bibliography onslaught has allowed their voices to be 10. Berkley Center for Religion, Peace, and heard, it has also left them overshadowed World Affairs, "Resource on Faith, Ethics 1 Corinthians 11:5-6. New International Version by those with ulterior motives speaking and Public Life." Last modified 2011. Ali, Dilshad D. "What is the Hijab and Muslim Dress 11. Vernellia, R. "Racial Discrimination: on their behalf. We must encourage, with All About?" Beliefnet. The Record of France." University of discretion to underlying intentions, those Dayton. http://academic.udayton.edu/ Amar, Paul. "Turning the Gendered Politics of the who genuinely represent the rights of race/06hrights/georegions/Europe/ Security State Inside Out?" International France01.htm. Feminist Journal of Politics 13, no. 3 this hyper-visible minority. This does not (2011): 299-328. 12. Killian, Caitlin. "The Other Side of the Veil: mean that one must advocate for the veil North African Women in France Respond "CNN's Jim Bittermann has reaction to France's per se – only for the rights of the woman to the Headscarf Affair.”Gender and proposed public ban of full-face Islamic Society, Vol. 17, No. 4 (Aug., 2003), pp. veils called burqas and niqabs." CNN. Last who, like any global citizen, wants to be 567-590. modified April 11, 2011. afforded the same ideals of freedom and 13. Name has been changed "Dwelling Defense Law and Legal Definition."U.S. Legal. http://definitions.uslegal.com/d/ equality so vehemently encouraged by 14. Spiegel. ABC News International, "France's dwelling-defense/. the Western powers who now condemn Burqa Ban: Two Women Fined for Covering Faces." Last modified 2011. Fraser, Christian. "The women defying France's them. full-face veil ban." BBC News Paris. 15. Author’s experience Girard, Renaud, John Dahlhuisen, and Khola 16. Girard, Renaud, Dalhuisen, John, & Hasan. "Inside Story: Banning the veil." Al Endnotes Hasan, Khola. "Inside Story." Banning the Jazeera, July 6, 2010, Web edition. veil. Al Jazeera. July 6, 2010. Web Hamilton, Kimberly. "The Challenge of French 17. "Mona Eltahawy on France's banning 1. "CNN's Jim Bittermann has reaction to Diversity." Migration Policy Institute. Last of face veils” April 11, 2011. CNN France's proposed public ban of full-face modified 2004. Islamic veils called burqas and niqabs,.” video clip. http://www.youtube.com/ CNN. April 11, 2011. watch?v=kWJRam64dQY "Hijab, Niqab or Nothing." CBC Television. Video file. Posted March 12, 2008. http://www. 18. "Hijab, Niqab or Nothing.” March 2. Vernellia, R. "Racial Discrimination: youtube.com/watch?v=eXzUuKdfnRE. The Record of France." University of 12, 2008. CBC Television video Dayton. http://academic.udayton.edu/ clip. http://www.youtube.com/ Killian, Caitlin. "The Other Side of the Veil: North

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African Women in France Respond to the Headscarf Affair." Gender and Society 17, no. 4 (August 2003): 567-90. McCabe, Kristen, Lin Yi-Ying Serena, and Hiroyuki Tanaka. "Pay to Go: Countries Offer Cash to Immigrants Willing to Pack Their Bags." Migration Policy Institute. "Mona Eltahawy on France's banning of face veils." CNN. Video file. Accessed April 11, 2011. http://www.youtube.com/ watch?v=kWJRam64dQY. "Resource on Faith, Ethics and Public Life." Berkley Center for Religion, Peace, and World Affairs. Last modified 2011. Salle, Muriel. Maîtresse de conférences, Institut des Études Politique. Interview by Kylie Guiral. Smith, Alex. "The Guardian, 'France divided as headscarf ban is set to become law." The Guardian. Last modified 2004. Spiegel. "France's Burqa Ban: Two Women Fined for Covering Faces." ABC News International. Last modified 2011. "The Islamic veil across Europe." BBC News. Last modified September 22, 2011. http://www.bbc.co.uk/news/world- europe-13038095. Vernellia, R. "Racial Discrimination: The Record of France." University of Dayton. http:// academic.udayton.edu/race/06hrights/ georegions/Europe/France01.htm. Willsher, Kim. "Marine Le Pen scores stunning result in French presidential election." World News Edition. Last modified April 22, 2012.

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