Preface

According to the United Nations, there are an estimated 370–500 million indigenous people in the world, spread across 90 countries. They live in all geographic regions and represent 5000 different cultures. It is very important for indigenous people to preserve their identity, way of life, culture, tradition, and language. Indigenous people, aborigines, and minorities are usually poor, suffer from malnutrition, and often lack adequate social protection and economic resources. They often are exposed to abuse and discrimination, have difficulties preserving their culture and language, work for low wages, and do not have access to good educational systems or healthcare; life expectancy of indigenous people is as much as 20 years less than that of their non-indigenous counterparts. Of course, there are differences among countries regarding indigenous peoples and their situations; some groups fare better than others.

Over five sections and nine chapters, this book explores indigenous and aboriginal life in different countries and continents. For example, Indians in the United States and fugitive black slaves in Chile in the seventeenth century.

The chapters represent different countries and exemplify the problems, ways of life, and human rights of indigenous people and other ethnic and marginalized groups. Chapters are written by authors from various disciplines and from different viewpoints, including international law, self-government, self-identity, legal status, education, and so on.

In general, we can understand that the status, educational systems, employment opportunities, and human rights of indigenous people, aborigines, ethnic groups, and minorities all over the world need to be changed. It is time to appreciate all people as human beings and not discriminate against them, their culture, their language, or their way of life. Openness and acceptance are especially important in this time of globalization, as the last several years have seen governmental changes, civilian wars, and the information revolution, all of which have led to an increase in refugees and migrants all over the world.

I would like to express my deepest gratitude to the authors that wrote and contributed such interesting chapters for this book. I would also like to thank IntechOpen for the opportunity to edit this interesting and important book.

**II**

**Section 4**

*by Clair Andersen*

*by Bertus de Villiers*

**Section 5**

Indigenous Self-Government

Australia **109**

**Chapter 7 111**

**Chapter 8 127**

Europe - Russia and Ukraine **159**

**Chapter 9 161**

Privatised Autonomy for the Noongar People of Australia: A New Model for

Exploring Aboriginal Identity in Australia and Building Resilience

Legal Statute and Perspectives for Indigenous Peoples in Ukraine

*by Borys Babin, Olena Grinenko and Anna Prykhodko*

**Liat Klain - Gabbay, PhD.** College of Management – Academic Studies, Rishon – Lezion, Israel

**1**

Section 1

Africa - Kenya, Nigeria

and South Africa

### Section 1

## Africa - Kenya, Nigeria and South Africa

**3**

**Chapter 1**

**Abstract**

Nigeria

**1. Introduction**

*Sylvanus Barnabas*

The Role of International Law

Indigenous Peoples in Nigeria and

Kenya: A Comparative Perspective

This chapter explains the role of international law in protecting land rights of indigenous peoples (IPs) in Africa. It examines selected decisions of the United Nations Human Rights Committee and human rights treaty-based Monitoring Bodies such as Committee on the Elimination of All Forms of Racial Discrimination and Committee on Economic Social and Cultural Rights on land rights of IPs. It uses the case study of Abuja, Nigeria and a comparative approach to developments in relation to IPs' land rights in Kenya in the context of some concluding observations of the human rights treaties Monitoring Bodies, the African Commission on Human and Peoples' Rights as well as the decision of African Court on Human and Peoples' Rights to illustrate the significance of international human rights treaties and the African Charter on Human and Peoples' Rights in protecting land rights of IPs in Africa. The research method is largely doctrinal, it uses a case study method and it is comparative in its approach to Nigeria and Kenya in the context of how both countries engage with international law as well as the observations and decisions of relevant international

human rights bodies on both countries discussed in this chapter.

**Keywords:** indigenous peoples, land rights, international law, Africa, Kenya,

to enhance a viable relationship between international law and national law. It appears that the most controversial and dominant human rights issue that pertains to IPs is the challenges they face regarding dispossession of their ancestral

Globally indigenous peoples (IPs) suffer from several kinds of injustices as a result of their low numerical numbers, political marginalisation and low economic power. Perhaps it is because of their vulnerability to marginalisation and discrimination by other dominant groups and the State that the international community has chosen through the instrumentality of international human rights law to make them direct subjects of international law. However, international law is not easily enforceable within the domestic jurisdiction of some States, making it difficult for subjects of international law to enforce their rights thereunder in the domestic jurisdictions of States where they live. This raises interesting academic issues about how

in Protecting Land Rights of

#### **Chapter 1**

## The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria and Kenya: A Comparative Perspective

*Sylvanus Barnabas*

### **Abstract**

This chapter explains the role of international law in protecting land rights of indigenous peoples (IPs) in Africa. It examines selected decisions of the United Nations Human Rights Committee and human rights treaty-based Monitoring Bodies such as Committee on the Elimination of All Forms of Racial Discrimination and Committee on Economic Social and Cultural Rights on land rights of IPs. It uses the case study of Abuja, Nigeria and a comparative approach to developments in relation to IPs' land rights in Kenya in the context of some concluding observations of the human rights treaties Monitoring Bodies, the African Commission on Human and Peoples' Rights as well as the decision of African Court on Human and Peoples' Rights to illustrate the significance of international human rights treaties and the African Charter on Human and Peoples' Rights in protecting land rights of IPs in Africa. The research method is largely doctrinal, it uses a case study method and it is comparative in its approach to Nigeria and Kenya in the context of how both countries engage with international law as well as the observations and decisions of relevant international human rights bodies on both countries discussed in this chapter.

**Keywords:** indigenous peoples, land rights, international law, Africa, Kenya, Nigeria

#### **1. Introduction**

Globally indigenous peoples (IPs) suffer from several kinds of injustices as a result of their low numerical numbers, political marginalisation and low economic power. Perhaps it is because of their vulnerability to marginalisation and discrimination by other dominant groups and the State that the international community has chosen through the instrumentality of international human rights law to make them direct subjects of international law. However, international law is not easily enforceable within the domestic jurisdiction of some States, making it difficult for subjects of international law to enforce their rights thereunder in the domestic jurisdictions of States where they live. This raises interesting academic issues about how to enhance a viable relationship between international law and national law.

It appears that the most controversial and dominant human rights issue that pertains to IPs is the challenges they face regarding dispossession of their ancestral lands which they often depend upon for their survival. The need to protect land rights of IPs may quite often come into conflict with the interests of the State. As this chapter will demonstrate, there are incidences where State interests may have negative impacts on land rights of IPs, in the context of the powers of the State to manage and control land through national laws as is the case in Nigeria and Kenya. (For the situation in Kenya in relation to land rights of the Ogiek peoples, see [1]). A bit more detailed information on the situation in Nigeria will be introduced later in Section 2.2 in the context of the case study in this chapter.

This chapter aims to explain the significance of international law and African regional human rights law in protecting land rights of IPs in Africa. It mainly uses the case study of Abuja, Nigeria and a comparative approach towards developments in relation to IPs' land rights in Kenya, in the context of some concluding observations of human rights treaties Monitoring Bodies, decisions of the African Commission on Human and Peoples' Rights as well as that of the African Court on Human and Peoples' Rights, to demonstrate the relevance of international and African regional law in protecting land rights of IPs in Africa. The main purpose of the comparative analysis between Nigeria and Kenya is because both countries have similar land rights issues in relation to IPs. In addition, both States are Anglophone with similar plural legal systems. Therefore, the two States are apt for such comparative study.

To achieve the above objectives, the chapter examines some decisions, concluding observations, general recommendations and decisions of the United Nations Human Rights Committee (HRC) and human rights treaty-based Monitoring Bodies such as Committee on the Elimination of All Forms of Racial Discrimination (CERD), Committee on Economic Social and Cultural Rights (CESCR), the African Commission on Human and Peoples' Rights (African Commission) and the African Court on Human and Peoples' Rights (African Court) on land rights of IPs. It uses the case study of Abuja, Nigeria to illustrate the significance of the International Covenant on Civil and Political Rights 1966 (ICCPR), the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination 1965 (ICERD) and the African Charter on Human and Peoples' Rights 1982 (African Charter) in protecting land rights of IPs in Africa.

Following this introductory Section 1, in Section 2 some introductory details about Nigeria, Kenya and the case study of Abuja, Nigeria will be introduced, in order to provide the reader with background information to the analyses that follow in Sections 3–6, through critical examination of the decisions, observations and general recommendations of international and regional human rights Monitoring Bodies as well as the African Court and African Commission. Before examining these international human rights instruments in detail, some background information on Nigeria, the case study of Abuja, and Kenya will be introduced in Section 2.

#### **2. Nigeria and Kenya in comparative perspective**

This section is aimed at introducing the reader to Nigeria, the case study and Kenya in order to provide relevant background information to the analyses of the observations, statements and decisions of the relevant bodies discussed in this chapter, in the context of how to safeguard land rights of IPs in Africa using the relevant international human rights treaties that will be examined later in Sections 3–6. The essence of discussing the manner in which international law is treated within the domestic jurisdiction of Kenya and Nigeria, is to enable this chapter to determine what system would be better suitable for the protection of land rights of IPs within the domestic jurisdiction of African States in accordance with the provisions of the international human rights instruments discussed in this chapter.

**5**

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria…*

Nigeria is an African country with a population of about 100 and 70 million people. It is located in West Africa. It is a multi-ethnic and multi-religious country. Prior to British colonial rule, there were many pre-colonial African States in both northern and southern parts of the country [2, 3]. The pre-dominant mode of law in the pre-colonial era was customary law [4]. However, with the advent of colonial rule by Britain, most of the pre-existing indigenous States were brought together to form Nigeria in 1914 through the amalgamation of the Northern and Southern Protectorates of Nigeria [5]. During colonial rule, there was a gradual introduction of statutory English law which co-existed with customary law and Islamic law depending on the specific area of Nigeria [6]. With the growth of anti-colonial movements across the world, Nigeria became politically independent from colonial rule in 1960. Nigeria now has 30 States in addition to Abuja, the Federal Capital city. Nigeria's legal system is plural, encompassing customary law, State law and Islamic law [7]. In the context of international law, it appears that the pre-existing political entities prior to British colonial administration had an engagement with international law through diplomatic relations with other African States and Europeans going back to the fourteenth century [8]. However, with the emergence of colonial rule the precolonial States lost their identities as they assumed the identity of the colonial Britain. Consequently, they lost the ability to engage with international law to colonial Britain [9]. However, upon attainment of political independence from Britain in 1960, Nigeria's sovereignty was restored and then became a subject of international law with obligations as such [10]. Upon independence, Nigeria informed the UN that it will accept and inherit its obligations from the United Kingdom if such international

The contemporary relationship between Nigeria's national laws and international law has its origins in the Nigerian Independence Constitution 1960 which incorporated international human rights norms enshrined in the UN Charter, [12] the Universal Declaration of Human Rights (UDHR), 1948 [13] as well as the European Convention on Human Rights and Fundamental Freedoms (ECHR) [14]. Subsequent Nigerian constitutions have also succeeded in making provision for those rights [15]. Nigeria is a party to several international human rights treaties, (for some of these see, [16–19]). Currently, Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (Nigerian Constitution) incorporates these rights. Nigeria also has a domestic legislation which is a replica of the African Charter, [20] which makes its provisions directly enforceable before Nigerian courts of law. For general analyses of the impact of the African Charter on

However, Section 1 (3) of the Nigerian Constitution proclaims the Constitution as supreme over any other law, so that in circumstances of conflict between the provision of the Nigerian Constitution and international law, the Nigerian Constitution shall prevail and such international law shall be void to the extent of its inconsistencies. Indeed, Section 12 (1) of the Nigerian Constitution provides that, no treaty which has been signed and ratified by Nigeria shall have the force of law in Nigeria's domestic jurisdiction unless such has been enacted as a legislation by the Nigerian legislature. The case study in this chapter will now be introduced in Section 2.2.

Abuja is the administrative capital of the Federal Republic of Nigeria, (see [24]). Abuja is specifically defined under the First Schedule to the Nigerian Federal Capital Territory Act 1976 (FCT Act) [25] (see also, [26]). Abuja is located in central Nigeria [27]. The peoples of Abuja belong to the following ethnic groups: the Gbagyi; the

*DOI: http://dx.doi.org/10.5772/intechopen.85823*

instruments are valid and applicable to Nigeria [11].

human rights litigation in Nigeria and Africa, see [21–23].

**2.2 An introduction to the case study of Abuja, Nigeria**

**2.1 An introduction to Nigeria**

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria… DOI: http://dx.doi.org/10.5772/intechopen.85823*

#### **2.1 An introduction to Nigeria**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

Section 2.2 in the context of the case study in this chapter.

lands which they often depend upon for their survival. The need to protect land rights of IPs may quite often come into conflict with the interests of the State. As this chapter will demonstrate, there are incidences where State interests may have negative impacts on land rights of IPs, in the context of the powers of the State to manage and control land through national laws as is the case in Nigeria and Kenya. (For the situation in Kenya in relation to land rights of the Ogiek peoples, see [1]). A bit more detailed information on the situation in Nigeria will be introduced later in

This chapter aims to explain the significance of international law and African regional human rights law in protecting land rights of IPs in Africa. It mainly uses the case study of Abuja, Nigeria and a comparative approach towards developments in relation to IPs' land rights in Kenya, in the context of some concluding observations of human rights treaties Monitoring Bodies, decisions of the African Commission on Human and Peoples' Rights as well as that of the African Court on Human and Peoples' Rights, to demonstrate the relevance of international and African regional law in protecting land rights of IPs in Africa. The main purpose of the comparative analysis between Nigeria and Kenya is because both countries have similar land rights issues in relation to IPs. In addition, both States are Anglophone with similar plural

legal systems. Therefore, the two States are apt for such comparative study.

To achieve the above objectives, the chapter examines some decisions, concluding observations, general recommendations and decisions of the United Nations Human Rights Committee (HRC) and human rights treaty-based Monitoring Bodies such as Committee on the Elimination of All Forms of Racial Discrimination (CERD), Committee on Economic Social and Cultural Rights (CESCR), the African Commission on Human and Peoples' Rights (African Commission) and the African Court on Human and Peoples' Rights (African Court) on land rights of IPs. It uses the case study of Abuja, Nigeria to illustrate the significance of the International Covenant on Civil and Political Rights 1966 (ICCPR), the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination 1965 (ICERD) and the African Charter on Human and Peoples' Rights 1982 (African Charter) in protecting land rights of IPs in Africa.

Following this introductory Section 1, in Section 2 some introductory details about Nigeria, Kenya and the case study of Abuja, Nigeria will be introduced, in order to provide the reader with background information to the analyses that follow in Sections 3–6, through critical examination of the decisions, observations and general recommendations of international and regional human rights Monitoring Bodies as well as the African Court and African Commission. Before examining these international human rights instruments in detail, some background information on Nigeria, the case study of Abuja, and Kenya will be

This section is aimed at introducing the reader to Nigeria, the case study and Kenya in order to provide relevant background information to the analyses of the observations, statements and decisions of the relevant bodies discussed in this chapter, in the context of how to safeguard land rights of IPs in Africa using the relevant international human rights treaties that will be examined later in Sections 3–6. The essence of discussing the manner in which international law is treated within the domestic jurisdiction of Kenya and Nigeria, is to enable this chapter to determine what system would be better suitable for the protection of land rights of IPs within the domestic jurisdiction of African States in accordance with the provisions of the international human rights instruments discussed in this chapter.

**4**

introduced in Section 2.

**2. Nigeria and Kenya in comparative perspective**

Nigeria is an African country with a population of about 100 and 70 million people. It is located in West Africa. It is a multi-ethnic and multi-religious country. Prior to British colonial rule, there were many pre-colonial African States in both northern and southern parts of the country [2, 3]. The pre-dominant mode of law in the pre-colonial era was customary law [4]. However, with the advent of colonial rule by Britain, most of the pre-existing indigenous States were brought together to form Nigeria in 1914 through the amalgamation of the Northern and Southern Protectorates of Nigeria [5]. During colonial rule, there was a gradual introduction of statutory English law which co-existed with customary law and Islamic law depending on the specific area of Nigeria [6]. With the growth of anti-colonial movements across the world, Nigeria became politically independent from colonial rule in 1960. Nigeria now has 30 States in addition to Abuja, the Federal Capital city.

Nigeria's legal system is plural, encompassing customary law, State law and Islamic law [7]. In the context of international law, it appears that the pre-existing political entities prior to British colonial administration had an engagement with international law through diplomatic relations with other African States and Europeans going back to the fourteenth century [8]. However, with the emergence of colonial rule the precolonial States lost their identities as they assumed the identity of the colonial Britain. Consequently, they lost the ability to engage with international law to colonial Britain [9]. However, upon attainment of political independence from Britain in 1960, Nigeria's sovereignty was restored and then became a subject of international law with obligations as such [10]. Upon independence, Nigeria informed the UN that it will accept and inherit its obligations from the United Kingdom if such international instruments are valid and applicable to Nigeria [11].

The contemporary relationship between Nigeria's national laws and international law has its origins in the Nigerian Independence Constitution 1960 which incorporated international human rights norms enshrined in the UN Charter, [12] the Universal Declaration of Human Rights (UDHR), 1948 [13] as well as the European Convention on Human Rights and Fundamental Freedoms (ECHR) [14]. Subsequent Nigerian constitutions have also succeeded in making provision for those rights [15]. Nigeria is a party to several international human rights treaties, (for some of these see, [16–19]). Currently, Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (Nigerian Constitution) incorporates these rights. Nigeria also has a domestic legislation which is a replica of the African Charter, [20] which makes its provisions directly enforceable before Nigerian courts of law. For general analyses of the impact of the African Charter on human rights litigation in Nigeria and Africa, see [21–23].

However, Section 1 (3) of the Nigerian Constitution proclaims the Constitution as supreme over any other law, so that in circumstances of conflict between the provision of the Nigerian Constitution and international law, the Nigerian Constitution shall prevail and such international law shall be void to the extent of its inconsistencies. Indeed, Section 12 (1) of the Nigerian Constitution provides that, no treaty which has been signed and ratified by Nigeria shall have the force of law in Nigeria's domestic jurisdiction unless such has been enacted as a legislation by the Nigerian legislature. The case study in this chapter will now be introduced in Section 2.2.

#### **2.2 An introduction to the case study of Abuja, Nigeria**

Abuja is the administrative capital of the Federal Republic of Nigeria, (see [24]). Abuja is specifically defined under the First Schedule to the Nigerian Federal Capital Territory Act 1976 (FCT Act) [25] (see also, [26]). Abuja is located in central Nigeria [27]. The peoples of Abuja belong to the following ethnic groups: the Gbagyi; the

Koro; the Gade; the Bassa; the Igbira; the Amwamwa; the Ajiri Afo; and Gwandara. Studies have shown that the peoples of Abuja have lived and occupied this territory prior to British colonial rule in Nigeria. (For anthropological notes on the history, culture and geographical locations of these peoples in Nigeria, see generally [28]. For more details about the peoples as IPs in international law, see [29].)

Their land rights issues began in 1976 with the compulsorily acquisition of their ancestral lands for building a capital city [30]. The Land Use Act 1978 (LUA) [31] is the principal legislation on land but it is not applicable in Abuja. Abuja is meant to be a symbolisation of the unity of Nigeria [32]. The FCT Act vests all of Abuja lands 'exclusively' in the Federal Government of Nigeria. Implying that customary land rights do not exist in Abuja. The compulsory termination of customary land rights in Abuja is backed by Section 279 (2) of the Constitution of the Federal Republic of Nigeria 1999 (Nigerian Constitution). That section provides that 'The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the Government of the Federal Republic of Nigeria'.

In relation to the other 36 States that make up the Nigerian Federation, the LUA makes provision for two types of occupancy rights. First is 'statutory right of occupancy' and secondly 'customary right of occupancy'. For customary rights of occupancy, the Act provides that Local Governments may grant customary rights of occupancy to land in any non-urban area to any person or organisation for agricultural, residential, and other purposes, including grazing and other customary purposes related to agricultural use in the 36 States.

Although the LUA has had a negative effect on the customary land rights of Nigerians in general [33], aspects of customary land tenure law have been accommodated within the LUA. An example is Section 24 of LUA which preserves customary law rules governing devolution of property. Similarly, Section 29 of LUA provides that the holder or occupier entitled to compensation in respect of customary land rights, if compulsorily acquired, is a community and the Governor is empowered to direct payment of compensation either to the community or to its chief or leader to be disposed of by him for the benefit of the community in accordance with the applicable customary law. Therefore, Nigerians who are indigenous to the 36 States of Nigeria have benefited from this statutory accommodation of customary land rights (see Section 36 of LUA). This is not the case in relation to Abuja peoples whose customary land rights are terminated by the domestic laws and Constitution of Nigeria.

The above situation in the context of customary land rights in Abuja has been confirmed as the position of the law by the decision of the Nigerian Court of Appeal (CA) in the only known case on the issue as at the time of writing. In Ona v Atenda [34] the Nigerian CA relied on the provisions of the afore-mentioned FCT Act and the Nigerian Constitution when it held that no person can be entitled to compensation for the compulsory acquisition on the basis of customary land rights, except those rights are enshrined in a statute [35]. As the FCT Act predates the LUA, the preservation of customary land rights under the LUA cannot inure in favour of Abuja peoples. It will be demonstrated later in Sections 3–6, that this development is a violation of international human rights laws. This chapter shall now introduce some background information on Kenya in Section 2.3 as a background to the comparative discussion that follow in the remainder of this chapter.

#### **2.3 An introduction to Kenya**

Like Nigeria, Kenya is also an African country. It is geographically located in East Africa. It is also a multi-ethnic and multi-religious country. It has a population of about 38 million people. Prior to British colonial rule, there were several indigenous States in existence in Kenya [36]. The pre-dominant mode of law then was also

**7**

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria…*

customary law [37]. Just like Nigeria, the pre-colonial States engaged with international law through trade and diplomatic relations with other pre-colonial African and European States [36]. The emergence of colonial rule in Kenya began with the declaration of Kenya as the East Africa Protectorate on 15 June 1895 by the British [38]. Consequently, pre-colonial Kenya lost its sovereignty and identity to Britain as

The place of international law and particularly international human rights law in Kenya has not been as straight forward as it has been in Nigeria [39], as the 1963 Independence Constitution of Kenya did not make provision for international law or international human rights law in the domestic legal system of Kenya [40]. However, in 1969 a bill of rights was incorporated into the Kenya Constitution 1963 [41]. Like Nigeria, this was the influence of the UN Charter, UDHR and the ECHR [42]. It has also been argued that this development in Kenya was the result of the inclusion of international human rights norms in the Ugandan Constitution which was in turn inspired by the approach that had been adopted under the Nigerian

Prior to the adoption of the Constitution of the Republic of Kenya 2010 (Kenyan Constitution), Kenya's approach towards international law was dualist [43]. That is, a similar approach as discussed in the context of Section 12 (1) of the Nigerian Constitution in Section 2.1, where no international treaty can have the force of law in the domestic jurisdiction unless such has been enacted as domestic legislation. However, due to fairly recent Constitutional reforms, the Kenyan Constitution has abandoned its previous dualist approach (a similar approach under the Nigerian

Article 2 (6) of the Kenyan Constitution provides that any treaty that has been signed and ratified by Kenya shall have the force of law in Kenya. Implying that there is now no need for enacting domestic legislations to make such treaties enforceable in Kenya. This is a remarkable departure from what obtains under the current Nigerian Constitution. However, Article 2 (2) of the Kenyan Constitution affirms its supremacy over any other law just like the case with the Nigerian Constitution, implying that where there is conflict between the Kenyan

Kenya is home to several IPs such as the Ogiek and the Endorois amongst many others [45] and there has also been recent legal developments in relation to their land rights at regional and internal levels as demonstrated later in Sections 3–6. The notoriety of these cases in relation to land rights of IPs in Kenya and the decisions and observations of the relevant treaty Monitoring Bodies on the developments in Kenya, justifies the comparison with Nigeria to illustrate the significance of the international human rights instruments discussed later in this chapter, towards solving the human rights challenges that the case study introduced in Section 2.2. Indeed, since this chapter is mainly concerned about the significance of international human rights treaties in protecting land rights of IPs in Africa, this makes Kenya a good comparator with Nigeria in the context of the case study which was introduced in Section 2.2. In the remainder of this chapter, the case study of Abuja is used to illustrate the significance of international human rights treaties in the protection of land rights of IPs in the domestic jurisdiction of African States such as Nigeria and Kenya in Sections 3–6.

The idea of 'racial discrimination' in the context of the ICERD is defined under Article 1(1) of the ICERD [46] as any distinction which has the tendency to exclude, restrict or offers preferential treatment based on any of the grounds specified therein

*DOI: http://dx.doi.org/10.5772/intechopen.85823*

Independence Constitution 1960 [43].

Constitution) towards international law [44].

**3. The role of the ICERD and the CERD**

Constitution and international law, the former shall prevail.

well as the ability to engage with international law.

#### *The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria… DOI: http://dx.doi.org/10.5772/intechopen.85823*

customary law [37]. Just like Nigeria, the pre-colonial States engaged with international law through trade and diplomatic relations with other pre-colonial African and European States [36]. The emergence of colonial rule in Kenya began with the declaration of Kenya as the East Africa Protectorate on 15 June 1895 by the British [38]. Consequently, pre-colonial Kenya lost its sovereignty and identity to Britain as well as the ability to engage with international law.

The place of international law and particularly international human rights law in Kenya has not been as straight forward as it has been in Nigeria [39], as the 1963 Independence Constitution of Kenya did not make provision for international law or international human rights law in the domestic legal system of Kenya [40]. However, in 1969 a bill of rights was incorporated into the Kenya Constitution 1963 [41]. Like Nigeria, this was the influence of the UN Charter, UDHR and the ECHR [42]. It has also been argued that this development in Kenya was the result of the inclusion of international human rights norms in the Ugandan Constitution which was in turn inspired by the approach that had been adopted under the Nigerian Independence Constitution 1960 [43].

Prior to the adoption of the Constitution of the Republic of Kenya 2010 (Kenyan Constitution), Kenya's approach towards international law was dualist [43]. That is, a similar approach as discussed in the context of Section 12 (1) of the Nigerian Constitution in Section 2.1, where no international treaty can have the force of law in the domestic jurisdiction unless such has been enacted as domestic legislation. However, due to fairly recent Constitutional reforms, the Kenyan Constitution has abandoned its previous dualist approach (a similar approach under the Nigerian Constitution) towards international law [44].

Article 2 (6) of the Kenyan Constitution provides that any treaty that has been signed and ratified by Kenya shall have the force of law in Kenya. Implying that there is now no need for enacting domestic legislations to make such treaties enforceable in Kenya. This is a remarkable departure from what obtains under the current Nigerian Constitution. However, Article 2 (2) of the Kenyan Constitution affirms its supremacy over any other law just like the case with the Nigerian Constitution, implying that where there is conflict between the Kenyan Constitution and international law, the former shall prevail.

Kenya is home to several IPs such as the Ogiek and the Endorois amongst many others [45] and there has also been recent legal developments in relation to their land rights at regional and internal levels as demonstrated later in Sections 3–6. The notoriety of these cases in relation to land rights of IPs in Kenya and the decisions and observations of the relevant treaty Monitoring Bodies on the developments in Kenya, justifies the comparison with Nigeria to illustrate the significance of the international human rights instruments discussed later in this chapter, towards solving the human rights challenges that the case study introduced in Section 2.2. Indeed, since this chapter is mainly concerned about the significance of international human rights treaties in protecting land rights of IPs in Africa, this makes Kenya a good comparator with Nigeria in the context of the case study which was introduced in Section 2.2. In the remainder of this chapter, the case study of Abuja is used to illustrate the significance of international human rights treaties in the protection of land rights of IPs in the domestic jurisdiction of African States such as Nigeria and Kenya in Sections 3–6.

#### **3. The role of the ICERD and the CERD**

The idea of 'racial discrimination' in the context of the ICERD is defined under Article 1(1) of the ICERD [46] as any distinction which has the tendency to exclude, restrict or offers preferential treatment based on any of the grounds specified therein

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

more details about the peoples as IPs in international law, see [29].)

Government of the Federal Republic of Nigeria'.

ary purposes related to agricultural use in the 36 States.

comparative discussion that follow in the remainder of this chapter.

Like Nigeria, Kenya is also an African country. It is geographically located in East Africa. It is also a multi-ethnic and multi-religious country. It has a population of about 38 million people. Prior to British colonial rule, there were several indigenous States in existence in Kenya [36]. The pre-dominant mode of law then was also

Koro; the Gade; the Bassa; the Igbira; the Amwamwa; the Ajiri Afo; and Gwandara. Studies have shown that the peoples of Abuja have lived and occupied this territory prior to British colonial rule in Nigeria. (For anthropological notes on the history, culture and geographical locations of these peoples in Nigeria, see generally [28]. For

Their land rights issues began in 1976 with the compulsorily acquisition of their ancestral lands for building a capital city [30]. The Land Use Act 1978 (LUA) [31] is the principal legislation on land but it is not applicable in Abuja. Abuja is meant to be a symbolisation of the unity of Nigeria [32]. The FCT Act vests all of Abuja lands 'exclusively' in the Federal Government of Nigeria. Implying that customary land rights do not exist in Abuja. The compulsory termination of customary land rights in Abuja is backed by Section 279 (2) of the Constitution of the Federal Republic of Nigeria 1999 (Nigerian Constitution). That section provides that 'The ownership of all lands comprised in the Federal Capital Territory, Abuja shall vest in the

In relation to the other 36 States that make up the Nigerian Federation, the LUA makes provision for two types of occupancy rights. First is 'statutory right of occupancy' and secondly 'customary right of occupancy'. For customary rights of occupancy, the Act provides that Local Governments may grant customary rights of occupancy to land in any non-urban area to any person or organisation for agricultural, residential, and other purposes, including grazing and other custom-

Although the LUA has had a negative effect on the customary land rights of Nigerians in general [33], aspects of customary land tenure law have been accommodated within the LUA. An example is Section 24 of LUA which preserves customary law rules governing devolution of property. Similarly, Section 29 of LUA provides that the holder or occupier entitled to compensation in respect of customary land rights, if compulsorily acquired, is a community and the Governor is empowered to direct payment of compensation either to the community or to its chief or leader to be disposed of by him for the benefit of the community in accordance with the applicable customary law. Therefore, Nigerians who are indigenous to the 36 States of Nigeria have benefited from this statutory accommodation of customary land rights (see Section 36 of LUA). This is not the case in relation to Abuja peoples whose customary land rights are terminated by the domestic laws and Constitution of Nigeria. The above situation in the context of customary land rights in Abuja has been confirmed as the position of the law by the decision of the Nigerian Court of Appeal (CA) in the only known case on the issue as at the time of writing. In Ona v Atenda [34] the Nigerian CA relied on the provisions of the afore-mentioned FCT Act and the Nigerian Constitution when it held that no person can be entitled to compensation for the compulsory acquisition on the basis of customary land rights, except those rights are enshrined in a statute [35]. As the FCT Act predates the LUA, the preservation of customary land rights under the LUA cannot inure in favour of Abuja peoples. It will be demonstrated later in Sections 3–6, that this development is a violation of international human rights laws. This chapter shall now introduce some background information on Kenya in Section 2.3 as a background to the

**6**

**2.3 An introduction to Kenya**

such as: 'race, colour, descent, or national or ethnic origin', which would ordinarily prevent the enjoyment and exercise of human rights 'on an equal footing' in 'the political, economic, social, cultural or any other field of public life'. A duty is imposed upon States to ensure the equal protection and enjoyment of human rights of racial groups or individuals belonging to them just as other members of society through the enactment of relevant laws. Under Article 2 (c) of the ICERD, States are mandated to eliminate all forms of racial discrimination by taking affirmative actions.

Furthermore, under Article 5, States are required '…to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law…' in the enjoyment of the 'right to own property alone as well as in association with others' including 'economic, social and cultural rights'.

In the process of monitoring States' compliance with their commitments under ICERD, the CERD was established. Accordingly, CERD has stated that the provisions contained in the ICERD have an immediate effect [47]. Nigeria has signed and ratified the ICERD. The CERD has maintained that the provisions of the ICERD are relevant in the context of protecting the rights of IPs in general as contained in its 1997 General Recommendation No. 23 on IPs [48] (see also, [49]).

The CERD has maintained that 'a "hands-off," or "neutral" or "laissez-faire" policy is not enough' [50]. Indeed, the CERD's recommendations and official comments have made a number of States to review and amend their laws and policies which have negatively affected land rights of IPs [51]. For example, the CERD has utilised its 'Urgent Action Procedure' to encourage States to change discriminatory laws and policies. For example, New Zealand was the subject of an 'Early Warning Procedure' in 2004 in the context of New Zealand's Foreshore and Seabed Act (2004) because the law discriminated against the Māori [51]. Similarly, in March 2006, the CERD issued a similar decision against the United States (US) and stated that it must stop any further violation of the land rights of Western Shoshone [52]. Although there has been no case emanating from Africa as at the time of writing, the CERD has explained the relevance of the ICERD towards protecting land rights of IPs in Africa through Concluding Observations on the Periodic Reports submitted to it by both Nigeria and Kenya as demonstrated below.

In a 2011 Concluding Observation on Kenya [53], the CERD observed that the Kenyan Government was yet to respond positively to the decisions of the African Commission on the forced evictions of the Endorois and Ogiek from their ancestral lands without any adequate redress in contravention of Article 5 of the ICERD [54]. It then recommended that Kenya should take affirmative action in relation to the decision of the African Commission [54]. This illustrates that the ICERD's provisions are relevant in the context of safeguarding land rights of IPs in Africa.

Indeed, in a Concluding Observation on Nigeria [55], the CERD observed that Nigeria had not provided it with specific information about the list of minorities and precise figures about the ethnic composition of Nigeria to enable it assess how the ICERD's provisions are being complied with. It asked that such information should be produced to assist it in determining and identifying the groups that fall within the definition of 'racial discrimination' in accordance with Article 1 of the ICERD [56]. The CERD also raised concerns about the absence of a definition of 'racial discrimination' within Nigeria's domestic laws [57]. Another observation was that the main principles contained in the ICERD had not been incorporated into the domestic laws of Nigeria so that they could be used by litigants before the national Courts of Nigeria in order to comply with Article 2 of the ICERD [58]. The CERD was deeply concerned in relation to the provisions of the Nigerian LUA discussed in Section 2.2 and stated that its provisions were in contravention of the provisions of the ICERD [59].

**9**

protected by law' [64].

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria…*

Recommendation 23 on the rights of IPs and recommended that the Nigerian LUA be repealed and new legislation adopted which complies with the principles set forth in the ICERD on the exploitation and management of land [59]. The CERD also observed that the mere absence of complaints before it from Nigeria may be a consequence of the absence of appropriate legislative measures [59]. There is no evidence that Nigeria has complied with the recommendations made by the CERD

The constitutional and legislative termination of the customary land rights of Abuja peoples without adequate payment of compensation or resettlement is a violation of Articles 1, 2, 5 and 6 of the ICERD. The definition of racial discrimination under Article 1 of the ICERD demonstrates that Abuja peoples of Nigeria have and are being discriminated against in context of their customary land rights.

Under the substantive provisions of the ICCPR [60] the word 'peoples' is used without any specific definition as evidenced by the contents of Article 1 (1) and (2) [61]. In the specific context of protecting land rights of IPs, the ICCPR provides that all 'peoples' have the right to dispose of their wealth and natural resources and that in 'no case may a people be deprived of its own means of subsistence'. Like the ICERD, Article 26 of the ICCPR then further provides that '…all persons are entitled to equal protection under the law and prohibits discrimination on grounds of race, colour, sex, language, national or social origin, property, birth or other status'. Indeed, the ICCPR imposes obligations on States which require them to adopt legislations that give effect to its provisions. However, of particular relevance to land rights of IPs is the protection in the ICCPR accorded to 'linguistic minorities' and 'persons belonging to such minorities' of 'the right, in community with the other

The body enshrined with the responsibility of monitoring compliance with States' obligations under the ICCPR is the HRC, which is established by the ICCPR. The HRC has interpreted some provisions of the ICCPR and concluded that they serve as effective safeguards to the rights of IPs to practice their culture and to own their properties. For example, the HRC has maintained that Article 27 of the ICCPR in particular protects IPs' land rights (see [62]) as demonstrated by its decision in the case of Aerela and Nakkalajarvi v Finland. In addition to this, in its General Comment on Article 27 [63], the HRC maintains that '…culture manifests itself in many forms, especially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves

Indeed, Article 27 of the ICCPR provides for the rights of individual members of minority groups such as IPs to enjoy their culture but this is also complemented by the possibility that such rights can be exercisable 'in community with the other members of their group' [64]. To buttress this point, in Lubicon Lake Band v Canada, [65] the HRC was of the view that it had no problems with 'a group of individuals, who claim to be similarly affected, collectively to submit a communication', to it (see also [66]). Similarly, in Sandra Lovelace v Canada, [67] the HRC opined that a State cannot deprive a group of people of their right to practice their culture such as living and maintaining ties with reserves upon which they were born [67]. Although the ICCPR allows States to derogate from the rights guaranteed therein

by State Parties, this can only happen in circumstances that endangers the very existence of the State itself. Indeed, this accommodation of the rights of States to

Therefore, Nigeria's attention was drawn to the CERD's General

as at the time of writing, as there are no documents showing this.

*DOI: http://dx.doi.org/10.5772/intechopen.85823*

**4. The role of the ICCPR and HRC**

members of their group, to enjoy their own culture'.

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria… DOI: http://dx.doi.org/10.5772/intechopen.85823*

Therefore, Nigeria's attention was drawn to the CERD's General Recommendation 23 on the rights of IPs and recommended that the Nigerian LUA be repealed and new legislation adopted which complies with the principles set forth in the ICERD on the exploitation and management of land [59]. The CERD also observed that the mere absence of complaints before it from Nigeria may be a consequence of the absence of appropriate legislative measures [59]. There is no evidence that Nigeria has complied with the recommendations made by the CERD as at the time of writing, as there are no documents showing this.

The constitutional and legislative termination of the customary land rights of Abuja peoples without adequate payment of compensation or resettlement is a violation of Articles 1, 2, 5 and 6 of the ICERD. The definition of racial discrimination under Article 1 of the ICERD demonstrates that Abuja peoples of Nigeria have and are being discriminated against in context of their customary land rights.

#### **4. The role of the ICCPR and HRC**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

with others' including 'economic, social and cultural rights'.

1997 General Recommendation No. 23 on IPs [48] (see also, [49]).

ted to it by both Nigeria and Kenya as demonstrated below.

such as: 'race, colour, descent, or national or ethnic origin', which would ordinarily prevent the enjoyment and exercise of human rights 'on an equal footing' in 'the political, economic, social, cultural or any other field of public life'. A duty is imposed upon States to ensure the equal protection and enjoyment of human rights of racial groups or individuals belonging to them just as other members of society through the enactment of relevant laws. Under Article 2 (c) of the ICERD, States are mandated to

Furthermore, under Article 5, States are required '…to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law…' in the enjoyment of the 'right to own property alone as well as in association

In the process of monitoring States' compliance with their commitments under ICERD, the CERD was established. Accordingly, CERD has stated that the provisions contained in the ICERD have an immediate effect [47]. Nigeria has signed and ratified the ICERD. The CERD has maintained that the provisions of the ICERD are relevant in the context of protecting the rights of IPs in general as contained in its

The CERD has maintained that 'a "hands-off," or "neutral" or "laissez-faire" policy is not enough' [50]. Indeed, the CERD's recommendations and official comments have made a number of States to review and amend their laws and policies which have negatively affected land rights of IPs [51]. For example, the CERD has utilised its 'Urgent Action Procedure' to encourage States to change discriminatory laws and policies. For example, New Zealand was the subject of an 'Early Warning Procedure' in 2004 in the context of New Zealand's Foreshore and Seabed Act (2004) because the law discriminated against the Māori [51]. Similarly, in March 2006, the CERD issued a similar decision against the United States (US) and stated that it must stop any further violation of the land rights of Western Shoshone [52]. Although there has been no case emanating from Africa as at the time of writing, the CERD has explained the relevance of the ICERD towards protecting land rights of IPs in Africa through Concluding Observations on the Periodic Reports submit-

In a 2011 Concluding Observation on Kenya [53], the CERD observed that the Kenyan Government was yet to respond positively to the decisions of the African Commission on the forced evictions of the Endorois and Ogiek from their ancestral lands without any adequate redress in contravention of Article 5 of the ICERD [54]. It then recommended that Kenya should take affirmative action in relation to the decision of the African Commission [54]. This illustrates that the ICERD's provisions are relevant in the context of safeguarding land rights of IPs in Africa.

Indeed, in a Concluding Observation on Nigeria [55], the CERD observed that Nigeria had not provided it with specific information about the list of minorities and precise figures about the ethnic composition of Nigeria to enable it assess how the ICERD's provisions are being complied with. It asked that such information should be produced to assist it in determining and identifying the groups that fall within the definition of 'racial discrimination' in accordance with Article 1 of the ICERD [56]. The CERD also raised concerns about the absence of a definition of 'racial discrimination' within Nigeria's domestic laws [57]. Another observation was that the main principles contained in the ICERD had not been incorporated into the domestic laws of Nigeria so that they could be used by litigants before the national Courts of Nigeria in order to comply with Article 2 of the ICERD [58]. The CERD was deeply concerned in relation to the provisions of the Nigerian LUA discussed in Section 2.2 and stated that its provisions were in contravention of the provisions of

eliminate all forms of racial discrimination by taking affirmative actions.

**8**

the ICERD [59].

Under the substantive provisions of the ICCPR [60] the word 'peoples' is used without any specific definition as evidenced by the contents of Article 1 (1) and (2) [61]. In the specific context of protecting land rights of IPs, the ICCPR provides that all 'peoples' have the right to dispose of their wealth and natural resources and that in 'no case may a people be deprived of its own means of subsistence'. Like the ICERD, Article 26 of the ICCPR then further provides that '…all persons are entitled to equal protection under the law and prohibits discrimination on grounds of race, colour, sex, language, national or social origin, property, birth or other status'. Indeed, the ICCPR imposes obligations on States which require them to adopt legislations that give effect to its provisions. However, of particular relevance to land rights of IPs is the protection in the ICCPR accorded to 'linguistic minorities' and 'persons belonging to such minorities' of 'the right, in community with the other members of their group, to enjoy their own culture'.

The body enshrined with the responsibility of monitoring compliance with States' obligations under the ICCPR is the HRC, which is established by the ICCPR. The HRC has interpreted some provisions of the ICCPR and concluded that they serve as effective safeguards to the rights of IPs to practice their culture and to own their properties. For example, the HRC has maintained that Article 27 of the ICCPR in particular protects IPs' land rights (see [62]) as demonstrated by its decision in the case of Aerela and Nakkalajarvi v Finland. In addition to this, in its General Comment on Article 27 [63], the HRC maintains that '…culture manifests itself in many forms, especially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law' [64].

Indeed, Article 27 of the ICCPR provides for the rights of individual members of minority groups such as IPs to enjoy their culture but this is also complemented by the possibility that such rights can be exercisable 'in community with the other members of their group' [64]. To buttress this point, in Lubicon Lake Band v Canada, [65] the HRC was of the view that it had no problems with 'a group of individuals, who claim to be similarly affected, collectively to submit a communication', to it (see also [66]). Similarly, in Sandra Lovelace v Canada, [67] the HRC opined that a State cannot deprive a group of people of their right to practice their culture such as living and maintaining ties with reserves upon which they were born [67].

Although the ICCPR allows States to derogate from the rights guaranteed therein by State Parties, this can only happen in circumstances that endangers the very existence of the State itself. Indeed, this accommodation of the rights of States to

derogate from those rights is made subject to the proviso that such derogations must not be in conflict with a State's international law obligations and must not be done in a manner that discriminates against any person or group of persons on any of the prohibited grounds under the ICCPR.

As at the time of writing, there have been no case before the HRC emanating from Africa, but the HRC has had the opportunity to make comments on developments in Kenya through its Concluding Observation [68]. In making observations on the adoption of a new Kenya Constitution in 2010 [69], the HRC raised concerns about lack of clarity regarding Section 2 (6) of the Kenyan Constitution which makes provision to the effect that all international treaties ratified by Kenya shall become part of the laws of Kenya under the Constitution, without giving any specific clarity about the legal status of the ICCPR in that country [70]. Consequently, the HRC recommended that Kenya takes measures to ensure that the ICCPR was part of the domestic laws of Kenya [70].

In the specific context of land rights of IPs in Kenya, the HRC made references to its previous Concluding Observation [71], and noted that Kenya must adopt appropriate laws, policies and practices to safeguard IPs from being evicted from their lands without consultation and resettlement [72]. Specifically, the HRC also expressed serious concerns about the land rights of Ogiek and Endorois peoples in the context of their continuous evictions, despite their dependence on the occupation of such lands for their survival [73]. The HRC also observed that Kenya had not complied with the decision of the African Commission in relation to the land rights of the Endorois in disregard of Kenya's obligations under Articles 12, 17, 26 and 27 of the ICCPR [73]. The HRC then recommended that Kenya should take account of and respect the land rights of IPs to their ancestral lands [73].

The latest HRC Concluding Observation on Nigeria as at the time of writing was the one made in 1996 [74]. In that Concluding Observation, the HRC recommended that Nigeria should review its entire legal framework towards protecting human rights in Nigeria in line with the provision and principles set-out in the ICCPR [75]. In the particular context of protecting the rights of IPs, the HRC recommended that Nigeria should ensure it protects the rights of persons belonging to ethnic minorities and ensure that the specific provision of Article 27 of the ICCPR are fully protected and guaranteed [76].

To the extent that the provision of Section 297 (2) of the Nigerian Constitution [76], and Section 1 (3) of the FCT Act, [76] discussed in Section 2.2 provides that the entire land in Abuja, the FCT of Nigeria, belongs 'exclusively' to the Federal Government of Nigeria when compensation or resettlement of all the IPs has not been made, these constitute continuous violations of the rights of the IPs of Abuja to practice their culture both individually and in association with others as farmers, hunters and fishermen. Certainly, this situation clearly constitutes violations of Article 27 of the ICCPR, (see [77–80]). Evidence of non-payment of compensation or resettlement is the existence of a Bill on the issue currently before the Nigerian Parliament (see [81]).

#### **5. The role of the ICESCR and the CESCR**

Without any specific definition, under the ICESCR [82] the word 'peoples' is also used, without definition. It provides that all 'peoples' shall enjoy economic, cultural development and social rights as well as the right to cultural freedoms. It also provides that in no circumstances should people be denied of their means of 'subsistence'. The body that has responsibility for monitoring States' compliance with their obligations under the ICESCR is the CESR which has stated that cultural rights are intertwined with other human rights [83]. In the context of IPs, the

**11**

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria…*

to the Nigerian Constitution and the FCT Act discussed in Section 2.2.

of Nigeria [96], is a contravention of Article 2 of the ICESCR.

of Nigeria cannot justify the violation of Nigeria's treaty obligations.

The CESCR has indeed acknowledged the urgent need to protect the cultural rights of IPs in a special way [88]. Accordingly, it has noted that there is a linkage between IPs' and the land, territories and resources which they have historically and contemporarily occupied and acquired [89]. States are imposed with a tripartite obligation as it relates to protecting cultural rights of IPs (the obligation to respect; the obligation to protect; and the obligation to fulfil) [90]. (For the specific meaning of each of these tripartite obligations in relation to cultural rights, see [91, 92]). The ICESCR also prohibits discrimination in the enjoyment of human rights in a similar way as the ICERD and the ICCPR [93]. The CESCR also maintains that to eliminate discrimination States should ensure that their laws do not enhance discrimination on the prohibited grounds [94]. The CESCR encourages States to give special attention to groups of individuals who have historically been victims of discrimination through removing the conditions that encourage such discrimination [94]. The CESCR has stated the 'race and colour' encompasses ethnicity of individuals and groups [95]. Obviously, Article 2 of the ICESCR has correlation in the context of Abuja peoples. The discriminatory termination of their customary land rights, when such customary land rights exist to the benefit of Nigerians of other ethnic groups indigenous to the 36 States

Although the ICESCR permits States to derogate from the rights guaranteed under it, such derogations must however be limited by law (and this includes international law) [97]. Indeed, the CESCR has used Article 27 of the Vienna Convention on the Law of Treaties 1969 [98] (which provides that a State cannot rely on its domestic law to violate its treaty obligations) to maintain that States should in such circumstance amend their laws in order not to be in violation of treaty obligation [99]. In the context of Abuja, terminating land rights of Abuja peoples through the domestic laws

As Kenya has been making constitutional and law reforms in relation to customary land rights of Kenyans, it will be interesting to examine the observations and comments of the CESCR to such law reforms in the context of Kenyan State obligations under the ICESCR. The purpose is to demonstrate the relevance of the ICESCR in protecting customary land rights issues in Africa. In one of its Concluding Observation on Kenya [100], the CESCR was impressed with the adoption of the Kenyan Constitution, wherein all international treaties signed and ratified by Kenya such as the ICESCR were made directly enforceable before Kenyan

domestic courts. But the ICESCR condemned the continuous delay by Kenya towards implementing the decision of the African Commission in the case relating

CESCR accepts that IPs have the right to enjoy all the rights under the UN Charter and UDHR as collectives and as individuals [84]. The CESCR has maintained that because of the expansive nature of cultural rights, and the enjoyment of such rights

The CESCR has made it clear that Article 15 (1) of the ICESCR implies that culture encompasses modes of production of food [86]. Consequently, it has cautioned that any limitation on cultural rights must be through the adoption of the least restrictive measures whilst considering various types of restrictions [87]. In the specific context of the case study of Abuja, the termination of customary land rights in that territory is anchored on the need for a capital for the State, which is in reality a legitimate State interest. However, the complete termination of customary land rights in Abuja, in such a place that have IPs who are predominantly farmers is the most restrictive measure. This is a contravention of Articles 1 (2) and 15 (1) of the ICESCR. The least restrictive measure would seem to be that the Government may retain the necessary parts needed for developing the Capital city, whereas, the customary land rights of Abuja peoples to the villages and farm lands is accommodated through amendments

*DOI: http://dx.doi.org/10.5772/intechopen.85823*

is linked to the enjoyment of human existence [85].

#### *The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria… DOI: http://dx.doi.org/10.5772/intechopen.85823*

CESCR accepts that IPs have the right to enjoy all the rights under the UN Charter and UDHR as collectives and as individuals [84]. The CESCR has maintained that because of the expansive nature of cultural rights, and the enjoyment of such rights is linked to the enjoyment of human existence [85].

The CESCR has made it clear that Article 15 (1) of the ICESCR implies that culture encompasses modes of production of food [86]. Consequently, it has cautioned that any limitation on cultural rights must be through the adoption of the least restrictive measures whilst considering various types of restrictions [87]. In the specific context of the case study of Abuja, the termination of customary land rights in that territory is anchored on the need for a capital for the State, which is in reality a legitimate State interest. However, the complete termination of customary land rights in Abuja, in such a place that have IPs who are predominantly farmers is the most restrictive measure. This is a contravention of Articles 1 (2) and 15 (1) of the ICESCR. The least restrictive measure would seem to be that the Government may retain the necessary parts needed for developing the Capital city, whereas, the customary land rights of Abuja peoples to the villages and farm lands is accommodated through amendments to the Nigerian Constitution and the FCT Act discussed in Section 2.2.

The CESCR has indeed acknowledged the urgent need to protect the cultural rights of IPs in a special way [88]. Accordingly, it has noted that there is a linkage between IPs' and the land, territories and resources which they have historically and contemporarily occupied and acquired [89]. States are imposed with a tripartite obligation as it relates to protecting cultural rights of IPs (the obligation to respect; the obligation to protect; and the obligation to fulfil) [90]. (For the specific meaning of each of these tripartite obligations in relation to cultural rights, see [91, 92]).

The ICESCR also prohibits discrimination in the enjoyment of human rights in a similar way as the ICERD and the ICCPR [93]. The CESCR also maintains that to eliminate discrimination States should ensure that their laws do not enhance discrimination on the prohibited grounds [94]. The CESCR encourages States to give special attention to groups of individuals who have historically been victims of discrimination through removing the conditions that encourage such discrimination [94]. The CESCR has stated the 'race and colour' encompasses ethnicity of individuals and groups [95]. Obviously, Article 2 of the ICESCR has correlation in the context of Abuja peoples. The discriminatory termination of their customary land rights, when such customary land rights exist to the benefit of Nigerians of other ethnic groups indigenous to the 36 States of Nigeria [96], is a contravention of Article 2 of the ICESCR.

Although the ICESCR permits States to derogate from the rights guaranteed under it, such derogations must however be limited by law (and this includes international law) [97]. Indeed, the CESCR has used Article 27 of the Vienna Convention on the Law of Treaties 1969 [98] (which provides that a State cannot rely on its domestic law to violate its treaty obligations) to maintain that States should in such circumstance amend their laws in order not to be in violation of treaty obligation [99]. In the context of Abuja, terminating land rights of Abuja peoples through the domestic laws of Nigeria cannot justify the violation of Nigeria's treaty obligations.

As Kenya has been making constitutional and law reforms in relation to customary land rights of Kenyans, it will be interesting to examine the observations and comments of the CESCR to such law reforms in the context of Kenyan State obligations under the ICESCR. The purpose is to demonstrate the relevance of the ICESCR in protecting customary land rights issues in Africa. In one of its Concluding Observation on Kenya [100], the CESCR was impressed with the adoption of the Kenyan Constitution, wherein all international treaties signed and ratified by Kenya such as the ICESCR were made directly enforceable before Kenyan domestic courts. But the ICESCR condemned the continuous delay by Kenya towards implementing the decision of the African Commission in the case relating

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

prohibited grounds under the ICCPR.

part of the domestic laws of Kenya [70].

protected and guaranteed [76].

derogate from those rights is made subject to the proviso that such derogations must not be in conflict with a State's international law obligations and must not be done in a manner that discriminates against any person or group of persons on any of the

As at the time of writing, there have been no case before the HRC emanating from Africa, but the HRC has had the opportunity to make comments on developments in Kenya through its Concluding Observation [68]. In making observations on the adoption of a new Kenya Constitution in 2010 [69], the HRC raised concerns about lack of clarity regarding Section 2 (6) of the Kenyan Constitution which makes provision to the effect that all international treaties ratified by Kenya shall become part of the laws of Kenya under the Constitution, without giving any specific clarity about the legal status of the ICCPR in that country [70]. Consequently, the HRC recommended that Kenya takes measures to ensure that the ICCPR was

In the specific context of land rights of IPs in Kenya, the HRC made references to its previous Concluding Observation [71], and noted that Kenya must adopt appropriate laws, policies and practices to safeguard IPs from being evicted from their lands without consultation and resettlement [72]. Specifically, the HRC also expressed serious concerns about the land rights of Ogiek and Endorois peoples in the context of their continuous evictions, despite their dependence on the occupation of such lands for their survival [73]. The HRC also observed that Kenya had not complied with the decision of the African Commission in relation to the land rights of the Endorois in disregard of Kenya's obligations under Articles 12, 17, 26 and 27 of the ICCPR [73]. The HRC then recommended that Kenya should take account of and respect the land rights of IPs to their ancestral lands [73].

The latest HRC Concluding Observation on Nigeria as at the time of writing was the one made in 1996 [74]. In that Concluding Observation, the HRC recommended that Nigeria should review its entire legal framework towards protecting human rights in Nigeria in line with the provision and principles set-out in the ICCPR [75]. In the particular context of protecting the rights of IPs, the HRC recommended that Nigeria should ensure it protects the rights of persons belonging to ethnic minorities and ensure that the specific provision of Article 27 of the ICCPR are fully

To the extent that the provision of Section 297 (2) of the Nigerian Constitution [76], and Section 1 (3) of the FCT Act, [76] discussed in Section 2.2 provides that the entire land in Abuja, the FCT of Nigeria, belongs 'exclusively' to the Federal Government of Nigeria when compensation or resettlement of all the IPs has not been made, these constitute continuous violations of the rights of the IPs of Abuja to practice their culture both individually and in association with others as farmers, hunters and fishermen. Certainly, this situation clearly constitutes violations of Article 27 of the ICCPR, (see [77–80]). Evidence of non-payment of compensation or resettlement is the existence

Without any specific definition, under the ICESCR [82] the word 'peoples' is also used, without definition. It provides that all 'peoples' shall enjoy economic, cultural development and social rights as well as the right to cultural freedoms. It also provides that in no circumstances should people be denied of their means of 'subsistence'. The body that has responsibility for monitoring States' compliance with their obligations under the ICESCR is the CESR which has stated that cultural rights are intertwined with other human rights [83]. In the context of IPs, the

of a Bill on the issue currently before the Nigerian Parliament (see [81]).

**5. The role of the ICESCR and the CESCR**

**10**

to the land rights of Endorois peoples [101]. Kenya was thus encouraged to respect that decision of the African Commission and to also ratify the International Labour organisation Convention on Indigenous and Tribal Peoples 1989 (ILO 169) [102].

The CESCR also observed that there was no sufficient legislation in Kenya that seeks to tackle discrimination in line with Article 2 of the ICESCR. It then encouraged Kenya to adopt legislation that expressly prohibits discrimination in all its forms [103]. It also lamented on the continuous threat of eviction of IPs such as pastoralist communities in Kenya without adequate legal remedies [104]. Consequently, it suggested that Kenya should adopt legislations providing safeguards for the tenure right of various IPs communities in Kenya [105]. It would appear that the emphasis on legislative reforms in Kenya by the CESCR is an indication that a lot of reliance is placed upon States to put into effect the provisions of the ICESCR through the enactment and reforms of domestic laws.

This should be the position in Nigeria as well in relation to land rights of the IPs of Abuja. As at the time of writing, the last Concluding Observation on Nigeria by the ICESCR is the one made in 1998 [106], in it the CESCR merely condemned the lack of rule of law in Nigeria and noted that this was negatively impacting on the enjoyment of economic, social and cultural rights under the ICESCR [107]. In an earlier document [108], the CESCR observed that there had been numerous incidences of forced evictions of people across Nigeria from their homes [109]. It particularly lamented about the problematic issues about land and resource rights of minorities and IPs living in the oil-producing areas of Nigeria whose lands were being polluted by the exploitation of oil, and encouraged Nigeria about the need to protect the rights of Ogoni people [110]. The relevance of the African Charter in safeguarding the land rights of IPs in African will be considered in Section 6.

#### **6. The role of the African charter in protecting land rights of IPs in Africa**

All the analyses above relate to the position of the law in the context of international human rights treaties. The main objective in this section is to examine the main African human rights instrument in the context of protecting land rights of IPs in Africa. Indeed, as the African Charter has been celebrated as an international human rights instrument made by Africans for Africans, it is important to examine the relevance of its provisions to land rights of IPs in Africa and the case study of Abuja [111]. According to the Constitutive Act of the African Union (AU Constitutive Act) [112], one of the main objectives of the African Union (AU) is to encourage international cooperation amongst African States by respecting the UN international human rights norms and the African Charter. It would then appear that the AU intends to use the African Charter as the over-arching framework for the promotion and protection of human rights in Africa [113]. The African Charter has been celebrated as an instrument that uniquely maintains a balance between collective rights of peoples and individual rights [114]. It also appears the focus on collective rights under the African Charter is intended to introduce an African dimension of human rights into the international regime on human rights [115].

Like its counterparts in other continents of the world, the African Commission has expressed its views on the human rights implications of protecting or violating the land rights of IPs in the context of Africa [116]. For example, in one of its Report on IPs [117], the African Commission expressly admitted that rights to land and natural resources are very important to the existence and survival of IPs [118]. It maintained that such rights are protected under Articles 20 (right to existence), 21 (right to freely dispose of their wealth and natural resources), and 22 (right to

**13**

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria…*

exercisable by individual members of IPs and as collectives in Africa.

resources in contravention of Article 21 of the African Charter [132].

the determination of the substantive suit [136].

In the most recent and perhaps the only case on the rights of indigenous peoples to be decided by a Regional Court in Africa as the time of writing—the case of the African Commission on Human and Peoples' Rights v The Republic of Kenya (Ogiek case) [133]—before the African Court, the Ogieks of the Mau Forests of Kenya, claimed that they are an indigenous minority ethnic group [134]. The Applicant alleged several instances of the violations of their land rights by the Kenyan Government [135]. In a provisional ruling, the African Court ordered the respondents to refrain from further violations of the land rights of the Ogieks until

In its final judgement on this case [137], the African Court referred to Article 26 of UNDRIP and held that the rights enshrined therein are variable and inclusive of the rights of IPs to land as equally safeguarded under Article 14 of the African Charter [138] among other relevant provisions. It would therefore appear as

economic, social and cultural development) of the African Charter. Indeed, Article 14 of the African Charter which protects the right of every individual to property, is

In an Advisory Opinion [119] on the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the African Commission maintained that Article 21 (1) of the African Charter was similar with Articles 10, 11 (2), 28 (1) and 32 of UNDRIP [119]. The African Commission is also of the view that Articles 2 (right to the enjoyment of the rights in the African Charter without distinction of any kind including ethnic group) and 3 (right to equal protection of the law) are enjoyable by IPs [120]. Thus, the African Commission has concluded that when States do not safeguard IPs against discrimination, then they are in violation of Articles 2 and 3 of the African Charter [121]. Indeed, Article 17 (2) of the African Charter recognises the right to cultural life in community, a right that certainly inures in favour of IPs in Africa in the context of their land rights. The African Commission is mandated to obtain guidance from the general body of international human rights law in reaching its decisions and conclusions. The African Commission invoked this mandate in the case of Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria (Ogoni case) [122]. In that case, the African Commission stated that the failure to involve the Ogoni people in the decision processes in the context of the exploitation of oil and gas on their traditional lands was in violation of their right to freely dispose of their natural resources and wealth as provided under the African Charter [123]. It also found that the Nigerian Government was in violation of Article 14 (right to property) of the African Charter in relation to the Ogoni peoples [124]. The African Commission emphasised the need for the general body of international human rights law to take into account the peculiar circumstances of Africa as economic, social and cultural rights as well as collective rights were essential issues in the African context [125]. In Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya (Endorois case) [126], where the Endorois of Kenya claimed that they were forcibly removed from their traditional and ancestral lands, without prior consultations and payment of adequate compensation to them by the Kenyan Government, the African Commission again demonstrated its willingness to protect land rights of IPs in Africa using the African Charter [127]. The African Commission then held that Endorois' culture and traditional way of life were intrinsically linked with their ancestral lands—Lake Bogoria and the surrounding area [127]. It also found that the Endorois were unable to fully exercise their cultural and religious rights, and felt disconnected from their land and ancestors, as a result of the evictions [128]. It affirmed that were violations of the African Charter by the State of Kenya, [129] and it also maintained that land rights of Endorois peoples had been violated [130] such as their cultural rights [131] and their rights to natural

*DOI: http://dx.doi.org/10.5772/intechopen.85823*

#### *The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria… DOI: http://dx.doi.org/10.5772/intechopen.85823*

economic, social and cultural development) of the African Charter. Indeed, Article 14 of the African Charter which protects the right of every individual to property, is exercisable by individual members of IPs and as collectives in Africa.

In an Advisory Opinion [119] on the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the African Commission maintained that Article 21 (1) of the African Charter was similar with Articles 10, 11 (2), 28 (1) and 32 of UNDRIP [119]. The African Commission is also of the view that Articles 2 (right to the enjoyment of the rights in the African Charter without distinction of any kind including ethnic group) and 3 (right to equal protection of the law) are enjoyable by IPs [120]. Thus, the African Commission has concluded that when States do not safeguard IPs against discrimination, then they are in violation of Articles 2 and 3 of the African Charter [121]. Indeed, Article 17 (2) of the African Charter recognises the right to cultural life in community, a right that certainly inures in favour of IPs in Africa in the context of their land rights.

The African Commission is mandated to obtain guidance from the general body of international human rights law in reaching its decisions and conclusions. The African Commission invoked this mandate in the case of Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria (Ogoni case) [122]. In that case, the African Commission stated that the failure to involve the Ogoni people in the decision processes in the context of the exploitation of oil and gas on their traditional lands was in violation of their right to freely dispose of their natural resources and wealth as provided under the African Charter [123]. It also found that the Nigerian Government was in violation of Article 14 (right to property) of the African Charter in relation to the Ogoni peoples [124]. The African Commission emphasised the need for the general body of international human rights law to take into account the peculiar circumstances of Africa as economic, social and cultural rights as well as collective rights were essential issues in the African context [125].

In Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya (Endorois case) [126], where the Endorois of Kenya claimed that they were forcibly removed from their traditional and ancestral lands, without prior consultations and payment of adequate compensation to them by the Kenyan Government, the African Commission again demonstrated its willingness to protect land rights of IPs in Africa using the African Charter [127]. The African Commission then held that Endorois' culture and traditional way of life were intrinsically linked with their ancestral lands—Lake Bogoria and the surrounding area [127]. It also found that the Endorois were unable to fully exercise their cultural and religious rights, and felt disconnected from their land and ancestors, as a result of the evictions [128]. It affirmed that were violations of the African Charter by the State of Kenya, [129] and it also maintained that land rights of Endorois peoples had been violated [130] such as their cultural rights [131] and their rights to natural resources in contravention of Article 21 of the African Charter [132].

In the most recent and perhaps the only case on the rights of indigenous peoples to be decided by a Regional Court in Africa as the time of writing—the case of the African Commission on Human and Peoples' Rights v The Republic of Kenya (Ogiek case) [133]—before the African Court, the Ogieks of the Mau Forests of Kenya, claimed that they are an indigenous minority ethnic group [134]. The Applicant alleged several instances of the violations of their land rights by the Kenyan Government [135]. In a provisional ruling, the African Court ordered the respondents to refrain from further violations of the land rights of the Ogieks until the determination of the substantive suit [136].

In its final judgement on this case [137], the African Court referred to Article 26 of UNDRIP and held that the rights enshrined therein are variable and inclusive of the rights of IPs to land as equally safeguarded under Article 14 of the African Charter [138] among other relevant provisions. It would therefore appear as

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

ICESCR through the enactment and reforms of domestic laws.

to the land rights of Endorois peoples [101]. Kenya was thus encouraged to respect that decision of the African Commission and to also ratify the International Labour organisation Convention on Indigenous and Tribal Peoples 1989 (ILO 169) [102]. The CESCR also observed that there was no sufficient legislation in Kenya that seeks to tackle discrimination in line with Article 2 of the ICESCR. It then encouraged Kenya to adopt legislation that expressly prohibits discrimination in all its forms [103]. It also lamented on the continuous threat of eviction of IPs such as pastoralist communities in Kenya without adequate legal remedies [104]. Consequently, it suggested that Kenya should adopt legislations providing safeguards for the tenure right of various IPs communities in Kenya [105]. It would appear that the emphasis on legislative reforms in Kenya by the CESCR is an indication that a lot of reliance is placed upon States to put into effect the provisions of the

This should be the position in Nigeria as well in relation to land rights of the IPs of Abuja. As at the time of writing, the last Concluding Observation on Nigeria by the ICESCR is the one made in 1998 [106], in it the CESCR merely condemned the lack of rule of law in Nigeria and noted that this was negatively impacting on the enjoyment of economic, social and cultural rights under the ICESCR [107]. In an earlier document [108], the CESCR observed that there had been numerous incidences of forced evictions of people across Nigeria from their homes [109]. It particularly lamented about the problematic issues about land and resource rights of minorities and IPs living in the oil-producing areas of Nigeria whose lands were being polluted by the exploitation of oil, and encouraged Nigeria about the need to protect the rights of Ogoni people [110]. The relevance of the African Charter in safeguarding the land rights of IPs in African will be considered in Section 6.

**6. The role of the African charter in protecting land rights of IPs in** 

the international regime on human rights [115].

All the analyses above relate to the position of the law in the context of international human rights treaties. The main objective in this section is to examine the main African human rights instrument in the context of protecting land rights of IPs in Africa. Indeed, as the African Charter has been celebrated as an international human rights instrument made by Africans for Africans, it is important to examine the relevance of its provisions to land rights of IPs in Africa and the case study of Abuja [111]. According to the Constitutive Act of the African Union (AU Constitutive Act) [112], one of the main objectives of the African Union (AU) is to encourage international cooperation amongst African States by respecting the UN international human rights norms and the African Charter. It would then appear that the AU intends to use the African Charter as the over-arching framework for the promotion and protection of human rights in Africa [113]. The African Charter has been celebrated as an instrument that uniquely maintains a balance between collective rights of peoples and individual rights [114]. It also appears the focus on collective rights under the African Charter is intended to introduce an African dimension of human rights into

Like its counterparts in other continents of the world, the African Commission has expressed its views on the human rights implications of protecting or violating the land rights of IPs in the context of Africa [116]. For example, in one of its Report on IPs [117], the African Commission expressly admitted that rights to land and natural resources are very important to the existence and survival of IPs [118]. It maintained that such rights are protected under Articles 20 (right to existence), 21 (right to freely dispose of their wealth and natural resources), and 22 (right to

**12**

**Africa**

though, the African Court did not have trouble in holding that by evicting the Ogiek from their ancestral lands against their will, the respondent State (Kenya) had violated their rights to land as guaranteed by Article 14 of the African Charter and Article 26 of the UNDRIP [139].

It was the conclusion of the African Court that the Respondent State of Kenya had also in violated Article 1 of the African Charter which demands that State Parties to the Charter must protect and recognise all the freedoms and rights protected therein through the adoption of relevant legislations to bring those right into effect in their domestic jurisdiction [140]. The implication of this legally binding decision of the African Court illustrates the significance of the African Charter in protecting land right of IPs in Africa. It would therefore be legitimate to conclude on the basis of the above decision by the African Court that there is an emergent regional General Principle of International Law (GPIL) in the context of the African Charter, in which rights of IPs and in the context of this chapter, their rights to land should be respected and protected by African States. Therefore, the need for a viable relationship between international law and national is obvious if States are to be in compliance of their international human rights obligations.

#### **7. Conclusions**

This chapter has examined the role and relevance of international human rights treaties and the African Charter in protecting land rights of IPs in Africa, through a comparative study of Nigeria and Kenya. It has demonstrated that the recent decision of the African Court in the Ogiek case, illustrates that land rights of IPs are germane human rights issues in the African context and certainly come within the purview of the African Charter and the international human rights treaties examined in this chapter. This is the first legally binding judicial decision by an international court on the rights of IPs in Africa. In this context, the decision of the African Court finally lays to rest the debates about whether there are IPs in Africa. The African Court has now legally affirmed the existence of IPs in Africa by crystallising the earlier decisions of the African Commission on IPs. This also signifies that there is now an emergent general principle of international law in the context of the African Charter in which rights of IPs and in the context of this chapter land rights should be respected and protected in Africa. State Parties to the African Charter are bound by the decision of the African Court and must now put in place appropriate legislative and policy measures to ensure that IPs' land rights are effectively protected and recognised by States. Credit must be giving to the Minority Right Group International which has been at the fore-front of promoting and championing the rights of IPs and minorities in Africa for pursuing and prosecuting the Ogiek case to the point of obtaining a favourable judgement. It is hoped that with this decision, African States would begin to take the rights of minorities and IPs within their jurisdiction more seriously.

Perhaps, more efforts could be made towards ensuring a viable relationship between the national laws of African States and international human rights law. This point is buttressed by the case study of Abuja which demonstrates that the Nigerian Constitution and the Nigerian FCT Act are clearly in conflict with the three international human rights treaties and the African Charter examined in this chapter in relation to the violation of the land rights of Abuja peoples. If Nigeria must respect its international human rights obligations, it would have to amend its Constitution and the FCT Act to accommodate and recognise the land rights of Abuja peoples.

One possible avenue for Nigeria to resolve the legal challenges posed by the case study of Abuja introduced in Section 2.2, is to embark on the kind of constitutional reforms that have taken place in Kenya in relation to how the Kenyan Constitution

**15**

**Author details**

**Acknowledgements**

University in 2017 [141].

**Conflict of interest**

Sylvanus Barnabas

provided the original work is properly cited.

Nile University of Nigeria, Abuja, Nigeria

\*Address all correspondence to: mailsylvanus@gmail.com

The author of this chapter declares no conflict of interest.

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium,

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria…*

have departed from the previous dualist approach to international law. It would therefore seem logical to suggest that Section 12 (1) of the Nigerian Constitution ought to be amended to make all international treaties signed and ratified by Nigeria part of the laws of Nigeria. This will then easily lead to harmonisation of Nigeria's domestic laws with the international human rights treaties examined in Sections 3–5 of this chapter. The current situation wherein Nigeria has signed and ratified the three international human rights treaties discussed in Sections 3–5, but those treaties cannot have the force of law in Nigeria until they are enacted as domestic laws is obsolete. Nigeria now needs to adopt the new approach under the Kenyan Constitution 2010 in order for it to be in compliance with its international human rights treaties obligations. It is hoped that such constitutional reforms may help in resolving the legal challenges demonstrated through the case study of Abuja in Section 2.2.

In conclusion, it has to be acknowledged that the success of law or constitutional reforms in one country does not necessarily mean that such reforms could be automatically transplanted with success in another country. Nigeria has a bigger population and is more diverse ethnically than Kenya. Therefore, the differences in political orientations of the diverse ethnic groups in Nigeria may make it more cumbersome for Nigeria to adopt similar constitutional law reforms as has taken place in Kenya. Indeed, there are always different social, political and economic circumstances in all countries that do have an influence on the development and evolution of the law. This naturally makes the transplantation of law reforms from one country to another very challenging. Despite this general reality, there is actually no known social, economic, political or legal factor or factors that should prevent Nigeria from making similar constitutional reforms, in terms of adopting a more positive approach that allows all international treaties signed and ratified by Nigeria to have the force of law within Nigeria.

The constructive feedback of Professor Susan Farran, Professor Rhona Smith,

Dr. David McGrogan and editorial reviewer are hereby acknowledged. This chapter is largely gleaned from the author's PhD thesis submitted to Northumbria

*DOI: http://dx.doi.org/10.5772/intechopen.85823*

#### *The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria… DOI: http://dx.doi.org/10.5772/intechopen.85823*

have departed from the previous dualist approach to international law. It would therefore seem logical to suggest that Section 12 (1) of the Nigerian Constitution ought to be amended to make all international treaties signed and ratified by Nigeria part of the laws of Nigeria. This will then easily lead to harmonisation of Nigeria's domestic laws with the international human rights treaties examined in Sections 3–5 of this chapter. The current situation wherein Nigeria has signed and ratified the three international human rights treaties discussed in Sections 3–5, but those treaties cannot have the force of law in Nigeria until they are enacted as domestic laws is obsolete. Nigeria now needs to adopt the new approach under the Kenyan Constitution 2010 in order for it to be in compliance with its international human rights treaties obligations. It is hoped that such constitutional reforms may help in resolving the legal challenges demonstrated through the case study of Abuja in Section 2.2.

In conclusion, it has to be acknowledged that the success of law or constitutional reforms in one country does not necessarily mean that such reforms could be automatically transplanted with success in another country. Nigeria has a bigger population and is more diverse ethnically than Kenya. Therefore, the differences in political orientations of the diverse ethnic groups in Nigeria may make it more cumbersome for Nigeria to adopt similar constitutional law reforms as has taken place in Kenya.

Indeed, there are always different social, political and economic circumstances in all countries that do have an influence on the development and evolution of the law. This naturally makes the transplantation of law reforms from one country to another very challenging. Despite this general reality, there is actually no known social, economic, political or legal factor or factors that should prevent Nigeria from making similar constitutional reforms, in terms of adopting a more positive approach that allows all international treaties signed and ratified by Nigeria to have the force of law within Nigeria.

#### **Acknowledgements**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

Article 26 of the UNDRIP [139].

**7. Conclusions**

though, the African Court did not have trouble in holding that by evicting the Ogiek from their ancestral lands against their will, the respondent State (Kenya) had violated their rights to land as guaranteed by Article 14 of the African Charter and

It was the conclusion of the African Court that the Respondent State of Kenya had also in violated Article 1 of the African Charter which demands that State Parties to the Charter must protect and recognise all the freedoms and rights protected therein through the adoption of relevant legislations to bring those right into effect in their domestic jurisdiction [140]. The implication of this legally binding decision of the African Court illustrates the significance of the African Charter in protecting land right of IPs in Africa. It would therefore be legitimate to conclude on the basis of the above decision by the African Court that there is an emergent regional General Principle of International Law (GPIL) in the context of the

African Charter, in which rights of IPs and in the context of this chapter, their rights to land should be respected and protected by African States. Therefore, the need for a viable relationship between international law and national is obvious if States are

This chapter has examined the role and relevance of international human rights treaties and the African Charter in protecting land rights of IPs in Africa, through a comparative study of Nigeria and Kenya. It has demonstrated that the recent decision of the African Court in the Ogiek case, illustrates that land rights of IPs are germane human rights issues in the African context and certainly come within the purview of the African Charter and the international human rights treaties examined in this chapter. This is the first legally binding judicial decision by an international court on the rights of IPs in Africa. In this context, the decision of the African Court finally lays to rest the debates about whether there are IPs in Africa. The African Court has now legally affirmed the existence of IPs in Africa by crystallising the earlier decisions of the African Commission on IPs. This also signifies that there is now an emergent general principle of international law in the context of the African Charter in which rights of IPs and in the context of this chapter land rights should be respected and protected in Africa. State Parties to the African Charter are bound by the decision of the African Court and must now put in place appropriate legislative and policy measures to ensure that IPs' land rights are effectively protected and recognised by States. Credit must be giving to the Minority Right Group International which has been at the fore-front of promoting and championing the rights of IPs and minorities in Africa for pursuing and prosecuting the Ogiek case to the point of obtaining a favourable judgement. It is hoped that with this decision, African States would begin to take the rights of minorities and IPs within their jurisdiction more seriously. Perhaps, more efforts could be made towards ensuring a viable relationship between the national laws of African States and international human rights law. This point is buttressed by the case study of Abuja which demonstrates that the Nigerian Constitution and the Nigerian FCT Act are clearly in conflict with the three international human rights treaties and the African Charter examined in this chapter in relation to the violation of the land rights of Abuja peoples. If Nigeria must respect its international human rights obligations, it would have to amend its Constitution and the FCT Act to accommodate and recognise the land rights of Abuja peoples. One possible avenue for Nigeria to resolve the legal challenges posed by the case study of Abuja introduced in Section 2.2, is to embark on the kind of constitutional reforms that have taken place in Kenya in relation to how the Kenyan Constitution

to be in compliance of their international human rights obligations.

**14**

The constructive feedback of Professor Susan Farran, Professor Rhona Smith, Dr. David McGrogan and editorial reviewer are hereby acknowledged. This chapter is largely gleaned from the author's PhD thesis submitted to Northumbria University in 2017 [141].

#### **Conflict of interest**

The author of this chapter declares no conflict of interest.

#### **Author details**

Sylvanus Barnabas Nile University of Nigeria, Abuja, Nigeria

\*Address all correspondence to: mailsylvanus@gmail.com

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

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[53] CERD, Concluding Observations of the Committee on the Elimination of Racial Discrimination—Kenya, 14 September 2011, CERD/C/KEN/CO/1-4

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[42] Franck TM, Thiruvengadam AK. International law and constitution-

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[43] Munene AW. The bill of rights and constitutional order: A Kenyan perspective. African human Rights Law

[44] Orago NW. Supra (n 45). p. 13:415

[45] Makoloo MO. Kenya: Minorities, Indigenous Peoples and Ethnic Diversity. London: Minority Rights Groups International (MRG); 2005

[46] International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965, adopted and opened for signature and ratification by GA Resolution 2106 (XX) of 21 December 1965, entered into force on 4 January 1969, in accordance with

[47] Committee on the Elimination of Racial Discrimination (CERD), Diop v France (2/1989) Communication of 10 May 1991, CERD/C/39/D/2/1989

[48] CERD, Report of the Committee

[49] Xanthaki A. Indigenous rights in international law over the last 10 years and future developments. Melbourne Journal of International Law.

[50] Thornberry P. Confronting racial discrimination: A CERD

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[62] HRC, Aerela and Nakkalajarvi v Finland, (779/1997), Communication of 24 October 2001, CCPR/73/D/779/1997

[63] HRC, General Comment No 3: The rights of minorities (art 27) 26 April 1994, CCPR/C/21/Rev.1/Add.5

[64] HRC, General Comment No 3: The rights of minorities (art 27) 26 April 1994, CCPR/C/21/Rev.1/Add.5, para. 7

[65] HRC, Lubicon Lake Band v Canada, (167/1984), A/45/40, Vol II

[66] Mahuika A et al. v New Zealand, Case 547/1993, view of October 2000

[67] HRC, Sandra Lovelace v Canada, (24/1977), Communication on Canada 30th July 1981, CCPR/C/13/D/24/1977

[68] HRC, Concluding Observations, adopted by the Human Rights Committee at its one hundred and fifth session, 9-27 July 2012 (Kenya), 31 August 2012, CCPR/C/KEN/CO/3

[69] HRC, Concluding Observations, adopted by the Human Rights Committee at its one hundred and fifth session, 9-27 July 2012 (Kenya), 31 August 2012, CCPR/C/KEN/CO/3, para. 3 (a)

[70] HRC, Concluding Observations, adopted by the Human Rights Committee at its one hundred and fifth session, 9-27 July 2012 (Kenya), 31 August 2012, CCPR/C/KEN/CO/3, para. 5

[71] HRC, Concluding observations of the Human Rights Committee (Kenya), 29 April 2005 CCPR/CO/83/KEN, at para. 22

[72] HRC, supra 85 at para. 5

[73] HRC, supra 85 at para. 24

[74] HRC, Concluding Observation of the Human Rights Committee (Nigeria), 24 July 1996, CCPR/C/79/Add. 65

[75] HRC, Concluding Observation of the Human Rights Committee (Nigeria), 24 July 1996, CCPR/C/79/ Add, para. 28

[76] HRC, Concluding Observation of the Human Rights Committee (Nigeria), 24 July 1996, CCPR/C/79/Add, para. 37

[77] HRC, Aerela and Nakkalajarvi v Finland, supra (n 81)

[78] HRC, Lubicon Lake Band v Canada supra (n 86)

[79] HRC, Sandra Lovelace v Canada, Communication No. 24/1977: Canada 30/07/81, UN Doc. CCPR/C/13/D/24/1977

[80] HRC, Ángela Poma Poma v Peru (1457/2006) CCPR/C/95/D/1457/2006 at para. 7.7

[81] The FCT Resettlement, Integration and Development Commission And for Related Matters Bill 2016 (HB 513) sponsored by Hon. Zaphania Jisalo. Available at: <www.nassnig.org/ document/download/8074> [Accessed: 23 October 2016]

[82] International Covenant on Economic, Social and Cultural Rights 1966, adopted and opened for signature, ratification and accession by GA Resolution 2200A (XXI) of 16 December 1966, entered into Force 3 January 1976, in accordance with its Article 27

[83] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at para. 1

[84] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at para. 7

[85] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at paras. 10, 11 and 12

[86] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at para. 13

[87] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at para. 19

[88] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at paras. 32, 33 and 36

[89] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at para. 36

[90] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic,

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[91] CESCR, General Comment No 13 (1990), paras. 46 and 47; No 14 (2000), para. 33, No 17 (2005), para. 28 and No 18 (2005), para. 22

[92] Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights, para. 6

[93] CESCR, General Comment No. 20: Non-discrimination in Economic, Social and Cultural Rights (Art 2 para 2, of the International Covenant on Economic, Social and Cultural Rights), 2 July 2009, E/C.12/GC/20 at para. 7

[94] CESCR, General Comment No. 20: Non-discrimination in Economic, Social and Cultural Rights (Art 2 para 2, of the International Covenant on Economic, Social and Cultural Rights), 2 July 2009, E/C.12/GC/20 at para. 8

[95] CESCR, General Comment No. 20: Non-discrimination in Economic, Social and Cultural Rights (Art 2 para 2, of the International Covenant on Economic, Social and Cultural Rights), 2 July 2009, E/C.12/GC/20 at para. 19

[96] See section 36 of the LUA 1978 supra (n 32)

[97] CESCR, General Comment No 3: The Nature of States Parties Obligations, UN Doc. E/1991 23, 14 December 1990 at para. 10. See also, CESCR, General Comment No 14: The Right to the Highest Attainable Standard of Health (Article 12 of the International Covenant on Economic, Social and Cultural Rights), twenty second session, agenda item 3, 11 August 2000, E/C.12/2000/4 at paras. 43 and 47

[98] Vienna Convention on the Law of Treaties 1969, concluded at Vienna on 23 May 1969, entered into force 27 January 1980

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[110] CESCR, Consideration of Reports: Initial Report of Nigeria, 4 May 1998, E/C.12/1998/SR.8, paras. 13, 16

[111] Chongwe R. African charter on human and peoples' rights. Commonwealth Law Bulletin.

[112] Constitutive Act of the African Union, adopted in 2000 at Lomé, Togo,

[113] Baimu E. The African union: Hope for better protection of human rights in Africa. African Human Rights Law

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[114] Umozurike UO. The African charter on human and peoples' rights. The American Journal of International

[115] African Commission on Human and Peoples Rights (ACHPR) and International Work Group on Indigenous Affairs (IWGIA). Report of the African Commission's Working Group of Experts on Indigenous Populations/Communities

(ACHPR and IWGIA, 2005) at 72

[116] van Genugten W. The African move towards the adoption of the 2007 declaration on the rights of indigenous peoples: The substantive arguments behind the procedures. The American Journal of International Law.

[117] ACHPR and IWGIA, supra (n 155)

[118] ACHPR and IWGIA, supra (n 21)

[119] African Commission, Advisory Opinion, adopted at its forty first ordinary session held 16-30 May 2007 in

[120] ACHPR and IWGIA, supra (n 145),

[121] ACHPR and IWGIA, supra (n 145),

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[99] CESCR, Draft General Comment No 9: The Domestic Application of the Covenant, (3 December 1998)

[100] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016.

[101] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016.

[102] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016. E/C.12/KEN/CO/2-5, paras. 15, 16

[103] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016. E/C.12/KEN/CO/2-5, paras. 19, 20

[104] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016.

[105] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016.

[106] CESCR, Concluding Observations of the Committee on Economic, Social and Cultural Rights—Nigeria, 16 June

[107] CESCR, Concluding Observations of the Committee on Economic, Social and Cultural Rights—Nigeria, 16 June

[108] CESCR, Consideration of Reports: Initial Report of Nigeria, 4 May 1998,

[109] CESCR, Consideration of Reports: Initial Report of Nigeria, 4 May 1998,

E/C.12/KEN/CO/2-5, para. 47

E/C.12/KEN/CO/2-5, para. 48

1998, E/C.12/1/Add.23, para. 3

1998, E/C.12/1/Add.23

E/C.12/1998/SR.8

E/C.12/1998/SR.8, para. 7

E/C.12/1998/24, para. 3

E/C.12/KEN/CO/2-5

E/C.12/KEN/CO/2-5, para. 3

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[99] CESCR, Draft General Comment No 9: The Domestic Application of the Covenant, (3 December 1998) E/C.12/1998/24, para. 3

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

Social and Cultural Rights), 21 December

[91] CESCR, General Comment No 13 (1990), paras. 46 and 47; No 14 (2000), para. 33, No 17 (2005), para. 28 and No

[93] CESCR, General Comment No. 20: Non-discrimination in Economic, Social and Cultural Rights (Art 2 para 2, of the International Covenant on Economic, Social and Cultural Rights), 2 July 2009,

[94] CESCR, General Comment No. 20: Non-discrimination in Economic, Social and Cultural Rights (Art 2 para 2, of the International Covenant on Economic, Social and Cultural Rights), 2 July 2009,

[95] CESCR, General Comment No. 20: Non-discrimination in Economic, Social and Cultural Rights (Art 2 para 2, of the International Covenant on Economic, Social and Cultural Rights), 2 July 2009,

[96] See section 36 of the LUA 1978

[97] CESCR, General Comment No 3: The Nature of States Parties Obligations, UN Doc. E/1991 23, 14 December 1990 at para. 10. See also, CESCR, General Comment No 14: The Right to the Highest Attainable Standard of Health (Article 12 of the International Covenant on Economic, Social and Cultural Rights), twenty second session, agenda item 3, 11 August 2000, E/C.12/2000/4 at paras. 43 and 47

[98] Vienna Convention on the Law of Treaties 1969, concluded at Vienna on 23 May 1969, entered into force 27 January

2009. E/C.12/GC/21, at para. 48

[92] Limburg Principles on the Implementation of the International Covenant on Economic, Social and

18 (2005), para. 22

Cultural Rights, para. 6

E/C.12/GC/20 at para. 7

E/C.12/GC/20 at para. 8

E/C.12/GC/20 at para. 19

supra (n 32)

1980

[83] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21

December 2009. E/C.12/GC/21, at para. 1

[84] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21

December 2009. E/C.12/GC/21, at para. 7

[85] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at paras. 10, 11 and 12

[86] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December

[87] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December

[88] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December 2009. E/C.12/GC/21, at paras. 32, 33 and 36

[89] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic, Social and Cultural Rights), 21 December

[90] CESCR, General Comment No. 21: Right of everyone to take part in cultural life (Art 15 para 1 (a), of the International Covenant on Economic,

2009. E/C.12/GC/21, at para. 36

2009. E/C.12/GC/21, at para. 13

2009. E/C.12/GC/21, at para. 19

**20**

[100] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016. E/C.12/KEN/CO/2-5

[101] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016. E/C.12/KEN/CO/2-5, para. 3

[102] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016. E/C.12/KEN/CO/2-5, paras. 15, 16

[103] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016. E/C.12/KEN/CO/2-5, paras. 19, 20

[104] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016. E/C.12/KEN/CO/2-5, para. 47

[105] CESCR, Concluding Observations on the Combined Second to fifth Periodic Reports of Kenya, 6 April 2016. E/C.12/KEN/CO/2-5, para. 48

[106] CESCR, Concluding Observations of the Committee on Economic, Social and Cultural Rights—Nigeria, 16 June 1998, E/C.12/1/Add.23

[107] CESCR, Concluding Observations of the Committee on Economic, Social and Cultural Rights—Nigeria, 16 June 1998, E/C.12/1/Add.23, para. 3

[108] CESCR, Consideration of Reports: Initial Report of Nigeria, 4 May 1998, E/C.12/1998/SR.8

[109] CESCR, Consideration of Reports: Initial Report of Nigeria, 4 May 1998, E/C.12/1998/SR.8, para. 7

[110] CESCR, Consideration of Reports: Initial Report of Nigeria, 4 May 1998, E/C.12/1998/SR.8, paras. 13, 16

[111] Chongwe R. African charter on human and peoples' rights. Commonwealth Law Bulletin. 1987;**13**:1605

[112] Constitutive Act of the African Union, adopted in 2000 at Lomé, Togo, entered into force in 2001

[113] Baimu E. The African union: Hope for better protection of human rights in Africa. African Human Rights Law Journal. 2001;**1**(299):311

[114] Umozurike UO. The African charter on human and peoples' rights. The American Journal of International Law. 1983;**77**:902

[115] African Commission on Human and Peoples Rights (ACHPR) and International Work Group on Indigenous Affairs (IWGIA). Report of the African Commission's Working Group of Experts on Indigenous Populations/Communities (ACHPR and IWGIA, 2005) at 72

[116] van Genugten W. The African move towards the adoption of the 2007 declaration on the rights of indigenous peoples: The substantive arguments behind the procedures. The American Journal of International Law. 2010;**104**:29-65

[117] ACHPR and IWGIA, supra (n 155)

[118] ACHPR and IWGIA, supra (n 21)

[119] African Commission, Advisory Opinion, adopted at its forty first ordinary session held 16-30 May 2007 in Accra, Ghana

[120] ACHPR and IWGIA, supra (n 145), pp. 77-78

[121] ACHPR and IWGIA, supra (n 145), p. 77

[122] Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria. Application No. 155/96

[123] Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria. Application No. 155/96, para. 58

[124] Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria. Application No. 155/96, paras. 60 and 62

[125] Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria. Application No. 155/96., para. 68

[126] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application No. 276/03

[127] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application No. 276/03, para. 2

[128] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application No. 276/03, para. 156

[129] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application No. 276/03, para. 162

[130] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application No. 276/03, para. 238

[131] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application No. 276/03, paras. 241-251

[132] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application No. 276/03, paras. 268 and 298

[133] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. This case emanated from the African Commission but was referred to the African Court

[134] Case Summary African Commission on Human and Peoples' Rights v the Republic of Kenya Application No. 006/2012. Available from: http://en.african-court.org/ images/Cases/Case%20Summaries/ APPLICATION\_006\_OF\_2012\_CASE\_ SUMMARY.pdf, at para. 1, [Accessed: 12 March 2019]

[135] Case Summary African Commission on Human and Peoples' Rights v the Republic of Kenya Application No. 006/2012. Available from: http://en.african-court.org/ images/Cases/Case%20Summaries/ APPLICATION\_006\_OF\_2012\_CASE\_ SUMMARY.pdf, at para. 1, [Accessed: 12 March 2019], para. 8 (f)

[136] Order of Provincial Measures, In the Matter of African Commission on Human and Peoples' Rights V the Republic of Kenya Application No. 006/2012. Available from: http:// en.african-court.org/images/Cases/ Orders/006-2012-ORDER\_\_of\_ Provisional\_Measures-\_African\_ Union\_v.\_Kenya.pdf, at para. 25 [Accessed: 12 March 2019]

[137] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. Available from: http://en.africancourt.org/images/Cases/Judgment/

**23**

*The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria…*

*DOI: http://dx.doi.org/10.5772/intechopen.85823*

Application%20006-2012%20-%20 African%20Commission%20on%20 Human%20and%20Peoples'%20 Rights%20v.%20the%20Republic%20 of%20Kenya.pdf [Accessed: 12 March

[138] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. Available from: http://en.africancourt.org/images/Cases/Judgment/ Application%20006-2012%20-%20 African%20Commission%20on%20 Human%20and%20Peoples'%20 Rights%20v.%20the%20Republic%20 of%20Kenya.pdf [Accessed: 12 March

[139] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. Available from: http://en.africancourt.org/images/Cases/Judgment/ Application%20006-2012%20-%20 African%20Commission%20on%20 Human%20and%20Peoples'%20 Rights%20v.%20the%20Republic%20 of%20Kenya.pdf [Accessed: 12 March

[140] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. Available from: http://en.africancourt.org/images/Cases/Judgment/ Application%20006-2012%20-%20 African%20Commission%20on%20 Human%20and%20Peoples'%20 Rights%20v.%20the%20Republic%20 of%20Kenya.pdf [Accessed: 12 March

2019]

2019], para. 127

2019], paras. 131-146

2019], paras. 214-215

12 February 2019

[141] Barnabas S. The role of international law in determining land rights of indigenous peoples: The case study of Abuja Nigeria and a comparative analysis with Kenya [doctoral thesis]. Northumbria University; 2017. Available at: http:// nrl.northumbria.ac.uk/32544/1/ barnabus.sylvanus\_phd.pdf Accessed: *The Role of International Law in Protecting Land Rights of Indigenous Peoples in Nigeria… DOI: http://dx.doi.org/10.5772/intechopen.85823*

Application%20006-2012%20-%20 African%20Commission%20on%20 Human%20and%20Peoples'%20 Rights%20v.%20the%20Republic%20 of%20Kenya.pdf [Accessed: 12 March 2019]

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application

No. 276/03, paras. 241-251

[132] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application

No. 276/03, paras. 268 and 298

[134] Case Summary African

[135] Case Summary African

March 2019], para. 8 (f)

Commission on Human and Peoples' Rights v the Republic of Kenya Application No. 006/2012. Available from: http://en.african-court.org/ images/Cases/Case%20Summaries/ APPLICATION\_006\_OF\_2012\_CASE\_ SUMMARY.pdf, at para. 1, [Accessed: 12

[136] Order of Provincial Measures, In the Matter of African Commission on Human and Peoples' Rights V the Republic of Kenya Application No. 006/2012. Available from: http:// en.african-court.org/images/Cases/ Orders/006-2012-ORDER\_\_of\_ Provisional\_Measures-\_African\_ Union\_v.\_Kenya.pdf, at para. 25 [Accessed: 12 March 2019]

[137] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. Available from: http://en.africancourt.org/images/Cases/Judgment/

African Court

March 2019]

[133] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. This case emanated from the African Commission but was referred to the

Commission on Human and Peoples' Rights v the Republic of Kenya Application No. 006/2012. Available from: http://en.african-court.org/ images/Cases/Case%20Summaries/ APPLICATION\_006\_OF\_2012\_CASE\_ SUMMARY.pdf, at para. 1, [Accessed: 12

[122] Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria. Application No. 155/96

[123] Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria. Application No. 155/96, para. 58

[124] Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria. Application No. 155/96, paras.

[125] Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria. Application No. 155/96., para. 68

[126] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application

[127] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application

[128] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application

[129] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application

[130] Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya. Application

[131] Centre for Minority Rights Development (Kenya) and Minority

60 and 62

No. 276/03

No. 276/03, para. 2

No. 276/03, para. 156

No. 276/03, para. 162

No. 276/03, para. 238

**22**

[138] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. Available from: http://en.africancourt.org/images/Cases/Judgment/ Application%20006-2012%20-%20 African%20Commission%20on%20 Human%20and%20Peoples'%20 Rights%20v.%20the%20Republic%20 of%20Kenya.pdf [Accessed: 12 March 2019], para. 127

[139] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. Available from: http://en.africancourt.org/images/Cases/Judgment/ Application%20006-2012%20-%20 African%20Commission%20on%20 Human%20and%20Peoples'%20 Rights%20v.%20the%20Republic%20 of%20Kenya.pdf [Accessed: 12 March 2019], paras. 131-146

[140] African Commission on Human and Peoples' Rights v The Republic of Kenya. Application No. 006/2012. Available from: http://en.africancourt.org/images/Cases/Judgment/ Application%20006-2012%20-%20 African%20Commission%20on%20 Human%20and%20Peoples'%20 Rights%20v.%20the%20Republic%20 of%20Kenya.pdf [Accessed: 12 March 2019], paras. 214-215

[141] Barnabas S. The role of international law in determining land rights of indigenous peoples: The case study of Abuja Nigeria and a comparative analysis with Kenya [doctoral thesis]. Northumbria University; 2017. Available at: http:// nrl.northumbria.ac.uk/32544/1/ barnabus.sylvanus\_phd.pdf Accessed: 12 February 2019

**25**

**Chapter 2**

**Abstract**

African Fiction

*Maurice Taonezvzi Vambe*

the most hostile circumstances.

Johannesburg

**1. Introduction**

Stories of Milk, Honey and Bile:

Representing Diasporic African

This chapter explores representations of diasporic black African foreigners' identities in David Mutasa's novel, *Nyambo Dze Joni* (*Stories from Johannesburg*) (2000), and in *Welcome to Our Hillbrow* (1999), written by the South African author, Phaswane Mpe. The two novels expose the hypocrisy of the South African officials and masses who scapegoat African black foreigners for crimes ranging from snatching of local jobs, taking local girls and drug peddling. For most African black foreigners and some local black South African citizens, diasporic experience in the new nation is a paradoxical physical space and spiritual experience in which stories of milk, honey and bitter bile might be authorised to capture the fact of being doubled as both potential subject and citizen. Despite experiencing bare lives characterised by nervousness and precarities, most black African foreigners in Johannesburg or Joni command, recall and deploy multiple identities whenever required to confront the ugly underbelly of the physical and verbal violence of xenophobia. Thus, an irony inherent in African diasporic experiences is that most black foreigners appear to retain some semblance of humanity and organise their worlds relatively creatively, and becoming successful by immigrants' standards, in

**Keywords:** African, black, foreigners, diasporic experiences, diaspora, xenophobia,

The ambiguity at the core of the meaning of the term diaspora is captured in the characterisation of the post-apartheid space as one redolent with stories of milk, honey and bile ([2], p. 41). The influx of migrants from different countries of the continent into Johannesburg in particular and South Africa in general are whetted by descriptions of the new South Africa as the rainbow nation whose perception of itself and the promise of an interactive conduct with African foreigners would be based on the dispersed ideology of Ubuntuism. The diasporic journeys enacted at both the physical and spiritual levels imply a crossing of physical and cultural boundaries from one African country towards an imagined South Africa, locally known as Egoli—the city/country of gold. However, when diaspora is understood as dispersal, this conjures images of marginality in the conflicted relationship between

Foreigner's Identities in South

#### **Chapter 2**

## Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities in South African Fiction

*Maurice Taonezvzi Vambe*

### **Abstract**

This chapter explores representations of diasporic black African foreigners' identities in David Mutasa's novel, *Nyambo Dze Joni* (*Stories from Johannesburg*) (2000), and in *Welcome to Our Hillbrow* (1999), written by the South African author, Phaswane Mpe. The two novels expose the hypocrisy of the South African officials and masses who scapegoat African black foreigners for crimes ranging from snatching of local jobs, taking local girls and drug peddling. For most African black foreigners and some local black South African citizens, diasporic experience in the new nation is a paradoxical physical space and spiritual experience in which stories of milk, honey and bitter bile might be authorised to capture the fact of being doubled as both potential subject and citizen. Despite experiencing bare lives characterised by nervousness and precarities, most black African foreigners in Johannesburg or Joni command, recall and deploy multiple identities whenever required to confront the ugly underbelly of the physical and verbal violence of xenophobia. Thus, an irony inherent in African diasporic experiences is that most black foreigners appear to retain some semblance of humanity and organise their worlds relatively creatively, and becoming successful by immigrants' standards, in the most hostile circumstances.

**Keywords:** African, black, foreigners, diasporic experiences, diaspora, xenophobia, Johannesburg

#### **1. Introduction**

The ambiguity at the core of the meaning of the term diaspora is captured in the characterisation of the post-apartheid space as one redolent with stories of milk, honey and bile ([2], p. 41). The influx of migrants from different countries of the continent into Johannesburg in particular and South Africa in general are whetted by descriptions of the new South Africa as the rainbow nation whose perception of itself and the promise of an interactive conduct with African foreigners would be based on the dispersed ideology of Ubuntuism. The diasporic journeys enacted at both the physical and spiritual levels imply a crossing of physical and cultural boundaries from one African country towards an imagined South Africa, locally known as Egoli—the city/country of gold. However, when diaspora is understood as dispersal, this conjures images of marginality in the conflicted relationship between

imagined foreigner and citizen, centre and periphery. Epistemic conditions that spur such migrations involve both push and pull factors from economic collapse of modern African states due to corruption, bad governance and perennial wars.

However, the response of South African black citizens to the influx by African foreigners might not result in a "hyped celebration of multiculturality" ([5], p. 25). Most South white and black South Africans seem to feel that their own experiences have not been a smooth or unproblematic consummation of a dream from slavery to freedom. As a result, African black foreigners have experienced confusing reactive ideologies of exclusionary discourses in which the trope of homelessness is an irony whose butt is the South African masses. Nevertheless, memories of the past that is being escaped and the present that is anticipated as a greener pasture are performed unevenly by individual migrants as well as groups of migrants, showing their capacity to command, recall, assume and deploy multiple identities of one's selves as and when they are required ([13], p. 52). In other words, black African foreign immigrants might be haunted by the ambivalences of occupying their pain in new spaces. However, they often maintain ties with kinship and build strong networks with their families at home through communication and remittances. This provides an added leveraging, although a situation of ambiguous relationship might also exist between migrants and those left at home.

The crux or problematics of diaspora as a form of alienation arise when, sometimes, African foreigners expect South African citizens to understand why immigrants are in South Africa. Black foreigners might view South African citizens as being unreasonable when they show signs of not wanting to share what foreigners feel they are entitled to by virtue of having kept and fed South Africans in their countries during South African people's struggle against apartheid. At the same time, South African citizens might start to consider also as unreasonable the continued influx of African migrants whom they believe have ruined their own countries and thus have come to displace them, hardly before the citizens have enjoyed the fruits of their struggle. The mnemonic topographies of African diasporic immigrants are manifested through senses of perpetual perplexity and positive embarrassment. On one hand the country of origin is connoted as tyrannical for its perceived disregard of its citizens, now viewed as vagabonds and denizens by local citizens who appear to have little if any respect of the visitors ([5], p. 26). On the other hand, diasporic experiences are not lived by African foreigners in a similar way even by migrants from the same country, let alone, by immigrants from different African countries. Thus, the traumas of diaspora as dispersion might manifest on the body of African foreigners as a site of conflicting memories. Trauma may scatter immigrants throughout South Africa and make them appear as vermin. However, displacement triggered by home politics might also mobilise the energies of immigrants to form communities in which new identities, habits and agencies are acquired and presented as success stories. These new stories enable immigrants to keep options open in such ways that can translate economic advantages and social positions gained in one political setting into political, social and economic capital in another context.

In South Africa, foreign African immigrants—whether educated or not, rich or poor, or coming from those who have escaped poverty and those who decided to use their skills voluntary in a new context—all have been described as *Makwerekwere*. This is a derogatory term meant to allude to people without a language, considered as outsiders and whose lives might not be viewed as grievable or worth worrying about. Diaspora, thus, is not a one-size fit all for hosts and guests and among guests. In this culturally volatile context, aspirations are not always fulfilled because host communities and guests foreigners continue to live just in the neighbourhood of their dreams. In this sense, diasporic communities might be understood as strange,

**27**

South African police.

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities…*

**2. Xenophobia and blackophobia in** *Nyambo Dze Joni*

contradictory stories of imagined milk, honey and bile.

incompatible and impure and thus court the calamity of *Othering*. However, othered black foreign communities might manipulate and harness the experiences of spiritual uprootment, to achieve African identities as both rooted in specific local

The ideological ambiguities outlined above are deftly depicted by David Mutasa's *Nyambo Dze Joni* [2] (*Stories from Johannesburg*), published in the Shona language of nearly three and a half million Zimbabwean immigrants within South Africa. In *Nyambo Dze Joni*, Tom is the main narrator who uses an epistolary form to register how Zimbabweans are despised by South African local citizens. Tom knows that he has escaped the tyrannical economic policies of Robert Mugabe in Zimbabwe. However, although he writes out of fear, he also appears to know that writing is a permanent archive of paradoxical memories and that the very act of narrating his stories is a form of cultural resistance that signatures the transgressions of physical and spiritual boundaries. In this sense, the novel demonstrates that the space of diaspora is contested as captured in the metaphorical phrase where one might tell

As portrayed in the novel, in South African official narratives of the political journey from apartheid to democracy, the role of black foreigners is minimised. What appears to be hidden from public view is the fact of African pain that people of the frontline states suffered from bombardment by agents of apartheid as political punishment for supporting black South African's quest for self-determination. In other words, discourses of reconciliation occurred between black South Africans and white South Africans, and this was not extended to African foreigners many of whom also remember the gratuitous violence performed by the apartheid government on their territories. Many African foreigners also remember sheltering black and white South African freedom fighters who were fighting apartheid from the military bases

provided by Tanzania, Mozambique, Zambia, Zimbabwe and Ethiopia [16]. To the black foreign immigrants' consternation, in the new South African political dispensation, African people who migrate from their countries for different reasons remain outsiders. The irony is that most white foreigners from Asia and Eastern European countries who also poured into South Africa are viewed as investors, while black Africans who are foreigners are considered as a social burden ([16], p. 68). This differential allocation of opportunities means that the humanity and dignity of black foreigners is subjected to the raw fact of violent invasive behaviour [9]. Under the government of Nelson Mandela, Thabo Mbeki, Jacob Zuma and Cyril Ramaphosa, black foreigners from Somalia, Zimbabwe, Mozambique, Nigeria and other African countries continue to be accused of taking jobs meant for black South Africans. African foreigners are viewed as throwaway people ([6], p. 211). The spirit of Ubuntu does not apply to African foreigners who are also accused of taking South African women. Violence on African foreigners occurs on the watch of

Furthermore, it appears as if the political leadership from both isles fear losing votes from South African citizens. Official voices against the persecution of African foreigners seem muted. Even the most raucous political leaders in South Africa's opposition parties such as the Economic Freedom Fighters [EFF] and Democratic Alliance [DA] rarely condemn in vociferously terms the mass murder of African foreigners or the looting of Somali-owned shops in the same way the same leaders have condemned the South African police and the ruling African National Congress for ordering the massacre of black South African workers at Marikana. Even most

*DOI: http://dx.doi.org/10.5772/intechopen.87245*

and transcendental geographies.

incompatible and impure and thus court the calamity of *Othering*. However, othered black foreign communities might manipulate and harness the experiences of spiritual uprootment, to achieve African identities as both rooted in specific local and transcendental geographies.

### **2. Xenophobia and blackophobia in** *Nyambo Dze Joni*

The ideological ambiguities outlined above are deftly depicted by David Mutasa's *Nyambo Dze Joni* [2] (*Stories from Johannesburg*), published in the Shona language of nearly three and a half million Zimbabwean immigrants within South Africa. In *Nyambo Dze Joni*, Tom is the main narrator who uses an epistolary form to register how Zimbabweans are despised by South African local citizens. Tom knows that he has escaped the tyrannical economic policies of Robert Mugabe in Zimbabwe. However, although he writes out of fear, he also appears to know that writing is a permanent archive of paradoxical memories and that the very act of narrating his stories is a form of cultural resistance that signatures the transgressions of physical and spiritual boundaries. In this sense, the novel demonstrates that the space of diaspora is contested as captured in the metaphorical phrase where one might tell contradictory stories of imagined milk, honey and bile.

As portrayed in the novel, in South African official narratives of the political journey from apartheid to democracy, the role of black foreigners is minimised. What appears to be hidden from public view is the fact of African pain that people of the frontline states suffered from bombardment by agents of apartheid as political punishment for supporting black South African's quest for self-determination. In other words, discourses of reconciliation occurred between black South Africans and white South Africans, and this was not extended to African foreigners many of whom also remember the gratuitous violence performed by the apartheid government on their territories. Many African foreigners also remember sheltering black and white South African freedom fighters who were fighting apartheid from the military bases provided by Tanzania, Mozambique, Zambia, Zimbabwe and Ethiopia [16].

To the black foreign immigrants' consternation, in the new South African political dispensation, African people who migrate from their countries for different reasons remain outsiders. The irony is that most white foreigners from Asia and Eastern European countries who also poured into South Africa are viewed as investors, while black Africans who are foreigners are considered as a social burden ([16], p. 68). This differential allocation of opportunities means that the humanity and dignity of black foreigners is subjected to the raw fact of violent invasive behaviour [9]. Under the government of Nelson Mandela, Thabo Mbeki, Jacob Zuma and Cyril Ramaphosa, black foreigners from Somalia, Zimbabwe, Mozambique, Nigeria and other African countries continue to be accused of taking jobs meant for black South Africans. African foreigners are viewed as throwaway people ([6], p. 211). The spirit of Ubuntu does not apply to African foreigners who are also accused of taking South African women. Violence on African foreigners occurs on the watch of South African police.

Furthermore, it appears as if the political leadership from both isles fear losing votes from South African citizens. Official voices against the persecution of African foreigners seem muted. Even the most raucous political leaders in South Africa's opposition parties such as the Economic Freedom Fighters [EFF] and Democratic Alliance [DA] rarely condemn in vociferously terms the mass murder of African foreigners or the looting of Somali-owned shops in the same way the same leaders have condemned the South African police and the ruling African National Congress for ordering the massacre of black South African workers at Marikana. Even most

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

exist between migrants and those left at home.

imagined foreigner and citizen, centre and periphery. Epistemic conditions that spur such migrations involve both push and pull factors from economic collapse of modern African states due to corruption, bad governance and perennial wars.

The crux or problematics of diaspora as a form of alienation arise when, sometimes, African foreigners expect South African citizens to understand why immigrants are in South Africa. Black foreigners might view South African citizens as being unreasonable when they show signs of not wanting to share what foreigners feel they are entitled to by virtue of having kept and fed South Africans in their countries during South African people's struggle against apartheid. At the same time, South African citizens might start to consider also as unreasonable the continued influx of African migrants whom they believe have ruined their own countries and thus have come to displace them, hardly before the citizens have enjoyed the fruits of their struggle. The mnemonic topographies of African diasporic immigrants are manifested through senses of perpetual perplexity and positive embarrassment. On one hand the country of origin is connoted as tyrannical for its perceived disregard of its citizens, now viewed as vagabonds and denizens by local citizens who appear to have little if any respect of the visitors ([5], p. 26). On the other hand, diasporic experiences are not lived by African foreigners in a similar way even by migrants from the same country, let alone, by immigrants from different African countries. Thus, the traumas of diaspora as dispersion might manifest on the body of African foreigners as a site of conflicting memories. Trauma may scatter immigrants throughout South Africa and make them appear as vermin. However, displacement triggered by home politics might also mobilise the energies of immigrants to form communities in which new identities, habits and agencies are acquired and presented as success stories. These new stories enable immigrants to keep options open in such ways that can translate economic advantages and social positions gained in one political setting into political, social and economic capital in

In South Africa, foreign African immigrants—whether educated or not, rich or poor, or coming from those who have escaped poverty and those who decided to use their skills voluntary in a new context—all have been described as *Makwerekwere*. This is a derogatory term meant to allude to people without a language, considered as outsiders and whose lives might not be viewed as grievable or worth worrying about. Diaspora, thus, is not a one-size fit all for hosts and guests and among guests. In this culturally volatile context, aspirations are not always fulfilled because host communities and guests foreigners continue to live just in the neighbourhood of their dreams. In this sense, diasporic communities might be understood as strange,

However, the response of South African black citizens to the influx by African foreigners might not result in a "hyped celebration of multiculturality" ([5], p. 25). Most South white and black South Africans seem to feel that their own experiences have not been a smooth or unproblematic consummation of a dream from slavery to freedom. As a result, African black foreigners have experienced confusing reactive ideologies of exclusionary discourses in which the trope of homelessness is an irony whose butt is the South African masses. Nevertheless, memories of the past that is being escaped and the present that is anticipated as a greener pasture are performed unevenly by individual migrants as well as groups of migrants, showing their capacity to command, recall, assume and deploy multiple identities of one's selves as and when they are required ([13], p. 52). In other words, black African foreign immigrants might be haunted by the ambivalences of occupying their pain in new spaces. However, they often maintain ties with kinship and build strong networks with their families at home through communication and remittances. This provides an added leveraging, although a situation of ambiguous relationship might also

**26**

another context.

of the South African women in whose name some foreigners are murdered rarely speak against xenophobia. It appears then that very few black South African people who have committed acts of collective murder of African foreigners in South Africa are not likely to be prosecuted with the same agency as might happen when a black foreigner commits a crime. *Nyambo Dze Joni* appropriates fictional space and weaves alternative narratives that comment on the failure of model of South African democracy to hold aggressors on African foreigners accountable. Fiction authorises narratives that might confer on itself the magnetic power typical of new cultural sites that might provide an early warning system about the possibility of xenophobic attacks sliding into genocide violence on African foreigners. The social prejudice against black African foreigners that fiction questions is so entrenched to a point where discourses have been invented in South Africa in which the unfortunate African foreigners are advised to go home or die here ([2], p. 8).

Put in other words, *Nyambo Dze Joni* or *Stories from Johannesburg* attempts to break from an expected conventional belief of postcolonial South Africa as a convivial rainbow nation. This metaphor is interrogated in the novel's rhetorical language that challenges the characterisation of the socio-economic problems in the new South African nation as mainly, the result of influxes of migrants from "failed" African countries such as Zimbabwe, Mozambique, Somalia, Nigeria, Kenya and Zambia. In addition, the pernicious myth which is that if one day, South Africa were to rid itself, of all black foreigners, legal or illegal, South African's problems of massive unemployment, lack of access to quality education and issues of funding the education of South African citizens would vanish.

This differential allocation of blame might explain why in *Nyambo Dze Joni* Tom's letters show how most black foreigners are marked as the pestilent *other*. This nuisant *other* is branded on black foreigners as people who have ruined their own countries and now have come to spoil the South African economy. Tom writes to Phianos that local citizens accuse foreigners of taking land away from citizens ([2], p. 27). South African citizens are depicted as aggressive when they use entitlement to being genuine South Africans to destroy black foreign businesses and rob foreigners of property such as cars. Zimbabweans in South Africa are accused by ordinary and educated South Africans of taking away jobs using what locals believe is a superior education and skills expressed through the proficient command of the English language ([2], p. 47)*.* In addition, Mutasa's novel suggests also that a sense of fear and failure to deal with an inferiority complex seem to move the majority of local South Africans to manifest their anger through murderous acts. This means that the transition from possessing a sense of being entitled to being a South African to experiencing a sense of fear of the black foreigners is managed through visiting violence on black foreigners. First, black foreigners are described as *Makwerekwere,* meaning one who does not belong, has an incoherent language and has entered the country illegally. Secondly, black foreign males are depicted in *Nyambo Dze Joni* as embarrassing South African black males when Zimbabwean males are accused of taking away, sleeping with and even marrying South African women. In this accusation, what it is that is absent among black male South Africans that might make them not appealing to local girls is not clarified. Pinetch, drawing from the experiences of Cameroonian men in South Africa, argues that African foreigners use marriage to local South African girls and single women "as a strategy for permanent residency" ([17], p. 71). It is possible to suggest that what is violated when foreigners are made scapegoats for the certain failures of South African liberal democratic project is the right of freedom of association between foreign black men and local South African women when the charge of stealing "our" wives is invoked. This is so because these marriages are consensual and often occur within the confines of the rule of law as guaranteed in the South African Constitution.

**29**

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities…*

for the local indigenes who proclaim uncontested citizenship:

*The mere act of killing is not enough; for if a man dies without surrender, if something within him remains unbroken to the end, then the power which destroyed him has not, after all, crushed everything. Something has escaped its reach, and it is precisely this some-thing–let us call it "dignity"–that must die if those in power are to reach the orgasmic peak of their potential domination ([18], p. 51).*

*Nyambo Dze Joni* reveals the ambiguity and fragility of the local citizens' identities forcing them to be aggressive towards people they view as strangers. Eze argues that the attitudes of compensating failure using the rule of power and not of law is the global basis of an "epistemology of genocide" that might constitute necessary and sufficient conditions for genocide ([4], p. 118). *Welcome to Our Hillbrow* depicts how the use massive distortion of language, that is, the use of words with intent to incite the mass killing of the racial group, is the first tool with which to harm black foreigners. However, *Welcome to Our Hillbrow* also portrays how the habit of violating black foreigners can be extended to acts that harm local black women. This slip into violence might have the unintended effect of destabilising the "desired" rainbow nation, which is then turned into what one might call, a "rain blood nation".

**3. Xenophobia and blackophobia in** *Welcome to Our Hillbrow*

*Welcome to Our Hillbrow* complicates notions of diaspora. One can be a local woman and a citizen of South Africa but still subjected to violent death if accused of being a witch. The novel tells the story of Refentse, "child of Tiragalong" ([1], p. 1), a rural village in South Africa, somewhere in the Limpopo province. This rural setting is puffed up with superstitions, and some locals have to leave the rural idiocy in favour of the city ending up travelling to Hillbrow, in Johannesburg. The title of Mpe's novel emphasises the significance of reading linguistic trace, with seam and rhizome as metaphors for anxieties of unfinished *political* transitions. The rhetorical device of trace is not its original identity because its paradox inheres in the sense that past ideologies of authoritarianism can resurface as constitutional democracy in post 1994 South Africa. In addition, a bloody apartheid culture can revive itself like a rhizome and continue to authorise its own phobias, neuroses and anxieties that get entangled into an emergent

present spattered with blood of black foreigners and that of some black locals.

While *Nyambo Dze Joni* depicts Hillbrow as a multicultural space, buzzing with many languages which are spoken there, such as Kiswahili, Portuguese, French, Yoruba, Chi Tonga, Chi Zulu, Chi Sutu and Chi Afrikaans, this linguistic diversity is viewed as a form of cultural impurity by some South African citizens. This fact is despite the existence of the founding national and official myth of the rainbow nation that emphasises unity in diversity and the philosophy of Ubuntu that says "I am, because you are". The rejection of black foreigners by South African citizens as depicted in *Nyambo Dze Joni* is further couched in the language of stereotypes. This language of derision is an epistemic condition for the spread of genocidal thought. The first acts of atrocities on black foreigners are enacted through the objectification of foreigners as thieves. One could suggest that the fear of the foreigner by local South Africans might actually be a perverted form of acknowledgment that the locals have an inferiority complex. The fear of the *other* can also imply that many of the locals may feel ill-equipped to survive in a cutthroat capitalist economy. This then possibly suggests that the skills possessed by some of the foreigners that are the object of demonization targets of news discourses on decolonization are more critical and relevant to the South African economy. As one critic, Phillip suggests,

*DOI: http://dx.doi.org/10.5772/intechopen.87245*

#### *Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities… DOI: http://dx.doi.org/10.5772/intechopen.87245*

While *Nyambo Dze Joni* depicts Hillbrow as a multicultural space, buzzing with many languages which are spoken there, such as Kiswahili, Portuguese, French, Yoruba, Chi Tonga, Chi Zulu, Chi Sutu and Chi Afrikaans, this linguistic diversity is viewed as a form of cultural impurity by some South African citizens. This fact is despite the existence of the founding national and official myth of the rainbow nation that emphasises unity in diversity and the philosophy of Ubuntu that says "I am, because you are". The rejection of black foreigners by South African citizens as depicted in *Nyambo Dze Joni* is further couched in the language of stereotypes. This language of derision is an epistemic condition for the spread of genocidal thought. The first acts of atrocities on black foreigners are enacted through the objectification of foreigners as thieves. One could suggest that the fear of the foreigner by local South Africans might actually be a perverted form of acknowledgment that the locals have an inferiority complex. The fear of the *other* can also imply that many of the locals may feel ill-equipped to survive in a cutthroat capitalist economy. This then possibly suggests that the skills possessed by some of the foreigners that are the object of demonization targets of news discourses on decolonization are more critical and relevant to the South African economy. As one critic, Phillip suggests, for the local indigenes who proclaim uncontested citizenship:

*The mere act of killing is not enough; for if a man dies without surrender, if something within him remains unbroken to the end, then the power which destroyed him has not, after all, crushed everything. Something has escaped its reach, and it is precisely this some-thing–let us call it "dignity"–that must die if those in power are to reach the orgasmic peak of their potential domination ([18], p. 51).*

*Nyambo Dze Joni* reveals the ambiguity and fragility of the local citizens' identities forcing them to be aggressive towards people they view as strangers. Eze argues that the attitudes of compensating failure using the rule of power and not of law is the global basis of an "epistemology of genocide" that might constitute necessary and sufficient conditions for genocide ([4], p. 118). *Welcome to Our Hillbrow* depicts how the use massive distortion of language, that is, the use of words with intent to incite the mass killing of the racial group, is the first tool with which to harm black foreigners. However, *Welcome to Our Hillbrow* also portrays how the habit of violating black foreigners can be extended to acts that harm local black women. This slip into violence might have the unintended effect of destabilising the "desired" rainbow nation, which is then turned into what one might call, a "rain blood nation".

#### **3. Xenophobia and blackophobia in** *Welcome to Our Hillbrow*

*Welcome to Our Hillbrow* complicates notions of diaspora. One can be a local woman and a citizen of South Africa but still subjected to violent death if accused of being a witch. The novel tells the story of Refentse, "child of Tiragalong" ([1], p. 1), a rural village in South Africa, somewhere in the Limpopo province. This rural setting is puffed up with superstitions, and some locals have to leave the rural idiocy in favour of the city ending up travelling to Hillbrow, in Johannesburg. The title of Mpe's novel emphasises the significance of reading linguistic trace, with seam and rhizome as metaphors for anxieties of unfinished *political* transitions. The rhetorical device of trace is not its original identity because its paradox inheres in the sense that past ideologies of authoritarianism can resurface as constitutional democracy in post 1994 South Africa. In addition, a bloody apartheid culture can revive itself like a rhizome and continue to authorise its own phobias, neuroses and anxieties that get entangled into an emergent present spattered with blood of black foreigners and that of some black locals.

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

African foreigners are advised to go home or die here ([2], p. 8).

the education of South African citizens would vanish.

guaranteed in the South African Constitution.

of the South African women in whose name some foreigners are murdered rarely speak against xenophobia. It appears then that very few black South African people who have committed acts of collective murder of African foreigners in South Africa are not likely to be prosecuted with the same agency as might happen when a black foreigner commits a crime. *Nyambo Dze Joni* appropriates fictional space and weaves alternative narratives that comment on the failure of model of South African democracy to hold aggressors on African foreigners accountable. Fiction authorises narratives that might confer on itself the magnetic power typical of new cultural sites that might provide an early warning system about the possibility of xenophobic attacks sliding into genocide violence on African foreigners. The social prejudice against black African foreigners that fiction questions is so entrenched to a point where discourses have been invented in South Africa in which the unfortunate

Put in other words, *Nyambo Dze Joni* or *Stories from Johannesburg* attempts to break from an expected conventional belief of postcolonial South Africa as a convivial rainbow nation. This metaphor is interrogated in the novel's rhetorical language that challenges the characterisation of the socio-economic problems in the new South African nation as mainly, the result of influxes of migrants from "failed" African countries such as Zimbabwe, Mozambique, Somalia, Nigeria, Kenya and Zambia. In addition, the pernicious myth which is that if one day, South Africa were to rid itself, of all black foreigners, legal or illegal, South African's problems of massive unemployment, lack of access to quality education and issues of funding

This differential allocation of blame might explain why in *Nyambo Dze Joni* Tom's letters show how most black foreigners are marked as the pestilent *other*. This nuisant *other* is branded on black foreigners as people who have ruined their own countries and now have come to spoil the South African economy. Tom writes to Phianos that local citizens accuse foreigners of taking land away from citizens ([2], p. 27). South African citizens are depicted as aggressive when they use entitlement to being genuine South Africans to destroy black foreign businesses and rob foreigners of property such as cars. Zimbabweans in South Africa are accused by ordinary and educated South Africans of taking away jobs using what locals believe is a superior education and skills expressed through the proficient command of the English language ([2], p. 47)*.* In addition, Mutasa's novel suggests also that a sense of fear and failure to deal with an inferiority complex seem to move the majority of local South Africans to manifest their anger through murderous acts. This means that the transition from possessing a sense of being entitled to being a South African to experiencing a sense of fear of the black foreigners is managed through visiting violence on black foreigners. First, black foreigners are described as *Makwerekwere,* meaning one who does not belong, has an incoherent language and has entered the country illegally. Secondly, black foreign males are depicted in *Nyambo Dze Joni* as embarrassing South African black males when Zimbabwean males are accused of taking away, sleeping with and even marrying South African women. In this accusation, what it is that is absent among black male South Africans that might make them not appealing to local girls is not clarified. Pinetch, drawing from the experiences of Cameroonian men in South Africa, argues that African foreigners use marriage to local South African girls and single women "as a strategy for permanent residency" ([17], p. 71). It is possible to suggest that what is violated when foreigners are made scapegoats for the certain failures of South African liberal democratic project is the right of freedom of association between foreign black men and local South African women when the charge of stealing "our" wives is invoked. This is so because these marriages are consensual and often occur within the confines of the rule of law as

**28**

*Welcome our Hillbrow* also dramatises the fact that xenophobia is a political trace. At the same time, blackophobia is an expression of a seam that might suggest a bleeding point of contact articulated to bloody pasts. Xenophobic culture is demonstrative of seam as a metaphor that attempts to perform a wounded detachment from undying pasts, *ala* a rhizome. However, a rhizome refuses to be born anew because its efforts at detaching from its original self might be incestuous because a rhizome carries with it or survives in new contexts on characteristics derived from its originary identity. How much change and transformation a rhizome is prepared to embrace in a new environment may not necessarily change its DNA. In *Welcome to Our Hillbrow*, it appears xenophobia or afrophobia may not be sufficient terms to capture the hatred of the black foreigners by black South African citizens. Such black on black violence seem to entrench vicious psychological cultures that might appropriately be described as blackophobia. Blackophobia negatively affects black foreigners and local blacks, mostly women and not whites.

In *Welcome to Our Hillbrow*, the ideologies of blackophobia seem to be openly manufactured, trafficked, distributed by and shared among South Africa's dreaded trio of the political ruling classes, the masses and capital. Blackophobia is also depicted as some kind of arrested decoloniality that ushers forms of double dying. This view is reflect in *Welcome to Our Hillbrow* where rehearsals and simulations of physical force are performed in broad daylight, sometimes on some national television channels that justify physical immolation of people named as the *other*. Although the novel suggests that South Africa is not yet a dictatorship or a fascist state, the text reveals that totalitarian views can outlive the fall of authoritarian systems like apartheid. In the South Africa of Mpe's creative imaginary, the organisation of blackophobic violence contains what Arendt calls a "planned shapelessness" ([3], p. 522). The horrible originality of the evil of blackophobia in the South African postcolony is that it reproduces itself through the agency of local black South Africans, reminding one that former victims can change positions and become killers [10]. In such as volatile context, the ordinariness of the everyday experience of xenophobia in a constitutional neoliberal democracy is baffling as it targets black foreigners and black South African local women who are defined as "'throw-away' people'" ([6], p. 211).

#### **3.1 Narrative of loss of political, economic power and moral authority in**  *Welcome to Our Hillbrow*

The opening sentence of *Welcome to Our Hillbrow* registers a disaster of national aspirations in the form of the defeat of the national soccer team. Some South Africans celebrate the defeat of the national soccer team largely composed of black players in a way that might indicate a fractured national consciousness. As the narrator puts it, "If you were still alive, Refentse, child of Tiragalong, you would be glad that Bafana Bafana lost to France in the 1998 Soccer World Cup Fiasco" ([1], p. 1). Why a native of South Africa should be "glad" about the defeat of national team is a paradox. Underneath is a grudging acknowledgment of a narrative of loss that contradicts the celebration of post 1994 South Africa's view of itself as an expression of black nationalists' political triumphalism. Tiragalong could be South Africa or a little remote village. It is a part that is coterminous with the whole and that symbolically advertises its own fictionality as an imagined community. Tiragalong might symbolise South Africa insofar as some of its local inhabitants share the frustrations of failing to beat France in 1998. At the same time, Tiragalong might not represent the sentiments of all South Africans since Tiragalong residents are embarrassed by the soccer defeat of South Africa by another foreign power. This seeming lack of a national cohesive consciousness might index the fractures in the new nation where there is no one single idea of being South African that the inhabitants of the country might accede to.

**31**

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities…*

Furthermore, Tiragalong is provincial, and people appear to be known as the mother of so and so. The constant refrain of an aspired for national collective vision comes out in the insistence on collective identity that unfortunately is honed on the idea of cultural purity shared by most locals. However, since the language of soccer is not a mere detail of popular culture. This is so because in the novel, the language of ethnic particularity indexes that part of the nation has failed. Bafana Bafana's defeat is the metonymic of a brittle entry into a South Africa freed from some most visible and bizarre remnants of apartheid's ideology of separate development between local whites and local blacks. The irony of South Africa's political transition into a democracy is magnified by some "…people jubilantly singing Amabokobo ayaphumelela…in the streets, because the South African rugby team, the Springboks, [then a deeply racialized sport] had just won the Rugby World Cup" ([1], p. 22). This suggests that success belongs to the white nation in postapartheid in South Africa. This new situation seems to undermine and incense local blacks who are imaged as voyeurs to a dream that they can only share through the

The moral decay of Hillbrow ([1], p. 17) plays itself out most on black characters and in black communities. Hillbrow evokes a nightmarish image of a dream deferred and a monster that threatens to swallow the newfound pride of local black South Africans. When wealthy white and Indians move out of Hillbrow, local blacks claim authority over this departed cityscape in ways that restages or rehashes separate development between locals and black foreigners ([1], p. 3). The institutionalisation of poverty among black citizens of Hillbrow further reveals that the asymmetrical relations of power and powerlessness inherited from apartheid have not significantly changed. Hillbrow is a paradoxical physical, cultural and economic space in which its local and foreign black inhabitants might speak of as a place where one could create contradictory narratives of "milk and honey and bile, all brewing in the depths of our collective consciousness" ([1], p. 41). The extent to which locals or black foreigners might harness the resources in Hillbrow depends on necessary acquisition of educational and life skills that are not distributed evenly between and among local and foreign blacks. This characterisation of black on black relationships resists, partialises and revises a view shared by most South Africans and some of their political leaders which is that the release of Rolihlahla Mandela from Robben Island is a miracle in which there would be "…no violence – at least not

on any large scale – as had been anticipated by cynics" ([1], p. 100).

In Welcome to Our Hillbrow, a romanticised narrative version of the Mandela era is not allowed to stabilise. A mythopoetic representation of Mandela as the African cyborg with all solutions to the social problems faced by local blacks is carnivalised through the narrative's frank acknowledgement that under Mandela's presidency, discriminatory ideas against foreigners and acts of blackophobia violence refused to die. The novel, thus, resists "solitary criticism" ([20], p. 133) of the Mandela era which was meant to create an impression that all "…ambiguity and contradiction [were] completely shut out, and the only permitted [narrative was] that between the old and the new, as if there were only bad in the past and only good in the future" ([20], p. 132). *Welcome to Our Hillbrow* criticises the characterisation of the South African political transition to selective democracy in which the citizens could deride foreign blacks and mimicked the fiction that South Africa is not part of Africa. In this reasoning formed by an irrational sense of superiority commanded by local blacks, black foreigners blacks were tagged with a new identity of "Makwerekwere [who fled] their war-torn countries to seek sanctuary here in our country" ([1], p. 18). The ideology of Blackophobia that names black foreigners as "Makwerekwere" fakes incomprehension of the culture of the immigrants from the other parts of Africa. This narrative by local blacks affects a self-assured stance of

*DOI: http://dx.doi.org/10.5772/intechopen.87245*

absence of its materialisation.

#### *Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities… DOI: http://dx.doi.org/10.5772/intechopen.87245*

Furthermore, Tiragalong is provincial, and people appear to be known as the mother of so and so. The constant refrain of an aspired for national collective vision comes out in the insistence on collective identity that unfortunately is honed on the idea of cultural purity shared by most locals. However, since the language of soccer is not a mere detail of popular culture. This is so because in the novel, the language of ethnic particularity indexes that part of the nation has failed. Bafana Bafana's defeat is the metonymic of a brittle entry into a South Africa freed from some most visible and bizarre remnants of apartheid's ideology of separate development between local whites and local blacks. The irony of South Africa's political transition into a democracy is magnified by some "…people jubilantly singing Amabokobo ayaphumelela…in the streets, because the South African rugby team, the Springboks, [then a deeply racialized sport] had just won the Rugby World Cup" ([1], p. 22). This suggests that success belongs to the white nation in postapartheid in South Africa. This new situation seems to undermine and incense local blacks who are imaged as voyeurs to a dream that they can only share through the absence of its materialisation.

The moral decay of Hillbrow ([1], p. 17) plays itself out most on black characters and in black communities. Hillbrow evokes a nightmarish image of a dream deferred and a monster that threatens to swallow the newfound pride of local black South Africans. When wealthy white and Indians move out of Hillbrow, local blacks claim authority over this departed cityscape in ways that restages or rehashes separate development between locals and black foreigners ([1], p. 3). The institutionalisation of poverty among black citizens of Hillbrow further reveals that the asymmetrical relations of power and powerlessness inherited from apartheid have not significantly changed. Hillbrow is a paradoxical physical, cultural and economic space in which its local and foreign black inhabitants might speak of as a place where one could create contradictory narratives of "milk and honey and bile, all brewing in the depths of our collective consciousness" ([1], p. 41). The extent to which locals or black foreigners might harness the resources in Hillbrow depends on necessary acquisition of educational and life skills that are not distributed evenly between and among local and foreign blacks. This characterisation of black on black relationships resists, partialises and revises a view shared by most South Africans and some of their political leaders which is that the release of Rolihlahla Mandela from Robben Island is a miracle in which there would be "…no violence – at least not on any large scale – as had been anticipated by cynics" ([1], p. 100).

In Welcome to Our Hillbrow, a romanticised narrative version of the Mandela era is not allowed to stabilise. A mythopoetic representation of Mandela as the African cyborg with all solutions to the social problems faced by local blacks is carnivalised through the narrative's frank acknowledgement that under Mandela's presidency, discriminatory ideas against foreigners and acts of blackophobia violence refused to die. The novel, thus, resists "solitary criticism" ([20], p. 133) of the Mandela era which was meant to create an impression that all "…ambiguity and contradiction [were] completely shut out, and the only permitted [narrative was] that between the old and the new, as if there were only bad in the past and only good in the future" ([20], p. 132). *Welcome to Our Hillbrow* criticises the characterisation of the South African political transition to selective democracy in which the citizens could deride foreign blacks and mimicked the fiction that South Africa is not part of Africa. In this reasoning formed by an irrational sense of superiority commanded by local blacks, black foreigners blacks were tagged with a new identity of "Makwerekwere [who fled] their war-torn countries to seek sanctuary here in our country" ([1], p. 18). The ideology of Blackophobia that names black foreigners as "Makwerekwere" fakes incomprehension of the culture of the immigrants from the other parts of Africa. This narrative by local blacks affects a self-assured stance of

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

foreigners and local blacks, mostly women and not whites.

*Welcome our Hillbrow* also dramatises the fact that xenophobia is a political trace.

At the same time, blackophobia is an expression of a seam that might suggest a bleeding point of contact articulated to bloody pasts. Xenophobic culture is demonstrative of seam as a metaphor that attempts to perform a wounded detachment from undying pasts, *ala* a rhizome. However, a rhizome refuses to be born anew because its efforts at detaching from its original self might be incestuous because a rhizome carries with it or survives in new contexts on characteristics derived from its originary identity. How much change and transformation a rhizome is prepared to embrace in a new environment may not necessarily change its DNA. In *Welcome to Our Hillbrow*, it appears xenophobia or afrophobia may not be sufficient terms to capture the hatred of the black foreigners by black South African citizens. Such black on black violence seem to entrench vicious psychological cultures that might appropriately be described as blackophobia. Blackophobia negatively affects black

In *Welcome to Our Hillbrow*, the ideologies of blackophobia seem to be openly manufactured, trafficked, distributed by and shared among South Africa's dreaded trio of the political ruling classes, the masses and capital. Blackophobia is also depicted as some kind of arrested decoloniality that ushers forms of double dying. This view is reflect in *Welcome to Our Hillbrow* where rehearsals and simulations of physical force are performed in broad daylight, sometimes on some national television channels that justify physical immolation of people named as the *other*. Although the novel suggests that South Africa is not yet a dictatorship or a fascist state, the text reveals that totalitarian views can outlive the fall of authoritarian systems like apartheid. In the South Africa of Mpe's creative imaginary, the organisation of blackophobic violence contains what Arendt calls a "planned shapelessness" ([3], p. 522). The horrible originality of the evil of blackophobia in the South African postcolony is that it reproduces itself through the agency of local black South Africans, reminding one that former victims can change positions and become killers [10]. In such as volatile context, the ordinariness of the everyday experience of xenophobia in a constitutional neoliberal democracy is baffling as it targets black foreigners and black South African local women who are defined as "'throw-away' people'" ([6], p. 211).

**3.1 Narrative of loss of political, economic power and moral authority in** 

The opening sentence of *Welcome to Our Hillbrow* registers a disaster of national aspirations in the form of the defeat of the national soccer team. Some South Africans celebrate the defeat of the national soccer team largely composed of black players in a way that might indicate a fractured national consciousness. As the narrator puts it, "If you were still alive, Refentse, child of Tiragalong, you would be glad that Bafana Bafana lost to France in the 1998 Soccer World Cup Fiasco" ([1], p. 1). Why a native of South Africa should be "glad" about the defeat of national team is a paradox. Underneath is a grudging acknowledgment of a narrative of loss that contradicts the celebration of post 1994 South Africa's view of itself as an expression of black nationalists' political triumphalism. Tiragalong could be South Africa or a little remote village. It is a part that is coterminous with the whole and that symbolically advertises its own fictionality as an imagined community. Tiragalong might symbolise South Africa insofar as some of its local inhabitants share the frustrations of failing to beat France in 1998. At the same time, Tiragalong might not represent the sentiments of all South Africans since Tiragalong residents are embarrassed by the soccer defeat of South Africa by another foreign power. This seeming lack of a national cohesive consciousness might index the fractures in the new nation where there is no one single idea of being South African that the inhabitants of the country might accede to.

*Welcome to Our Hillbrow*

**30**

recognisable, distinct and particularised identities whose political unconscious perform for both officials and ordinary natives of South Africa, a script of difference. While this officially sanctioned cultural performance of a unique South African identity and historical exceptionalism emphasised difference, this difference ironically represented continuity. Thus, a black South African nation was borne and projected as the natural leader of African nations. However, at the core of this new nation was also ensconced extremist views and fundamentalist mental imaginaries that resented foreign blacks. Gqola brings home this point when she argues that the new black-governed South African nation deceptively wore the cloak of "affected shock at the outbreak of large-scale violence of any sort" ([6], p. 211) even when this violence was perpetrated by the country's citizens on black foreigners and some local women, children and the old, during spats of xenophobic attacks.

*Welcome to Our Hillbrow* challenges ideologies of indigeneity because these views encourage black foreigners. For example, the narrative also ruptures and disrupts coercive official narratives of "new democratic rainbowism of African Renaissance" ([1], p. 26). By providing a wide range of characters who respond differently to the narrative of unfilled hopes in post-apartheid South Africa, what is preferred and registered is a commitment to a plurality views. In Hillbrow, lifelong black beggars who have fallen ill are "wheeled away in a wheel-barrow, in the direction of Hillbrow Hospital" ([1], p. 16). In addition, "Dirty children [take] turns at glue" (Mpe, 13). Lerato's mother is a notorious prostitute "who could not say no to any drop of semen found flowing aimlessly in the streets" ([1], p. 82). Gay or homosexual men are accused by some local blacks of introducing AIDS through what the local blacks view as the "bizarre sexual behaviour" of men in dark-lit corners having sex with other man ([1], p. 4). Like black foreigners, homosexuals are violently targeted. Disease is appended to homosexuals and foreign blacks. This symbolical buildup of the negative descriptions of humanity that most local citizens appear to fail to live with is calculated to enable local blacks with extremist views arrogate themselves with power to police the spaces where foreign blacks and homosexuals inhabit. Sometimes when strategies of policing black foreigners are outpaced by some ingenuity of targeted groups, local blacks would compensate their failure to control those named as incorrigible strangers by appealing to the government officials to enforce migrant laws that limited the movement of foreigners. Ordinary South African citizens in turn secure from government authorities the powers to superintend black foreign nationals, detailing where they work and how they make money and "succeed" in a context where locals feel economically outstripped ([8], p. 140). Thus, in a "tragic inversion, therefore, immigrants are held responsible for the failure of free market policies to create adequate choices of employment" ([6], p. 219).

In rural Tiragalong, values and vocabularies that contain perverted blackophobic tendencies circulate freely among locals. The local women who suffer from the heavy-handedness of locally driven patriarchal discourses are some South African female citizens. Some of these women like Refilwe's mother are named as witches merely because the rural patriarchs have the power to do so. Working with quack witchdoctors, the rule of South African rural men prescribes punishment by death to native women so accused. The mobs of Tiragalong are empowered by the silence of government officials, and these hordes feel permitted to carry out gratuitous violence on innocent South African female citizens. The banality of the process of killing local women imitates the brutal originality of apartheid's methods of vanquishing those suspected to be political opponents. A large tyre is put around the neck of Refilwe's mother by mobs under the command of rural patriarchs. Petrol is poured on her onto her, and her whole body becomes a site destruction by fire ([1], p. 3). This death is not of a black foreigner from outside South Africa, but of a native of Tiragalong, a black South African in the evil hands of her own kind.

**33**

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities…*

Gratuitous acts of violence against vulnerable rural women or black foreigners are justified or explained away by intellectuals and authorities as representing the new normal in community policing [8]. In short, the fate of Refilwe's mother shows that one can be a South African citizen but perpetually marginalised, murdered and her body disposed of as if her life is not worth living or mourning. Diasporic identities that create senses of vulnerability in weak women and black foreigners are manufactured in black-controlled local communities and used to impose new forms of governmentality by those locals invested with power that is often arbitrarily used to coerce, when such situations might have benefited from community dialogue. May [11] draws attention to the fact that physical and spiritual harms to social groups in xenophobic and genocidal situations manifest in how individuals are killed. This view is supported by Ndebele who observed that in South Africa, the ways human life is lived spectacularly after 1994 in black rural areas and urban townships encourage violent acts in which the will to "kill off the man [leaves] us with no knowledge" ([15], p. 26) of how to stop the circulation of genocidal views in the community. Sachs, another South African critic and freedom fighter, comments that discriminatory killings, either from xenophobic attacks or mass murder of black foreigners, affirm the principle that "there is nothing that the [former] apartheid rulers would like more than to convince us that because apartheid [was]

The narrative of moral degeneration that makes preparation for mass assault of black foreigners possible is community-sanctioned. The idea that murder is planned from below suggests that ordinary black South African people in whose name some progressive revolutions are carried out have not psychologically been decolonized. The murder of Refilwe's mother follows a predictable sequence: exposition that a witch should be killed, justification that Refilwe's mother deserves to die because she caused the suicide death of her daughter and legitimation of murder of local women by the opinion of the "medicine men" ([1], p. 43) and "bone thrower" ([1], p. 45) who are sought to confirm the adoption of a decision to murder the woman. Later, the masses implement their evil schema in which the innocent woman is executed painfully by being locked in her hut, with blazing tyres around her neck. The intent to kill Refilwe's mother is choreographed with careful planning as soon as an ideological warrant ([4], p. 115) is created and accepted that the woman in

Regrettably, the ideological warrants advanced by the community to kill Refilwe's mother are baseless and unfounded because "it was only after the witch had found her punishment by necklacing, that Tiragalong was given cause to realise its mistake…." ([1], p. 45). Perpetrators of xenophobic atrocities are akin to genocidaires who act precisely through omission and commission; they do not need to reason scientifically. Once persuaded by fear rooted in superstitious stereotypes, they authorise spurious narratives that then are taken as truth and which forms the basis of actions. The wilful suspension of the rule of law in a neoliberal constitutional democracy means that South African public life is also characterised by states of exceptions in which mobs become the law, with which they pronounce death penalty on others. Thus, while the street court operated by mob injustice imposes death penalty, the unresolved judicial hiatus is that South African official courts

The implication to official silence against wilful violation of foreign blacks is that in a South African neoliberal democracy, the official discourse of peace, tolerance and coexistence might function to camouflage the desire to disarm defences and make the killing of foreigners acceptable. Without suggesting that all South African citizens have fascist ideas, xenophobic acts are amplified through a coded language that hints at the final solution on the question of foreign immigrants in

*DOI: http://dx.doi.org/10.5772/intechopen.87245*

ugly, the world is ugly ([20], p. 133).

have no provision for death penalty.

question is a witch.

#### *Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities… DOI: http://dx.doi.org/10.5772/intechopen.87245*

Gratuitous acts of violence against vulnerable rural women or black foreigners are justified or explained away by intellectuals and authorities as representing the new normal in community policing [8]. In short, the fate of Refilwe's mother shows that one can be a South African citizen but perpetually marginalised, murdered and her body disposed of as if her life is not worth living or mourning. Diasporic identities that create senses of vulnerability in weak women and black foreigners are manufactured in black-controlled local communities and used to impose new forms of governmentality by those locals invested with power that is often arbitrarily used to coerce, when such situations might have benefited from community dialogue.

May [11] draws attention to the fact that physical and spiritual harms to social groups in xenophobic and genocidal situations manifest in how individuals are killed. This view is supported by Ndebele who observed that in South Africa, the ways human life is lived spectacularly after 1994 in black rural areas and urban townships encourage violent acts in which the will to "kill off the man [leaves] us with no knowledge" ([15], p. 26) of how to stop the circulation of genocidal views in the community. Sachs, another South African critic and freedom fighter, comments that discriminatory killings, either from xenophobic attacks or mass murder of black foreigners, affirm the principle that "there is nothing that the [former] apartheid rulers would like more than to convince us that because apartheid [was] ugly, the world is ugly ([20], p. 133).

The narrative of moral degeneration that makes preparation for mass assault of black foreigners possible is community-sanctioned. The idea that murder is planned from below suggests that ordinary black South African people in whose name some progressive revolutions are carried out have not psychologically been decolonized. The murder of Refilwe's mother follows a predictable sequence: exposition that a witch should be killed, justification that Refilwe's mother deserves to die because she caused the suicide death of her daughter and legitimation of murder of local women by the opinion of the "medicine men" ([1], p. 43) and "bone thrower" ([1], p. 45) who are sought to confirm the adoption of a decision to murder the woman. Later, the masses implement their evil schema in which the innocent woman is executed painfully by being locked in her hut, with blazing tyres around her neck. The intent to kill Refilwe's mother is choreographed with careful planning as soon as an ideological warrant ([4], p. 115) is created and accepted that the woman in question is a witch.

Regrettably, the ideological warrants advanced by the community to kill Refilwe's mother are baseless and unfounded because "it was only after the witch had found her punishment by necklacing, that Tiragalong was given cause to realise its mistake…." ([1], p. 45). Perpetrators of xenophobic atrocities are akin to genocidaires who act precisely through omission and commission; they do not need to reason scientifically. Once persuaded by fear rooted in superstitious stereotypes, they authorise spurious narratives that then are taken as truth and which forms the basis of actions. The wilful suspension of the rule of law in a neoliberal constitutional democracy means that South African public life is also characterised by states of exceptions in which mobs become the law, with which they pronounce death penalty on others. Thus, while the street court operated by mob injustice imposes death penalty, the unresolved judicial hiatus is that South African official courts have no provision for death penalty.

The implication to official silence against wilful violation of foreign blacks is that in a South African neoliberal democracy, the official discourse of peace, tolerance and coexistence might function to camouflage the desire to disarm defences and make the killing of foreigners acceptable. Without suggesting that all South African citizens have fascist ideas, xenophobic acts are amplified through a coded language that hints at the final solution on the question of foreign immigrants in

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

recognisable, distinct and particularised identities whose political unconscious perform for both officials and ordinary natives of South Africa, a script of difference. While this officially sanctioned cultural performance of a unique South African identity and historical exceptionalism emphasised difference, this difference ironically represented continuity. Thus, a black South African nation was borne and projected as the natural leader of African nations. However, at the core of this new nation was also ensconced extremist views and fundamentalist mental imaginaries that resented foreign blacks. Gqola brings home this point when she argues that the new black-governed South African nation deceptively wore the cloak of "affected shock at the outbreak of large-scale violence of any sort" ([6], p. 211) even when this violence was perpetrated by the country's citizens on black foreigners and some

*Welcome to Our Hillbrow* challenges ideologies of indigeneity because these views encourage black foreigners. For example, the narrative also ruptures and disrupts coercive official narratives of "new democratic rainbowism of African Renaissance" ([1], p. 26). By providing a wide range of characters who respond differently to the narrative of unfilled hopes in post-apartheid South Africa, what is preferred and registered is a commitment to a plurality views. In Hillbrow, lifelong black beggars who have fallen ill are "wheeled away in a wheel-barrow, in the direction of Hillbrow Hospital" ([1], p. 16). In addition, "Dirty children [take] turns at glue" (Mpe, 13). Lerato's mother is a notorious prostitute "who could not say no to any drop of semen found flowing aimlessly in the streets" ([1], p. 82). Gay or homosexual men are accused by some local blacks of introducing AIDS through what the local blacks view as the "bizarre sexual behaviour" of men in dark-lit corners having sex with other man ([1], p. 4). Like black foreigners, homosexuals are violently targeted. Disease is appended to homosexuals and foreign blacks. This symbolical buildup of the negative descriptions of humanity that most local citizens appear to fail to live with is calculated to enable local blacks with extremist views arrogate themselves with power to police the spaces where foreign blacks and homosexuals inhabit. Sometimes when strategies of policing black foreigners are outpaced by some ingenuity of targeted groups, local blacks would compensate their failure to control those named as incorrigible strangers by appealing to the government officials to enforce migrant laws that limited the movement of foreigners. Ordinary South African citizens in turn secure from government authorities the powers to superintend black foreign nationals, detailing where they work and how they make money and "succeed" in a context where locals feel economically outstripped ([8], p. 140). Thus, in a "tragic inversion, therefore, immigrants are held responsible for the failure of free market

local women, children and the old, during spats of xenophobic attacks.

policies to create adequate choices of employment" ([6], p. 219).

In rural Tiragalong, values and vocabularies that contain perverted blackophobic

tendencies circulate freely among locals. The local women who suffer from the heavy-handedness of locally driven patriarchal discourses are some South African female citizens. Some of these women like Refilwe's mother are named as witches merely because the rural patriarchs have the power to do so. Working with quack witchdoctors, the rule of South African rural men prescribes punishment by death to native women so accused. The mobs of Tiragalong are empowered by the silence of government officials, and these hordes feel permitted to carry out gratuitous violence on innocent South African female citizens. The banality of the process of killing local women imitates the brutal originality of apartheid's methods of vanquishing those suspected to be political opponents. A large tyre is put around the neck of Refilwe's mother by mobs under the command of rural patriarchs. Petrol is poured on her onto her, and her whole body becomes a site destruction by fire ([1], p. 3). This death is not of a black foreigner from outside South Africa, but of a native of Tiragalong, a black South African in the evil hands of her own kind.

**32**

South Africa. When the masses warn foreign blacks to go back to their countries or die here, little or no consequences are visited on these citizens who intimidate black foreigners. The community of Tiragalong in the novel, does not understand, does not wish to understand and does not wish to live with that which they view as strange. This fear of freedom to know is rooted in the unbearableness of individual powerlessness and isolation predicated on the illogical thinking that the individual or the community might escape the feeling of its own powerlessness in comparison with the world outside oneself by destroying it. It becomes duty or work that is considered patriotic to beat with cudgels and kill using machetes any of the Makwerekwere viewed as basking in the sanctuary that Hillbrow temporarily affords ([1], p. 4).

The narrative of loss of conscience, of loss of moral values and of loss of shame in Tiragalong's brutalisation of their own is both a test and an affirmation that this community can commit more hideous crimes of harm on black foreigners with whom they share little else other than the colour, black. Morgan argues that looters and murderers find it is necessary to lose shame in order to commit atrocities. Shame generally might force humanity to reckon that humans have some notion of how it should be or ought to be, the kind of person it ought to be, and the kind of person others ought to expect people to be in terms of which human actions are shown to have failed, to be deficient or to have diminished in status. This means that when one is ashamed, one has lost face because the face one values and hopes to have has been displaced or defaced by another face, which is one that one regrets having or one that disgraces or embarrasses ([14], p. 308). Refusal to feel disgraced or embarrassed in killing another human being is precisely the condition of possibility for sustaining a campaign of verbal and physical terror perceived as indispensable when preparing to launch blackophobic attacks on some local African blacks and foreign black nationals.

#### **3.2 Narrative of HIV, stolen jobs and despoiled South African women by Makwerekwere in** *Welcome to Our Hillbrow*

In *Welcome to Our Hillbrow*, Refilwe's mother's life is imperilled by a masculine ideology that projects "women" as "entitlements of Black South Africa men" ([6], p. 218). Fascist-like ideas are not the preserve of dictators or authoritarian rulers only; ordinary people can also be mass murderers. In South Africa since the intensification of the rhetoric of entitlement among black people, it has been the ordinary people, themselves, too poor who have become enthusiastic killers of foreign blacks [10]. Stone observes that xenophobic leaders can turn people into perpetrators through a process in which the ordinary people are allowed to take advantage of opportunities for unpunished inhumanity opened to them. Ordinary South African citizens are then emboldened to commit atrocities on fellow Africans because the locals are exposed to an entirely unfamiliar feeling of unlimited power and command ([21], p. 284). Admittedly some ordinary local blacks in the South African postcolony are reluctant to kill foreigners when coerced to do so. This reflects some positive agency within some South African citizens. However, when black foreigners continue to be killed during broad day light, on the watch of the police, senior ruling class politicians and officials from opposition political parties, this reveals a "tragic inversion [in which] immigrants are held responsible for the failure of free market policies to create adequate choices of employment" ([6], p. 219).

Thus, in the epistemology of blackophobia in South Africa, homophobic language performs the function of the matchet; it contains ideological warrants which are the cues through which the black foreigner is spoken, thought of and written about as dispensable humanity or the "throw away people" ([6], p. 211). Linguistic

**35**

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities…*

the very moment it appears to recognise the existence of the other.

feeling, tasting is a reconfiguring of the story of our lives" ([1], p. 61).

**3.3 Narratives of fear of black foreigners in** *Welcome to Our Hillbrow*

Discourses of entitlement to access to South African resources circulating in black local communities arise out of "unmet basic needs" ([19], p. 98) in the era of

The trope of South African people as pure beings used to justify policing of black foreigners is denied inherent authenticity which it seeks to monopolise for itself. The "Bizarre sexual behavior of the Hillbrowans" ([1], p. 4) was in fact "no worse than that of Tiragalong" ([1], p. 17). Tiragalongans which both are and may not represent all South Africans attempt to project their rural locality as a place of pastoral quiescence and write a story of it "with a smooth narrative current, stripped of all rough edges, devoid of any gaps" ([1], p. 60). In the novel, Cousin "insisted that people should remain in their own countries and try to sort out the problems of these respective countries, rather than fleeing them; South Africa had too many problems of its own" ([1], p. 20). The concept of bounded citizenship is narrow because it defines natives of black South Africa as the only people entitled to live in it. This view enables the accusation that black foreigners or Makwerekwere are "stretching their legs spreading like pumpkin plants filling every corner of our city and turning each patch of Hillbrow coming to take our jobs in the new democratic rainbowism of African Renaissance…." ([1], p. 26). A mythopoetic narrative of purity of the local natives over black foreigners represented as dirt actually overwrites the actual differences in each of these two groups. Fortunately, a native narrative that emphasises a unitary identity for ordinary South Africans at all times is rejected. This is so because "There would always be another story of love, betrayal, friendship, joy and pain to add to narrative granary. There would always be the need to revise, reinforce, contradict. Every act of listening, seeing, smelling,

violence presages physical violence and might render thinkable, the rehearsal of genocidal mentality. Homophobes establish a single causal relationship between their actions in the service of their murderous purposes. The actions are then justified using historical insights to produce new narratives that have to be packaged ideologically in terms of us and them to ramp up their potential invasive acts. In addition, the determination of the human will has to be in the mix, along with social and political structures that can implement that determination. When all of those pieces are in place, genocide may well be on its way ([4], pp. 119–122). In Tiragalong and Hillbrow which might and might not necessarily symbolise South Africa, the popular understanding is that AIDS came from "central and western parts of Africa….[and] media reports [had it that] AIDS' travel into Johannesburg was through Makwerekwere; and Hillbrow was the sanctuary in which Makwerekwere basked" ([1], p. 4). Refentse's death is casually attributed to the fact that he roamed the "whorehouses and dingy pubs of Hillbrow….with Makwerekwere women, hanging onto his arms and dazzling him with sugar-coated kisses that were sure to destroy any man, let alone an impressionable youngster like him" ([1], p. 3). Native South Africans project images of themselves as authentic, clean and pure, thereby invoking a reverse discourse of dirt and impurity that is easily ascribed to black foreigners. The repertoire of linguistic violence not only reveals how ordinary South Africans fear the story of the foreigner. Stereotypes of black foreigners as "filth" serve to prepare grounds upon which the physical violation of the black foreigners must stand justified. The doubling effect of the discourse of purity emanating from ordinary South Africans can also be said to be replicating its own divisions through the construction of myths of purity and authenticity. These myths are then used by the citizens to enable them to continuity entertaining an idea of a stable dominant discourse even at

*DOI: http://dx.doi.org/10.5772/intechopen.87245*

#### *Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities… DOI: http://dx.doi.org/10.5772/intechopen.87245*

violence presages physical violence and might render thinkable, the rehearsal of genocidal mentality. Homophobes establish a single causal relationship between their actions in the service of their murderous purposes. The actions are then justified using historical insights to produce new narratives that have to be packaged ideologically in terms of us and them to ramp up their potential invasive acts. In addition, the determination of the human will has to be in the mix, along with social and political structures that can implement that determination. When all of those pieces are in place, genocide may well be on its way ([4], pp. 119–122).

In Tiragalong and Hillbrow which might and might not necessarily symbolise South Africa, the popular understanding is that AIDS came from "central and western parts of Africa….[and] media reports [had it that] AIDS' travel into Johannesburg was through Makwerekwere; and Hillbrow was the sanctuary in which Makwerekwere basked" ([1], p. 4). Refentse's death is casually attributed to the fact that he roamed the "whorehouses and dingy pubs of Hillbrow….with Makwerekwere women, hanging onto his arms and dazzling him with sugar-coated kisses that were sure to destroy any man, let alone an impressionable youngster like him" ([1], p. 3). Native South Africans project images of themselves as authentic, clean and pure, thereby invoking a reverse discourse of dirt and impurity that is easily ascribed to black foreigners. The repertoire of linguistic violence not only reveals how ordinary South Africans fear the story of the foreigner. Stereotypes of black foreigners as "filth" serve to prepare grounds upon which the physical violation of the black foreigners must stand justified. The doubling effect of the discourse of purity emanating from ordinary South Africans can also be said to be replicating its own divisions through the construction of myths of purity and authenticity. These myths are then used by the citizens to enable them to continuity entertaining an idea of a stable dominant discourse even at the very moment it appears to recognise the existence of the other.

The trope of South African people as pure beings used to justify policing of black foreigners is denied inherent authenticity which it seeks to monopolise for itself. The "Bizarre sexual behavior of the Hillbrowans" ([1], p. 4) was in fact "no worse than that of Tiragalong" ([1], p. 17). Tiragalongans which both are and may not represent all South Africans attempt to project their rural locality as a place of pastoral quiescence and write a story of it "with a smooth narrative current, stripped of all rough edges, devoid of any gaps" ([1], p. 60). In the novel, Cousin "insisted that people should remain in their own countries and try to sort out the problems of these respective countries, rather than fleeing them; South Africa had too many problems of its own" ([1], p. 20). The concept of bounded citizenship is narrow because it defines natives of black South Africa as the only people entitled to live in it. This view enables the accusation that black foreigners or Makwerekwere are "stretching their legs spreading like pumpkin plants filling every corner of our city and turning each patch of Hillbrow coming to take our jobs in the new democratic rainbowism of African Renaissance…." ([1], p. 26). A mythopoetic narrative of purity of the local natives over black foreigners represented as dirt actually overwrites the actual differences in each of these two groups. Fortunately, a native narrative that emphasises a unitary identity for ordinary South Africans at all times is rejected. This is so because "There would always be another story of love, betrayal, friendship, joy and pain to add to narrative granary. There would always be the need to revise, reinforce, contradict. Every act of listening, seeing, smelling, feeling, tasting is a reconfiguring of the story of our lives" ([1], p. 61).

#### **3.3 Narratives of fear of black foreigners in** *Welcome to Our Hillbrow*

Discourses of entitlement to access to South African resources circulating in black local communities arise out of "unmet basic needs" ([19], p. 98) in the era of

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

affords ([1], p. 4).

blacks and foreign black nationals.

**Makwerekwere in** *Welcome to Our Hillbrow*

South Africa. When the masses warn foreign blacks to go back to their countries or die here, little or no consequences are visited on these citizens who intimidate black foreigners. The community of Tiragalong in the novel, does not understand, does not wish to understand and does not wish to live with that which they view as strange. This fear of freedom to know is rooted in the unbearableness of individual powerlessness and isolation predicated on the illogical thinking that the individual or the community might escape the feeling of its own powerlessness in comparison with the world outside oneself by destroying it. It becomes duty or work that is considered patriotic to beat with cudgels and kill using machetes any of the Makwerekwere viewed as basking in the sanctuary that Hillbrow temporarily

The narrative of loss of conscience, of loss of moral values and of loss of shame in Tiragalong's brutalisation of their own is both a test and an affirmation that this community can commit more hideous crimes of harm on black foreigners with whom they share little else other than the colour, black. Morgan argues that looters and murderers find it is necessary to lose shame in order to commit atrocities. Shame generally might force humanity to reckon that humans have some notion of how it should be or ought to be, the kind of person it ought to be, and the kind of person others ought to expect people to be in terms of which human actions are shown to have failed, to be deficient or to have diminished in status. This means that when one is ashamed, one has lost face because the face one values and hopes to have has been displaced or defaced by another face, which is one that one regrets having or one that disgraces or embarrasses ([14], p. 308). Refusal to feel disgraced or embarrassed in killing another human being is precisely the condition of possibility for sustaining a campaign of verbal and physical terror perceived as indispensable when preparing to launch blackophobic attacks on some local African

**3.2 Narrative of HIV, stolen jobs and despoiled South African women by** 

market policies to create adequate choices of employment" ([6], p. 219).

Thus, in the epistemology of blackophobia in South Africa, homophobic language performs the function of the matchet; it contains ideological warrants which are the cues through which the black foreigner is spoken, thought of and written about as dispensable humanity or the "throw away people" ([6], p. 211). Linguistic

In *Welcome to Our Hillbrow*, Refilwe's mother's life is imperilled by a masculine ideology that projects "women" as "entitlements of Black South Africa men" ([6], p. 218). Fascist-like ideas are not the preserve of dictators or authoritarian rulers only; ordinary people can also be mass murderers. In South Africa since the intensification of the rhetoric of entitlement among black people, it has been the ordinary people, themselves, too poor who have become enthusiastic killers of foreign blacks [10]. Stone observes that xenophobic leaders can turn people into perpetrators through a process in which the ordinary people are allowed to take advantage of opportunities for unpunished inhumanity opened to them. Ordinary South African citizens are then emboldened to commit atrocities on fellow Africans because the locals are exposed to an entirely unfamiliar feeling of unlimited power and command ([21], p. 284). Admittedly some ordinary local blacks in the South African postcolony are reluctant to kill foreigners when coerced to do so. This reflects some positive agency within some South African citizens. However, when black foreigners continue to be killed during broad day light, on the watch of the police, senior ruling class politicians and officials from opposition political parties, this reveals a "tragic inversion [in which] immigrants are held responsible for the failure of free

**34**

democracy. Particularistic and nativist identitarian assertions enable local blacks to loot foreign-owned black shops ([1], p. 22). Black male South Africans arrogate for themselves the authority of being the guardians of South African women's sexualities against foreign black men and women spoken of as prostitutes and murderers ([1], p. 123). Foreign black men are depicted as human thieves; they are accused of stealing black South African women using monies assumed to have been derived from drugdealing. In this self-proclaimed role, local South African men silence the voice of local South African women while at the same time unwittingly confirming Makwerekwere as successful lovers and romantic caregivers to South African women ([1], p. 44).

However, *Welcome to Our Hillbrow* is relentless in deconstructing the notion that South Africa is not part of Africa. Disparate ideologies of historical exceptionalism fuelled in local black communities can be used by locals to discipline and punish African black foreigners. This is why the novel affirms a different kind of narrative of global nomadism only possible in an international context in which the idea of diaspora is asserted as the condition of possibility of migration characteristic of postmodernity. This is so because foreign blacks possess some skills that enable them to become lecturers and students at Wits, Rand Afrikaans University and Technikons in South Africa. This assertion implies that some of the black foreigners contribute positively to the South African economy. What is refuted in this acknowledgment refutes the stereotypes that most ordinary South Africans construct and use to attack black foreigners. However, it is to the credit of Mpe's dialectical imagination that surfaces the fact that in spite of positive agency, some black foreigners do drug trafficking. Some locals also are drawn into the vortex of the whirlwind of drug trafficking ([1], p. 18). A narrative that concedes that there are grey areas in the experiences of local people correctly undermines the discourses of purity insisted upon by white and black South African citizens. White criminals sell drugs, liquor and glue to street children, and white prostitutes sell their bodies to all and sundry ([1], p. 103). To ever name whites or people of Caucasian descent as drug dealers as does *Welcome to Our Hillbrow* is not the discourse that the masses and the black leadership would want to hear.

South African postcolony inherited criminal networks and syndicates run by local blacks and indirectly encouraged by some officials in the Ministry of Home Affairs. This public political structure occasionally sends out "uniformed men" who would coerce the black foreigners to give bribes in exchange for staying in the country. Some black foreign women without money bribed the officials and "bought their temporary freedom to roam the Hillbrow streets by dispensing under-waist bliss" ([1], p. 21). The stereotype of black foreign women as loose and dangerous is, thus, constructed by the very authorities who disavow it as morally reprehensible. However, the banality power and aesthetics of vulgarity [12] are further dramatised in the use of inflationary powers that local police command and often use arbitrarily to detain or deport black foreigners known to them as Makwerekwere ([1], p. 23).

Thus, in a new dispensation, the police still possess the very violent DNA that characterised apartheid methods of policing that included, among other things, a principle of divide and rule between black foreigners and native South Africans. The crimes of rape and murder committed by native South Africans are, in the grand narrative of the epistemology of xenophobia, repressed ([1], p. 23). What is rendered visible instead are stereotypical crimes attributed to black foreigners such as Nigerians and Algerians who are accused of being "drug dealers, or arms smugglers, engaged in trading weapons for their civil war-wracked countries" ([1], p. 101). However, this excessive signification of black foreigners is modified by other narratives in the novel that also insist in telling multiple stories of "AIDS and Makwerekwere and the many-sidedness of life and love in our Hillbrow and Tiragalong and everywhere" ([1], p. 95). The "many-sidedness" of lived experiences of the people of Tiragalong, Hillbrow and the rest of country is recalled

**37**

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities…*

the people of Tiragalong were not cleaner than everyone else ([1], p. 55).

denial. These stages do not have to be complete, and in fact rarely are.

among South Africa is manifested when he wrote that:

In a book entitled *Go Home or Die Here* [7], Thabo Mbeki then president of South Africa during the deadly 2008 xenophobic attacks on foreign blacks resident in South Africa denied that crimes against humanity were not committed by local South Africans. The basis of Mbeki's hard-nosed denial of xenophobic mentality

The instrumentality of language in attempting to constrain the plurality of the newly acquired identities within the communities of foreign blacks reveals that blackophobia is planned. In stage one black foreigners in South Africa are negatively imaged as economic vultures. To facilitate the movement towards mass violence, in stage two the black foreigners are stigmatised, and in stage three, the "vermin metaphor" is used by the perpetrator. In stage four, officials weigh in and further humiliate foreigners through deportations such as that carried out under operation Fiyela, which arbitrarily hold black foreigners in camps and then send black foreigners to their original countries without anything they had worked for. In this fourth stage, those black foreigners without papers are not given time to pick and pack their belongings as they are bundled into *nyala* vehicles and headed for their home countries. In addition in this stage, moral disengagement is facilitated by the natural tendency for individuals to blame the victims. In stage five it is unfortunate but acceptable to kill foreigners since the victims are no longer viewed as human but rather vermin to be exterminated or infected tissue needing to be excised. In stage six, the path towards mass murder and impunity increases the probability of violence. It is in stage seven where the final solution is imagined as a possible way to deal, once and for all, with the menace said to be posed by the existence of black foreigners within the communities of South African citizens. In stage eight, bystanders in the form of officials from the host countries and neighbouring countries provide tacit approval for hatred, discrimination and violence, through inaction by blaming the black foreigner for escaping poverty in their countries and daring to "invade" other people's countries with a host of diseases, crimes and anything negative that can be attached on the blamed. These stages of humiliating black foreigners discussed above might be described as classification, symbolization, dehumanisation, organisation, polarisation, preparation, extermination and

through the metaphors of vulnerability of some South Africans who were forced to seek refuge in Zambia, Zaire, Nigeria, etc. during the apartheid era. In the present historical moment of the publication of the novel, new memories of petty murders such as that of Piet by some locals abound. In direct contrast to the destructive streak of some local South Africans, Makwerekwere are portrayed as industrious people who sell vegetables in Hillbrow, thus making their experience of diaspora work to their advantage. National amnesia and forgetfulness is as much at the heart of the project of nation-building just as what is chosen to be remembered of the past. Collective forgetting can serve a narrow and populist nationalism rooted in self-delusion which is that democratic South Africa does not need the rest of Africa. Perpetrators of xenophobic violence rely on stereotypes to dehumanise their victims. The social figuration of foreign blacks in the collective imaginaries of some local South Africans allows them to depict the social group so defined as an outsider by abstracting the human qualities of targeted groups whose different values are conveniently represented immutable. Language is thus the first tool for killing the diversity of human beings. After the objectification of humanity through stereotyping, homophobes proceed to physically annihilate those that they have marked as victims. When black foreigners are depicted as diseased, drug peddlers and stealers of women and jobs, these descriptions act as ideological warrants that provide justification to violate the black foreigners. In *Welcome to Our Hillbrow* the images

*DOI: http://dx.doi.org/10.5772/intechopen.87245*

#### *Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities… DOI: http://dx.doi.org/10.5772/intechopen.87245*

through the metaphors of vulnerability of some South Africans who were forced to seek refuge in Zambia, Zaire, Nigeria, etc. during the apartheid era. In the present historical moment of the publication of the novel, new memories of petty murders such as that of Piet by some locals abound. In direct contrast to the destructive streak of some local South Africans, Makwerekwere are portrayed as industrious people who sell vegetables in Hillbrow, thus making their experience of diaspora work to their advantage. National amnesia and forgetfulness is as much at the heart of the project of nation-building just as what is chosen to be remembered of the past. Collective forgetting can serve a narrow and populist nationalism rooted in self-delusion which is that democratic South Africa does not need the rest of Africa.

Perpetrators of xenophobic violence rely on stereotypes to dehumanise their victims. The social figuration of foreign blacks in the collective imaginaries of some local South Africans allows them to depict the social group so defined as an outsider by abstracting the human qualities of targeted groups whose different values are conveniently represented immutable. Language is thus the first tool for killing the diversity of human beings. After the objectification of humanity through stereotyping, homophobes proceed to physically annihilate those that they have marked as victims. When black foreigners are depicted as diseased, drug peddlers and stealers of women and jobs, these descriptions act as ideological warrants that provide justification to violate the black foreigners. In *Welcome to Our Hillbrow* the images the people of Tiragalong were not cleaner than everyone else ([1], p. 55).

The instrumentality of language in attempting to constrain the plurality of the newly acquired identities within the communities of foreign blacks reveals that blackophobia is planned. In stage one black foreigners in South Africa are negatively imaged as economic vultures. To facilitate the movement towards mass violence, in stage two the black foreigners are stigmatised, and in stage three, the "vermin metaphor" is used by the perpetrator. In stage four, officials weigh in and further humiliate foreigners through deportations such as that carried out under operation Fiyela, which arbitrarily hold black foreigners in camps and then send black foreigners to their original countries without anything they had worked for. In this fourth stage, those black foreigners without papers are not given time to pick and pack their belongings as they are bundled into *nyala* vehicles and headed for their home countries. In addition in this stage, moral disengagement is facilitated by the natural tendency for individuals to blame the victims. In stage five it is unfortunate but acceptable to kill foreigners since the victims are no longer viewed as human but rather vermin to be exterminated or infected tissue needing to be excised. In stage six, the path towards mass murder and impunity increases the probability of violence. It is in stage seven where the final solution is imagined as a possible way to deal, once and for all, with the menace said to be posed by the existence of black foreigners within the communities of South African citizens. In stage eight, bystanders in the form of officials from the host countries and neighbouring countries provide tacit approval for hatred, discrimination and violence, through inaction by blaming the black foreigner for escaping poverty in their countries and daring to "invade" other people's countries with a host of diseases, crimes and anything negative that can be attached on the blamed. These stages of humiliating black foreigners discussed above might be described as classification, symbolization, dehumanisation, organisation, polarisation, preparation, extermination and denial. These stages do not have to be complete, and in fact rarely are.

In a book entitled *Go Home or Die Here* [7], Thabo Mbeki then president of South Africa during the deadly 2008 xenophobic attacks on foreign blacks resident in South Africa denied that crimes against humanity were not committed by local South Africans. The basis of Mbeki's hard-nosed denial of xenophobic mentality among South Africa is manifested when he wrote that:

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

democracy. Particularistic and nativist identitarian assertions enable local blacks to loot foreign-owned black shops ([1], p. 22). Black male South Africans arrogate for themselves the authority of being the guardians of South African women's sexualities against foreign black men and women spoken of as prostitutes and murderers ([1], p. 123). Foreign black men are depicted as human thieves; they are accused of stealing black South African women using monies assumed to have been derived from drugdealing. In this self-proclaimed role, local South African men silence the voice of local South African women while at the same time unwittingly confirming Makwerekwere as successful lovers and romantic caregivers to South African women ([1], p. 44). However, *Welcome to Our Hillbrow* is relentless in deconstructing the notion that South Africa is not part of Africa. Disparate ideologies of historical exceptionalism fuelled in local black communities can be used by locals to discipline and punish African black foreigners. This is why the novel affirms a different kind of narrative of global nomadism only possible in an international context in which the idea of diaspora is asserted as the condition of possibility of migration characteristic of postmodernity. This is so because foreign blacks possess some skills that enable them to become lecturers and students at Wits, Rand Afrikaans University and Technikons in South Africa. This assertion implies that some of the black foreigners contribute positively to the South African economy. What is refuted in this acknowledgment refutes the stereotypes that most ordinary South Africans construct and use to attack black foreigners. However, it is to the credit of Mpe's dialectical imagination that surfaces the fact that in spite of positive agency, some black foreigners do drug trafficking. Some locals also are drawn into the vortex of the whirlwind of drug trafficking ([1], p. 18). A narrative that concedes that there are grey areas in the experiences of local people correctly undermines the discourses of purity insisted upon by white and black South African citizens. White criminals sell drugs, liquor and glue to street children, and white prostitutes sell their bodies to all and sundry ([1], p. 103). To ever name whites or people of Caucasian descent as drug dealers as does *Welcome to Our Hillbrow* is not

the discourse that the masses and the black leadership would want to hear.

South African postcolony inherited criminal networks and syndicates run by local blacks and indirectly encouraged by some officials in the Ministry of Home Affairs. This public political structure occasionally sends out "uniformed men" who would coerce the black foreigners to give bribes in exchange for staying in the country. Some black foreign women without money bribed the officials and "bought their temporary freedom to roam the Hillbrow streets by dispensing under-waist bliss" ([1], p. 21). The stereotype of black foreign women as loose and dangerous is, thus, constructed by the very authorities who disavow it as morally reprehensible. However, the banality power and aesthetics of vulgarity [12] are further dramatised in the use of inflationary powers that local police command and often use arbitrarily to detain or deport black foreigners known to them as Makwerekwere ([1], p. 23). Thus, in a new dispensation, the police still possess the very violent DNA that characterised apartheid methods of policing that included, among other things, a principle of divide and rule between black foreigners and native South Africans. The crimes of rape and murder committed by native South Africans are, in the grand narrative of the epistemology of xenophobia, repressed ([1], p. 23). What is rendered visible instead are stereotypical crimes attributed to black foreigners such as Nigerians and Algerians who are accused of being "drug dealers, or arms smugglers, engaged in trading weapons for their civil war-wracked countries" ([1], p. 101). However, this excessive signification of black foreigners is modified by other narratives in the novel that also insist in telling multiple stories of "AIDS and Makwerekwere and the many-sidedness of life and love in our Hillbrow and Tiragalong and everywhere" ([1], p. 95). The "many-sidedness" of lived experiences of the people of Tiragalong, Hillbrow and the rest of country is recalled

**36**

*When I heard some accuse my people of xenophobia, of hatred of foreigners, I wondered what the accusers knew of my people, which I did not know….The dark days of May which have brought us here today were visited on our country by people who acted with criminal intent. What happened during these days was not inspired by a perverse nationalism, or extreme chauvinism, resulting in our communities violently expressing the hitherto unknown sentiment of mass and mindless hatred of foreigners – xenophobia …and this I must also say – none in our society has any right to encourage or incite xenophobia by trying to explain naked criminal activity by cloaking it in the garb of xenophobia ([7], p. 4).*

In the above passage, local South Africans are described as "my people", and the killing of more than 63 foreign blacks and some few South Africans is demoted to a petty criminal act. When such defence of xenophobia come from the holders of power in the country's highest political office, this emboldens and licences ordinary South Africans to kill foreign blacks with impunity. Thus, Mbeki provided sanctioning metaphors of discursive violence that the citizens of South Africa would refine and deploy in the future whenever they justified violating black foreigners. "Criminal intent" is precisely one of the UN's 1948 definitions of genocide, and in all blackophobic attacks after 1994, critical intent and violent expressions of resentment of black foreigners are openly demonstrated by South African masses who police, harass and kill black foreigners on the watch of South African police.

#### **4. Conclusion**

The aim of this chapter was to explore the experience of diaspora as represented in two novels from South Africa. It was argued that in *Nyambo Dze Joni*, the representation of the government of Nelson Mandela, Thabo Mbeki and Jacob Zuma is not flattering because black people from other countries were and continued to be generally regarded as trespassers. And as with trespassers, black foreign life mattered little, and these people could be killed on the watch of the new black South African ruling and educated elites. This phenomenon of blackophobia was also creatively debated in *Welcome to Our Hillbrow*, a novel that shows that in the constitutional democracy of the South African postcolony; the target of fear of the *other* by ordinary and educated people in South Africa is specific and specified as the black foreigners. The novel highlighted how the language charged with stereotypes is the first war waged against black foreigners. This figurative abuse of black of foreigners through derogatory language forebodes the physical destruction of black foreigners. However, diasporic identities depicted in the two novels refuse to speak to a single identity. Even in the most hostile circumstances, black foreigners in South Africa have forged new social networks, sent their children to schools, remit some money back to their extended families in their countries, bought or build houses and made South Africa their home by working as general labourers and professionals in government and private firms. Thus, the ability to command multiple identities refutes the perceptions that link diaspora with dispossession and marginality, only.

**39**

**Author details**

Maurice Taonezvzi Vambe

mauricevambe@gmail.com

University of South Africa, South Africa

provided the original work is properly cited.

\*Address all correspondence to: vambemt@unisa.ac.za;

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium,

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities…*

*DOI: http://dx.doi.org/10.5772/intechopen.87245*

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities… DOI: http://dx.doi.org/10.5772/intechopen.87245*

### **Author details**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

*activity by cloaking it in the garb of xenophobia ([7], p. 4).*

*When I heard some accuse my people of xenophobia, of hatred of foreigners, I wondered what the accusers knew of my people, which I did not know….The dark days of May which have brought us here today were visited on our country by people who acted with criminal intent. What happened during these days was not inspired by a perverse nationalism, or extreme chauvinism, resulting in our communities violently expressing the hitherto unknown sentiment of mass and mindless hatred of foreigners – xenophobia …and this I must also say – none in our society has any right to encourage or incite xenophobia by trying to explain naked criminal* 

In the above passage, local South Africans are described as "my people", and the killing of more than 63 foreign blacks and some few South Africans is demoted to a petty criminal act. When such defence of xenophobia come from the holders of power in the country's highest political office, this emboldens and licences ordinary South Africans to kill foreign blacks with impunity. Thus, Mbeki provided sanctioning metaphors of discursive violence that the citizens of South Africa would refine and deploy in the future whenever they justified violating black foreigners. "Criminal intent" is precisely one of the UN's 1948 definitions of genocide, and in all blackophobic attacks after 1994, critical intent and violent expressions of resentment of black foreigners are openly demonstrated by South African masses who police, harass and kill black foreigners on the watch of South African police.

The aim of this chapter was to explore the experience of diaspora as represented in two novels from South Africa. It was argued that in *Nyambo Dze Joni*, the representation of the government of Nelson Mandela, Thabo Mbeki and Jacob Zuma is not flattering because black people from other countries were and continued to be generally regarded as trespassers. And as with trespassers, black foreign life mattered little, and these people could be killed on the watch of the new black South African ruling and educated elites. This phenomenon of blackophobia was also creatively debated in *Welcome to Our Hillbrow*, a novel that shows that in the constitutional democracy of the South African postcolony; the target of fear of the *other* by ordinary and educated people in South Africa is specific and specified as the black foreigners. The novel highlighted how the language charged with stereotypes is the first war waged against black foreigners. This figurative abuse of black of foreigners through derogatory language forebodes the physical destruction of black foreigners. However, diasporic identities depicted in the two novels refuse to speak to a single identity. Even in the most hostile circumstances, black foreigners in South Africa have forged new social networks, sent their children to schools, remit some money back to their extended families in their countries, bought or build houses and made South Africa their home by working as general labourers and professionals in government and private firms. Thus, the ability to command multiple identities refutes

the perceptions that link diaspora with dispossession and marginality, only.

**38**

**4. Conclusion**

Maurice Taonezvzi Vambe University of South Africa, South Africa

\*Address all correspondence to: vambemt@unisa.ac.za; mauricevambe@gmail.com

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

### **References**

[1] Mpe P. Welcome to Our Hillbrow. 1st ed. Pietermaritzburg: University of Natal Press; 2001 124 p. ISBN: 13: 9780869809952

[2] Mutasa D. Nyambo DzeJoni. 1st ed. Gweru: Mambo Press; 2000 134 p. ISBN: 0869227556

[3] Arendt H. The Origins of Totalitarianism. 1st ed. New York: Schocken Books; 2004.674 p. ISBN: 0-8052-4225-2

[4] Eze E. Epistemic conditions for genocide. In: Roth JK, editor. Genocide and Human Rights: A Philosophical Guide. 1st ed. New York: Palgrave Macmillan; 2005. pp. 115-129. ISBN: 1-4039-3548-3

[5] Elboubekri A. Tenacious diasporic homelessness in Moroccan Dutch writing: A. Benali's "May the sun Shine tomorrow," and H Baouazza's "the crossing' as a case of study". African and Black Diaspora: An International Journal. 2015;**125**:25-38. DOI: 10.1080/17528631.2014.966954

[6] Gqola PD. Brutal Echoes, Negrophobia and Masculine Violence. In: Hassim S, Kupe T, Worsby E, editors. Go Home or Die Here: Violence, Xenophobia and the Reinvention of Difference in South Africa, 1st ed. Johannesburg: Wits University Press; 2008. pp. 209-224. ISBN: 978-1-86814-487-7

[7] Hassim S, Kupe T, Worsby E. Editors. Go Home or Die Here: Violence, Xenophobia and the Reinvention of Difference in South Africa. 1st ed. Johannesburg: Wits University Press; 2008. 259 p. ISBN: 978-1-86814-487-7

[8] Hornberger J. Policing xenophobiaxenophobia policing: A clash of legitimacy. In: Hassim S, Kupe T, Worsby E, editors. Go Home or Die

Here: Violence, Xenophobia and the Reinvention of Difference in South Africa. 1st ed. Johannesburg: Wits University Press; 2008. pp. 134-143. ISBN: 978-1-86814-487-7

[9] Krog A. Country of my Skull. 1st ed. London: Vintage; 1999. 454 p. ISBN: 0958419531

[10] Mamdani M. When Victims Become Killers: Colonialism, Nativism and the Genocide in Rwanda. 3rd ed. Princeton and Oxford: Oxford University Press; 2001. 364 p. ISBN: 0-691-10280-5

[11] May L. Genocide: A Normative Account. 1st ed. Cambridge: Cambridge University Press; 2010. 283 p. ISBN: 978-0-521-12296-2

[12] Mbembe A. On the Postcolony. 1st ed. Berkerly, Los Angeles & London: University of California Press; 2001. 273 p. ISBN: 0-520-20435-2

[13] Mensah J, Christopher JW. Seeing/ being double: How African immigrants in Canada balance their ethno-racial and national identities. African and Black Diaspora: An International Journal. 2015;**125**:39-54. DOI: 10.1080/17528631.2014.986024

[14] Morgan ML. Shame, the holocaust and dark times. In: Roth JK, editor. Genocide and Human Rights: A Philosophical Guide. 1st ed. New York: Palgrave Macmillan; 2005. pp. 304-325. ISBN: 1-4039-3548-3

[15] Ndebele SN. Rediscovery of the Ordinary: Essays on South African Literature and Culture. 1st ed. Johannesburg: Congress of South African Writers; 1991. 160 p. ISBN: 1874879079

[16] Nyamnjoh FB. Insiders & Outsiders: Citizenship and Xenophobia in Contemporary Southern Africa. 1st ed.

**41**

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities…*

*DOI: http://dx.doi.org/10.5772/intechopen.87245*

Dakar: Codersia Books; 2006. 273 p.

[17] Pinetch EA. The Challenges of living here and there': Conflicting narratives of intermarriage between Cameroonian migrants and South Africans in Johannesburg. African and Black Diaspora. 2015;**125**:71-85. DOI: 10.1080/17528631.2014.966958

[18] Phillips DZ. The holocaust and language. In: Roth JK, editor. Genocide and Human Rights: A Philosophical Guide. 1st, 1st ed ed. London: Macmillan Palgrave; 2005. pp. 46-64

[19] Pillay D. Relative deprivation, social instability and cultures of entitlements. In: Hassim S, Kupe T, Worsby E, editors. Go Home or Die Here: Violence, Xenophobia and the Reinvention of Difference in South Africa. 1st ed. Johannesburg: Wits University Press; 2008. pp. 93-104.

ISBN: 978-1-86814-487-7

[20] Sachs A. Preparing ourselves for freedom. In: Olaniyan T,

138. ISBN: 978-1-4051-1201-7

Quayson A, editors. African Literature: An Anthology of Criticism and Theory. 1st ed. Oxford: Blackwell; 2007. pp. 132-

[21] Stone D. White men with low moral standards? German anthropology and the Herero genocide. In: Moses AD, Stone D, editors. Colonialism and Genocide. 1st ed. London & New York: Routledge; 2007, 2007. pp. 181-196. ISBN: 13: 978-0-415-40066-4

ISBN: 978 1 84277 677 3

*Stories of Milk, Honey and Bile: Representing Diasporic African Foreigner's Identities… DOI: http://dx.doi.org/10.5772/intechopen.87245*

Dakar: Codersia Books; 2006. 273 p. ISBN: 978 1 84277 677 3

[17] Pinetch EA. The Challenges of living here and there': Conflicting narratives of intermarriage between Cameroonian migrants and South Africans in Johannesburg. African and Black Diaspora. 2015;**125**:71-85. DOI: 10.1080/17528631.2014.966958

[18] Phillips DZ. The holocaust and language. In: Roth JK, editor. Genocide and Human Rights: A Philosophical Guide. 1st, 1st ed ed. London: Macmillan Palgrave; 2005. pp. 46-64

[19] Pillay D. Relative deprivation, social instability and cultures of entitlements. In: Hassim S, Kupe T, Worsby E, editors. Go Home or Die Here: Violence, Xenophobia and the Reinvention of Difference in South Africa. 1st ed. Johannesburg: Wits University Press; 2008. pp. 93-104. ISBN: 978-1-86814-487-7

[20] Sachs A. Preparing ourselves for freedom. In: Olaniyan T, Quayson A, editors. African Literature: An Anthology of Criticism and Theory. 1st ed. Oxford: Blackwell; 2007. pp. 132- 138. ISBN: 978-1-4051-1201-7

[21] Stone D. White men with low moral standards? German anthropology and the Herero genocide. In: Moses AD, Stone D, editors. Colonialism and Genocide. 1st ed. London & New York: Routledge; 2007, 2007. pp. 181-196. ISBN: 13: 978-0-415-40066-4

**40**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

Here: Violence, Xenophobia and the Reinvention of Difference in South Africa. 1st ed. Johannesburg: Wits University Press; 2008. pp. 134-143.

[9] Krog A. Country of my Skull. 1st ed. London: Vintage; 1999. 454 p. ISBN:

[10] Mamdani M. When Victims Become Killers: Colonialism, Nativism and the Genocide in Rwanda. 3rd ed. Princeton and Oxford: Oxford University Press; 2001. 364 p. ISBN: 0-691-10280-5

[11] May L. Genocide: A Normative Account. 1st ed. Cambridge: Cambridge University Press; 2010. 283 p. ISBN:

[12] Mbembe A. On the Postcolony. 1st ed. Berkerly, Los Angeles & London: University of California Press; 2001. 273

[13] Mensah J, Christopher JW. Seeing/ being double: How African immigrants in Canada balance their ethno-racial and national identities. African and Black Diaspora: An International Journal. 2015;**125**:39-54. DOI: 10.1080/17528631.2014.986024

[14] Morgan ML. Shame, the holocaust and dark times. In: Roth JK, editor. Genocide and Human Rights: A Philosophical Guide. 1st ed. New York: Palgrave Macmillan; 2005. pp. 304-325.

[15] Ndebele SN. Rediscovery of the Ordinary: Essays on South African Literature and Culture. 1st ed. Johannesburg: Congress of South African Writers; 1991. 160 p. ISBN:

[16] Nyamnjoh FB. Insiders & Outsiders:

Contemporary Southern Africa. 1st ed.

Citizenship and Xenophobia in

ISBN: 978-1-86814-487-7

0958419531

978-0-521-12296-2

p. ISBN: 0-520-20435-2

ISBN: 1-4039-3548-3

1874879079

[1] Mpe P. Welcome to Our Hillbrow. 1st ed. Pietermaritzburg: University of Natal Press; 2001 124 p. ISBN: 13:

[2] Mutasa D. Nyambo DzeJoni. 1st ed. Gweru: Mambo Press; 2000 134 p. ISBN:

[3] Arendt H. The Origins of Totalitarianism. 1st ed. New York: Schocken Books; 2004.674 p. ISBN:

[4] Eze E. Epistemic conditions for genocide. In: Roth JK, editor. Genocide and Human Rights: A Philosophical Guide. 1st ed. New York: Palgrave Macmillan; 2005. pp. 115-129. ISBN:

[5] Elboubekri A. Tenacious diasporic homelessness in Moroccan Dutch writing: A. Benali's "May the sun Shine tomorrow," and H Baouazza's "the crossing' as a case of study". African and Black Diaspora: An International

Journal. 2015;**125**:25-38. DOI: 10.1080/17528631.2014.966954

[6] Gqola PD. Brutal Echoes,

978-1-86814-487-7

Negrophobia and Masculine Violence. In: Hassim S, Kupe T, Worsby E,

editors. Go Home or Die Here: Violence, Xenophobia and the Reinvention of Difference in South Africa, 1st ed. Johannesburg: Wits University Press; 2008. pp. 209-224. ISBN:

[7] Hassim S, Kupe T, Worsby E. Editors.

[8] Hornberger J. Policing xenophobiaxenophobia policing: A clash of legitimacy. In: Hassim S, Kupe T, Worsby E, editors. Go Home or Die

Go Home or Die Here: Violence, Xenophobia and the Reinvention of Difference in South Africa. 1st ed. Johannesburg: Wits University Press; 2008. 259 p. ISBN: 978-1-86814-487-7

9780869809952

**References**

0869227556

0-8052-4225-2

1-4039-3548-3

**43**

Section 2

America - Canada, Chile

and Colombia

### Section 2

## America - Canada, Chile and Colombia

**45**

**Chapter 3**

Canada

**Abstract**

diversity, health

**1. Introduction**

*Carina Fiedeldey-Van Dijk*

Feeding the Roots of Cultural

Identity: Indigenous Wellness in

While responses to native addictions and mental issues are continued priorities, the overarching focus is to recognize the diasporic status of indigenous peoples, to improve native wellness, and to establish cross-cultural identity for all Canadians.

approaches, alongside which relational structures—elders, families, communities, creation—play essential roles in native whole health. A comprehensive Continuum Framework guides federal, provincial, and territorial stakeholder efforts toward native wellness, supported by engaging indigenous communities. Indigenous wellness balances the physical, spiritual, emotional, and mental quadrants of whole health. Balanced well-being is enriched by (i) purpose in individuals' daily lives through education, employment, caregiving, and cultural ways of being and doing; (ii) hope for the future grounded in a sense of core identity, indigenous values, and spirit; (iii) a sense of belonging and connectedness with all relations and culture; and (iv) understanding and deriving meaning from individual, family, and community lives as part of creation and rich history. Indigenous philosophy can be understood and appreciated through the lenses of various Western theoretical approaches that are constructionist by design, whereby Canadians may get one step closer toward achieving a cross-cultural identity. This shared vision requires innovative

Historical culture, ways of knowing and language support strength-based

leadership, sustained commitment, and effective partnerships.

**Keywords:** indigenous wellness, cultural identity, wholeness, two-eyed seeing,

Canada is marked by cultural multiplicity as a result of its rich history and accommodating immigration policies [1]. These factors result in a national identity marked by increasing human diversity, which Canadians are rightly proud of. As Canada seeks to prosper in a global economy, one should hope that its diverse character is optimally utilized to lead by example from a human rights perspective, which gives it a competitive advantage. Yet, still more can be done at home base, specifically when considering the need for deepening understanding and respect given the presence of diaspora within Canada created by tensions between its Western populations (including select country immigrants pocketed in distinct neighborhoods) and indigenous peoples (also referred to as natives). The latter group has lived in what is now Canada long before the first European settlers

#### **Chapter 3**

## Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada

*Carina Fiedeldey-Van Dijk*

#### **Abstract**

While responses to native addictions and mental issues are continued priorities, the overarching focus is to recognize the diasporic status of indigenous peoples, to improve native wellness, and to establish cross-cultural identity for all Canadians. Historical culture, ways of knowing and language support strength-based approaches, alongside which relational structures—elders, families, communities, creation—play essential roles in native whole health. A comprehensive Continuum Framework guides federal, provincial, and territorial stakeholder efforts toward native wellness, supported by engaging indigenous communities. Indigenous wellness balances the physical, spiritual, emotional, and mental quadrants of whole health. Balanced well-being is enriched by (i) purpose in individuals' daily lives through education, employment, caregiving, and cultural ways of being and doing; (ii) hope for the future grounded in a sense of core identity, indigenous values, and spirit; (iii) a sense of belonging and connectedness with all relations and culture; and (iv) understanding and deriving meaning from individual, family, and community lives as part of creation and rich history. Indigenous philosophy can be understood and appreciated through the lenses of various Western theoretical approaches that are constructionist by design, whereby Canadians may get one step closer toward achieving a cross-cultural identity. This shared vision requires innovative leadership, sustained commitment, and effective partnerships.

**Keywords:** indigenous wellness, cultural identity, wholeness, two-eyed seeing, diversity, health

#### **1. Introduction**

Canada is marked by cultural multiplicity as a result of its rich history and accommodating immigration policies [1]. These factors result in a national identity marked by increasing human diversity, which Canadians are rightly proud of. As Canada seeks to prosper in a global economy, one should hope that its diverse character is optimally utilized to lead by example from a human rights perspective, which gives it a competitive advantage. Yet, still more can be done at home base, specifically when considering the need for deepening understanding and respect given the presence of diaspora within Canada created by tensions between its Western populations (including select country immigrants pocketed in distinct neighborhoods) and indigenous peoples (also referred to as natives). The latter group has lived in what is now Canada long before the first European settlers

arrived here and colored this country's past and continues to do so today and into the future. Hence, Canadians together need to invest more in integrated human and cultural potential and embrace our combined power as a diasporic nation from the roots up and out.

As Canada's indigenous peoples work to rebuild strong identity by revisiting their roots, it creates golden opportunities to ponder connection points and strengthen bridges in the interest of collectivistic and individualistic fusion at the same time when Canada's inhabitants become more globally mobile with sustained international contact and exponentially adopt multiple national and/or international identities also.

The presence of a diaspora associated with a country is a powerful economic and social source of knowledge and ownership. When smartly managed, it creates opportunities to connect, circulate information and create new knowledge, and to build trust and co-responsibility through confidence in the spirit of cross-cultural unison. While the discussion in this chapter focuses on Canada, highlighted implications can be inferred around the globe.

#### **2. Intramural diaspora**

Although referenced as far back as 1594, the term *diaspora* originally referred to colonies of Jews who settled in a scattered fashion outside ancient Palestine (i.e., present-day Israel) after the Babylonian exile thousands of years ago in 586 BC [2]. Diaspora effectively refers to a physical dispersion or spreading of people with a common origin, background, type, or ethos for reasons of religion or eschatology, philosophy, or politics, where the attachment to the original remains and the original ideology of nationalism or "one nation" is fraught for all practical purposes. Today the term refers to any people who were forced to or live by choice in places away from their ancestral or established homelands [3]. Often diaspora is irrevocable, so that new and creative means need to be found to address its implications effectively.

Canada's historical actions related to settler colonization as Europeans took lands from its indigenous peoples, combined with the practice of removing approximately 150,000 native children from their communities to be assimilated via residential schools between 1840 and 1996 and concerted efforts to outnumber them, render this group a diasporic culture within its national borders. The dispersion by the interventions of Europeans convinced of their superiority, and the later displacement of native families by putting large numbers of indigenous children in foster care in the 1960s (called the Sixties Scoop) by state authorities, resulted in alienation [4]. This led to distorted and sometimes romanticized memories of indigenous homeland with an understandable desire to return to what was before rather than to assimilate midair, and a wedging of heightened consciousness of past experiences. The historical events left them marginalized, and many suffered broken or different identities defined by these experiences [5].

The past actions left wounds still in process of healing no matter how many Canadian government officials and Catholic Church representatives have apologized and if government officials started to act on their duty as a principled part of the Honor of the Crown to consult with natives in any industry activities that may potentially adversely affect them. In response, the complexity of resulting feelings due to separation and banishment is expressed in variable and unique ways [6]. Yet, the ignorant and those not directly affected by diaspora still lack insight and cannot relate, so that these profound emotions become epistemic and part of the diasporic character of those negatively impacted.

**47**

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada*

**3. Indigenous peoples in Canada as a diasporic group**

than four times the rate of the non-aboriginal population in Canada.

for non-reserve communities with efficient systems in place.

systems that regulated traditional practices.

In other words, indigenous peoples as a group contain all critical diasporic markings even when living within the vast geographical boundaries of Canada. These trends heighten the necessity to expand on the simple, extramural nature in which we conventionally define *diaspora*. We coin the term *intramural diaspora* for this purpose, as it has application value for multiple groups internationally also. Intramural diaspora opens the door for looking at marginalized and minority groups within a country that might otherwise fall through the cracks and allows for learning about diasporic implications specific to groups and their circumstances such as Canadian natives.

Canadian natives, also called indigenous peoples, are categorized into three distinctive groups of First Nations (60.0% with more than 600 bands of which some live on reserves), Métis (36.1%), and Inuit (4.0%) as recognized in the Canadian Constitution Act of 1982, Sections 25 and 35 especially [7]. According to the 2016 National Census, indigenous peoples are comparatively young in age and represent 4.9% of the total Canadian population [8]. Natives are growing in numbers for natural reasons (particularly based on fertility rate and life expectancy) and, importantly, also via self-reported identification. Indigenous peoples grow by more

While the number of indigenous peoples living in metropolitan areas within Canada is growing due to increased mobility and acculturation, significant population growth is evident both off reserve (+49.1%) and on reserve (+12.8%) where currently 44.2% of First Nations people with registered or treaty Indian status live [8]. An Indian reserve in Canada is specified by the Indian Act (another Canadian Act of Parliament [9]) as a tract of land with a legal title that has been set apart and held in trust for exclusive Indian band use by specifically Her Majesty, the Queen of England, as the sovereign in this country as a matter of constitutional law since February 6, 1952. Long before 1876, region-specific colonial authorities with the consent of some Canadian natives informally acted on the reasoning that reserves may be a viable solution to land disputes and other cultural conflicts between the natives and European settlers and numerous treaties were signed over the years. Today's Indian reserves are federally regulated through administrative and political structures, which continue to typically cater for non-reserve communities. Existing gaps in services and infrastructure identified through environmental audits, such as the regulation of waste disposal, water monitoring, and air pollution, are noted and a concern, as these are typically handled provincially and municipally

Soon after indigenous peoples signed the treaties, pragmatic issues associated with reserves were born from the fact that they understood that lands and resources would be shared and that traditional practices such as food gathering and ceremonial interventions, among others, could continue undisturbed. Instead, natives were indefinitely confined or forced to develop the land into more modern agricultural practices. This issue was exacerbated by native displacement to lands on which housing was designed for nuclear family units rather than extended family systems, which forcibly disrupted social networks and broke up long-established kinship

Furthermore, natives were displaced onto lands that were generally less fertile and poorly suited for agriculture, which later became the grounds for the

*DOI: http://dx.doi.org/10.5772/intechopen.87583*

**3.1 Reserves as diasporic launch**

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada DOI: http://dx.doi.org/10.5772/intechopen.87583*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

roots up and out.

tional identities also.

**2. Intramural diaspora**

cations can be inferred around the globe.

address its implications effectively.

character of those negatively impacted.

arrived here and colored this country's past and continues to do so today and into the future. Hence, Canadians together need to invest more in integrated human and cultural potential and embrace our combined power as a diasporic nation from the

As Canada's indigenous peoples work to rebuild strong identity by revisiting their roots, it creates golden opportunities to ponder connection points and strengthen bridges in the interest of collectivistic and individualistic fusion at the same time when Canada's inhabitants become more globally mobile with sustained international contact and exponentially adopt multiple national and/or interna-

The presence of a diaspora associated with a country is a powerful economic and social source of knowledge and ownership. When smartly managed, it creates opportunities to connect, circulate information and create new knowledge, and to build trust and co-responsibility through confidence in the spirit of cross-cultural unison. While the discussion in this chapter focuses on Canada, highlighted impli-

Although referenced as far back as 1594, the term *diaspora* originally referred to colonies of Jews who settled in a scattered fashion outside ancient Palestine (i.e., present-day Israel) after the Babylonian exile thousands of years ago in 586 BC [2]. Diaspora effectively refers to a physical dispersion or spreading of people with a common origin, background, type, or ethos for reasons of religion or eschatology, philosophy, or politics, where the attachment to the original remains and the original ideology of nationalism or "one nation" is fraught for all practical purposes. Today the term refers to any people who were forced to or live by choice in places away from their ancestral or established homelands [3]. Often diaspora is irrevocable, so that new and creative means need to be found to

Canada's historical actions related to settler colonization as Europeans took lands from its indigenous peoples, combined with the practice of removing approximately 150,000 native children from their communities to be assimilated via residential schools between 1840 and 1996 and concerted efforts to outnumber them, render this group a diasporic culture within its national borders. The dispersion by the interventions of Europeans convinced of their superiority, and the later displacement of native families by putting large numbers of indigenous children in foster care in the 1960s (called the Sixties Scoop) by state authorities, resulted in alienation [4]. This led to distorted and sometimes romanticized memories of indigenous homeland with an understandable desire to return to what was before rather than to assimilate midair, and a wedging of heightened consciousness of past experiences. The historical events left them marginalized, and many suffered

The past actions left wounds still in process of healing no matter how many Canadian government officials and Catholic Church representatives have apologized and if government officials started to act on their duty as a principled part of the Honor of the Crown to consult with natives in any industry activities that may potentially adversely affect them. In response, the complexity of resulting feelings due to separation and banishment is expressed in variable and unique ways [6]. Yet, the ignorant and those not directly affected by diaspora still lack insight and cannot relate, so that these profound emotions become epistemic and part of the diasporic

broken or different identities defined by these experiences [5].

**46**

In other words, indigenous peoples as a group contain all critical diasporic markings even when living within the vast geographical boundaries of Canada. These trends heighten the necessity to expand on the simple, extramural nature in which we conventionally define *diaspora*. We coin the term *intramural diaspora* for this purpose, as it has application value for multiple groups internationally also. Intramural diaspora opens the door for looking at marginalized and minority groups within a country that might otherwise fall through the cracks and allows for learning about diasporic implications specific to groups and their circumstances such as Canadian natives.

#### **3. Indigenous peoples in Canada as a diasporic group**

Canadian natives, also called indigenous peoples, are categorized into three distinctive groups of First Nations (60.0% with more than 600 bands of which some live on reserves), Métis (36.1%), and Inuit (4.0%) as recognized in the Canadian Constitution Act of 1982, Sections 25 and 35 especially [7]. According to the 2016 National Census, indigenous peoples are comparatively young in age and represent 4.9% of the total Canadian population [8]. Natives are growing in numbers for natural reasons (particularly based on fertility rate and life expectancy) and, importantly, also via self-reported identification. Indigenous peoples grow by more than four times the rate of the non-aboriginal population in Canada.

#### **3.1 Reserves as diasporic launch**

While the number of indigenous peoples living in metropolitan areas within Canada is growing due to increased mobility and acculturation, significant population growth is evident both off reserve (+49.1%) and on reserve (+12.8%) where currently 44.2% of First Nations people with registered or treaty Indian status live [8].

An Indian reserve in Canada is specified by the Indian Act (another Canadian Act of Parliament [9]) as a tract of land with a legal title that has been set apart and held in trust for exclusive Indian band use by specifically Her Majesty, the Queen of England, as the sovereign in this country as a matter of constitutional law since February 6, 1952. Long before 1876, region-specific colonial authorities with the consent of some Canadian natives informally acted on the reasoning that reserves may be a viable solution to land disputes and other cultural conflicts between the natives and European settlers and numerous treaties were signed over the years.

Today's Indian reserves are federally regulated through administrative and political structures, which continue to typically cater for non-reserve communities. Existing gaps in services and infrastructure identified through environmental audits, such as the regulation of waste disposal, water monitoring, and air pollution, are noted and a concern, as these are typically handled provincially and municipally for non-reserve communities with efficient systems in place.

Soon after indigenous peoples signed the treaties, pragmatic issues associated with reserves were born from the fact that they understood that lands and resources would be shared and that traditional practices such as food gathering and ceremonial interventions, among others, could continue undisturbed. Instead, natives were indefinitely confined or forced to develop the land into more modern agricultural practices. This issue was exacerbated by native displacement to lands on which housing was designed for nuclear family units rather than extended family systems, which forcibly disrupted social networks and broke up long-established kinship systems that regulated traditional practices.

Furthermore, natives were displaced onto lands that were generally less fertile and poorly suited for agriculture, which later became the grounds for the government taking away lands and engaging in discriminating legislating practices. This occurred on top of marginalization from the capitalist immigrant workforce, overt racism, urban centralization of industry accompanied by its technological advances lying far away from reserves, and later cultural genocide instigated by implementing assimilation programs such as the residential schools [10]. It is no wonder that poverty with associated socioeconomic, environmental, abuse, and mental problems raised their ugly heads as a result. Conflict between natives and others in Canada originated from land and still is centered around land today.

#### **3.2 Intramural diaspora as an opportunity for progress**

The uninformed may not realize that the borders of allotted reserves are often different from original, indigenous territories, which are often larger and which house ancestry and the ceremonial sites for cultural and spiritual practices, as well as socioeconomic activities. Entry into the larger territories is vital for native wellness as a whole and specifically for maintaining roots for a strong indigenous identity. These are difficult to uphold when traditional territories are lost or inaccessible for indigenous peoples in Canada, but with resilience they survived in spite of generations of struggle, ironically thanks to segregation. This is not totally surprising as diasporic groups are known to stick together through shared experience [4, 10].

For national progression it means though that indigenous peoples' original connection to their land needs to be honored as a critical step in representing Canada cross-culturally as one nation. Advances made in this respect will signal recognition and acknowledgment of the complex relationship we have with each other through this land. Land offers sustainability, and when subsistent ways of life are lost, a collective dependence is created on governments. One-directional proposals such as abolishment of reserves (and thereby Canadian governments' obligations to indigenous peoples) or the assimilation of natives into non-aboriginal diverse society are largely uninformed suggestions for oversimplified solutions. Collaborative work with a shared goal of striving toward effective solutions includes opportunities to capitalize on diaspora. For instance, we could find commonality and unique strength between collectivistic and individualistic philosophies and ways of life and cultivate healthy roots for what it means to have *cross-cultural identity*. This term refers to a mutual embracing [11] of seemingly opposing cultural identities, the lesser known of which needs to be put under the magnifying glass and explored in verifiable ways as we will do in the next sections of this chapter.

#### **4. Diaspora creates cultural identities**

Canadians may identify as native or indigenous in two parallel and not always complementary ways. The more known and arguably expected way relies on law and state regulation [12]. The second way is more intricate to track down as it looks at longstanding family tradition and community practice as it pertains to cultural identity. This chapter gravitates toward the latter, less traveled road in the context of diaspora.

Like culture, identity is a complex concept to define precisely, as it contains both the personal self and the self in interaction or relation with others. The emphasis on either self or group may be different depending on the theory, methodology, or philosophy followed as the boundaries that each draws provide a different framework in which to describe the meaning of the concept of identity. Both culture and identity are often featured in communication, psychological, sociological, anthropological, philosophical, ecological, and related disciplines, each providing different lenses for study.

**49**

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada*

Broadly speaking, *cultural identity* has to do with shared experiences, enactments, and negotiations of social identifications by group members within particular settings [13]. The settings may include important qualities delineated by human rights, such as gender, age or generation, race, ethnicity, ethno-linguistics, nationality, social class, and disability. They may also take other contextual directions, such as (social) media, politics, environmental issues, health and healing, as well as technological advancements (think artificial intelligence) and globalization. In either event, the settings are socially constructed to show and teach group members

The different settings enable us to look at cultural identity using different approaches. When dynamic interaction and developing properties are brought into the discussion of cultural identity, an interpretive approach is at stake [15]. This line becomes more critical in nature when this discussion is contextualized in history, politics, religion, and the like [16] to help crystalize the cultural identity of a group. A third position concerns the strength of psychological and emotional attachment between group members, including cultural values, norms, customs and practices, and beliefs, which lends a social-scientific approach to cultural identity, recognizing

Given these approaches, *cultural identity* can be defined as a fact of unwavering being by close similarity or affinity, which characterizes who or what a particular group of people is, remains, and becomes in spite of life experiences and changes. Within cultural identity lie choices and rights that are shaped over time by co-

While we look at cultural identity as a single diasporic entity in this chapter, it should be noted that it is possible and plausible for individuals and groups to possess multiple cultural identities given different boundaries that can be drawn. The different cultural identities may intersect, communally adapt and evolve, and morph into hybrids. Identification with one culture may act as a support when identification with another culture is damaged. At the base though, all cultural identities contain elements of the personal and social, expressed through dynamic

Cultural identity heightens awareness and encourages reflection; it is the seeking answer to the essential question of "Who are we really?" from which also flows "How do we want to empathically live?" A willingness to stand by found answers as it defines the present and orients groups toward a sustainable future with ties to the past is intrinsically mixed into cultural identity. It is observable through specific behavioral trends, chosen lifestyles, and esthetically expressed markers. Cultural identity encompasses the total of how the group continually construes itself through multiple behavioral and societal roles, which allows for descriptions of aspects of identity, and for determining which of these aspects may be whole or broken and in need of healing. Dysphoria of cultural proportions can be an ill-fated result from traumatic diasporic experiences. For example, indigenous cultural identity is shaped through generations inhabiting land in Canada. When a double blow occurs by taking these inhabitants away from the land *and* by taking the land away from the inhabitants, cultural identity suffered severely. Loss of any group's cultural identity can erode a sense of collective self and make communities dysfunctional. In drawing parallels with other forms of dysphoria, likely symptoms of cultural dysphoria may include any one or combined depression, suicidal tendencies, anxiety, maladaptive behaviors such as agitation, social isolation, and disgust at their own or assimilated culture. These symptoms may appear at early or late onset in the diasporic experience.

**4.1 Implications of cultural identity in the context of diaspora**

*DOI: http://dx.doi.org/10.5772/intechopen.87583*

expected ways of being and acting [14].

that individual identity lies at its core [17].

creating, reinforcing, and morphing features.

communicative systems.

#### *Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada DOI: http://dx.doi.org/10.5772/intechopen.87583*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

**3.2 Intramural diaspora as an opportunity for progress**

verifiable ways as we will do in the next sections of this chapter.

Canadians may identify as native or indigenous in two parallel and not always complementary ways. The more known and arguably expected way relies on law and state regulation [12]. The second way is more intricate to track down as it looks at longstanding family tradition and community practice as it pertains to cultural identity. This chapter gravitates toward the latter, less traveled road in the context of diaspora. Like culture, identity is a complex concept to define precisely, as it contains both the personal self and the self in interaction or relation with others. The emphasis on either self or group may be different depending on the theory, methodology, or philosophy followed as the boundaries that each draws provide a different framework in which to describe the meaning of the concept of identity. Both culture and identity are often featured in communication, psychological, sociological, anthropological, philosophical, ecological, and related disciplines, each providing

**4. Diaspora creates cultural identities**

government taking away lands and engaging in discriminating legislating practices. This occurred on top of marginalization from the capitalist immigrant workforce, overt racism, urban centralization of industry accompanied by its technological advances lying far away from reserves, and later cultural genocide instigated by implementing assimilation programs such as the residential schools [10]. It is no wonder that poverty with associated socioeconomic, environmental, abuse, and mental problems raised their ugly heads as a result. Conflict between natives and others in Canada originated from land and still is centered around land today.

The uninformed may not realize that the borders of allotted reserves are often different from original, indigenous territories, which are often larger and which house ancestry and the ceremonial sites for cultural and spiritual practices, as well as socioeconomic activities. Entry into the larger territories is vital for native wellness as a whole and specifically for maintaining roots for a strong indigenous identity. These are difficult to uphold when traditional territories are lost or inaccessible for indigenous peoples in Canada, but with resilience they survived in spite of generations of struggle, ironically thanks to segregation. This is not totally surprising as diasporic groups are known to stick together through shared experience [4, 10]. For national progression it means though that indigenous peoples' original connection to their land needs to be honored as a critical step in representing Canada cross-culturally as one nation. Advances made in this respect will signal recognition and acknowledgment of the complex relationship we have with each other through this land. Land offers sustainability, and when subsistent ways of life are lost, a collective dependence is created on governments. One-directional proposals such as abolishment of reserves (and thereby Canadian governments' obligations to indigenous peoples) or the assimilation of natives into non-aboriginal diverse society are largely uninformed suggestions for oversimplified solutions. Collaborative work with a shared goal of striving toward effective solutions includes opportunities to capitalize on diaspora. For instance, we could find commonality and unique strength between collectivistic and individualistic philosophies and ways of life and cultivate healthy roots for what it means to have *cross-cultural identity*. This term refers to a mutual embracing [11] of seemingly opposing cultural identities, the lesser known of which needs to be put under the magnifying glass and explored in

**48**

different lenses for study.

Broadly speaking, *cultural identity* has to do with shared experiences, enactments, and negotiations of social identifications by group members within particular settings [13]. The settings may include important qualities delineated by human rights, such as gender, age or generation, race, ethnicity, ethno-linguistics, nationality, social class, and disability. They may also take other contextual directions, such as (social) media, politics, environmental issues, health and healing, as well as technological advancements (think artificial intelligence) and globalization. In either event, the settings are socially constructed to show and teach group members expected ways of being and acting [14].

The different settings enable us to look at cultural identity using different approaches. When dynamic interaction and developing properties are brought into the discussion of cultural identity, an interpretive approach is at stake [15]. This line becomes more critical in nature when this discussion is contextualized in history, politics, religion, and the like [16] to help crystalize the cultural identity of a group. A third position concerns the strength of psychological and emotional attachment between group members, including cultural values, norms, customs and practices, and beliefs, which lends a social-scientific approach to cultural identity, recognizing that individual identity lies at its core [17].

Given these approaches, *cultural identity* can be defined as a fact of unwavering being by close similarity or affinity, which characterizes who or what a particular group of people is, remains, and becomes in spite of life experiences and changes. Within cultural identity lie choices and rights that are shaped over time by cocreating, reinforcing, and morphing features.

While we look at cultural identity as a single diasporic entity in this chapter, it should be noted that it is possible and plausible for individuals and groups to possess multiple cultural identities given different boundaries that can be drawn. The different cultural identities may intersect, communally adapt and evolve, and morph into hybrids. Identification with one culture may act as a support when identification with another culture is damaged. At the base though, all cultural identities contain elements of the personal and social, expressed through dynamic communicative systems.

#### **4.1 Implications of cultural identity in the context of diaspora**

Cultural identity heightens awareness and encourages reflection; it is the seeking answer to the essential question of "Who are we really?" from which also flows "How do we want to empathically live?" A willingness to stand by found answers as it defines the present and orients groups toward a sustainable future with ties to the past is intrinsically mixed into cultural identity. It is observable through specific behavioral trends, chosen lifestyles, and esthetically expressed markers. Cultural identity encompasses the total of how the group continually construes itself through multiple behavioral and societal roles, which allows for descriptions of aspects of identity, and for determining which of these aspects may be whole or broken and in need of healing.

Dysphoria of cultural proportions can be an ill-fated result from traumatic diasporic experiences. For example, indigenous cultural identity is shaped through generations inhabiting land in Canada. When a double blow occurs by taking these inhabitants away from the land *and* by taking the land away from the inhabitants, cultural identity suffered severely. Loss of any group's cultural identity can erode a sense of collective self and make communities dysfunctional. In drawing parallels with other forms of dysphoria, likely symptoms of cultural dysphoria may include any one or combined depression, suicidal tendencies, anxiety, maladaptive behaviors such as agitation, social isolation, and disgust at their own or assimilated culture. These symptoms may appear at early or late onset in the diasporic experience.

It follows that *cultural dysphoria* is the emotional distress a nation or society experiences as a result of dissonance in social and ontological expectations. In the context of diaspora, cultural dysphoria may occur with or after displacement from the geographical space of establishment or ancestry with which the group strongly identified, perpetuated by a newly assigned environment and lifestyle that do not match the original identity.

#### **4.2 Setting the stage for dispatching diaspora**

In order to channel the presence of intramural diaspora and address possible cultural dysphoria, the first step is to accept that we need (cultural) identity and cannot do without it [18]. Identity is a life-anchoring stabilizer that is forged in the social domain and that helps shape a sense of self through psychosocial processes. Description of cultural identity is a structured process whereby differences and similarities are ascertained not only through methods of contrasting and comparing but also through a synthesis of (indigenous) cultural description with (Eurocentric, Western) critical, interpretive, and social-scientific approaches.

The intramural diaspora of indigenous peoples as a minority culture within Canada is deliberately chosen as a fresco for mapping onto a theoretical platform marked by first-world, Western, and Eurocentric thinking that the majority of Canadians subscribe to. In particular, by choosing a strength-based subject matter such as native wellness descriptions, it serves as a powerful constructive springboard for discussing cultural identity in diasporic context. The objective is to open the door for fostering better blending and fusion between different worldviews so that Canada may move confidently toward a strong cross-cultural identity.

Since cultural identity is constantly evolving, it is imbued by unavoidable accuracies and inaccuracies as temporary points of attachment between what is described and who describes it, making it contextually and time-specific. Herein also lies a gem: cultural identity is never complete and should be described by multiple scholars and through different lenses. Ideally, not all scholars will be outsiders respectfully learning about another's culture, but some of them will speak effectively from within their own cultural teachings and actions, conveying the meaning and translations of their daily lived experiences in keeping with good validation practices.

When considering indigenous roots from a diasporic perspective, it is necessary to anchor ourselves in a methodology that will expose our own unique social perspectives and value systems, as these have a significant bearing on how we develop cross-cultural identity. The proposed approaches are used to guide the discussion in an attempt to further the achievement of cross-cultural identity for Canada and thereby help bridge the current diasporic divide that continues to persist in the minds of many.

#### **4.3 Anchoring diaspora in constructionist theory**

Ideally, cross-cultural identity is developed at ground level within a country, where active involvement in a process of meaning and knowledge construction can occur. In an increasingly globalized word, a representative cross-cultural identity is critical for success in productive inter-cultural relations at higher and broader levels. Hence, in this chapter Western theoretical perspectives on native wellness as rooted in indigenous culture are offered via meaning-oriented, critical, interpretive, and social-scientific approaches outlined below [13]. These approaches and the flow between them are constructionist by nature, and each can be broken down further by different underlying theories.

**51**

groups.

cross-cultural identity.

unified perspective [19].

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada*

Critical approaches in Western thinking set out to tackle the proverbial elephant in the room. Proponents uncover actualities that may have been missed otherwise. They pick apart, are suspicious of, or question specific assumptions or conclusions made about a culture. This is established by using critical thought to expose the possible existence of flaws or faulty claims and findings, especially when they are absolute. This careful analysis may also entail that said assertions are placed in a broader context that facilitate neutrality, which opens up the possibility of further

discourse and brings about a deeper understanding of the issues at stake.

Interpretive approaches call for Western thinking to shift away from the observation and measurement of facts with a subsequent drawing of conclusions (also called positivism). Here the focus is on *verstehen*, a German concept denoting an understanding of subjective human experiences. Existing or found facts are decoded and explained through recognizing that there are many, equally valid points of view to be considered and to collectively draw meaning from. Claims based on facts alone may not always be correct or provide the full picture.

Social-scientific approaches are systematic methods that aim to understand relationships by observing behavior of individuals or groups within a social environment marked by changes in time. The social environment under consideration may relate to shifts in gender role and identity, human inequality, power, politics, historical events, socioeconomics, and other factors that may be prominent characteristics in certain behaviors. These approaches look to understand social processes as outcomes of tension, usually felt between two seemingly opposing, coexisting

These approaches also recognize that within the tension and mistrust, the separate cultural identities partially depend on each other to continue their existence; collectivism is understood in contrast to individualism, and the domination of Western culture enabled the marginalization of the smaller groups of indigenous peoples. Importantly, the acknowledged strain and unease existing between opposing groups also pave the way for democratic, central discourses that may facilitate

The overlay of Western theoretical approaches with indigenous descriptions of cultural identity is embedded in the concept of two-eyed seeing. The latter is an indigenous-based guide to arriving at cross-cultural identity by lacing seemingly opposing sides ascribed to different philosophies, shifting focus to bring about a

When differential racialization or racial injustice and domination are at play in ways that may predict or determine systemic bias, critical race theory is relevant for cultural identity in the context of diaspora. In Canada where a diversity of races

**5. Using diaspora to create cross-cultural identity**

**5.1 Critical race theory as a critical approach**

*DOI: http://dx.doi.org/10.5772/intechopen.87583*

*4.3.1 Critical approaches*

*4.3.2 Interpretive approaches*

*4.3.3 Social-scientific approaches*

#### *4.3.1 Critical approaches*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

Western) critical, interpretive, and social-scientific approaches.

**4.2 Setting the stage for dispatching diaspora**

match the original identity.

It follows that *cultural dysphoria* is the emotional distress a nation or society experiences as a result of dissonance in social and ontological expectations. In the context of diaspora, cultural dysphoria may occur with or after displacement from the geographical space of establishment or ancestry with which the group strongly identified, perpetuated by a newly assigned environment and lifestyle that do not

In order to channel the presence of intramural diaspora and address possible cultural dysphoria, the first step is to accept that we need (cultural) identity and cannot do without it [18]. Identity is a life-anchoring stabilizer that is forged in the social domain and that helps shape a sense of self through psychosocial processes. Description of cultural identity is a structured process whereby differences and similarities are ascertained not only through methods of contrasting and comparing but also through a synthesis of (indigenous) cultural description with (Eurocentric,

The intramural diaspora of indigenous peoples as a minority culture within Canada is deliberately chosen as a fresco for mapping onto a theoretical platform marked by first-world, Western, and Eurocentric thinking that the majority of Canadians subscribe to. In particular, by choosing a strength-based subject matter such as native wellness descriptions, it serves as a powerful constructive springboard for discussing cultural identity in diasporic context. The objective is to open the door for fostering better blending and fusion between different worldviews so

When considering indigenous roots from a diasporic perspective, it is necessary to anchor ourselves in a methodology that will expose our own unique social perspectives and value systems, as these have a significant bearing on how we develop cross-cultural identity. The proposed approaches are used to guide the discussion in an attempt to further the achievement of cross-cultural identity for Canada and thereby help bridge the current diasporic divide that continues to persist in the

Ideally, cross-cultural identity is developed at ground level within a country, where active involvement in a process of meaning and knowledge construction can occur. In an increasingly globalized word, a representative cross-cultural identity is critical for success in productive inter-cultural relations at higher and broader levels. Hence, in this chapter Western theoretical perspectives on native wellness as rooted in indigenous culture are offered via meaning-oriented, critical, interpretive, and social-scientific approaches outlined below [13]. These approaches and the flow between them are constructionist by nature, and each can be broken down further

that Canada may move confidently toward a strong cross-cultural identity. Since cultural identity is constantly evolving, it is imbued by unavoidable accuracies and inaccuracies as temporary points of attachment between what is described and who describes it, making it contextually and time-specific. Herein also lies a gem: cultural identity is never complete and should be described by multiple scholars and through different lenses. Ideally, not all scholars will be outsiders respectfully learning about another's culture, but some of them will speak effectively from within their own cultural teachings and actions, conveying the meaning and translations of their daily lived experiences in keeping with good validation

**50**

practices.

minds of many.

**4.3 Anchoring diaspora in constructionist theory**

by different underlying theories.

Critical approaches in Western thinking set out to tackle the proverbial elephant in the room. Proponents uncover actualities that may have been missed otherwise. They pick apart, are suspicious of, or question specific assumptions or conclusions made about a culture. This is established by using critical thought to expose the possible existence of flaws or faulty claims and findings, especially when they are absolute. This careful analysis may also entail that said assertions are placed in a broader context that facilitate neutrality, which opens up the possibility of further discourse and brings about a deeper understanding of the issues at stake.

#### *4.3.2 Interpretive approaches*

Interpretive approaches call for Western thinking to shift away from the observation and measurement of facts with a subsequent drawing of conclusions (also called positivism). Here the focus is on *verstehen*, a German concept denoting an understanding of subjective human experiences. Existing or found facts are decoded and explained through recognizing that there are many, equally valid points of view to be considered and to collectively draw meaning from. Claims based on facts alone may not always be correct or provide the full picture.

#### *4.3.3 Social-scientific approaches*

Social-scientific approaches are systematic methods that aim to understand relationships by observing behavior of individuals or groups within a social environment marked by changes in time. The social environment under consideration may relate to shifts in gender role and identity, human inequality, power, politics, historical events, socioeconomics, and other factors that may be prominent characteristics in certain behaviors. These approaches look to understand social processes as outcomes of tension, usually felt between two seemingly opposing, coexisting groups.

These approaches also recognize that within the tension and mistrust, the separate cultural identities partially depend on each other to continue their existence; collectivism is understood in contrast to individualism, and the domination of Western culture enabled the marginalization of the smaller groups of indigenous peoples. Importantly, the acknowledged strain and unease existing between opposing groups also pave the way for democratic, central discourses that may facilitate cross-cultural identity.

#### **5. Using diaspora to create cross-cultural identity**

The overlay of Western theoretical approaches with indigenous descriptions of cultural identity is embedded in the concept of two-eyed seeing. The latter is an indigenous-based guide to arriving at cross-cultural identity by lacing seemingly opposing sides ascribed to different philosophies, shifting focus to bring about a unified perspective [19].

#### **5.1 Critical race theory as a critical approach**

When differential racialization or racial injustice and domination are at play in ways that may predict or determine systemic bias, critical race theory is relevant for cultural identity in the context of diaspora. In Canada where a diversity of races abounds, race is best understood in an ethnic sense, where a substantial number of Canadian citizens and permanent residents identify with two or more ethnicities.

Bias and inequity can be counterbalanced in three different manners under critical race theory [20]. First, demonstrations and references are sought to indicate that the racialized processes are ever-changing as time passes, as contexts and circumstances change, as experiences and needs shift, and as group objectives adapt. Another valued, constructive practice acknowledged by this theory is counter-storytelling, whereby cultural experiences are legitimized as sources of knowledge that can be used to challenge other (Western, Eurocentric) forms of knowing. A third practice is to act on verbal deeds of aggression against the culture to maintain the status quo, which may range from planned to subconscious behaviors and include name-calling, stereotyping, invalidations, and similar ploys targeted at the minority group.

In the first manner under critical race theory, it is important to pay attention to the fact that indigenous peoples are culturally heterogeneous. Different nations (called tribes in the USA) and smaller clans may be distinguished based on geographical area, lineage, language, art, and music. There are multiple systems of how culture is practically expressed, even when some similarities exist in what they symbolize and represent, and how they purposefully facilitate cultural meaning.

Picking up on the second manner under critical race theory, wellness as an indigenous form of knowing is centered in family and environmental relations. The creation story, as different native groups tell it to convey meaning, underscores the belief in one's connection to land, language, ancestry, and all beings of creation. Connections unfold in various degrees of balance between spiritual, emotional, mental, and physical quadrants of well-being within individual and communal personhood [21]. This view offers a holistic understanding of wellness wherein all that is needed to live life to its fullest is available to us so that it may be possible to create a meaningful cultural identity.

The holistic view rounds out conventional Western thinking that wellness denotes a state of being associated with health and fulfillment of individual life. However, modern views of wellness, regardless of indigenous or Western cultures, tend to agree that wellness is not merely the absence of disease or infirmity but that it encompasses different aspects such as those captured by the above four quadrants.

The third manner under critical race theory provides an opportunity to make explicit that while the indigenous way of life is directed by spirit, there is nothing magical or mystical about it [22]. The spirit is placed central in life and is motivational and energizing and hence is critical to wellness and to a healthy way of being in the world. Spirit is best understood through creation stories where native knowledge is founded. Spirit creates order in relational space [23].

#### **5.2 Postcolonial theory as a critical approach**

The critical characteristics of postcolonial theory are particularly relevant after a group underwent experiences of decolonization that significantly impacted their cultural identity. This theory seeks not only to expose Eurocentrism and Western imperialism but also to point out cultural intersections, hybrids, and diasporas [24]. As inter-cultural identity offers strength in globalization and suffers strength and quintessence in each one of perhaps multiple cultural identities to which individuals may belong, postcolonial theory is concerned with those caught in between, who find themselves on the margin in conflicted and fractured states of identification, i.e., those in diasporic states.

In Canada, there is a distinct movement toward the restrengthening of cultural beliefs, traditions, and sacred knowledge in the National Native Alcohol and Drug

**53**

strengthening [23].

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada*

**5.3 Co-cultural theory as a critical-interpretive approach**

in interaction before integration of the two groups is possible [25].

ment on using an efficient communication approach [26].

**5.4 Cultural identity theory as a critical-interpretive approach**

Abuse Program (NNADAP) and Youth Solvent Addiction Program (YSAP) treatment centers, as well as in community-based programs. This is enabled through cultural intervention practices (CIPs) such as smudging, prayer and the creation story, sweat lodge and healing ceremonies, talking circles, use of drums, pipes and shakers, use of sacred medicines, cultural language, dances and songs, and many others as appropriate to help foster the renaissance of indigenous identity [21]. The movement is guided by a national framework, which places culture central to wellness and which is used to congregate and coordinate indigenous- and Western-oriented services and treatment methods among various systems and supports [22]. The thinking that supports this movement is that when indigenous culture becomes a way of life again through reflection and internalization, native wellness is realizable and sustainable. Transference of the meaning of cultural practices rather than the ritual and rule-based aspects of customs is critical in guiding

Moving on to more interpretive approaches while keeping a critical slant, one focus involves social class, cultural type, or diasporic group size, for example, when indigenous peoples as a minority group and non-aboriginal Canadians as a dominant group interact. History reveals that it matters whether cultural identity developed to be dominant or non-dominant as institutionalized power, influence, resources, and privilege are slanted toward former groups, putting latter groups at a disadvantage. It is postulated that whereas dominant groups interact from a position of passive and/or active acceptance of and guilt about the situation, minority groups display conformity with and separation from the situation at different times

Awareness of these prominent differences affects interactions among group members, which is the focus of co-cultural theory. The differences may be evident in hierarchies as associated with power, status, privilege, exclusivity, and assertive or even aggressive communication styles, all culminating in systemic bias in everyday life. Co-cultural theory promotes a mixing of several different factors to bring about effective communication and strong cultural identity, namely, (i) a focus on expectations and the preferred outcome to minimize ambivalence, (ii) acknowledgment of past experiences, (iii) a sharing of abilities, (iv) heeding of the situational context, (v) upfront consideration of perceived costs and rewards, and (vi) agree-

Progressive treatment centers and communities in Canada put cultural protocols

in place to combat diaspora and meet relational dynamics between (Western) program requirements and (indigenous) cultural practices. These protocols look at expectations, accountabilities, recognition, and compensation of both parties, how their skills and knowledge base may complement each other in a collaborative environment, how record keeping can be respectfully done, cultural diversity of practice, human rights and the right to choose, and how the wider community can be involved through a continuum of care and capacity building and cultural identity

Cultural identity theory as another critical interpretive approach focuses on five communication and relational properties classified as avowal (affirmation of membership to others), ascription (attribution of identity by individuals and groups outside the culture under study), scope (member size and generalizability),

*DOI: http://dx.doi.org/10.5772/intechopen.87583*

the success of the movement.

#### *Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada DOI: http://dx.doi.org/10.5772/intechopen.87583*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

similar ploys targeted at the minority group.

create a meaningful cultural identity.

abounds, race is best understood in an ethnic sense, where a substantial number of Canadian citizens and permanent residents identify with two or more ethnicities. Bias and inequity can be counterbalanced in three different manners under critical race theory [20]. First, demonstrations and references are sought to indicate that the racialized processes are ever-changing as time passes, as contexts and circumstances change, as experiences and needs shift, and as group objectives adapt. Another valued, constructive practice acknowledged by this theory is counter-storytelling, whereby cultural experiences are legitimized as sources of knowledge that can be used to challenge other (Western, Eurocentric) forms of knowing. A third practice is to act on verbal deeds of aggression against the culture to maintain the status quo, which may range from planned to subconscious behaviors and include name-calling, stereotyping, invalidations, and

In the first manner under critical race theory, it is important to pay attention to the fact that indigenous peoples are culturally heterogeneous. Different nations (called tribes in the USA) and smaller clans may be distinguished based on geographical area, lineage, language, art, and music. There are multiple systems of how culture is practically expressed, even when some similarities exist in what they symbolize and represent, and how they purposefully facilitate cultural meaning. Picking up on the second manner under critical race theory, wellness as an indigenous form of knowing is centered in family and environmental relations. The creation story, as different native groups tell it to convey meaning, underscores the belief in one's connection to land, language, ancestry, and all beings of creation. Connections unfold in various degrees of balance between spiritual, emotional, mental, and physical quadrants of well-being within individual and communal personhood [21]. This view offers a holistic understanding of wellness wherein all that is needed to live life to its fullest is available to us so that it may be possible to

The holistic view rounds out conventional Western thinking that wellness denotes a state of being associated with health and fulfillment of individual life. However, modern views of wellness, regardless of indigenous or Western cultures, tend to agree that wellness is not merely the absence of disease or infirmity but that it encompasses different aspects such as those captured by the above four quadrants. The third manner under critical race theory provides an opportunity to make explicit that while the indigenous way of life is directed by spirit, there is nothing magical or mystical about it [22]. The spirit is placed central in life and is motivational and energizing and hence is critical to wellness and to a healthy way of being in the world. Spirit is best understood through creation stories where native knowl-

The critical characteristics of postcolonial theory are particularly relevant after a group underwent experiences of decolonization that significantly impacted their cultural identity. This theory seeks not only to expose Eurocentrism and Western imperialism but also to point out cultural intersections, hybrids, and diasporas [24]. As inter-cultural identity offers strength in globalization and suffers strength and quintessence in each one of perhaps multiple cultural identities to which individuals may belong, postcolonial theory is concerned with those caught in between, who find themselves on the margin in conflicted and fractured states of identification,

In Canada, there is a distinct movement toward the restrengthening of cultural beliefs, traditions, and sacred knowledge in the National Native Alcohol and Drug

edge is founded. Spirit creates order in relational space [23].

**5.2 Postcolonial theory as a critical approach**

i.e., those in diasporic states.

**52**

Abuse Program (NNADAP) and Youth Solvent Addiction Program (YSAP) treatment centers, as well as in community-based programs. This is enabled through cultural intervention practices (CIPs) such as smudging, prayer and the creation story, sweat lodge and healing ceremonies, talking circles, use of drums, pipes and shakers, use of sacred medicines, cultural language, dances and songs, and many others as appropriate to help foster the renaissance of indigenous identity [21].

The movement is guided by a national framework, which places culture central to wellness and which is used to congregate and coordinate indigenous- and Western-oriented services and treatment methods among various systems and supports [22]. The thinking that supports this movement is that when indigenous culture becomes a way of life again through reflection and internalization, native wellness is realizable and sustainable. Transference of the meaning of cultural practices rather than the ritual and rule-based aspects of customs is critical in guiding the success of the movement.

#### **5.3 Co-cultural theory as a critical-interpretive approach**

Moving on to more interpretive approaches while keeping a critical slant, one focus involves social class, cultural type, or diasporic group size, for example, when indigenous peoples as a minority group and non-aboriginal Canadians as a dominant group interact. History reveals that it matters whether cultural identity developed to be dominant or non-dominant as institutionalized power, influence, resources, and privilege are slanted toward former groups, putting latter groups at a disadvantage. It is postulated that whereas dominant groups interact from a position of passive and/or active acceptance of and guilt about the situation, minority groups display conformity with and separation from the situation at different times in interaction before integration of the two groups is possible [25].

Awareness of these prominent differences affects interactions among group members, which is the focus of co-cultural theory. The differences may be evident in hierarchies as associated with power, status, privilege, exclusivity, and assertive or even aggressive communication styles, all culminating in systemic bias in everyday life. Co-cultural theory promotes a mixing of several different factors to bring about effective communication and strong cultural identity, namely, (i) a focus on expectations and the preferred outcome to minimize ambivalence, (ii) acknowledgment of past experiences, (iii) a sharing of abilities, (iv) heeding of the situational context, (v) upfront consideration of perceived costs and rewards, and (vi) agreement on using an efficient communication approach [26].

Progressive treatment centers and communities in Canada put cultural protocols in place to combat diaspora and meet relational dynamics between (Western) program requirements and (indigenous) cultural practices. These protocols look at expectations, accountabilities, recognition, and compensation of both parties, how their skills and knowledge base may complement each other in a collaborative environment, how record keeping can be respectfully done, cultural diversity of practice, human rights and the right to choose, and how the wider community can be involved through a continuum of care and capacity building and cultural identity strengthening [23].

#### **5.4 Cultural identity theory as a critical-interpretive approach**

Cultural identity theory as another critical interpretive approach focuses on five communication and relational properties classified as avowal (affirmation of membership to others), ascription (attribution of identity by individuals and groups outside the culture under study), scope (member size and generalizability), salience (importance and accommodation relative to other existing identities), and intensity (enforcement of cultural identity) [16].

Statistics Canada found in 2016 that indigenous peoples have grown by 42.5% over the past decade [8]. In part, this figure accounts for natural growth, while identifying as indigenous may have an economic benefit as it enables organizations to increase employment numbers for natives through equitable human resource strategies. In an era of reconciliation, negotiation, and renewal, the above figure also accounts for a growing trend in new declarations of collective Aboriginal identity on the census survey (despite sentiments to move away from this term). Under the Canadian Human Rights Act, it is not discriminatory to ask about heritage, and Canadians feel safer than ever to change their perceptions, trace their origins, and claim their identity, whereby they give meaning to who they are culturally.

#### **5.5 Identity negotiation theory as an interpretive cultural approach**

Following a purely interpretive approach pertaining to cultural identity, individuals pay attention to satisfying their own needs and that of others in constructing their self-image according to the identity negotiation theory. Perception of interpersonal dynamics is key as it helps with fitting in with what the group deems appropriate and considers as the norm. Identity is presumably formed within five polar boundaries, namely, security versus vulnerability, inclusion versus differentiation, predictability versus unpredictability, connection versus autonomy, and consistency versus change [27].

The continuums flanked by each set of boundaries remind of five primary, unified concepts that describe indigenous culture and underpin wellness [21, 28].


**55**

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada*

**5.6 Cultural contracts theory as an interpretive cultural approach**

Identity negotiation is viewed as a critical method for effective assimilation, implying we can rise above diaspora. We should be aware that perceived differences and similarities between the cultures often comment on the product – cultural manifestations – rather than the relational process wherein the philosophical foundations of culture rest. This notion facilitates the immersion into another group and the internalization of the meaning of their culture. It is particularly relevant if the identity with their original culture is strong to begin with and/or when conflict

Often an emphasis on cultural practices is not sufficient for different groups to adopt a shared cultural identity, in which case an interpretive approach of co-creating an agreement may be needed, as postulated by the cultural contracts theory. A slightly more formal tactic may open up acceptance of different view-

By better coordinating the member relationships around authority and power, rules and regulations, and a willingness to embrace equity and equality, disputes and long-standing feelings may become more negotiable. Flexible negotiation requires respect for each other, another foundational element of cultural

For example, First Nations is a general reference to indigenous groups who are dispersed across Canada and differ significantly in customs and native languages: 614 First Nations bands consist of 11 language families broken down into 55 languages [22]. However, despite these distinctions, cultural values are commonly shared between different generations, such as the presence of spirit as a physical reality, and an animate creation that contains relations between all beings, human

Cultural values are also preserved as sacred knowledge, which is kept in the indigenous peoples—wisdom keepers, elders, ceremonial practitioners, traditional doctors, sacred societies, and other cultural institutions—themselves. Knowledge is left by ancestors and rooted in patterns of meaning that emerge from different creation stories. Acquisition of indigenous knowledge is ongoing, a coming toward knowing, characterized by being first transformational in nature and second by bearing the responsibility to extend the knowledge through translation of its mean-

This meaningful knowledge feeds all else that is derived and understood in indigenous worldview because the structure, processes, and patterns of creation are repeated in all aspects of life in the universe. Indigenous intelligence then constitutes the transformation of holistic knowledge into something that carries relational meaning and is useful in responsible and beneficiary ways. Indigenous communities assert a self-determined right to be the keepers of their knowledge, which contractually can be respected in understanding of its coming-toward-knowing character,

**5.7 Communication theory of identity as a social-scientific approach**

According to the communication theory of identity, communication has a prominent role in forming strong cultural identity. Communication is exercised in four localized layers of group membership: the personal level (where individuals define themselves), the enacted level (where individuals communicate their personal definition through messages), the relational level (where individuals make the personal definition mutual through social interaction), and the communal level

*DOI: http://dx.doi.org/10.5772/intechopen.87583*

between the two groups abound.

points and promote assimilation [29].

identity [30].

and other-than-human.

ing for others [23].

and as a part of their cultural identity.

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

intensity (enforcement of cultural identity) [16].

between security and vulnerability.

differentiating as people live their lives.

salience (importance and accommodation relative to other existing identities), and

Statistics Canada found in 2016 that indigenous peoples have grown by 42.5% over the past decade [8]. In part, this figure accounts for natural growth, while identifying as indigenous may have an economic benefit as it enables organizations to increase employment numbers for natives through equitable human resource strategies. In an era of reconciliation, negotiation, and renewal, the above figure also accounts for a growing trend in new declarations of collective Aboriginal identity on the census survey (despite sentiments to move away from this term). Under the Canadian Human Rights Act, it is not discriminatory to ask about heritage, and Canadians feel safer than ever to change their perceptions, trace their origins, and

Following a purely interpretive approach pertaining to cultural identity, individuals pay attention to satisfying their own needs and that of others in constructing their self-image according to the identity negotiation theory. Perception of interpersonal dynamics is key as it helps with fitting in with what the group deems appropriate and considers as the norm. Identity is presumably formed within five polar boundaries, namely, security versus vulnerability, inclusion versus differentiation, predictability versus unpredictability, connection versus autonomy, and consistency versus

The continuums flanked by each set of boundaries remind of five primary, uni-

1.The circle, more than any other shape, is the most expressive of the indigenous worldview. The circle symbolizes energy and denotes a continuous life flow, moving out simultaneously in four directions. This is illustrative of wellness also; growth and well-being can be seen as running like a sinuous current

2.Life on earth is fundamentally seen as centrally bonded though a caring spirit, which is in and throughout all life and creation. This bonding is inclusive, yet at the same time, the indigenous worldview that all life is motivated by spirit is

3.Native beliefs that everybody is predisposed to have the desire to be respectfully harmonious and in balance with creation throughout continuous stages of life add predictability. Practical challenges to this belief in everyday life are associated with unpredictability, as hardship and discord display as imbalances.

4.All universal things (human and nature) are inclusively relational and connected as personhood, without measures of power and hierarchy. While personal autonomy is recognized in these interdependencies, respect is mutual

5.Indigenous culture is virtuously voiced and transmitted through original language. Unlike other forms of life, humans have a gift of free will in fulfilling their purpose, i.e., their roles and responsibilities to all else, whereby their cultural identity may continuously unfold from a position of consistency, to that of change. The moving pattern of unfolding, growth, and change occurs

primarily as a circle toward the creation and recreation of life.

as individual actions and decisions impact everyone.

fied concepts that describe indigenous culture and underpin wellness [21, 28].

claim their identity, whereby they give meaning to who they are culturally.

**5.5 Identity negotiation theory as an interpretive cultural approach**

**54**

change [27].

Identity negotiation is viewed as a critical method for effective assimilation, implying we can rise above diaspora. We should be aware that perceived differences and similarities between the cultures often comment on the product – cultural manifestations – rather than the relational process wherein the philosophical foundations of culture rest. This notion facilitates the immersion into another group and the internalization of the meaning of their culture. It is particularly relevant if the identity with their original culture is strong to begin with and/or when conflict between the two groups abound.

#### **5.6 Cultural contracts theory as an interpretive cultural approach**

Often an emphasis on cultural practices is not sufficient for different groups to adopt a shared cultural identity, in which case an interpretive approach of co-creating an agreement may be needed, as postulated by the cultural contracts theory. A slightly more formal tactic may open up acceptance of different viewpoints and promote assimilation [29].

By better coordinating the member relationships around authority and power, rules and regulations, and a willingness to embrace equity and equality, disputes and long-standing feelings may become more negotiable. Flexible negotiation requires respect for each other, another foundational element of cultural identity [30].

For example, First Nations is a general reference to indigenous groups who are dispersed across Canada and differ significantly in customs and native languages: 614 First Nations bands consist of 11 language families broken down into 55 languages [22]. However, despite these distinctions, cultural values are commonly shared between different generations, such as the presence of spirit as a physical reality, and an animate creation that contains relations between all beings, human and other-than-human.

Cultural values are also preserved as sacred knowledge, which is kept in the indigenous peoples—wisdom keepers, elders, ceremonial practitioners, traditional doctors, sacred societies, and other cultural institutions—themselves. Knowledge is left by ancestors and rooted in patterns of meaning that emerge from different creation stories. Acquisition of indigenous knowledge is ongoing, a coming toward knowing, characterized by being first transformational in nature and second by bearing the responsibility to extend the knowledge through translation of its meaning for others [23].

This meaningful knowledge feeds all else that is derived and understood in indigenous worldview because the structure, processes, and patterns of creation are repeated in all aspects of life in the universe. Indigenous intelligence then constitutes the transformation of holistic knowledge into something that carries relational meaning and is useful in responsible and beneficiary ways. Indigenous communities assert a self-determined right to be the keepers of their knowledge, which contractually can be respected in understanding of its coming-toward-knowing character, and as a part of their cultural identity.

#### **5.7 Communication theory of identity as a social-scientific approach**

According to the communication theory of identity, communication has a prominent role in forming strong cultural identity. Communication is exercised in four localized layers of group membership: the personal level (where individuals define themselves), the enacted level (where individuals communicate their personal definition through messages), the relational level (where individuals make the personal definition mutual through social interaction), and the communal level

(where the personal identity definition is extended so it can be shared by others as a collective also and which in turn can influence individual identity at the personal level as an incessant feedback loop). Cultural identity is formed and maintained through a network of these layered enactments.

As we build and shape cultural identity through lifelong, active participation in watching, learning, and doing in continuous cycles in social and reflective ways, communication itself evolves. Both verbal and nonverbal forms of communication enable us to not only express ourselves but also to continuously negotiate learned patterns that convey our values and beliefs, attitudes and intentions, thoughts and feelings, and behaviors and expectations.

In applying this communication theory of identity as it resides within a socialscientific approach, social behavior is part of an individual group member's identity. Symbolic meaning is enabled through active involvement in social interaction whereby cultural identity is shaped. Individual group members have the right to and can choose the relevant layer in which communication is to occur at different times in forming cultural identity [31].

In individualistic cultures such as the Greek and European, "I" (self) stands firmly in opposition to "We" (others) and has evolved into modernist and postmodernist perspectives. At best, the interplay between I and We is a snapshot in time and a glimpse of the static status of self-adapting to different occasions in daily life [32]. While cultural identity is rooted in the individual according to this theory, it is also possible that the multilayered, fluid qualities of individuals make it impossible to think about a true self given that identity dynamically changes over time and in space.

In collectivistic cultures such as the African, Asian, and indigenous, the emphasis is on individuals trying to infuse themselves into the collective level and thereby minimizing their impact on the community. This manifests in the ways in which Asian civilizations root the self in tradition through discipline, restraint, and harmony. It is demonstrated by how Africans traditionally focus on the end result of the I-We connection by striving to balance it and emphasizing *ubuntu* (meaning all humanity is connected through virtues of goodness and referring to the notion of "I am because we are"). It can be seen in how indigenous peoples inclusively anchor all to spirit and creation and that the incorporation of plant, animal, mineral medicines, spiritual ceremonies and therapies, manual techniques, exercises, and native language is culturally practiced in vehicular pursuit of wellness.

Native wellness is expressed as holistic and encompassing all aspects of life. In it, an inextricable link exists between four directional quadrants, tied to generational knowledge and teachings about culture [21]. All beings—human and other-thanhuman—share this holistic structure through a living past and living future, with the current generation the living connection in between. While each quadrant is recognizable in human beings, animals, plants, earth and its elements, and planets and cosmos, it only has meaning in relationship to the circular whole.


**57**

cultural identity.

synonymous with unison.

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada*

ing, and communicating about all aspects of it.

whole, it can overcome physical weaknesses and damage.

identity, which currently manifests in dispirited native wellness.

**5.8 Identity management theory as a social-scientific approach**

**6. In conclusion: making the most of intramural diaspora**

In using Western theoretical approaches to help make sense of the cultural identity of indigenous peoples as a diasporic group in Canada, a national vision is shared to change the way in which we think about each other. Fundamentally this involves having universal knowledge of the different dimensions of ourselves involving the spiritual, emotional, mental, and physical in connection with and interdependency of each other and to let a cross-cultural identity unfold and grow in the relational space that exists around us. It appears that *wellness*, in a whole and holistic sense, offers a valuable and worthy conduit in order to achieve cross-

Under the leadership of Canadian Prime Minister Justin Trudeau, who has become a standard bearer for internationalism in a time of major changes and

3.The intuitive and rational *mind* (from the mental quadrant) consciously gives reason for being and becoming, giving meaning to life and experiential learn-

4.The *body* (from the physical quadrant) purposefully actualizes intentions and desires through behavior as related to spirit and culture; when strong and

Hence, when indigenous people talk about their connection to mother earth and land as an example, this expression needs to be understood in a holistic sense: the land provides shelter and food but also a place of belonging and active learning with hope for the future. People were not only shaped by the land, but they were also created from the land. Land gives a sense of place and is historical; hence natives are inseparable from the land. Talk about land is a diasporic comment on cultural

Identity management, as a social-scientific approach, is the final theory proposed in this chapter, which postulates that cultural identity is about competence in relations that are exercised via direct contact to the mutual satisfaction of the individuals concerned and whereby self-esteem, self-image, and self-efficacy are confirmed and individual autonomy is established. The social relations follow three steps marked by (i) strong relationship development trials for forming the sharing of identity along cultural lines, (ii) enmeshment and symbolic convergence based on shared commonality, and (iii) renegotiation of earlier enmeshments to clarify the relationship and to establish a truly interdependent and personal relationship [33]. In indigenous culture, identity is managed through the concept of wholeness. This concept signifies that all things work together interdependently through an interconnected web of parts that have meaning only in relation with the whole. Human beings are only one connective part in wholeness, along with other creatures. The circular wholeness of life is all-embracing, an entirety that incorporates time while also being timeless, which makes it complete [23]. In a Western deficit sense, wholeness is a state of being undamaged or unbroken, i.e., by not being in ill health [34]. This view can be expanded with a Western constructionist perspective where wholeness is considered a state of being complete, sound, and harmonious,

*DOI: http://dx.doi.org/10.5772/intechopen.87583*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

through a network of these layered enactments.

feelings, and behaviors and expectations.

times in forming cultural identity [31].

time and in space.

of wellness.

(where the personal identity definition is extended so it can be shared by others as a collective also and which in turn can influence individual identity at the personal level as an incessant feedback loop). Cultural identity is formed and maintained

As we build and shape cultural identity through lifelong, active participation in watching, learning, and doing in continuous cycles in social and reflective ways, communication itself evolves. Both verbal and nonverbal forms of communication enable us to not only express ourselves but also to continuously negotiate learned patterns that convey our values and beliefs, attitudes and intentions, thoughts and

In applying this communication theory of identity as it resides within a socialscientific approach, social behavior is part of an individual group member's identity. Symbolic meaning is enabled through active involvement in social interaction whereby cultural identity is shaped. Individual group members have the right to and can choose the relevant layer in which communication is to occur at different

In individualistic cultures such as the Greek and European, "I" (self) stands firmly in opposition to "We" (others) and has evolved into modernist and postmodernist perspectives. At best, the interplay between I and We is a snapshot in time and a glimpse of the static status of self-adapting to different occasions in daily life [32]. While cultural identity is rooted in the individual according to this theory, it is also possible that the multilayered, fluid qualities of individuals make it impossible to think about a true self given that identity dynamically changes over

In collectivistic cultures such as the African, Asian, and indigenous, the emphasis is on individuals trying to infuse themselves into the collective level and thereby minimizing their impact on the community. This manifests in the ways in which Asian civilizations root the self in tradition through discipline, restraint, and harmony. It is demonstrated by how Africans traditionally focus on the end result of the I-We connection by striving to balance it and emphasizing *ubuntu* (meaning all humanity is connected through virtues of goodness and referring to the notion of "I am because we are"). It can be seen in how indigenous peoples inclusively anchor all to spirit and creation and that the incorporation of plant, animal, mineral medicines, spiritual ceremonies and therapies, manual techniques, exercises, and native language is culturally practiced in vehicular pursuit

Native wellness is expressed as holistic and encompassing all aspects of life. In it, an inextricable link exists between four directional quadrants, tied to generational knowledge and teachings about culture [21]. All beings—human and other-thanhuman—share this holistic structure through a living past and living future, with the current generation the living connection in between. While each quadrant is recognizable in human beings, animals, plants, earth and its elements, and planets

1.The *spirit* (from the spiritual quadrant) gives vision and hope in kindness and caring and is central to vitality, mobility, purpose, and quality of life, as well as

2.The *heart* (from the emotional quadrant) is nurtured by consciously living in personal, reciprocal relation to all human and other-than-human beings, as well as environmental forces (wind, thunder, water, fire, and unseen) in creation, whereby a sense of belonging is felt and hardship can be withstood.

and cosmos, it only has meaning in relationship to the circular whole.

the overcoming of challenges, loss, and despair.

**56**


Hence, when indigenous people talk about their connection to mother earth and land as an example, this expression needs to be understood in a holistic sense: the land provides shelter and food but also a place of belonging and active learning with hope for the future. People were not only shaped by the land, but they were also created from the land. Land gives a sense of place and is historical; hence natives are inseparable from the land. Talk about land is a diasporic comment on cultural identity, which currently manifests in dispirited native wellness.

#### **5.8 Identity management theory as a social-scientific approach**

Identity management, as a social-scientific approach, is the final theory proposed in this chapter, which postulates that cultural identity is about competence in relations that are exercised via direct contact to the mutual satisfaction of the individuals concerned and whereby self-esteem, self-image, and self-efficacy are confirmed and individual autonomy is established. The social relations follow three steps marked by (i) strong relationship development trials for forming the sharing of identity along cultural lines, (ii) enmeshment and symbolic convergence based on shared commonality, and (iii) renegotiation of earlier enmeshments to clarify the relationship and to establish a truly interdependent and personal relationship [33].

In indigenous culture, identity is managed through the concept of wholeness. This concept signifies that all things work together interdependently through an interconnected web of parts that have meaning only in relation with the whole. Human beings are only one connective part in wholeness, along with other creatures. The circular wholeness of life is all-embracing, an entirety that incorporates time while also being timeless, which makes it complete [23]. In a Western deficit sense, wholeness is a state of being undamaged or unbroken, i.e., by not being in ill health [34]. This view can be expanded with a Western constructionist perspective where wholeness is considered a state of being complete, sound, and harmonious, synonymous with unison.

#### **6. In conclusion: making the most of intramural diaspora**

In using Western theoretical approaches to help make sense of the cultural identity of indigenous peoples as a diasporic group in Canada, a national vision is shared to change the way in which we think about each other. Fundamentally this involves having universal knowledge of the different dimensions of ourselves involving the spiritual, emotional, mental, and physical in connection with and interdependency of each other and to let a cross-cultural identity unfold and grow in the relational space that exists around us. It appears that *wellness*, in a whole and holistic sense, offers a valuable and worthy conduit in order to achieve crosscultural identity.

Under the leadership of Canadian Prime Minister Justin Trudeau, who has become a standard bearer for internationalism in a time of major changes and turbulence, this country celebrated its 150th anniversary after British French settlers confederated to form the Dominion of Canada in 2017. Since the 1970s previous assimilation efforts are recognized as failures, compelling Canadians to act on a decolonization agenda by seeking changes in our relationships through healing wounds caused by unequal power and low self-esteem, through consultation and dialog, and through negotiation and regaining of greater control over own affairs.

Deep-rooted inequity marked by unbalanced power relations still persists in Canada. Successful negotiations by indigenous governments occur selectively and in narrow contexts. However, in recent years some land claim agreements were reached in exchange for extracting resources from which locals may share revenue and receive other benefits. This is a good start, while the need to diversify opportunities for local economic development among indigenous peoples remains dire.

While Canadian inhabitants are proud of many accomplishments in reflection on 150 years, we tread lightly on how we wear our identity. Responses to what sets Canadians apart are comfortably rife with nostalgic symbols representing:


Of course, these unique cultural characteristics are shifting in popularity over time too. In the same breath, Canadians take pride in diversity and stay politely away from defining ourselves on human equity grounds, but we will acknowledge scars from the recent past and point to the sharing of common values, aspirations, and dreams as we embody the spiritual, mental, physical, and emotional parts of self and culture. In preparing ourselves for being ready for the foreseeable future while other countries address their own identity crises and capitalize on their diasporas, it is imperative that Canadians, in unison, will need to be assertive in carving out a deeply distinctive voice.

#### **Conflict of interest**

There is no conflict of interest to be declared with respect to the scientific work submitted.

**59**

**Author details**

Carina Fiedeldey-Van Dijk

provided the original work is properly cited.

ePsy Consultancy, Aurora, Canada and University of Pretoria, South Africa

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium,

\*Address all correspondence to: carina@epsyconsultancy.com

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada*

*DOI: http://dx.doi.org/10.5772/intechopen.87583*

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada DOI: http://dx.doi.org/10.5772/intechopen.87583*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

turbulence, this country celebrated its 150th anniversary after British French settlers confederated to form the Dominion of Canada in 2017. Since the 1970s previous assimilation efforts are recognized as failures, compelling Canadians to act on a decolonization agenda by seeking changes in our relationships through healing wounds caused by unequal power and low self-esteem, through consultation and dialog, and through negotiation and regaining of greater control over own affairs. Deep-rooted inequity marked by unbalanced power relations still persists in Canada. Successful negotiations by indigenous governments occur selectively and in narrow contexts. However, in recent years some land claim agreements were reached in exchange for extracting resources from which locals may share revenue and receive other benefits. This is a good start, while the need to diversify opportunities for local economic development among indigenous peoples remains dire. While Canadian inhabitants are proud of many accomplishments in reflection on 150 years, we tread lightly on how we wear our identity. Responses to what sets

Canadians apart are comfortably rife with nostalgic symbols representing:

• Environmental activities (portaging (carrying of a canoe between navigable

stacked in the form of a human figure), dream catchers (small hoops containing mesh and decorated with feathers and beads), moccasins (leather shoes with decorative beading and fur), and Pow Wows (a feasting ceremony with

• Rich demonstrations of heritage (inukshuks (a structure of rough tones

• Distinctive beverages (maple syrup, beaver tails (hand-stretched, deepfried wheat-dough sweet indulgence) and Tim Hortons coffee with Timbits

• Several musicians and artists whose works are internationally acknowledged

Of course, these unique cultural characteristics are shifting in popularity over time too. In the same breath, Canadians take pride in diversity and stay politely away from defining ourselves on human equity grounds, but we will acknowledge scars from the recent past and point to the sharing of common values, aspirations, and dreams as we embody the spiritual, mental, physical, and emotional parts of self and culture. In preparing ourselves for being ready for the foreseeable future while other countries address their own identity crises and capitalize on their diasporas, it is imperative that Canadians, in unison, will need to be assertive in carving

There is no conflict of interest to be declared with respect to the scientific work

• Sport (ice hockey, curling, lumberjacking, and lacrosse)

waters) and moose hunting)

singing and dancing))

(mini-donuts))

out a deeply distinctive voice.

**Conflict of interest**

submitted.

and enjoyed

**58**

#### **Author details**

Carina Fiedeldey-Van Dijk ePsy Consultancy, Aurora, Canada and University of Pretoria, South Africa

\*Address all correspondence to: carina@epsyconsultancy.com

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

#### **References**

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[9] Indian Act. 1985. Available from: http://laws-lois.justice.gc.ca/eng/ acts/i-5/ [Accessed: August 16, 2018] [10] Hanson E. Reserves. First Nations and Indigenous Studies; University of British Columbia. 2009. Available from: https://indigenousfoundations.arts.ubc. ca/reserves/ [Accessed: August 16, 2018]

[11] Ben-Zaken A. From incommensurability of cultures to mutually embraced zones. In: Cross-Cultural Scientific Exchanges in the Eastern Mediterranean 1560-1660. Maryland: Johns Hopkins University Press; 2010. pp. 163-167

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[14] Yep GA. My three cultures: Navigating the multicultural identity landscape. In: Martin JN, Flores LA, Nakayama TK, editors. Intercultural Communication: Experiences and Contexts. Boston, MA: McGraw-Hill; 2002. pp. 1-61

[15] Jackson RL. The Negotiation of Cultural Identity: Perceptions of European Americans and African Americans. Westport, CT: Praeger; 1999

[16] Collier MJ. Theorizing cultural identifications: Critical updates and continuing evolution. In: Gudykunst WB, editor. Theorizing about Intercultural Communication. Thousand Oaks, CA: SAGE; 2005. pp. 235-256

[17] Berry JW. Introduction to methodology. In: Triandis HC, Berry JW, editors. Handbook of Cross-Cultural Psychology. Vol. 1. Boston: Allyn & Bacon; 1980. pp. 1-28

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[29] Lamsam TT. A cultural contracts perspective: Examining American Indian identity negotiations in

academia. Journal of Cultural Diversity.

[30] Jackson RL. Cultural contracts theory: Toward an understanding of identity negotiation. Communication Quarterly. 2002;**50**(3-4):359-367

[31] Hecht ML. 2002—A research odyssey: Toward the development of a communication theory of identity. Communication Monographs.

[32] Hecht ML, Warren J, Jung E, Krieger J. The communication theory of identity. In: Gudykunst WB, editor. Theorizing about Intercultural Communication. Thousand Oaks, CA:

[33] Imahori TT, Cupach WR. Identity management theory: Facework in intercultural relationships. In: Gudykunst WB, editor. Theorizing

SAGE; 2005. pp. 257-278

[28] Dumont J, National Native Addictions Partnership Foundation (NNAPF). Definition of Wellness. 2014. Available from: http:// www.addictionresearchchair.ca/

[Accessed: March 16, 2016]

2014;**21**(1):29-35

1993;**60**(1):76-82

[26] Orbe MP. Continuing the legacy of theorizing from the margins: Conceptualizations of co-cultural theory. Women and Language.

Hill; 2010. p. 166

2005;**28**(2):65-66

pp. 211-233

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[20] Delgado R, Stefancic J. Critical Race Theory: An Introduction. New York: New York University Press; 2001

[21] Fiedeldey-Van Dijk C, Rowan ML, Dell CA, Mushquash C, Hopkins C,

indigenous culture-as-intervention: Development and validity of the native wellness assessment™. Journal of Ethnicity in Substance Abuse. 2017;**16**(2):181-218. DOI: 10.1080/15332640.2015.1119774

[22] Health Canada. First National Mental Wellness Continuum Framework. Ontario: Ottawa; 2015.

[23] Hopkins C, Dumont J. Cultural healing practice within National Native Alcohol and Drug Abuse Program/ Youth Solvent Addiction Program Services. In: Discussion Pater for the Mental Health and Addictions Division, Community Programs Directorate, Fist Nations and Inuit Health Branch, Health

[24] Shome R. Postcolonial interventions in the rhetorical canon: An "other" view. Communication Theory.

[25] Martin JN, Nakayama TK. Intercultural Communication in

Canada. 2010. p. 52

1996;**6**(1):40-59

Fornssler B, et al. Honoring

[18] Kehily MJ. What is identity? A sociological perspective. In: ESRC Seminar Series, the Educational and Social Impact of New Technologies on Young People in Britain. London: London School of Economics; 2009

[19] Bartlett C, Marshall M, Marshall A. Two-eyed seeing and other lessons learned within a co-learning journey of bringing together indigenous and mainstream knowledges and ways of knowing. Journal of Environmental Studies and Sciences. 2012;**2**(4):1-13. DOI: 10.1007/

s13412-012-0086-8

*Feeding the Roots of Cultural Identity: Indigenous Wellness in Canada DOI: http://dx.doi.org/10.5772/intechopen.87583*

[18] Kehily MJ. What is identity? A sociological perspective. In: ESRC Seminar Series, the Educational and Social Impact of New Technologies on Young People in Britain. London: London School of Economics; 2009

[19] Bartlett C, Marshall M, Marshall A. Two-eyed seeing and other lessons learned within a co-learning journey of bringing together indigenous and mainstream knowledges and ways of knowing. Journal of Environmental Studies and Sciences. 2012;**2**(4):1-13. DOI: 10.1007/ s13412-012-0086-8

[20] Delgado R, Stefancic J. Critical Race Theory: An Introduction. New York: New York University Press; 2001

[21] Fiedeldey-Van Dijk C, Rowan ML, Dell CA, Mushquash C, Hopkins C, Fornssler B, et al. Honoring indigenous culture-as-intervention: Development and validity of the native wellness assessment™. Journal of Ethnicity in Substance Abuse. 2017;**16**(2):181-218. DOI: 10.1080/15332640.2015.1119774

[22] Health Canada. First National Mental Wellness Continuum Framework. Ontario: Ottawa; 2015. p. 64

[23] Hopkins C, Dumont J. Cultural healing practice within National Native Alcohol and Drug Abuse Program/ Youth Solvent Addiction Program Services. In: Discussion Pater for the Mental Health and Addictions Division, Community Programs Directorate, Fist Nations and Inuit Health Branch, Health Canada. 2010. p. 52

[24] Shome R. Postcolonial interventions in the rhetorical canon: An "other" view. Communication Theory. 1996;**6**(1):40-59

[25] Martin JN, Nakayama TK. Intercultural Communication in Contexts. 5th ed. Boston, MA: McGraw-Hill; 2010. p. 166

[26] Orbe MP. Continuing the legacy of theorizing from the margins: Conceptualizations of co-cultural theory. Women and Language. 2005;**28**(2):65-66

[27] Ting-Toomey S. Identity negotiation theory: Crossing cultural boundaries. In: Gudykunst WB, editor. Theorizing about Intercultural Communication. Thousand Oaks, CA: SAGE; 2005. pp. 211-233

[28] Dumont J, National Native Addictions Partnership Foundation (NNAPF). Definition of Wellness. 2014. Available from: http:// www.addictionresearchchair.ca/ creatingknowledge/national/honouringour-strengths-culture-as-intervention/ [Accessed: March 16, 2016]

[29] Lamsam TT. A cultural contracts perspective: Examining American Indian identity negotiations in academia. Journal of Cultural Diversity. 2014;**21**(1):29-35

[30] Jackson RL. Cultural contracts theory: Toward an understanding of identity negotiation. Communication Quarterly. 2002;**50**(3-4):359-367

[31] Hecht ML. 2002—A research odyssey: Toward the development of a communication theory of identity. Communication Monographs. 1993;**60**(1):76-82

[32] Hecht ML, Warren J, Jung E, Krieger J. The communication theory of identity. In: Gudykunst WB, editor. Theorizing about Intercultural Communication. Thousand Oaks, CA: SAGE; 2005. pp. 257-278

[33] Imahori TT, Cupach WR. Identity management theory: Facework in intercultural relationships. In: Gudykunst WB, editor. Theorizing

**60**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

[10] Hanson E. Reserves. First Nations and Indigenous Studies; University of British Columbia. 2009. Available from: https://indigenousfoundations.arts.ubc. ca/reserves/ [Accessed: August 16, 2018]

incommensurability of cultures to mutually embraced zones. In: Cross-Cultural Scientific Exchanges in the Eastern Mediterranean 1560-1660. Maryland: Johns Hopkins University

[12] Kesler L. Identity. First Nations and Indigenous Studies; University of British Columbia. 2009. Available from: https:// indigenousfoundations.arts.ubc.ca/ reserves/ [Accessed: August 16, 2018]

[13] Chen YW, Lin H. Cultural identities. In: Oxford Research Encyclopedia of Communication. 2016. pp. 1-22. DOI: 10.1093/acrefore/9780190228613.013.20

[14] Yep GA. My three cultures: Navigating the multicultural identity landscape. In: Martin JN, Flores LA, Nakayama TK, editors. Intercultural Communication: Experiences and Contexts. Boston, MA: McGraw-Hill;

[15] Jackson RL. The Negotiation of Cultural Identity: Perceptions of European Americans and African Americans. Westport, CT: Praeger; 1999

[16] Collier MJ. Theorizing cultural identifications: Critical updates and continuing evolution. In: Gudykunst WB, editor. Theorizing about Intercultural Communication. Thousand Oaks, CA: SAGE; 2005.

[17] Berry JW. Introduction to methodology. In: Triandis HC, Berry JW, editors. Handbook of Cross-Cultural Psychology. Vol. 1. Boston: Allyn & Bacon; 1980. pp. 1-28

2002. pp. 1-61

pp. 235-256

[11] Ben-Zaken A. From

Press; 2010. pp. 163-167

[1] Mendelsohn M. Canada is Now a Diaspora Nation. 2014. Available from: http://newcanadianmedia.ca/ item/13327-diaspora-nation [Accessed:

[2] Encyclopaedia Britannica. Diaspora. 2018. Available from: https://www. britannica.com/topic/Diaspora-Judaism

[3] Merriam-Webster. Definition of Diaspora. 2018. Available from: https:// www.merriam-webster.com/dictionary/ diaspora [Accessed: July 14, 2018]

[4] Haig-Brown C. Decolonizing

[5] FemNorthNet. Colonialism and Its Impacts. Resource Development in Northern Communities: Local Women Matter, Fact Sheet #3. Ottawa: The Canadian Research Institute for the Advancement of Women, Social Sciences and Humanities Research Council of Canada; 2016. p. 10

[6] Werbner P. The materiality of diaspora—Between aesthetic and "real" politics. Diaspora: A Journal of Transnational Studies. 2000;**9**(1):5-19.

[7] Canada Constitution Act, 1982. Parts I and II. 2018. Available from: http:// laws.justice.gc.ca/eng/Const/page-15. html#h-38 [Accessed: August 10, 2018]

[8] Statistics Canada. Aboriginal Peoples in Canada: Key Results from the 2016 Census. 2018. Available from: https:// www150.statcan.gc.ca/n1/dailyquotidien/171025/dq171025a-eng.htm

DOI 10.1353/dsp.2000.0010

[Accessed: August 16, 2018]

[9] Indian Act. 1985. Available from: http://laws-lois.justice.gc.ca/eng/ acts/i-5/ [Accessed: August 16, 2018]

diaspora: Whose traditional land are we on? Cultural and Pedagogical Inquiry. 2009;**1**(1):4-21. ISSN 1916-3460

August 15, 2018]

**References**

[Accessed: July 14, 2018]

#### *Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

about Intercultural Communication. Thousand Oaks, CA: SAGE; 2005. pp. 195-210

[34] English Oxford Living Dictionaries. Definition of Wholeness. 2018. Available from: https://en.oxforddictionaries. com/definition/wholeness [Accessed: August 28, 2018]

**63**

**Chapter 4**

**Abstract**

territory.

**1. Introduction**

extraction.

Amazon

*Ronald Fernando Quintana Arias*

Cultural Conception of Space and

With the objective of recognizing the cultural conception of space and development in the Colombian Amazon, an exploratory approach of documentary nature is developed to analyze the history of Amazonian settlement, the cosmogony-cosmology, the enrichment and/or impoverishment that generated the interaction between the indigenous and conquerors in "the creation of the new world," ecological relations, multilingualism, as well as the development of territory since a "geographic-environmental-humanistic" view, and the laws that currently protect indigenous peoples. It is concluded that the history of social relations has framed a syncretism between the visions of the populations about the world, the territory, development and economic interest, which positively and/or negatively feedback the protagonism of the ethnicities, the worldviews, the language, as well as the ways of relating to nature and therefore the indigenous perpetuity in the

**Keywords:** history, indigenous, laws, multilingualism, nature, worldviews

The study of population and settlement in the Colombian Amazon has exposed a debate on the conservation of the tropical humid forest and its inhabitants. On one hand, it exposes the native models of forest use as a reference for sustainable exploitation and on the other, the government proposes economic models of land use that claim to be sustainable in unsustainable contexts such as mining and oil

Due to the above, it is necessary to recognize the historical relationship between the indigenous and the territory from the social, ecological, political and economic transversality that allows to generate an approximation to the dynamics that have conditioned the cultural conception of space and development in the Colombian Amazon. For this purpose, the present article aimed to contemplate the cultural origin of the territory and the dynamics that have been generated until the present, through a documentary synthesis that analyzed: physical and human geography of the Amazon, basic principles of the indigenous universe, the importance of myth and science, the essentials of the old and the new, the non-places and the world of waters, the development of the territory from the humanistic environmental geographic view, indigenous

Development in the Colombian

#### **Chapter 4**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

about Intercultural Communication. Thousand Oaks, CA: SAGE; 2005.

[34] English Oxford Living Dictionaries. Definition of Wholeness. 2018. Available from: https://en.oxforddictionaries. com/definition/wholeness [Accessed:

pp. 195-210

August 28, 2018]

**62**

## Cultural Conception of Space and Development in the Colombian Amazon

*Ronald Fernando Quintana Arias*

#### **Abstract**

With the objective of recognizing the cultural conception of space and development in the Colombian Amazon, an exploratory approach of documentary nature is developed to analyze the history of Amazonian settlement, the cosmogony-cosmology, the enrichment and/or impoverishment that generated the interaction between the indigenous and conquerors in "the creation of the new world," ecological relations, multilingualism, as well as the development of territory since a "geographic-environmental-humanistic" view, and the laws that currently protect indigenous peoples. It is concluded that the history of social relations has framed a syncretism between the visions of the populations about the world, the territory, development and economic interest, which positively and/or negatively feedback the protagonism of the ethnicities, the worldviews, the language, as well as the ways of relating to nature and therefore the indigenous perpetuity in the territory.

**Keywords:** history, indigenous, laws, multilingualism, nature, worldviews

#### **1. Introduction**

The study of population and settlement in the Colombian Amazon has exposed a debate on the conservation of the tropical humid forest and its inhabitants. On one hand, it exposes the native models of forest use as a reference for sustainable exploitation and on the other, the government proposes economic models of land use that claim to be sustainable in unsustainable contexts such as mining and oil extraction.

Due to the above, it is necessary to recognize the historical relationship between the indigenous and the territory from the social, ecological, political and economic transversality that allows to generate an approximation to the dynamics that have conditioned the cultural conception of space and development in the Colombian Amazon. For this purpose, the present article aimed to contemplate the cultural origin of the territory and the dynamics that have been generated until the present, through a documentary synthesis that analyzed: physical and human geography of the Amazon, basic principles of the indigenous universe, the importance of myth and science, the essentials of the old and the new, the non-places and the world of waters, the development of the territory from the humanistic environmental geographic view, indigenous

ecological relations, indigenous peoples and multilingualism, and legal norms in relation to the indigenous peoples of Colombia.

#### **2. Physical and human geography of the Amazon**

Studies that have used carbon 14 to analyze fossil records have generated a reassessment of autochthonous theses and theories of immigration across the seas to America, elucidating a continental proto-settlement, which began 40,000 years ago, from north to south (Alaska to Tierra del Fuego). In this way, the human traits extracted throughout the hemisphere correspond to dolichocephalic (Indonesia), mesocephalic (Melanesia) and brachycephalic (Mongolians), peoples from the eastern and south-eastern part of the Asian continent, sometimes well differentiated and others crossed as consequence of the interaction within the migratory flow [1–5].

It should be borne in mind that the reasons why the Central American settlements (Mayas, Toltecas and Aztecas) were the most brilliant civilizations of the new continent, is due to the fact that an absolutely continuous trajectory in the continental proto-population was not generated. The initial dynamics of migration flowed towards the east and the west, resulting in changes among migratory groups, which characterized future settlements that followed the order of the "religion of the sun" [6, 7].

Thus, the first settlers who came to Patagonia and the end of the southern cone, would return to the north, under the idea of finding better natural resources, through tributary streams and settlements on the river banks during the journey, until arriving at the net of the Orinoquia and Amazon (Tupi word that means boat destroyer) better known as Amazon. This is evidenced by the somatic foundation of the peoples of ancient Bolivia, Peru, and the entire Amazon region. Also, the phenotypic, linguistic and ethnographic variations that occurred among all settlements, were due to the environmental differences of the different stages and blood fusions of the proto-population [8].

Due to the above, relationships between geology-time, and geography-history are established. We speak of cultures with two religions that converge in their relationship with the moon, a "religion of the sun" and a "religion of water." This is evident in the dynamics of the different communities that settled in the three great Amazonian landscapes: rock outcrops, sedimentary valleys and plains (Freshwater swamp). This is likely to have been characterized by drastic climatic changes and the orientation of seasonal natural cycles, rainfalls, fishing season, and fruiting of trees; so, human geography arises from the relationship between geography and the history of natural cycles [9, 10].

Precisely, this human geography leads to discuss about the "humanization of the forest" and the social history of the seeds, due to an anthropic intervention dating back more than 10,000 years by scientific consensus [11], and also because different ethnic groups have been masked with representative symbols like "Bochica" (also known as Nemqueteba, Nemquereteba, Sadigua, Chimizapagua), which explained the origin of many of the vegetal formations that are in the zone, giving account of psychological processes of craft teaching and politics of indoctrination [12].

This is how myth turned into the explanation of origin. Death of the tree of life, abundance and biodiversity originated the Amazon River (Payabarazu) and the worlds. The ancestral serpent ("Dïïjoma," "Yakuruna," "Añiraima") was the remnant of the migratory wave of the water ethnicities [10]. But it was only from the maloca that the perception of the "shamanic world" and the networks of thought were marked [13]. The intervention of the human being was masked and the gender roles that emphasized the masculine and feminine essence were distinguished, the latter being the "fundamental of life" [14].

**65**

*Cultural Conception of Space and Development in the Colombian Amazon*

between health-nature-culture complete and indissoluble [15].

**3. Basic principles of the indigenous universe**

munity life, respect, and ritualism.

from complementary perspectives [16].

as the non-place1

From this moment, a way of life was conceived. It tends to take care of the environment and aims for the reason of the human being in the nature, where the indigenous person not only looked for consumption, well-being and acquisition of material goods, but acceded to other levels of consciousness that facilitated the state of transcendence and the perspective of collective property, making the relation

According to several authors [13, 14, 16–19], the indigenous universe is a living network of thought that sees everything as something more than the sum of its parts. In this sense, Gavilán-Pinto [16] talks about the fundamental principles of that universe being these: parity, complementary opposition, cosmological, com-

Parity constitutes the fundamental basis of unity in natural and human diversity from seeming opposites that complement each other. It is noteworthy that parity is not duality, the duality for Descartes is based on the interaction and differences between material (body) and immaterial (mind) in a particular place that he called "epiphysis." But the non-identification of that place of interaction between the material and the immaterial makes us speak of a quantum theory that would be closer to the philosophy of the indigenous peoples [16]; what Quintana [14] defines

 that is generated in the macro shamanistic space. The principle of complementary opposition is based on observations of complementarity in nature (Life-Death, Day-Night, Male-Female, among others), which shows a logic that must contemplate several points of view and therefore, questioning the normality in a system, which would enrich the realities (simple or complex)

The cosmological principle unites worlds, space, time, culture and history. It is an interaction of the infinite with the finite. In this way, many cultures contemplate mythical origin, enriched by cultural dynamisms, as the sense of occupying that space and relating to its environment. In this sense, Quintana [20] quotes Nimuendaju [21]

*"(...) for the Tikuna the sky presents three subdivisions: the first one is inhabited by men similar to us; in the second live the souls of the deceased and a mythological being (Tae), whom at birth a child gives a soul; in the last live the vultures' kings (Vultur papa). Further away are the Sun (üakü), the Moon (Tawema kü) and the Stars (Êta). The earth or the intermediate world is inhabited by men and some demons; The underworld comprises the underwater region and various lands where demons and humans live with strange defects (blind, dwarf, deaf, people with-no anus)" (p. 103).*

The principle of community life is based on a reflection of personal and collective experiences (ancestral knowledge, cultural values, cosmology and practices), which makes *indigenous peoples live from real rather than abstract experiences* ([16]. p, 24), generating a new knowledge. Quintana [22] indicates that for indigenous cultures it is the body that is under construction and not the soul. So, that the management given to the body along with morality will be reflected in the diseases and the type of collective treatment of them. Thus, it can be considered that the way of

The principle of respect and rituality is the mytheme of the cultural identity of the ethnic groups. This consists in the greeting and permission of action to

<sup>1</sup> Space that arises between the territorialization of the body and spaces of cultural importance.

living or not living in community directly influences health.

*DOI: http://dx.doi.org/10.5772/intechopen.87475*

From this moment, a way of life was conceived. It tends to take care of the environment and aims for the reason of the human being in the nature, where the indigenous person not only looked for consumption, well-being and acquisition of material goods, but acceded to other levels of consciousness that facilitated the state of transcendence and the perspective of collective property, making the relation between health-nature-culture complete and indissoluble [15].

### **3. Basic principles of the indigenous universe**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

relation to the indigenous peoples of Colombia.

and blood fusions of the proto-population [8].

history of natural cycles [9, 10].

latter being the "fundamental of life" [14].

**2. Physical and human geography of the Amazon**

ecological relations, indigenous peoples and multilingualism, and legal norms in

Studies that have used carbon 14 to analyze fossil records have generated a reassessment of autochthonous theses and theories of immigration across the seas to America, elucidating a continental proto-settlement, which began 40,000 years ago, from north to south (Alaska to Tierra del Fuego). In this way, the human traits extracted throughout the hemisphere correspond to dolichocephalic (Indonesia), mesocephalic (Melanesia) and brachycephalic (Mongolians), peoples from the eastern and south-eastern part of the Asian continent, sometimes well differentiated and others crossed as consequence of the interaction within the migratory flow [1–5]. It should be borne in mind that the reasons why the Central American settlements (Mayas, Toltecas and Aztecas) were the most brilliant civilizations of the new continent, is due to the fact that an absolutely continuous trajectory in the continental proto-population was not generated. The initial dynamics of migration flowed towards the east and the west, resulting in changes among migratory groups, which characterized future settlements that followed the order of the "religion of the sun" [6, 7]. Thus, the first settlers who came to Patagonia and the end of the southern cone, would return to the north, under the idea of finding better natural resources, through tributary streams and settlements on the river banks during the journey, until arriving at the net of the Orinoquia and Amazon (Tupi word that means boat destroyer) better known as Amazon. This is evidenced by the somatic foundation of the peoples of ancient Bolivia, Peru, and the entire Amazon region. Also, the phenotypic, linguistic and ethnographic variations that occurred among all settlements, were due to the environmental differences of the different stages

Due to the above, relationships between geology-time, and geography-history are established. We speak of cultures with two religions that converge in their relationship with the moon, a "religion of the sun" and a "religion of water." This is evident in the dynamics of the different communities that settled in the three great Amazonian landscapes: rock outcrops, sedimentary valleys and plains (Freshwater swamp). This is likely to have been characterized by drastic climatic changes and the orientation of seasonal natural cycles, rainfalls, fishing season, and fruiting of trees; so, human geography arises from the relationship between geography and the

Precisely, this human geography leads to discuss about the "humanization of the forest" and the social history of the seeds, due to an anthropic intervention dating back more than 10,000 years by scientific consensus [11], and also because different ethnic groups have been masked with representative symbols like "Bochica" (also known as Nemqueteba, Nemquereteba, Sadigua, Chimizapagua), which explained the origin of many of the vegetal formations that are in the zone, giving account of psychological processes of craft teaching and politics of indoctrination [12].

This is how myth turned into the explanation of origin. Death of the tree of life, abundance and biodiversity originated the Amazon River (Payabarazu) and the worlds. The ancestral serpent ("Dïïjoma," "Yakuruna," "Añiraima") was the remnant of the migratory wave of the water ethnicities [10]. But it was only from the maloca that the perception of the "shamanic world" and the networks of thought were marked [13]. The intervention of the human being was masked and the gender roles that emphasized the masculine and feminine essence were distinguished, the

**64**

According to several authors [13, 14, 16–19], the indigenous universe is a living network of thought that sees everything as something more than the sum of its parts. In this sense, Gavilán-Pinto [16] talks about the fundamental principles of that universe being these: parity, complementary opposition, cosmological, community life, respect, and ritualism.

Parity constitutes the fundamental basis of unity in natural and human diversity from seeming opposites that complement each other. It is noteworthy that parity is not duality, the duality for Descartes is based on the interaction and differences between material (body) and immaterial (mind) in a particular place that he called "epiphysis." But the non-identification of that place of interaction between the material and the immaterial makes us speak of a quantum theory that would be closer to the philosophy of the indigenous peoples [16]; what Quintana [14] defines as the non-place1 that is generated in the macro shamanistic space.

The principle of complementary opposition is based on observations of complementarity in nature (Life-Death, Day-Night, Male-Female, among others), which shows a logic that must contemplate several points of view and therefore, questioning the normality in a system, which would enrich the realities (simple or complex) from complementary perspectives [16].

The cosmological principle unites worlds, space, time, culture and history. It is an interaction of the infinite with the finite. In this way, many cultures contemplate mythical origin, enriched by cultural dynamisms, as the sense of occupying that space and relating to its environment. In this sense, Quintana [20] quotes Nimuendaju [21]

*"(...) for the Tikuna the sky presents three subdivisions: the first one is inhabited by men similar to us; in the second live the souls of the deceased and a mythological being (Tae), whom at birth a child gives a soul; in the last live the vultures' kings (Vultur papa). Further away are the Sun (üakü), the Moon (Tawema kü) and the Stars (Êta). The earth or the intermediate world is inhabited by men and some demons; The underworld comprises the underwater region and various lands where demons and humans live with strange defects (blind, dwarf, deaf, people with-no anus)" (p. 103).*

The principle of community life is based on a reflection of personal and collective experiences (ancestral knowledge, cultural values, cosmology and practices), which makes *indigenous peoples live from real rather than abstract experiences* ([16]. p, 24), generating a new knowledge. Quintana [22] indicates that for indigenous cultures it is the body that is under construction and not the soul. So, that the management given to the body along with morality will be reflected in the diseases and the type of collective treatment of them. Thus, it can be considered that the way of living or not living in community directly influences health.

The principle of respect and rituality is the mytheme of the cultural identity of the ethnic groups. This consists in the greeting and permission of action to

<sup>1</sup> Space that arises between the territorialization of the body and spaces of cultural importance.

the owners or spirits of places, plants and/or animals, which has implications of remembering stories of the resource origin and the moral behavior that people must have in the community. In this sense, the mythical history of the place, plant and/or animal is vital at the time of its use, because it gives an indication of why to use it or not. It is thus that the "legitimate" use of the place, plant and/or animal at the level of ethnics or even of clans can be valid or not to the ethnic groups that use similar places and/or the same plant and/or animal for different uses [23].

In this sense, the problem of generating spaces in the western school arises, where these traditional indigenous logics could be integrated. In order to articulate them it is necessary to contemplate ethnic education as a form of environmental management that contemplates cultural syncretism and multilingualism [17].

#### **4. The importance of myth and science: the Yakuruna and the human being**

The search for evidence of the similarity between rock art and myth [24] has helped to raise and reconsider hypotheses that contribute to the establishment of cultural sequences, indispensable for the understanding of history. This makes this kind of discoveries go beyond the aesthetic, as it frames the relationship between nature and the human being as a fundamental part of cultural history [10].

Likewise, these characteristics reveal a historical temporality that accounts for indigenous developments, which lead to the reevaluation of the "need" to resort to translocation disguised as cultural loans, which make indigenous peoples look like dependent and incapacitated. This feature has covered the longest cultural genocide in history since it not only limited the extraction of "green gold" from its territories [22], but also brought contempt for the greatest of its treasures: "the Indigenous spirit," turning art (oral, handicrafts, petroglyphs, music and paintings) into weapons that endured beyond silence: in an "invisible shadow" [20].

In this way, the relationship between the snake and the human being has been a common characteristic of diverse ethnic groups of the Amazon; the "mytheme", which summons their unity through the mythical idea of a common origin ("Dïïjoma," "Yakuruna," "Añiraima"), masking in this relation the essence of the primordial sense of humanity and the demiurgic force which assigned a place not only in a geographical space but in "the universal concert" [14].

The myth characterizes the space, conditioning the first contact with nature [22], it forms part of the social structure as it generates channels of communication not only with grandparents, plants and sacred animals "owners," but with the past, present and future. Therefore, the management of the world involves relations with the beings of this world and those of the spiritual world [13], which enriches and characterizes the vision of the environment inside and outside the indigenous communities.

#### **5. The essentials of the old and the new: their influence in the creation of the new world**

Due to the European and African expansion in the American geo-historical space, the results of the ideas, feelings, beliefs, opinions and attitudes of the meeting of the three worlds were generated, forging a collective mentality reflecting the new society where they developed [25].

The mixture of Spanish chivalric, religious and mercantilist ideals, as well as the assimilation of indigenous productive systems by the invaders (Europeans and Africans), generated different "New-ethnicities" [26] characterized by the

**67**

*Cultural Conception of Space and Development in the Colombian Amazon*

tence through forced insertion in previously organized societies [27].

relationship between them. This gave the natives a unifying role that led to the "indianization" of Spanish and African, as part of a system of response to subsis-

Based on the above, indigenous ethnic backgrounds are gaining importance in the conquest due to the diversity of aboriginal ethnic groups subjected to the processes of cultural transformation, variability of the mode of production-subsistence and diversity of ecosystems, which added to the irregular processes of conquest as to the times and models of penetration along with miscegenation gave rise to the "myth of the new world." The inter-ethnic turned into an inter-fecundating and complementary force, as opposed to the inter-classist dynamics that result in conflict and genocide [26]. The chivalrous ideals, the beliefs and rites characteristic of the Middle Ages, were mixed with aristocratic aspirations, mercantilist ideals and images of a world full of new worldviews, converting the loss cities, the treasures and the indigenous worlds, into the mythic forces and the impellers of the conquest. In this order of ideas, the old and the new were intertwined reproducing their essentialities, in which indigenous mythology enriched the European fixing actions and through the decisions of the leaders who modified the changes and goals of society [28–32], This stimulates the colonization of new territories and gave rise to an "antagonistic

This cultural hybridization made the Europeans project their treasures in the "new world." Thus, the myths of: Dorado; Metha; Xeira; Tree of Life (Wochine in the Amazon); World of waters (Yakuruna) created the stimulus that led to the conquest, which, even if they were not able to explain the indigenous myth from European mythological ideas and traditions, they projected the reality of natural resources, the beauty of landscapes and scarcely the depth of indigenous traditions.

To talk of a non-place is to retake those spaces that only allow "to be" when the identity is contributed [34], therefore the description of the world in abstract terms serves to form an affective bond between places [35] and people "geographic actor" [36], in which the perception of territory (direct contact with space) along with its cognition (spaces where the "geographical actor" has never been present) contribute to symbolic elements [37] that will affect the conception

In this way, a revaluation of the mechanistic notions of the idea of space under the physical notions (large, high, width, long, small) has been generated, added to the relativism of dimensions depending on the observer's point of view [38]. This enables the human being to move both in time and space, facilitating the understanding of the world, describing the here and now, placing an "all" in it through the maps [39]. According to the worldview of the "river ethnics" (the major water source depends on ethnicity), which was originated by the mythical tree that in its fall gave shape to the great basin and the worlds (earth, sky, water), characterizing in this case the Amazon as a large and diverse place in such aspects as: natural, geological, climatological, flora, fauna, water, and also in regard to the societies and cultures that occupy it. "The allocation of a territory to each group is born of the cultural need to define discontinuous entities that allows an order that avoids chaos (...) that serves to live well" ([13], p. 131); So, the allocation, as the guideline for organization and recognition of tribal territories, is related to predetermined sites of the land-

In this sense, indigenous peoples territorialize their body and incorporate from their rituals, powers of essences (owners) as an integral part of the "being" (world),

*DOI: http://dx.doi.org/10.5772/intechopen.87475*

acculturation" by the transcultural dynamics [33].

**6. Non-places and the world of waters**

scape: "the mythical place of birth" [17].

and valuation of space [17].

#### *Cultural Conception of Space and Development in the Colombian Amazon DOI: http://dx.doi.org/10.5772/intechopen.87475*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

places and/or the same plant and/or animal for different uses [23].

the owners or spirits of places, plants and/or animals, which has implications of remembering stories of the resource origin and the moral behavior that people must have in the community. In this sense, the mythical history of the place, plant and/or animal is vital at the time of its use, because it gives an indication of why to use it or not. It is thus that the "legitimate" use of the place, plant and/or animal at the level of ethnics or even of clans can be valid or not to the ethnic groups that use similar

In this sense, the problem of generating spaces in the western school arises, where these traditional indigenous logics could be integrated. In order to articulate them it is necessary to contemplate ethnic education as a form of environmental management that contemplates cultural syncretism and multilingualism [17].

**4. The importance of myth and science: the Yakuruna and the human** 

The search for evidence of the similarity between rock art and myth [24] has helped to raise and reconsider hypotheses that contribute to the establishment of cultural sequences, indispensable for the understanding of history. This makes this kind of discoveries go beyond the aesthetic, as it frames the relationship between nature and the human being as a fundamental part of cultural history [10].

Likewise, these characteristics reveal a historical temporality that accounts for indigenous developments, which lead to the reevaluation of the "need" to resort to translocation disguised as cultural loans, which make indigenous peoples look like dependent and incapacitated. This feature has covered the longest cultural genocide in history since it not only limited the extraction of "green gold" from its territories [22], but also brought contempt for the greatest of its treasures: "the Indigenous spirit," turning art (oral, handicrafts, petroglyphs, music and paintings) into

In this way, the relationship between the snake and the human being has been a common characteristic of diverse ethnic groups of the Amazon; the "mytheme", which summons their unity through the mythical idea of a common origin ("Dïïjoma," "Yakuruna," "Añiraima"), masking in this relation the essence of the primordial sense of humanity and the demiurgic force which assigned a place not

The myth characterizes the space, conditioning the first contact with nature [22], it forms part of the social structure as it generates channels of communication not only with grandparents, plants and sacred animals "owners," but with the past, present and future. Therefore, the management of the world involves relations with the beings of this world and those of the spiritual world [13], which enriches and characterizes the vision of the environment inside and outside the indigenous communities.

**5. The essentials of the old and the new: their influence in the creation of** 

Due to the European and African expansion in the American geo-historical space, the results of the ideas, feelings, beliefs, opinions and attitudes of the meeting of the three worlds were generated, forging a collective mentality reflecting the

The mixture of Spanish chivalric, religious and mercantilist ideals, as well as the assimilation of indigenous productive systems by the invaders (Europeans and Africans), generated different "New-ethnicities" [26] characterized by the

weapons that endured beyond silence: in an "invisible shadow" [20].

only in a geographical space but in "the universal concert" [14].

**66**

**the new world**

new society where they developed [25].

**being**

relationship between them. This gave the natives a unifying role that led to the "indianization" of Spanish and African, as part of a system of response to subsistence through forced insertion in previously organized societies [27].

Based on the above, indigenous ethnic backgrounds are gaining importance in the conquest due to the diversity of aboriginal ethnic groups subjected to the processes of cultural transformation, variability of the mode of production-subsistence and diversity of ecosystems, which added to the irregular processes of conquest as to the times and models of penetration along with miscegenation gave rise to the "myth of the new world." The inter-ethnic turned into an inter-fecundating and complementary force, as opposed to the inter-classist dynamics that result in conflict and genocide [26].

The chivalrous ideals, the beliefs and rites characteristic of the Middle Ages, were mixed with aristocratic aspirations, mercantilist ideals and images of a world full of new worldviews, converting the loss cities, the treasures and the indigenous worlds, into the mythic forces and the impellers of the conquest. In this order of ideas, the old and the new were intertwined reproducing their essentialities, in which indigenous mythology enriched the European fixing actions and through the decisions of the leaders who modified the changes and goals of society [28–32], This stimulates the colonization of new territories and gave rise to an "antagonistic acculturation" by the transcultural dynamics [33].

This cultural hybridization made the Europeans project their treasures in the "new world." Thus, the myths of: Dorado; Metha; Xeira; Tree of Life (Wochine in the Amazon); World of waters (Yakuruna) created the stimulus that led to the conquest, which, even if they were not able to explain the indigenous myth from European mythological ideas and traditions, they projected the reality of natural resources, the beauty of landscapes and scarcely the depth of indigenous traditions.

#### **6. Non-places and the world of waters**

To talk of a non-place is to retake those spaces that only allow "to be" when the identity is contributed [34], therefore the description of the world in abstract terms serves to form an affective bond between places [35] and people "geographic actor" [36], in which the perception of territory (direct contact with space) along with its cognition (spaces where the "geographical actor" has never been present) contribute to symbolic elements [37] that will affect the conception and valuation of space [17].

In this way, a revaluation of the mechanistic notions of the idea of space under the physical notions (large, high, width, long, small) has been generated, added to the relativism of dimensions depending on the observer's point of view [38]. This enables the human being to move both in time and space, facilitating the understanding of the world, describing the here and now, placing an "all" in it through the maps [39].

According to the worldview of the "river ethnics" (the major water source depends on ethnicity), which was originated by the mythical tree that in its fall gave shape to the great basin and the worlds (earth, sky, water), characterizing in this case the Amazon as a large and diverse place in such aspects as: natural, geological, climatological, flora, fauna, water, and also in regard to the societies and cultures that occupy it. "The allocation of a territory to each group is born of the cultural need to define discontinuous entities that allows an order that avoids chaos (...) that serves to live well" ([13], p. 131); So, the allocation, as the guideline for organization and recognition of tribal territories, is related to predetermined sites of the landscape: "the mythical place of birth" [17].

In this sense, indigenous peoples territorialize their body and incorporate from their rituals, powers of essences (owners) as an integral part of the "being" (world), converting the geographical space in which the group was born, not only into the source of ethnic identity, but into the basis of the "shamanistic macrosphere." From this, territorial associations generate networks between malocas [40] and tunnels between territories and other worlds that only the shamans know and have access to. Van der Hammen [13] reported the existence of subterranean tunnels reported to her by "Chapune," and attributed to them the displacement of fish from the Caquetá River to the middle lakes of Mirití. This evidence the existence of "shamanistic territory" which can be understood through the maloca [17].

The maloca represents the universe in a concrete system, making it accessible and enabling actions in it. Its location is related to the myths of origin, consolidating territorial associations as a "world order" ("Dïïjoma," "Yakuruna," "Añiraima"), which in turn establishes models of social relations and spatial management for each ethnic group (mythical, ritual and human), memory (moral and political), history of the territory, source (power, defense, identity, ethnic cohesion), and life. [14].

It should be borne in mind that the Amazon has been occupied by human groups for ~10,000 years [11]. Thus, relations were established with the environment "nature," which through European contact were decimated and displaced by the extractivist mentality. In this way, the Amazon as a "pantry" was incorporated in globalization, and thus in territorial disputes of countries for which it has been a remote frontier [17].

As a result, the European legacy left a vision of territory from "scientific thinking," a mapped and delimited geographic space, which defines the sovereignty of a political power, in charge of managing, controlling and defending resources (capital territory) and Human groups that exist there, a territory that exists independently of humans, although these give it meaning [14].

From the above-mentioned characteristics, the interbreeding between indigenous peoples, Europeans and Africans, generated a cultural, social and political complexity, forming an Amazonian rural population, living from the jungle and the waters, a "forest society" of indigenous roots [41]. They gained access to public education and public services through interaction with the market and cities. Because of this, the "extractivist" mentality of European heritage took a multicultural and environmentalist turn, which encouraged the formulation of cultural and natural conservation and protection policies [42], "which in the case of Colombia is reflected in the institution of indigenous reservations in the 1980s and the 1991 Political Constitution" ([14], p. 99).

*"(...) the presence of the State has generated a homogenization of the differences (territorial logics) camouflaged in a policy of 'national unity', whose strengthening of ethnic and cultural specificities does not take into account that the fact that ethnic groups share a 'Shamanic macrospace' implies a 'world order', where the management of territorial space is a supra-ethnic legacy of care of this great being (Planet Earth)" ([14], p. 100).*

The differences in world conceptions between indigenous and western territorial logics have led to a different recognition of the problems of cultural and natural protection and conservation by these two actors. In response to the above, [43, 44] are generated, but because they are laws that try to integrate an indigenous logic2 and a western logic3 in a territory characterized by armed conflict (illicit crops),

**69**

*Cultural Conception of Space and Development in the Colombian Amazon*

and policies of exploitation by the government (agroindustry crops, hydrocarbons, minerals and hydroelectric dams) [14], the need to establish negotiation tables

**7. The development of the territory from the geographic-environmental-**

Geologically it could be said that the forests due to the estuaries and an atmosphere with greater amount of oxygen and carbon dioxide, came to feed the oceanic life and contributed to the formation of the continental life. Colombia being an equatorial country, its jungles are the relation with the water of: oceanic masses (Pacific, Caribbean, Atlantic), banks of clouds (glaciers, Andes), Amazonian evaporation, which together generate a zone of convergence where the rivers are born [46],

"the world of water" that feeds not only the jungle slopes but all the Amazon.

The loss of the jungles [47] or the "Eco-todo" have generated a search for solutions that have not taken into account socio-historical bases or processes of devastation [48]. So, these must be seen from the glaciations, whose studies and evidence show that the jungle has not always been there and has been in other places. In other words, the jungle was transformed into savannahs, which became refuges where life had the possibility of being born, spiced, differentiated, and diversified [17]. From the previous idea, the forest can be considered as a "matrix of life," where there are trees that can live between 600 and 1000 years [49]. Each stratum generated niches where their relationships and connections have led the forest to be considered the largest organism on the planet, so human beings established a mutualism with it, generating a niche to themselves and to the planet. They converted some of its plants into channels in other worlds "Entheogens" [50], which, because of their complexity and relationship, allowed a non-scientific knowledge of the forest, which gave it a much greater sense of transcendence and mutual belonging, generating an environmental and social history of the seeds, which makes necessary the "naturist" revaluation of nature. It should be noted that the process of European conquest, changed the way of recognizing and relating to the jungle, and altered the "vision of environment," which generated an "Andean-Amazonian" landscape, under a vision of territory as "pantry," which became over time in: Bioprospection, Bio piracy (looting of resources with State complicity and intense development of scientific exploration), transforming the jungle in a Bio business (projection of multinational business interests: policies of privatization, denationalization and loss of autonomy), which

Also, in its beginnings, this European model of forest management, made invisible the relationship between plants and the soil by not taking into account that from this the different layers that make up the soil are formed. Due to this, the dynamics of felling, fire, pasture and livestock, caused that arable land was devastated by water and the wind causing erosion, which generated borders between the territories [51], reason why it can be considered that "the evolution of the forest," in agricultural systems, livestock and plantations of European and non-indigenous

In this vein, the European model of forest management left behind an inheritance of an "extractive" development mentality that produces poverty and misery, which does not reinvest in the territory, perhaps because investors are not interested in ending the armed conflict, but just in the fact that these conflicts provide them with advantages that facilitate their intervention, in which "rationality" makes them superior for the fulfillment of their interests but not responsible. So, the vision of "strategic ecosystems" disconnected the sensibility and joint search for answers and

*DOI: http://dx.doi.org/10.5772/intechopen.87475*

**humanistic view**

under participatory methodologies arises [45].

leads it to be a territory to deplete and destroy [22].

legacy (soils of biochar) marks the beginning of the end of it.

<sup>2</sup> It privileges a vital center over the boundary, "condenses" time, it has a vision of "home territory" (humanized space) and opposes human and nonhuman people [14].

<sup>3</sup> It privileges the limit to demarcate its scope, it has a linear vision of time and a vision of "territorycapital" that opposes the natural to the cultural [14].

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

istic territory" which can be understood through the maloca [17].

cohesion), and life. [14].

of humans, although these give it meaning [14].

Political Constitution" ([14], p. 99).

*(Planet Earth)" ([14], p. 100).*

capital" that opposes the natural to the cultural [14].

(humanized space) and opposes human and nonhuman people [14].

converting the geographical space in which the group was born, not only into the source of ethnic identity, but into the basis of the "shamanistic macrosphere." From this, territorial associations generate networks between malocas [40] and tunnels between territories and other worlds that only the shamans know and have access to. Van der Hammen [13] reported the existence of subterranean tunnels reported to her by "Chapune," and attributed to them the displacement of fish from the Caquetá River to the middle lakes of Mirití. This evidence the existence of "shaman-

The maloca represents the universe in a concrete system, making it accessible and enabling actions in it. Its location is related to the myths of origin, consolidating territorial associations as a "world order" ("Dïïjoma," "Yakuruna," "Añiraima"), which in turn establishes models of social relations and spatial management for each ethnic group (mythical, ritual and human), memory (moral and political), history of the territory, source (power, defense, identity, ethnic

It should be borne in mind that the Amazon has been occupied by human groups for ~10,000 years [11]. Thus, relations were established with the environment "nature," which through European contact were decimated and displaced by the extractivist mentality. In this way, the Amazon as a "pantry" was incorporated in globalization, and thus in territorial disputes of countries for which it has been a remote frontier [17]. As a result, the European legacy left a vision of territory from "scientific thinking," a mapped and delimited geographic space, which defines the sovereignty of a political power, in charge of managing, controlling and defending resources (capital territory) and Human groups that exist there, a territory that exists independently

From the above-mentioned characteristics, the interbreeding between indigenous peoples, Europeans and Africans, generated a cultural, social and political complexity, forming an Amazonian rural population, living from the jungle and the waters, a "forest society" of indigenous roots [41]. They gained access to public education and public services through interaction with the market and cities. Because of this, the "extractivist" mentality of European heritage took a multicultural and environmentalist turn, which encouraged the formulation of cultural and natural conservation and protection policies [42], "which in the case of Colombia is reflected in the institution of indigenous reservations in the 1980s and the 1991

*"(...) the presence of the State has generated a homogenization of the differences (territorial logics) camouflaged in a policy of 'national unity', whose strengthening of ethnic and cultural specificities does not take into account that the fact that ethnic groups share a 'Shamanic macrospace' implies a 'world order', where the management of territorial space is a supra-ethnic legacy of care of this great being* 

The differences in world conceptions between indigenous and western territorial logics have led to a different recognition of the problems of cultural and natural protection and conservation by these two actors. In response to the above, [43, 44] are generated, but because they are laws that try to integrate an indigenous logic2

<sup>2</sup> It privileges a vital center over the boundary, "condenses" time, it has a vision of "home territory"

<sup>3</sup> It privileges the limit to demarcate its scope, it has a linear vision of time and a vision of "territory-

in a territory characterized by armed conflict (illicit crops),

**68**

and a western logic3

and policies of exploitation by the government (agroindustry crops, hydrocarbons, minerals and hydroelectric dams) [14], the need to establish negotiation tables under participatory methodologies arises [45].

#### **7. The development of the territory from the geographic-environmentalhumanistic view**

Geologically it could be said that the forests due to the estuaries and an atmosphere with greater amount of oxygen and carbon dioxide, came to feed the oceanic life and contributed to the formation of the continental life. Colombia being an equatorial country, its jungles are the relation with the water of: oceanic masses (Pacific, Caribbean, Atlantic), banks of clouds (glaciers, Andes), Amazonian evaporation, which together generate a zone of convergence where the rivers are born [46], "the world of water" that feeds not only the jungle slopes but all the Amazon.

The loss of the jungles [47] or the "Eco-todo" have generated a search for solutions that have not taken into account socio-historical bases or processes of devastation [48]. So, these must be seen from the glaciations, whose studies and evidence show that the jungle has not always been there and has been in other places. In other words, the jungle was transformed into savannahs, which became refuges where life had the possibility of being born, spiced, differentiated, and diversified [17].

From the previous idea, the forest can be considered as a "matrix of life," where there are trees that can live between 600 and 1000 years [49]. Each stratum generated niches where their relationships and connections have led the forest to be considered the largest organism on the planet, so human beings established a mutualism with it, generating a niche to themselves and to the planet. They converted some of its plants into channels in other worlds "Entheogens" [50], which, because of their complexity and relationship, allowed a non-scientific knowledge of the forest, which gave it a much greater sense of transcendence and mutual belonging, generating an environmental and social history of the seeds, which makes necessary the "naturist" revaluation of nature.

It should be noted that the process of European conquest, changed the way of recognizing and relating to the jungle, and altered the "vision of environment," which generated an "Andean-Amazonian" landscape, under a vision of territory as "pantry," which became over time in: Bioprospection, Bio piracy (looting of resources with State complicity and intense development of scientific exploration), transforming the jungle in a Bio business (projection of multinational business interests: policies of privatization, denationalization and loss of autonomy), which leads it to be a territory to deplete and destroy [22].

Also, in its beginnings, this European model of forest management, made invisible the relationship between plants and the soil by not taking into account that from this the different layers that make up the soil are formed. Due to this, the dynamics of felling, fire, pasture and livestock, caused that arable land was devastated by water and the wind causing erosion, which generated borders between the territories [51], reason why it can be considered that "the evolution of the forest," in agricultural systems, livestock and plantations of European and non-indigenous legacy (soils of biochar) marks the beginning of the end of it.

In this vein, the European model of forest management left behind an inheritance of an "extractive" development mentality that produces poverty and misery, which does not reinvest in the territory, perhaps because investors are not interested in ending the armed conflict, but just in the fact that these conflicts provide them with advantages that facilitate their intervention, in which "rationality" makes them superior for the fulfillment of their interests but not responsible. So, the vision of "strategic ecosystems" disconnected the sensibility and joint search for answers and

meaning, turning dead trees into spirit coffins, and the vast majority of us into the result of a devastated country whose wealth is ignored by its own people.

#### **8. Indigenous ecological relations**

The explanation of the reason for the control of the world is found in the myths of the ethnicities, and it is the maloca where this "non-place" marked the perception of the "shamanic world" and the networks of thought that generated a way of life which tended to take care of the environment, making the relationship between health, nature, and culture complete and indissoluble [14, 17].

In this sense, indigenous peoples tended to take care of the environment with a vision of sustainability, which is confirmed in some studies that indicate that for ethnic groups such as the Kasajos and Mohawks, the fact of making a decision of importance should contemplate the invocation of seven generations of ancestors to discuss the effect of this decision on the next seven generations [52], which demonstrates a cyclical movement between culture and nature through a bidirectional indigenous time relationship where the future may be behind and the past ahead [16].

This shamanic relationship, integrates for the natives the world of the natural and supernatural in a concept of environmental sustainability that was fed by the Human being-nature relationship given by the first contact established with it, which conditions the actions on it [22]. In this sense, the different "visions of nature" by indigenous peoples have emerged due to changes historically introduced long before the "discovery" (cover-up) of America. So "nature belongs to the field of culture, and cultural patterns must be taken into account to understand actions on it" ([13], p. 3).

These historical cultural changes prior to the "discovery" of America, determined a relationship between peoples and their environment through an environmental history, as well as a social history of the seeds [22]. This makes that the region where these peoples are located have an optimal spatial arrangement that maximizes ecological integrity through good use of land [53].

It is noteworthy that after more than 500 years of a colonization (re-foundation of constituted cities) [54], a neo-colonialism (mythical imaginaries with chivalric ideals accompanied by Catholic and/or Protestant missions) [55] and a republic that was crueler than the colony itself (by allowing the killings of the Arara house, rubber bands, drug trafficking and an armed conflict that not only affected the indigenous communities but also the Afro-descendants). It was only until 1991 that a constitution in Colombia gave real recognition to indigenous peoples. So, it is illogical to think that the solution to the problems of the ecological relations of the indigenous with their environment is soon to be solved, and especially if we take into account that many laws that tend towards the cultural perpetuity have other laws that are against it, defending extractive policies and control and management of resources [14].

This has led many of the multiracial people, Afro-descendant and indigenous people to deny their indigenous or African heritage and underestimate it, making the "whitening" stand out in works carried out in communities such as Quintana [9, 14, 17, 23, 45, 56]. Due to the "whitening" that the miscegenation has led to the community, it is considered that the indigenous being is a transition that will lead children to be the same as the western children, which conditioned a vision of development that does not differentiate from economic growth.

This attempt to equate equality (deserved well-being) with difference (diversity) [57] is fueled by the fact of not feeling satisfied with their aspirations and a religious encounter that contemplates the pluricultural as incompatible, and sees the different spiritualties as not converging spaces towards intercultural values.

**71**

*Cultural Conception of Space and Development in the Colombian Amazon*

On the other hand, if we see the convergence of intercultural values, an exclusion from pluralism camouflaged in tolerance would not be fostered. This would not mean a new "miscegenation" that tries to get the best of each culture, but the recognition of the differences that lead to respect that enriches the actors involved,

In this sense, starting from the fact that "human being cannot be understood only with reason" ([58], p. 21), solutions for the adaptation of western human society to the processes that exist in nature could be generated [59]. But it will only be in the integration of territories (Indigenous-Western) in which eco-efficiency, biomimicry [60] and the articulation of the economic-social-natural relationship, will generate sustainable proposals outside the framework of unsustainable con-

An articulation of the economic-social-natural relationship, makes it necessary to start from the fact that the idea of nature for the indigenous people has had a process of intercultural dynamics that, for the case of Latin America, has been characterized by acculturation, deculturation and cultural integration [61], where the educational context (maloca, family, elders, educational institutions) has been mediated by religion (imposed or traditional) and/or external and/or internal economic interests. In this way, the teaching, knowledge and skills that interact from the West to another society or to itself (hybridizations, negotiations, exchanges, translations) are transcendental in the identification of the cultural heritage; and,

The above makes necessary the understanding of aspects on world view, epistemology, ontology and axiology, which compromise the origins and dynamics of the culture in different contexts [63], generating an assimilation of science that is born of the daily knowledge, systematicity of use and cultural signification, which would

In today's world, there are about 6909 different languages, yet 96% of the languages that exist are spoken by only 3% of the world's population, so the way children acquire language has been a motive of fascination for both linguists and psychologists, who hold a debate between the "natural" and the "social." Those who defend the naturalist position assert that the brain is designed to learn grammatical structure and therefore language, while others affirm that language acquisition is done through education. In the middle of the debate between these two positions, a third was born that sees the process of language acquisition as the combination of

To begin this journey between the "naturalistic" and "social" posture of language, the theories about how the primitive human brain reaches its present size is taken up again. On the one hand, a posture speaks of language as the device that activates brain development; and on the other, it speaks of the brain that reaches the

Under the above premises, the theory of the logical structure of linguistics arises [67], where it is argued that the ease with which children of all cultures learn grammar through everyday speech is a condition of cognitive development. In this way, perceptions and the need to communicate them, coupled with the child's need to question and manipulate the world, make language develop through a constant and

In spite of the above, we talk of a "critical period," which establishes the neurological guidelines for language and, therefore, those of learning any language.

*DOI: http://dx.doi.org/10.5772/intechopen.87475*

allowing them to be one within the multiple.

texts: a "real" sustainability on a planetary scale [17].

increase the resistance to cultural change [64, 65].

**9. Indigenous peoples and multilingualism**

nature and education [66].

size suitable for the use of language.

unstructured exposition of it [68].

therefore, in the understanding and actions on the world [56, 62].

#### *Cultural Conception of Space and Development in the Colombian Amazon DOI: http://dx.doi.org/10.5772/intechopen.87475*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

health, nature, and culture complete and indissoluble [14, 17].

maximizes ecological integrity through good use of land [53].

development that does not differentiate from economic growth.

**8. Indigenous ecological relations**

meaning, turning dead trees into spirit coffins, and the vast majority of us into the

The explanation of the reason for the control of the world is found in the myths of the ethnicities, and it is the maloca where this "non-place" marked the perception of the "shamanic world" and the networks of thought that generated a way of life which tended to take care of the environment, making the relationship between

In this sense, indigenous peoples tended to take care of the environment with a vision of sustainability, which is confirmed in some studies that indicate that for ethnic groups such as the Kasajos and Mohawks, the fact of making a decision of importance should contemplate the invocation of seven generations of ancestors to discuss the effect of this decision on the next seven generations [52], which demonstrates a cyclical movement between culture and nature through a bidirectional indigenous

This shamanic relationship, integrates for the natives the world of the natural and supernatural in a concept of environmental sustainability that was fed by the Human being-nature relationship given by the first contact established with it, which conditions the actions on it [22]. In this sense, the different "visions of nature" by indigenous peoples have emerged due to changes historically introduced long before the "discovery" (cover-up) of America. So "nature belongs to the field of culture, and cultural patterns must be taken into account to understand actions on it" ([13], p. 3). These historical cultural changes prior to the "discovery" of America, determined a relationship between peoples and their environment through an environmental history, as well as a social history of the seeds [22]. This makes that the region where these peoples are located have an optimal spatial arrangement that

It is noteworthy that after more than 500 years of a colonization (re-foundation of constituted cities) [54], a neo-colonialism (mythical imaginaries with chivalric ideals accompanied by Catholic and/or Protestant missions) [55] and a republic that was crueler than the colony itself (by allowing the killings of the Arara house, rubber bands, drug trafficking and an armed conflict that not only affected the indigenous communities but also the Afro-descendants). It was only until 1991 that a constitution in Colombia gave real recognition to indigenous peoples. So, it is illogical to think that the solution to the problems of the ecological relations of the indigenous with their environment is soon to be solved, and especially if we take into account that many laws that tend towards the cultural perpetuity have other laws that are against it, defending extractive policies and control and management

This has led many of the multiracial people, Afro-descendant and indigenous people to deny their indigenous or African heritage and underestimate it, making the "whitening" stand out in works carried out in communities such as Quintana [9, 14, 17, 23, 45, 56]. Due to the "whitening" that the miscegenation has led to the community, it is considered that the indigenous being is a transition that will lead children to be the same as the western children, which conditioned a vision of

This attempt to equate equality (deserved well-being) with difference (diversity) [57] is fueled by the fact of not feeling satisfied with their aspirations and a religious encounter that contemplates the pluricultural as incompatible, and sees the different spiritualties as not converging spaces towards intercultural values.

time relationship where the future may be behind and the past ahead [16].

result of a devastated country whose wealth is ignored by its own people.

**70**

of resources [14].

On the other hand, if we see the convergence of intercultural values, an exclusion from pluralism camouflaged in tolerance would not be fostered. This would not mean a new "miscegenation" that tries to get the best of each culture, but the recognition of the differences that lead to respect that enriches the actors involved, allowing them to be one within the multiple.

In this sense, starting from the fact that "human being cannot be understood only with reason" ([58], p. 21), solutions for the adaptation of western human society to the processes that exist in nature could be generated [59]. But it will only be in the integration of territories (Indigenous-Western) in which eco-efficiency, biomimicry [60] and the articulation of the economic-social-natural relationship, will generate sustainable proposals outside the framework of unsustainable contexts: a "real" sustainability on a planetary scale [17].

An articulation of the economic-social-natural relationship, makes it necessary to start from the fact that the idea of nature for the indigenous people has had a process of intercultural dynamics that, for the case of Latin America, has been characterized by acculturation, deculturation and cultural integration [61], where the educational context (maloca, family, elders, educational institutions) has been mediated by religion (imposed or traditional) and/or external and/or internal economic interests. In this way, the teaching, knowledge and skills that interact from the West to another society or to itself (hybridizations, negotiations, exchanges, translations) are transcendental in the identification of the cultural heritage; and, therefore, in the understanding and actions on the world [56, 62].

The above makes necessary the understanding of aspects on world view, epistemology, ontology and axiology, which compromise the origins and dynamics of the culture in different contexts [63], generating an assimilation of science that is born of the daily knowledge, systematicity of use and cultural signification, which would increase the resistance to cultural change [64, 65].

#### **9. Indigenous peoples and multilingualism**

In today's world, there are about 6909 different languages, yet 96% of the languages that exist are spoken by only 3% of the world's population, so the way children acquire language has been a motive of fascination for both linguists and psychologists, who hold a debate between the "natural" and the "social." Those who defend the naturalist position assert that the brain is designed to learn grammatical structure and therefore language, while others affirm that language acquisition is done through education. In the middle of the debate between these two positions, a third was born that sees the process of language acquisition as the combination of nature and education [66].

To begin this journey between the "naturalistic" and "social" posture of language, the theories about how the primitive human brain reaches its present size is taken up again. On the one hand, a posture speaks of language as the device that activates brain development; and on the other, it speaks of the brain that reaches the size suitable for the use of language.

Under the above premises, the theory of the logical structure of linguistics arises [67], where it is argued that the ease with which children of all cultures learn grammar through everyday speech is a condition of cognitive development. In this way, perceptions and the need to communicate them, coupled with the child's need to question and manipulate the world, make language develop through a constant and unstructured exposition of it [68].

In spite of the above, we talk of a "critical period," which establishes the neurological guidelines for language and, therefore, those of learning any language. Despite the discovery of the gene (FoxP2) that disrupts the normal grammatical ease [69–71], it cannot be considered responsible for the complexity of learning grammar. Because of this, language acquisition is much easier for children than for adults. In this way, babbling would be considered as a "pre-linguistic phrase," which helps to form the necessary social bonds before learning to speak.

In the case of Amazonia, religious and political powers provided changing linguistic policies to facilitate the conversion of indigenous peoples. "There are many languages in this area. A problem planted by the devil to make the conversion of the indigenous people more difficult" (Padre Nieto Polo, eighteenth century). This problematic, framed in processes of acculturation, deculturation and cultural integration [61], has been evidenced through anthropological studies and historical data that have shown that with the European and African entry, people passed from talking about more than 1200 languages to 240, which 101 are currently registered in Colombia, where 84 are alive and 17 are extinct [68].

Due to the importance of language, the colonizers used general indigenous languages (Ñeengatu and Queshua) as franca lingua for evangelization [72]. Thus, it caused a process of weakening and loss of many native languages by the cultural rejection imposed by the colonizers. This situation reached its maximum expression in the nineteenth century with monolingual nationalist policies, turning Portuguese and Spanish into the most widely spoken languages in this region and strengthening the extinction of Amazonian multilingualism.

In this sense, the 1991 Political Constitution of Colombia has tried to reverse the processes of acculturation and deculturation, recognizing the multiethnic, pluricultural and multilingual character through educational policies that propose the promotion of intercultural bilingual education, along with policies of protection, preservation and strengthening of native languages [73].

#### **10. Legal norms and their relation with the indigenous of Colombia**

The recognition of the rights of indigenous peoples has been the result of a slow process of awareness of the international community. Thus, in 1919, the International Labor Organization (ILO) took the initiative in the matter of the rights of indigenous peoples until it reached Convention No. 169 of 1989, which applies to independent countries considered indigenous by the fact of descending of populations that inhabited the country or a geographical region to which the country belongs at the time of the conquest or colonization. It has so far become the most comprehensive international legal instrument on the protection of indigenous and tribal peoples. There are also international laws that recognize the rights of indigenous peoples, such as resolution WHA30.49 of 1977 [74, 75], resolution WHA51.24 [76] and declaration of [77].

In this same way, Colombia has taken into account the indigenous peoples through the Ministry of Health (Resolution No. 10013 of September 24, 1981, [78] and Resolution 5078 of 1992), but it is considered that it actually had an advance (Article 2, 6, 7, 8, 45 (Numeral 2), 70, 246 49, 356 (clause 3), article 56 and trans. 286 and 287 [79]), which stipulate the fundamental principles that recognize the ethnic and cultural diversity of Colombia and, therefore, to the indigenous populations. It also has stipulated laws that regulate the international norm, among them the [80, 81]. Thus, within this legal and normative support for the protection of the indigenous peoples, provisions were included on: territory management, ethnic sovereignty (development models), recognition of benefits by Genetic resources and direct access to: state resources, public education services (recognition of their multilingual status), health and housing.

**73**

**11. Final considerations**

*Cultural Conception of Space and Development in the Colombian Amazon*

In this sense, the Political Constitution of 1991 establishes that the indigenous territories are of collective property with special treatment, reason why it protects the territorial and cultural integrity of these towns. Thus, the collective property of the guards and communal lands of the ethnic groups is established, giving them the charac-

grants the indigenous community the territorial ownership of the superficial part of the soil, contradicting among other things the judgments of the Colombian Constitutional Court: T-254/94 [82], T-496/96 [83] and T-025/2004 [84]; The Law of Congress 1448 of

This means that, if mineral wealth is to be found, the Government will have the right to expropriate and relocate the reserve unless it is overlapped in a national

must be consulted by the ethnic authorities, ensuring the recognition of cultures and their needs for territorial use, as well as the perpetuity of long-term resources

Likewise, the interaction of the actors involved (*association of indigenous cabildos*, National Parks, indigenous communities, governmental and nongovernmental entities, among others) has generated a symbolic reconfiguration of territory proposed by the Colombian State, as evidenced by [88]. It recognizes the indigenous territory as a victim of a territorial conception that did not take into account the world view and the special and collective bond that unites the indigenous people with what they call "mother earth." But this initiative will have no effect until the decree of the Ministry of Agriculture and Rural Development 1987 of September 12, 2013 [86] is repealed; decree 1464 of July 2013 [89] of the Ministry of Housing City and Territory; the bill 46 of 2011 [90] of the National Congress of the Colombian Republic and the right that gives the law of the Congress 685/2001 [91] about the mining code, which imposes the obligation to exploit minerals in

This shows contradictions between local laws and international agreements, which have created injustices not only for indigenous peoples but also for the Republic of Colombia, which is evidenced by the non-compliance with the ONU Convention on Biological Biodiversity [92] and Decision 391 of 1996. These legitimize the importance of the origin of knowledge and the recognition of the benefits associated with genetic resources and their derived products. In this way, access to genetic resources and the compensation of those who provide them following the model of intellectual property, so that traditional indigenous knowledge has no recognition or compensation for their contribution, and therefore in the conservation of biological diversity. Sample of this is evidenced in the patents for use of Yajé (*Banisteriopsis caapi*), Copoazu (*Theobroma grandiflorum*), Curare (*Chondrodendrom tomentosum*), which were carried out despite the Convention on

Research analysis showed that "cognitive skills are socially transmitted, socially constrained, nurtured and animated" ([94], p. 40), where sub-cultural variations and context respond to the understanding-relation-causality of the subject with the natural world [95, 96] which gave rise to traditional land use models for indigenous people.

<sup>4</sup> It means that it cannot be sold or transacted by the members of the indigenous community.

<sup>5</sup> Indigenous village located in the Amazonian Trapezium (Colombia).

Biological Biodiversity [92] and decision 391 and 369 of 1992 [23, 93].

2011 [85], and the Decree Law of the Ministry of Interior 4633 of 2011 [86].

as typified by ILO agreement 169 and ratified by Act 21 of 1991 [87].

indigenous mining areas and mixed mining zones.

, which is contradictory from the Western Colombian logic that only

. In this way, any administrative act affecting Macedonia

*DOI: http://dx.doi.org/10.5772/intechopen.87475*

ter of inalienable4

park such as Macedonia<sup>5</sup>

#### *Cultural Conception of Space and Development in the Colombian Amazon DOI: http://dx.doi.org/10.5772/intechopen.87475*

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

helps to form the necessary social bonds before learning to speak.

in Colombia, where 84 are alive and 17 are extinct [68].

preservation and strengthening of native languages [73].

the extinction of Amazonian multilingualism.

WHA51.24 [76] and declaration of [77].

multilingual status), health and housing.

Despite the discovery of the gene (FoxP2) that disrupts the normal grammatical ease [69–71], it cannot be considered responsible for the complexity of learning grammar. Because of this, language acquisition is much easier for children than for adults. In this way, babbling would be considered as a "pre-linguistic phrase," which

In the case of Amazonia, religious and political powers provided changing linguistic policies to facilitate the conversion of indigenous peoples. "There are many languages in this area. A problem planted by the devil to make the conversion of the indigenous people more difficult" (Padre Nieto Polo, eighteenth century). This problematic, framed in processes of acculturation, deculturation and cultural integration [61], has been evidenced through anthropological studies and historical data that have shown that with the European and African entry, people passed from talking about more than 1200 languages to 240, which 101 are currently registered

Due to the importance of language, the colonizers used general indigenous languages (Ñeengatu and Queshua) as franca lingua for evangelization [72]. Thus, it caused a process of weakening and loss of many native languages by the cultural rejection imposed by the colonizers. This situation reached its maximum expression in the nineteenth century with monolingual nationalist policies, turning Portuguese and Spanish into the most widely spoken languages in this region and strengthening

In this sense, the 1991 Political Constitution of Colombia has tried to reverse the processes of acculturation and deculturation, recognizing the multiethnic, pluricultural and multilingual character through educational policies that propose the promotion of intercultural bilingual education, along with policies of protection,

**10. Legal norms and their relation with the indigenous of Colombia**

The recognition of the rights of indigenous peoples has been the result of a slow process of awareness of the international community. Thus, in 1919, the International Labor Organization (ILO) took the initiative in the matter of the rights of indigenous peoples until it reached Convention No. 169 of 1989, which applies to independent countries considered indigenous by the fact of descending of populations that inhabited the country or a geographical region to which the country belongs at the time of the conquest or colonization. It has so far become the most comprehensive international legal instrument on the protection of indigenous and tribal peoples. There are also international laws that recognize the rights of indigenous peoples, such as resolution WHA30.49 of 1977 [74, 75], resolution

In this same way, Colombia has taken into account the indigenous peoples through the Ministry of Health (Resolution No. 10013 of September 24, 1981, [78] and Resolution 5078 of 1992), but it is considered that it actually had an advance (Article 2, 6, 7, 8, 45 (Numeral 2), 70, 246 49, 356 (clause 3), article 56 and trans. 286 and 287 [79]), which stipulate the fundamental principles that recognize the ethnic and cultural diversity of Colombia and, therefore, to the indigenous populations. It also has stipulated laws that regulate the international norm, among them the [80, 81]. Thus, within this legal and normative support for the protection of the indigenous peoples, provisions were included on: territory management, ethnic sovereignty (development models), recognition of benefits by Genetic resources and direct access to: state resources, public education services (recognition of their

**72**

In this sense, the Political Constitution of 1991 establishes that the indigenous territories are of collective property with special treatment, reason why it protects the territorial and cultural integrity of these towns. Thus, the collective property of the guards and communal lands of the ethnic groups is established, giving them the character of inalienable4 , which is contradictory from the Western Colombian logic that only grants the indigenous community the territorial ownership of the superficial part of the soil, contradicting among other things the judgments of the Colombian Constitutional Court: T-254/94 [82], T-496/96 [83] and T-025/2004 [84]; The Law of Congress 1448 of 2011 [85], and the Decree Law of the Ministry of Interior 4633 of 2011 [86].

This means that, if mineral wealth is to be found, the Government will have the right to expropriate and relocate the reserve unless it is overlapped in a national park such as Macedonia<sup>5</sup> . In this way, any administrative act affecting Macedonia must be consulted by the ethnic authorities, ensuring the recognition of cultures and their needs for territorial use, as well as the perpetuity of long-term resources as typified by ILO agreement 169 and ratified by Act 21 of 1991 [87].

Likewise, the interaction of the actors involved (*association of indigenous cabildos*, National Parks, indigenous communities, governmental and nongovernmental entities, among others) has generated a symbolic reconfiguration of territory proposed by the Colombian State, as evidenced by [88]. It recognizes the indigenous territory as a victim of a territorial conception that did not take into account the world view and the special and collective bond that unites the indigenous people with what they call "mother earth." But this initiative will have no effect until the decree of the Ministry of Agriculture and Rural Development 1987 of September 12, 2013 [86] is repealed; decree 1464 of July 2013 [89] of the Ministry of Housing City and Territory; the bill 46 of 2011 [90] of the National Congress of the Colombian Republic and the right that gives the law of the Congress 685/2001 [91] about the mining code, which imposes the obligation to exploit minerals in indigenous mining areas and mixed mining zones.

This shows contradictions between local laws and international agreements, which have created injustices not only for indigenous peoples but also for the Republic of Colombia, which is evidenced by the non-compliance with the ONU Convention on Biological Biodiversity [92] and Decision 391 of 1996. These legitimize the importance of the origin of knowledge and the recognition of the benefits associated with genetic resources and their derived products. In this way, access to genetic resources and the compensation of those who provide them following the model of intellectual property, so that traditional indigenous knowledge has no recognition or compensation for their contribution, and therefore in the conservation of biological diversity. Sample of this is evidenced in the patents for use of Yajé (*Banisteriopsis caapi*), Copoazu (*Theobroma grandiflorum*), Curare (*Chondrodendrom tomentosum*), which were carried out despite the Convention on Biological Biodiversity [92] and decision 391 and 369 of 1992 [23, 93].

#### **11. Final considerations**

Research analysis showed that "cognitive skills are socially transmitted, socially constrained, nurtured and animated" ([94], p. 40), where sub-cultural variations and context respond to the understanding-relation-causality of the subject with the natural world [95, 96] which gave rise to traditional land use models for indigenous people.

<sup>4</sup> It means that it cannot be sold or transacted by the members of the indigenous community.

<sup>5</sup> Indigenous village located in the Amazonian Trapezium (Colombia).

It is necessary to recognize the history of origin of the cultures in which we work to interpret the territorial logics in which the population is submerged. Although it is true that cultural dynamism establishes that cultures are nourished and fed. These mechanisms of knowledge allow to generate processes to demystify ideals of whitewashing and modernity.

The territorial relationship shows that the territory is a social construction as Fals Borda states, so to speak of environmental sustainability, is to claim the category of territory as an essential support for the reproduction of culture. In order to be able to weigh the problem of the approach from multiple perspectives, the approaches must be materialized in the social, ecological, political and economic transversality that allows to join the paradigms avoiding to permeate the goals and actions executed within the population.

The homogenization of territorial logics through a "cultural and territorial protection of indigenous peoples" through parks and natural reserves superimposed on legally recognized indigenous territories, territorial planning plans mediated by policies of exploitation of agroindustry crops, hydrocarbons, minerals and hydroelectric dams, as well as the same armed conflict generated by illicit crops, could be masking a form of "neo-colonialism" camouflaged in a policy of "national unity."

This documentary review analyzes how knowledge about the cultural conception of space and development is the best tool to generate protection for native models of forest use. Likewise, it is exposed the danger of the perpetuity of indigenous peoples in the territory due to different emerging actors, which covered by extractive policies, could expropriate indigenous from their territory. In this way, even if the Colombian State recognizes as indigenous those who have traditional ancestral beliefs, a traditional language and occupy a specific territory, the extinction of indigenous languages and the loss of traditional beliefs imply a historical process that leads to the loss of indigenous rights, and therefore, to the loss of their ancestral territories. This is reinforced by interests in mining exploitation and extraction of hydrocarbons in indigenous territories. A clear example of an economic model of exploitation of natural resources that claim to be sustainable in unsustainable contexts.

#### **Acknowledgements**

Paper related to the VIVENCIAS research group, result of a Doctoral Thesis in Social Studies of the Universidad Distrital Francisco José de Caldas, directed by the PhD Fráncisco Sierra Gutiérrez in the Line of Political Power and Collective Subjects.

#### **Author details**

Ronald Fernando Quintana Arias Universidad Distrital Francisco José de Caldas, Bogotá, Colombia

\*Address all correspondence to: ron902102004@gmail.com

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

**75**

*Cultural Conception of Space and Development in the Colombian Amazon*

[11] Hooghiemstra H, Van der Hammen T. Neogene and quaternary development of the neotropical rain forest: The forest refugia hypothesis, and a literature overview. Earth-Science Reviews.

[12] Rocha M. Antes el Amanecer: Antología de Las Literaturas Indígenas de Los Andes y la Sierra Nevada de Santa Martha. Ministerio de cultura. Biblioteca Básica de los Pueblos Indígenas de Colombia. Colombia: Ministerio de Cultura; 2010

[13] Van der Hammen M. El Manejo Del Mundo, Naturaleza y Sociedad Entre los Yukuna de la Amazonia Colombiana.

Bogotá: Tropembos; 1991

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1998;**44**:147-183

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[9] Quintana R. Etnodesarrollo y medio ambiente: El conocimiento tradicional como estrategia para fometar el desarrollo sustentable y la identidad cultural de la comunidad indígena Tikuna del alto amazonas [Tesis de grado para optar por el titulo de Magister en Desarrollo Sustentable y Gestión Ambiental]. Macedonia, Bogotá: Universidad Distrital

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*Cultural Conception of Space and Development in the Colombian Amazon DOI: http://dx.doi.org/10.5772/intechopen.87475*

#### **References**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

whitewashing and modernity.

actions executed within the population.

It is necessary to recognize the history of origin of the cultures in which we work to interpret the territorial logics in which the population is submerged. Although it is true that cultural dynamism establishes that cultures are nourished and fed. These mechanisms of knowledge allow to generate processes to demystify ideals of

The territorial relationship shows that the territory is a social construction as Fals Borda states, so to speak of environmental sustainability, is to claim the category of territory as an essential support for the reproduction of culture. In order to be able to weigh the problem of the approach from multiple perspectives, the approaches must be materialized in the social, ecological, political and economic transversality that allows to join the paradigms avoiding to permeate the goals and

The homogenization of territorial logics through a "cultural and territorial protection of indigenous peoples" through parks and natural reserves superimposed on legally recognized indigenous territories, territorial planning plans mediated by policies of exploitation of agroindustry crops, hydrocarbons, minerals and hydroelectric dams, as well as the same armed conflict generated by illicit crops, could be masking a form of "neo-colonialism" camouflaged in a policy of "national unity." This documentary review analyzes how knowledge about the cultural conception of space and development is the best tool to generate protection for native models of forest use. Likewise, it is exposed the danger of the perpetuity of indigenous peoples in the territory due to different emerging actors, which covered by extractive policies, could expropriate indigenous from their territory. In this way, even if the Colombian State recognizes as indigenous those who have traditional ancestral beliefs, a traditional language and occupy a specific territory, the extinction of indigenous languages and the loss of traditional beliefs imply a historical process that leads to the loss of indigenous rights, and therefore, to the loss of their ancestral territories. This is reinforced by interests in mining exploitation and extraction of hydrocarbons in indigenous territories. A clear example of an economic model of exploitation of natural resources that claim to be sustainable in unsustainable

Paper related to the VIVENCIAS research group, result of a Doctoral Thesis in Social Studies of the Universidad Distrital Francisco José de Caldas, directed by the PhD Fráncisco Sierra Gutiérrez in the Line of Political Power and Collective Subjects.

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium,

**74**

**Author details**

**Acknowledgements**

contexts.

Ronald Fernando Quintana Arias

provided the original work is properly cited.

Universidad Distrital Francisco José de Caldas, Bogotá, Colombia

\*Address all correspondence to: ron902102004@gmail.com

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[81] Ministerio de salud. Resolución N. 10013 del 24 de septiembre artículos 2,3

[82] Corte Constitucional de Colombia. Sentencia No. T-254. Bogotá, República de Colombia: Corte Constitucional de

[83] Corte Constitucional de Colombia. Sentencia No. T-496. Bogotá, República de Colombia: Corte Constitucional de

[84] Corte Constitucional de Colombia. Sentencia No. T-025. Bogotá, República de Colombia: Corte Constitucional de

[85] Congreso Nacional de la República Colombiana. LEY 1448/2011: Por la cual se dictan medidas de atención, asistencia y reparación integral a las víctimas del conflicto armado interno y se dictan otras disposiciones; 2011

[86] Decreto Ley 4633. Por medio del cual se dictan medidas de asistencia, atención, reparación integral y de restitución de derechos territoriales a las víctimas pertenecientes a los pueblos y comunidades indígenas. República de Colombia: Ministerio del interior; 2011

[87] OIT (Organización Internacional del Trabajo). Convenio 169 de la organización internacional del trabajo

[79] Republica de Colombia. Constitución política de Colombia 1991. Artículos 2, 6, 7, 8, 23, 31, 45, 49 (Numeral 2), 56 (transitorio), 70, 246, 286, 287, 329, 330, 356 (inciso 3), 387.

Rural; 2013

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Colombia; 1994

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*Cultural Conception of Space and Development in the Colombian Amazon DOI: http://dx.doi.org/10.5772/intechopen.87475*

Ministerio de Agricultura y Desarrollo Rural; 2013

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

[71] Whitfield J. Evolucion. El gen del lenguaje, FOXP2, parece esencial Para la vocalizacion animal. Investigación y

[72] Montes M. Libro Guía Del Maestro: Materiales de Lengua y Cultura Tikuna. Bogotá: Universidad Nacional de

Ciencia. 2008:10-11

Colombia; 2002

Bogotá; 2010

9, y 10: Bogotá; 1992

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[73] Ley 1381. Por la cual se

desarrollaran los artículos 7°, 8°, 10 y 70 de la constitución política, y los artículos 4°, 5° y 28 de la ley 21 de 1991 (que aprueba el convenio 169 de la OIT sobre pueblos indígenas y tribales).

[74] Resolución 5078. Por la cual se adoptan normas técnico: Administrativas en materia de

medicinas tradicionales y terapéuticas alternativas y se crea el consejo asesor para la conservación y el desarrollo de las mismas. Artículos: 1, 2, 3, 4, 5, 6, 7, 8,

[75] OMS (Organización Mundial de la Salud). Resolución WHA30.49 de la 30 Asamblea General. Washington DC:

[76] OMS (Organización Mundial de la Salud). Resolución WHA51.24 de la 51 Asamblea General: Decenio Internacional de las Poblaciones Indígenas del Mundo. Ginebra: OMS;

[77] Decreto 1464. Por el cual se establecen unas disposiciones para los notarios y registradores de instrumentos públicos en el marco del Programa de Vivienda Gratuita. República de Colombia: Ministerio de Vivienda,

Ciudad y Territorio; 2013

[78] Decreto 1987. Por el cual se organiza el Sistema de coordinación de actividades públicas, privadas y de inclusión social para el cumplimiento del Pacto Nacional por el Agro y el Desarrollo. República de Colombia:

[61] Ullán de la Rosa J. Los indios Tikuna del alto Amazonas ante los procesos actuales de cambio cultural y globalización. Revista Española de Antropología Americana.

[62] Kawasaki K. A hidden conflict between western and traditional concepts of nature. The Bulletin of School of Education Okayama University. 1990;**83**:203-214

[63] Molina A. Conglomerado de relevancias y formación científica de niños, niñas y jóvenes. Revista Científica. 2002;**4**:187-200. ed: Centro De Investigaciones Y Desarrollo Cientifico Universidad Distrital Francisco Jose De Caldas

[64] Pozo J, Gómez M. Aprender y Enseñar Ciencias: Del Conocimiento Cotidiano al Conocimiento Científico.

[65] Rivarosa A. El dialogo entre las ciencias en la historia de las ciencias: Una clave Para elaprendizaje en la escuela. In: Radrizzani A, Morales M, González A, editors. En Aprender el Currículum o Aprender a Pensar: Un Falso Dilema.

[66] Lewis M. Ethnologue: Languages of the World. 16th ed. Dallas, Texas: SIL International; 2009. Online version:

Buenos Aires: Troquel; 1994

http://www.ethnologue.com/

[67] Chomsky N. Reflections on Language. New York: Pantheon; 1975

[68] Savage-Rumbaugh E, Roger L. Kanzi: The Ape at the Brink of the Human Mind. UK: Wiley; 1996

[69] Konopka G. Human-specific transcriptional regulation of CNS development genes by FOXP2. Nature.

[70] Longa V. Sobre el descubrimiento del Gen FOXP2. ELUA. 2006;**20**:177-207

2009;**462**(7270):213-218

Madrid: Morata; 1998

2000;**30**:291-336

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[79] Republica de Colombia. Constitución política de Colombia 1991. Artículos 2, 6, 7, 8, 23, 31, 45, 49 (Numeral 2), 56 (transitorio), 70, 246, 286, 287, 329, 330, 356 (inciso 3), 387. Bogota; 1991

[80] Ley 1388. Por la cual se modifica la Ley 9ª de 1989, y la Ley 3ª de 1991 y se dictan otras disposiciones. Congreso Nacional de la República Colombiana; 1997

[81] Ministerio de salud. Resolución N. 10013 del 24 de septiembre artículos 2,3 y 4; 1981

[82] Corte Constitucional de Colombia. Sentencia No. T-254. Bogotá, República de Colombia: Corte Constitucional de Colombia; 1994

[83] Corte Constitucional de Colombia. Sentencia No. T-496. Bogotá, República de Colombia: Corte Constitucional de Colombia; 1996

[84] Corte Constitucional de Colombia. Sentencia No. T-025. Bogotá, República de Colombia: Corte Constitucional de Colombia; 2004

[85] Congreso Nacional de la República Colombiana. LEY 1448/2011: Por la cual se dictan medidas de atención, asistencia y reparación integral a las víctimas del conflicto armado interno y se dictan otras disposiciones; 2011

[86] Decreto Ley 4633. Por medio del cual se dictan medidas de asistencia, atención, reparación integral y de restitución de derechos territoriales a las víctimas pertenecientes a los pueblos y comunidades indígenas. República de Colombia: Ministerio del interior; 2011

[87] OIT (Organización Internacional del Trabajo). Convenio 169 de la organización internacional del trabajo sobre pueblos indígenas y tribales en países independientes. Ginebra; 1989

[88] Dirzo R. Efectos de la defaunación de mamíferos herbívoros sobre la estructura y diversidad de la selva húmeda. Mexico: Universidad Nacional Autónoma de México. Instituto de Ecología: Informe final SNIB-CONABIO, proyecto No. FE005; 2011

[89] Decreto 1811. Por el cual se reglamenta parcialmente la ley 10 de 1990, en lo referente a la prestación de servicios de salud para las comunidades indígenas. Bogotá; 1990

[90] Proyecto de Ley 46. Por la cual se dictan normas de distribución de terrenos baldíos a familias pobres del país con fines oficiales y productivos y se dictan otras disposiciones. Congreso Nacional de la República Colombiana; 2011

[91] Congreso Nacional de la República Colombiana. Ley 685/2001 del código minero: Por la cual se expide el Código de Minas y se dictan otras disposiciones; 2001

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[93] Comisión del acuerdo de Cartagena, Decisión N. 391 y 369. Régimen Común acceso a los recursos genéticos. Caracas; 1992

[94] Day J, French L, Hall L. Social influences on cognitive development. In: Forrest-Pressley D, McKinnon G, Waller TG, editors. En Metacognition, Cognition and Human Performance. Vol. 1. New York: Academic Press; 1985. pp. 33-56

[95] Abimbola W. IFA: An Expltion an IFA Literary Corpus. Nigeria: Ibandan; 1977

[96] Ogunniyi M. Adapting western science to African traditional culture. International Journal of Science Education. 1988;**10**:1-10

**81**

**Chapter 5**

**Abstract**

Runaway Freedom: Fugitive Black

This chapter is an applied study on fugitive black slaves in late colonial Chile (1760–1805). It is based on a selection of cases, displayed in a socioeconomic scene whose labor force, free and slave tends to circulation and vagrancy. The sources provide a rich material for a reflection focused mainly on the crossroad between labor systems, racialized groups, and the links with the territory. Based on the concept of fugitive freedom, we seek to express the diversity of aspirations in those who become runaways. Furthermore, understanding the conditions of oppression that usually drives a slave to escape, fugitive freedom allows us to think about an eventual destination hoped by fugitives that can be read in a historical way.

**1. Introduction: Africans and afro-descendants in late colonial Chile**

Economically speaking, the Kingdom of Chile (*Reyno de Chile*) always had a marginal role among the Hispanic domains in America, but it was primal in structuring the continental administration. One of its main functions was to protect the Pacific Ocean (*Mar del Sur*) against European vessels that crossed the Magellan's Strait, mostly from British and Dutch origin. Likewise, this colony historically shared the southern border with the Mapuche people, an independent indigenous group whose resistance circumscribed the Hispanic influence toward the center and

Leaving aside the importance of the city of Santiago, capital of the Kingdom,

This isolation is probably related to the Chilean demographic particularities. Apparently, the percentage of black population was comparatively lower here than in other colonies. However, it is not possible to establish an accurate demographic panorama based on the data provided by the censuses of the late eighteenth and early nineteenth centuries. First of all, there are differences in the delimitation of the territory. For example, the census of 1778 is the only one that includes the province of Cuyo, located east of the Andes and the one of 1813 marginalized the most important cities, Santiago and Concepción [1]. Therefore, the numbers vary

colonial Chile had eminently a rural character. Encased between the Andes Mountains and the Pacific Ocean, between the Atacama Desert to the north and the Bío-Bío River frontier to the south, its territory was relatively isolated from the

Slaves' Destinies in Late Colonial

Chile (1760–1805)

**Keywords:** runaway freedom, labor, racialized group

other South American regions in geographical terms.

north zones of the country.

*Cristián Perucci González*

#### **Chapter 5**

## Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805)

*Cristián Perucci González*

#### **Abstract**

This chapter is an applied study on fugitive black slaves in late colonial Chile (1760–1805). It is based on a selection of cases, displayed in a socioeconomic scene whose labor force, free and slave tends to circulation and vagrancy. The sources provide a rich material for a reflection focused mainly on the crossroad between labor systems, racialized groups, and the links with the territory. Based on the concept of fugitive freedom, we seek to express the diversity of aspirations in those who become runaways. Furthermore, understanding the conditions of oppression that usually drives a slave to escape, fugitive freedom allows us to think about an eventual destination hoped by fugitives that can be read in a historical way.

**Keywords:** runaway freedom, labor, racialized group

#### **1. Introduction: Africans and afro-descendants in late colonial Chile**

Economically speaking, the Kingdom of Chile (*Reyno de Chile*) always had a marginal role among the Hispanic domains in America, but it was primal in structuring the continental administration. One of its main functions was to protect the Pacific Ocean (*Mar del Sur*) against European vessels that crossed the Magellan's Strait, mostly from British and Dutch origin. Likewise, this colony historically shared the southern border with the Mapuche people, an independent indigenous group whose resistance circumscribed the Hispanic influence toward the center and north zones of the country.

Leaving aside the importance of the city of Santiago, capital of the Kingdom, colonial Chile had eminently a rural character. Encased between the Andes Mountains and the Pacific Ocean, between the Atacama Desert to the north and the Bío-Bío River frontier to the south, its territory was relatively isolated from the other South American regions in geographical terms.

This isolation is probably related to the Chilean demographic particularities. Apparently, the percentage of black population was comparatively lower here than in other colonies. However, it is not possible to establish an accurate demographic panorama based on the data provided by the censuses of the late eighteenth and early nineteenth centuries. First of all, there are differences in the delimitation of the territory. For example, the census of 1778 is the only one that includes the province of Cuyo, located east of the Andes and the one of 1813 marginalized the most important cities, Santiago and Concepción [1]. Therefore, the numbers vary

greatly from one study to another. In addition, we cannot rely on the ways the information was collected or the ideologies behind the racial classifications used. In 1778, the population was divided into blacks, indians, half-breed (mestizos), and whites; while in 1813, there were two major groups: Spaniards-European foreigners and castes, the latter being divided into indians, half-Breed (mestizos), mulattos, and blacks [1].

However, using these same data, historians such as Domingo Amunategui Solar and Gonzalo Vial Correa counted the number of African and Afro-descendent population between 20,000 and 25,000 people for the eighteenth century in Chile [2, 3]. Both left the province of Cuyo out of their calculation, showing us that this nationalist historiography projects an idealized image of both the population and the territory. Indeed, this omission or denial has been an obstacle to knowing more about the participation of black population in the history of Chile and the way in which its presence was understood and represented. Let us clarify that it is not the African presence that traditional historiography has denied, but the variety of roles it fulfilled in society, its circumstances, its own diversity, and its intervention in the contingencies of the colonial world in which it was inserted.

Fortunately, historians such as Celia Cussen and Hugo Contreras have given new energies to the documentary study of black presence in Chile, influencing younger generations of researchers to continue exploring these subjects in all their diversities. Contreras has made important contributions to the knowledge of the blackmilitias (milicias de pardos), which were militia units commonly composed by free blacks between the eighteenth and nineteenth centuries in the Southern Cone. The author acknowledges that those who were part of these militias had a high degree of obedience to the Hispanic regime, because "their enlistment placed them under the eyes of the authorities as loyal to the monarchy, men of luster and good manners, distancing them away from the image of potential delinquents, bad living persons, or rebels, which were frequently expressed against them [4]." This description expresses the heterogeneity existing both in the historical experience of the African population and in the hegemonic speeches of the Hispanic colonial order, which is present in the sources preserved by the National Historical Archive of Chile, where lists of sale and transport of slaves, manumission demands, complaints of crimes and vagrancy, prohibitions, and regulations for the use of weapons and circulation in cities and in the countryside can be found. In reviewing some of these dossiers, we started thinking of several cases that could be considered opposed, in historical experience and in hegemonic discourses, to the black-militias cases: the fugitive black slaves in colonial Chile. Below, exploring some judicial sources, we will try to decipher who these fugitives were and propose an explanation of the possible relationships, interpretations, similarities, and differences between them.

#### **2. Runaway freedom**

Freedom is a broad concept in slavery studies and has a polysemous nature. It is usually used in a pragmatic sense, opposing freedom and slavery as legal conditions. Several lines of analysis can be examined through this point of view, such as social mobility, access to public offices, differences in tax contribution, among others. In this regard, freedom is usually conceived as the main goal of slaves who seek to get rid of their servile nature.

The chief strategy to achieve this goal is manumission [5]. By the end of eighteenth century, manumission was a usual practice in colonial Chile. As historian Guillermo Feliú Cruz expresses, "the slave could obtain his freedom when, with his own economies, he paid his master the value in which he had been acquired [6]."

**83**

*Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805)*

Although these cases were in accordance with law, it rarely happened. Feliú Cruz shows that most common cases of manumission were those where the owner after his death, due to a "religious piety feeling" granted the emancipation by testament, and sometimes leave the slave "a small sum of money so that he could dedicate to some trade [6]." These types of manumission can be found all along Spanish Colonial America, and so in English North America. Research about the United States tends to be more revealing and undistorted on the motivation of masters who gave freedom to their slaves. We see that many owners freed those who were old or sick, so as not to support this burden anymore [7]. In these cases, freedom was not

Thus, if we keep thinking about freedom as slaves' "main goal," we must then expand its meaning both in an analytical way and, specially, as an historical concept. Freedom as a precious aim with no specific shape, as it can be deduced from Orlando Patterson's "The meaning of freedom" [8]. Freedom is the ambition of a slave formed by lack of means and material abandonment. Freedom is an unspecified dream with an important mobilizing potential. In this sense, manumission is not the only strategy to gain freedom. In some cases, escape shows as a more viable

In 1764, in a vineyard property of María del Carmen Daniel, near Santiago, a group of black slaves decided to runaway across the Andes Mountains. This association was denounced by an unknown stranger, leading to their imprisonment. The further trial starts explaining that seven blacks and one *sambo* (mixed individual of African and American Indigenous ancestry) who were found and arrested with no resistance, and no weapons but a gun, [the sambo] did not know the others wanted to rise or cause any havoc at the plantation house (*hacienda*), he only knew they

Following the source's locution, manumission can be understood as a means to "be free," escape as a means to "see oneself free" despite legal conditions. This kind of thought reveals a general reason to break away. On the one hand, broadly speaking, this reason may be called the horrors of slavery, characterized by the masters' brutality and the shock suffered by the newcomers from Africa. Historian Marc Ferro judges that the trauma of travel was such that immediately after arriving in the Caribbean, the "new blacks" wanted to escape. The settlers who understood their situation tried to reduce the shock by adapting the slaves before putting them to work. But the anguish led them to mutilate themselves, to choke themselves, or attempt to kill their new masters. Thus, suicide or runaway were significant forms of resistance [10]. However, the horrors of slavery do not really describe possible ideas about a runaway life. And indeed, not all black slaves were mistreated. That is why, on the other hand, freedom could be seen not just as a change of status, but as an ambition of a social change, a possibility to bring destiny under control. Manumission is only one opportunity among others, and runaway could be a possibility toward it. What we are trying to say is that runaway explanations tend to think about push factors, rarely about pull factors. The slave could have had ideal reasons that forced him to leave, an imagined place where to escape. This is what we

Fugitive freedom always remains as an idea, an abstraction on the place (or conditions) of destiny. A conceptualization that sometimes could be very concrete, such as the fortified citadel (*quilombo*) of Palmares for the fugitive blacks of Pernambuco. The idealization and influence of this community was so great

wanted to escape to see themselves free of their masters [9]."

*DOI: http://dx.doi.org/10.5772/intechopen.85764*

always something desirable.

and practicable path to access it.

have called runaway freedom.

**3. The** *roads***, a fugitive way of life**

#### *Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805) DOI: http://dx.doi.org/10.5772/intechopen.85764*

Although these cases were in accordance with law, it rarely happened. Feliú Cruz shows that most common cases of manumission were those where the owner after his death, due to a "religious piety feeling" granted the emancipation by testament, and sometimes leave the slave "a small sum of money so that he could dedicate to some trade [6]." These types of manumission can be found all along Spanish Colonial America, and so in English North America. Research about the United States tends to be more revealing and undistorted on the motivation of masters who gave freedom to their slaves. We see that many owners freed those who were old or sick, so as not to support this burden anymore [7]. In these cases, freedom was not always something desirable.

Thus, if we keep thinking about freedom as slaves' "main goal," we must then expand its meaning both in an analytical way and, specially, as an historical concept. Freedom as a precious aim with no specific shape, as it can be deduced from Orlando Patterson's "The meaning of freedom" [8]. Freedom is the ambition of a slave formed by lack of means and material abandonment. Freedom is an unspecified dream with an important mobilizing potential. In this sense, manumission is not the only strategy to gain freedom. In some cases, escape shows as a more viable and practicable path to access it.

In 1764, in a vineyard property of María del Carmen Daniel, near Santiago, a group of black slaves decided to runaway across the Andes Mountains. This association was denounced by an unknown stranger, leading to their imprisonment. The further trial starts explaining that seven blacks and one *sambo* (mixed individual of African and American Indigenous ancestry) who were found and arrested with no resistance, and no weapons but a gun, [the sambo] did not know the others wanted to rise or cause any havoc at the plantation house (*hacienda*), he only knew they wanted to escape to see themselves free of their masters [9]."

Following the source's locution, manumission can be understood as a means to "be free," escape as a means to "see oneself free" despite legal conditions. This kind of thought reveals a general reason to break away. On the one hand, broadly speaking, this reason may be called the horrors of slavery, characterized by the masters' brutality and the shock suffered by the newcomers from Africa. Historian Marc Ferro judges that the trauma of travel was such that immediately after arriving in the Caribbean, the "new blacks" wanted to escape. The settlers who understood their situation tried to reduce the shock by adapting the slaves before putting them to work. But the anguish led them to mutilate themselves, to choke themselves, or attempt to kill their new masters. Thus, suicide or runaway were significant forms of resistance [10]. However, the horrors of slavery do not really describe possible ideas about a runaway life. And indeed, not all black slaves were mistreated. That is why, on the other hand, freedom could be seen not just as a change of status, but as an ambition of a social change, a possibility to bring destiny under control. Manumission is only one opportunity among others, and runaway could be a possibility toward it. What we are trying to say is that runaway explanations tend to think about push factors, rarely about pull factors. The slave could have had ideal reasons that forced him to leave, an imagined place where to escape. This is what we have called runaway freedom.

#### **3. The** *roads***, a fugitive way of life**

Fugitive freedom always remains as an idea, an abstraction on the place (or conditions) of destiny. A conceptualization that sometimes could be very concrete, such as the fortified citadel (*quilombo*) of Palmares for the fugitive blacks of Pernambuco. The idealization and influence of this community was so great

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

contingencies of the colonial world in which it was inserted.

and blacks [1].

greatly from one study to another. In addition, we cannot rely on the ways the information was collected or the ideologies behind the racial classifications used. In 1778, the population was divided into blacks, indians, half-breed (mestizos), and whites; while in 1813, there were two major groups: Spaniards-European foreigners and castes, the latter being divided into indians, half-Breed (mestizos), mulattos,

and Gonzalo Vial Correa counted the number of African and Afro-descendent population between 20,000 and 25,000 people for the eighteenth century in Chile [2, 3]. Both left the province of Cuyo out of their calculation, showing us that this nationalist historiography projects an idealized image of both the population and the territory. Indeed, this omission or denial has been an obstacle to knowing more about the participation of black population in the history of Chile and the way in which its presence was understood and represented. Let us clarify that it is not the African presence that traditional historiography has denied, but the variety of roles it fulfilled in society, its circumstances, its own diversity, and its intervention in the

However, using these same data, historians such as Domingo Amunategui Solar

Fortunately, historians such as Celia Cussen and Hugo Contreras have given new energies to the documentary study of black presence in Chile, influencing younger generations of researchers to continue exploring these subjects in all their diversities. Contreras has made important contributions to the knowledge of the blackmilitias (milicias de pardos), which were militia units commonly composed by free blacks between the eighteenth and nineteenth centuries in the Southern Cone. The author acknowledges that those who were part of these militias had a high degree of obedience to the Hispanic regime, because "their enlistment placed them under the eyes of the authorities as loyal to the monarchy, men of luster and good manners, distancing them away from the image of potential delinquents, bad living persons, or rebels, which were frequently expressed against them [4]." This description expresses the heterogeneity existing both in the historical experience of the African population and in the hegemonic speeches of the Hispanic colonial order, which is present in the sources preserved by the National Historical Archive of Chile, where lists of sale and transport of slaves, manumission demands, complaints of crimes and vagrancy, prohibitions, and regulations for the use of weapons and circulation in cities and in the countryside can be found. In reviewing some of these dossiers, we started thinking of several cases that could be considered opposed, in historical experience and in hegemonic discourses, to the black-militias cases: the fugitive black slaves in colonial Chile. Below, exploring some judicial sources, we will try to decipher who these fugitives were and propose an explanation of the possible relationships, interpretations, similarities, and differences between them.

Freedom is a broad concept in slavery studies and has a polysemous nature. It is usually used in a pragmatic sense, opposing freedom and slavery as legal conditions. Several lines of analysis can be examined through this point of view, such as social mobility, access to public offices, differences in tax contribution, among others. In this regard, freedom is usually conceived as the main goal of slaves who seek to get

The chief strategy to achieve this goal is manumission [5]. By the end of eighteenth century, manumission was a usual practice in colonial Chile. As historian Guillermo Feliú Cruz expresses, "the slave could obtain his freedom when, with his own economies, he paid his master the value in which he had been acquired [6]."

**82**

**2. Runaway freedom**

rid of their servile nature.

that settlers "also wished to eliminate the lure of escape that Palmares constantly represented to the plantation slaves [11]." The slaves escaped by cause of mistreatment, but then they hit the roads toward Palmares because the quilombo appealed them. Even if colonial Chile has no particularity comparable to what is found in the northeastern Brazil, we can still try to understand what slaves were looking for in running away, especially what they envisioned as the destiny of their break. In the case of María del Carmen's slaves, one of them called Salvador confessed "that his prison is attributable to the fact that he was breaking toward Mendoza, and that the runaway mode was following and accompanying the others with no intention of offending anyone. As it was verified when the Dragoons captain and his soldiers went to apprehend them, they surrendered without the slightest resistance, not having another circumstance or motivation but seeing that his fellows and beloved blacks were leaving [9]."

Well-treated slaves wishing this kind of change in their life conditions may seem a paradox. In this particular case, the attraction exerted by fugitive freedom is not horror of slavery. Salvador makes the decision to leave after noting the collective nature of the escape. The experience of a sentimental link with a group identified as black awakens his desire to follow it. The escape resulting from a racial affinity, or from a specific affectivity with a group, opens a new perspective to understand the possibilities of a slave beyond social and spatial limits. Freedom is accordingly shaped by feelings, prejudices, beliefs, ambitions, and ideals awakened by the slave about the social and geographical situation he will find in fleeing. Normally, most slaves escaped without a plan behind them that is why they did not stay long as fugitives, either because they returned or because they were caught [12]. However, the lack of a runaway plan does not imply the absence of this ideal dimension bear by the slave when leaving his master.

Following a group of *fellows and beloved blacks* was probably not a substantial reason to escape. This collective runaway was arranged and requested by a *sambo* Balentin, who raised a kind of motto on the eventual injustices on the masters' treatment. We may think his specific purpose was to put forward a background shared between black slaves. In her study of fugitive blacks in the region of Charcas, Gutiérrez Brockington wonders if this stimulation to escape is not a theft, or some form of shelter provided to the slave [13]. Matheo, one of the plotted, indicates that "a *sambo* Romero inquired him saying that he had been running away for a long time, that for this reason, he was practical on the roads and that they could escape to the other slope [9]."

The incitement to escape is an offer to leave the slave condition, if not materially, at least psychologically. The idea of a better life is represented in being a runaway, or more precisely, to share this condition with other fellows. Some slaves turned their runaway condition into a normal situation, a way of life that goes well with this situation described as "practical on the roads." In fact, in other colonial sources, we find the term "practical on the roads" or sometimes only "practical" as a synonym of the word *baqueano*, or local guide, someone who knows the roads and acts as a guide to others. The roads are an image of an external form of life indicating circulation. For a fugitive, slave indicates relocation of habits and skills.

Yet, an important branch of Chilean historiography has devoted to study forms of displacement for Spanish Colonial times, usually under the conceptualization of vagrancy. In 1960s, Mario Góngora concluded his work *Vagabundaje y sociedad Fronteriza en Chile* asserting that in Chilean society, "born after an adventurous conquest, imbued with pastoral cattle ranching, with Indians uprooted from their land, the trend to displacement was not surprising [14]." Rural population was "not nomadic but was neither deeply rooted in the territory" observing a "intimate tendency to vagrancy in groups without statute, privileges, or organization within the

**85**

*Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805)*

existing order such as marginal groups of half-breed, mulattos, sambos (*mestizos, mulatos, zambos*) and free blacks joined, for obvious reasons, by all kinds of criminals, slaves, and fugitive Indians [14]." Two decades later, historian Gabriel Salazar described the conformation of Chilean peasantry through the notion of *mass work*, i.e., the massification of production from an enlargement of the labor force, an historic process observed several times in the colonial period. "Colonial entrepreneurs discovered that they could quickly increase their quota of gain by massifying the exports of wheat to Peru [15]," Salazar asserts. In the eighteenth century, "a feverish logic of mass production-export reappeared again, and with it, not only the expectations of big profits and the usurious practices of great merchants, but also, and what was worse, the concept of work mass. The labor training process weakened. It was necessary an increasing number of workers with pure physical capacity […]. From this moment, silent, gradual, but steadily, the wandering masses began to be recruited by the central economic system of the Colony. Neither the Church nor the King, nor local authorities tried to stop that recruitment, since neither their ideological schemes nor their sovereignty was designed to govern marginal groups

Salazar's proposal is above all an explanatory scheme, an effort to provide a

us as contextual background to what we want to refer, the existence of a considerable portion of population in motion, integrating a socioeconomic logic that enables several profiles that share a permanent externality. However, vagrants and fugitives must not be confused and so quickly assimilated. The figure of the vagabond does not describe any essentialism; it was the word used to point out alternative ways of life marginal to colonial society. Among this heterogeneous and diffuse group, moving throughout the territory, black fugitives could be conceptually incorporated.

and the free one. Both impose functions and behaviors on individuals. Fugitive slaves, as well as freed slaves who led a vagrant life, were able to move from one side to another. Consequently, the fugitive deterritorializes the slave zone well as it simultaneously territorializes the free zone. The outside transformed into something useful, a field where a perpetual motion life can take place and where there is no goal but to remain there, nowhere. The *roads* would be then a sensible expression of what we have called fugitive freedom, watching how they are called upon to

This large-scale scheme therefore suggests two organized labor areas, the slavery

It is well known that Jesuits had many black slaves in their properties (*haciendas*) all along the *kingdom of Chile*. The removal of the Company members in

<sup>1</sup> Salazar's quotation explains one aspect of rural socioeconomics of Chile's central valley. However, his text usually forces historical processes to fit into a structural and Marxist interpretation. Precisely, work mass is not always an explanatory concept regarding the work forms found in this context. In our point of view, he tries at all costs to find a historical endeavor leading to the proletarianization of workers, and afterward, he tries to find a widespread popular and solidary emotion, constituting a historical consciousness lost after the introduction of the military dictatorship in 1973 (as an accentuation of mass alienation). Nevertheless, the most thorough study on the subject is the Alejandra Araya's work [25]. She undertakes an analysis of vagrancy as a historical product of a discourse, which associates wandering life with unproductivity and crime. We find at Araya not only a very good description of vagabond ways of life and the possible profiles, but also an interesting demonstration on how association of concepts in a

This description serves

conceptual guide to the formation of peasantry in rural Chile.1

*DOI: http://dx.doi.org/10.5772/intechopen.85764*

and local labor forms [15]."

incorporate other slaves to escape.

**4. Facing Jesuit void**

discourse impact society.

#### *Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805) DOI: http://dx.doi.org/10.5772/intechopen.85764*

existing order such as marginal groups of half-breed, mulattos, sambos (*mestizos, mulatos, zambos*) and free blacks joined, for obvious reasons, by all kinds of criminals, slaves, and fugitive Indians [14]." Two decades later, historian Gabriel Salazar described the conformation of Chilean peasantry through the notion of *mass work*, i.e., the massification of production from an enlargement of the labor force, an historic process observed several times in the colonial period. "Colonial entrepreneurs discovered that they could quickly increase their quota of gain by massifying the exports of wheat to Peru [15]," Salazar asserts. In the eighteenth century, "a feverish logic of mass production-export reappeared again, and with it, not only the expectations of big profits and the usurious practices of great merchants, but also, and what was worse, the concept of work mass. The labor training process weakened. It was necessary an increasing number of workers with pure physical capacity […]. From this moment, silent, gradual, but steadily, the wandering masses began to be recruited by the central economic system of the Colony. Neither the Church nor the King, nor local authorities tried to stop that recruitment, since neither their ideological schemes nor their sovereignty was designed to govern marginal groups and local labor forms [15]."

Salazar's proposal is above all an explanatory scheme, an effort to provide a conceptual guide to the formation of peasantry in rural Chile.1 This description serves us as contextual background to what we want to refer, the existence of a considerable portion of population in motion, integrating a socioeconomic logic that enables several profiles that share a permanent externality. However, vagrants and fugitives must not be confused and so quickly assimilated. The figure of the vagabond does not describe any essentialism; it was the word used to point out alternative ways of life marginal to colonial society. Among this heterogeneous and diffuse group, moving throughout the territory, black fugitives could be conceptually incorporated.

This large-scale scheme therefore suggests two organized labor areas, the slavery and the free one. Both impose functions and behaviors on individuals. Fugitive slaves, as well as freed slaves who led a vagrant life, were able to move from one side to another. Consequently, the fugitive deterritorializes the slave zone well as it simultaneously territorializes the free zone. The outside transformed into something useful, a field where a perpetual motion life can take place and where there is no goal but to remain there, nowhere. The *roads* would be then a sensible expression of what we have called fugitive freedom, watching how they are called upon to incorporate other slaves to escape.

#### **4. Facing Jesuit void**

It is well known that Jesuits had many black slaves in their properties (*haciendas*) all along the *kingdom of Chile*. The removal of the Company members in

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

blacks were leaving [9]."

the slave when leaving his master.

to the other slope [9]."

that settlers "also wished to eliminate the lure of escape that Palmares constantly represented to the plantation slaves [11]." The slaves escaped by cause of mistreatment, but then they hit the roads toward Palmares because the quilombo appealed them. Even if colonial Chile has no particularity comparable to what is found in the northeastern Brazil, we can still try to understand what slaves were looking for in running away, especially what they envisioned as the destiny of their break. In the case of María del Carmen's slaves, one of them called Salvador confessed "that his prison is attributable to the fact that he was breaking toward Mendoza, and that the runaway mode was following and accompanying the others with no intention of offending anyone. As it was verified when the Dragoons captain and his soldiers went to apprehend them, they surrendered without the slightest resistance, not having another circumstance or motivation but seeing that his fellows and beloved

Well-treated slaves wishing this kind of change in their life conditions may seem a paradox. In this particular case, the attraction exerted by fugitive freedom is not horror of slavery. Salvador makes the decision to leave after noting the collective nature of the escape. The experience of a sentimental link with a group identified as black awakens his desire to follow it. The escape resulting from a racial affinity, or from a specific affectivity with a group, opens a new perspective to understand the possibilities of a slave beyond social and spatial limits. Freedom is accordingly shaped by feelings, prejudices, beliefs, ambitions, and ideals awakened by the slave about the social and geographical situation he will find in fleeing. Normally, most slaves escaped without a plan behind them that is why they did not stay long as fugitives, either because they returned or because they were caught [12]. However, the lack of a runaway plan does not imply the absence of this ideal dimension bear by

Following a group of *fellows and beloved blacks* was probably not a substantial reason to escape. This collective runaway was arranged and requested by a *sambo* Balentin, who raised a kind of motto on the eventual injustices on the masters' treatment. We may think his specific purpose was to put forward a background shared between black slaves. In her study of fugitive blacks in the region of Charcas, Gutiérrez Brockington wonders if this stimulation to escape is not a theft, or some form of shelter provided to the slave [13]. Matheo, one of the plotted, indicates that "a *sambo* Romero inquired him saying that he had been running away for a long time, that for this reason, he was practical on the roads and that they could escape

The incitement to escape is an offer to leave the slave condition, if not materially, at least psychologically. The idea of a better life is represented in being a runaway, or more precisely, to share this condition with other fellows. Some slaves turned their runaway condition into a normal situation, a way of life that goes well with this situation described as "practical on the roads." In fact, in other colonial sources, we find the term "practical on the roads" or sometimes only "practical" as a synonym of the word *baqueano*, or local guide, someone who knows the roads and acts as a guide to others. The roads are an image of an external form of life indicating circula-

Yet, an important branch of Chilean historiography has devoted to study forms of displacement for Spanish Colonial times, usually under the conceptualization of vagrancy. In 1960s, Mario Góngora concluded his work *Vagabundaje y sociedad Fronteriza en Chile* asserting that in Chilean society, "born after an adventurous conquest, imbued with pastoral cattle ranching, with Indians uprooted from their land, the trend to displacement was not surprising [14]." Rural population was "not nomadic but was neither deeply rooted in the territory" observing a "intimate tendency to vagrancy in groups without statute, privileges, or organization within the

tion. For a fugitive, slave indicates relocation of habits and skills.

**84**

<sup>1</sup> Salazar's quotation explains one aspect of rural socioeconomics of Chile's central valley. However, his text usually forces historical processes to fit into a structural and Marxist interpretation. Precisely, work mass is not always an explanatory concept regarding the work forms found in this context. In our point of view, he tries at all costs to find a historical endeavor leading to the proletarianization of workers, and afterward, he tries to find a widespread popular and solidary emotion, constituting a historical consciousness lost after the introduction of the military dictatorship in 1973 (as an accentuation of mass alienation). Nevertheless, the most thorough study on the subject is the Alejandra Araya's work [25]. She undertakes an analysis of vagrancy as a historical product of a discourse, which associates wandering life with unproductivity and crime. We find at Araya not only a very good description of vagabond ways of life and the possible profiles, but also an interesting demonstration on how association of concepts in a discourse impact society.

1767 meant, for colonial authorities, the confiscation and occupation of their land properties and other assets, including black slaves. A secular board called *Junta de Temporalidades* was created to draw up inventories and to manage the transfers of all these possessions. In this context, the procurator (*fiscal de temporalidades*) complained to the Viceroy of the president of the Royal Court (*Real Audiencia*) of Santiago, Chile's main court at the time, for having sold a slave party to a private:

"In certain haciendas somehow distant from this Capital, there is a shortage of blacks and there are none for sale. The few that can be found are worth five hundred pesos. If VE had been warned or consulted to better say about the motives to alienate the Chilean blacks, the need for slaves that there would have determined your superior discretion to send those that are left over in Chile and use them in the haciendas that lack the competent number for work, would have multiplied their production [16]."

One of the judges (*oidor*) named Traslaviña answered "being these many [slaves] exposed not only to runaway but to death, as has already happened with these, it seems convenient to royal interests to sell and reduce to money some part of them as opportunities are provided. Because of this chance their existence is impossible despite the means taken to distribute them insured among the neighborhood, because several have been returned or because they are not suitable for the destinations gave to them or because they [neighbors] distrust and fright their runaway [16]."

The situation was not clear. Nobody had a well-defined idea about what to do with the slaves left by the Jesuits, many of whom wanted to appropriate them. The fear of escape was important among the temporal masters (the said neighbors) and administrators, chiefly because they were responsible for the slaves. This mind was almost the same held by the neighbors on the eastern side of the Andes Mountains, where, in the same year of 1768, a group of six black slaves, formerly belonging to the Company, escaped. The judge commissioned for the expulsion of the Jesuits installed in Mendoza, explained that "they fled from this city together, on the fifth day this month, and as it has been discovered by the trail, they are heading toward that city [San Juan], and because it is the duty of the royal service to restore them to their respective deposits, on the part of His Majesty (may God preserve) […]. I request and order to be practiced and done the most lively and effective diligences to seek these slaves, giving all the necessary orders so wherever they are found, they be brought to this city, imprisoned and secured no matter what it may cost, that I will punctually satisfy for the respective depositaries everything that is impeded in these proceedings [17]."

The judge dispatched a lieutenant and 17 soldiers in search of the fugitives, who according to some neighbors, "are going straight ahead" [17]. It is interesting to examine the nimbleness of the actors aiming to recover the slaves, or even the importance of putting them under control of the colonial authorities. The civilian control of the old Jesuit belongings (*Temporalidades*) was severe and unwieldy. The Jesuit void left groups of slaves separated, and temporarily allocated among landowners, a new universe of relations and representations. The field was clear to escape.

As we said before, those runaways who declared themselves practical on the roads did not show any concrete idea about their destiny, but abstractions. However, if we look the course taken by these runaway slaves from Mendoza, we can accede to some original aspects about freedom. Six men distributed among three masters joining together to escape. More than a racial affinity, or social category, this can be seen as a shared lifetime experience. That is why the judges of *Temporalidades*

**87**

them [17]."

*Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805)*

suspected that they were moving toward the site of the old Jesuit properties (*hacien-*

We see that escaping a temporary master is a trend. The scattered slaves of the banned Jesuits ran away on both sides of the Andes. Those who left the surrounding part of Mendoza took no great discretion so as not to get caught. Their apprehension was easy, near the city of San Juan, where the rural properties of the Jesuits were

 These evidences can illuminate some conjectures behind this runaway episode: did they head to the old Jesuits' haciendas? Was there a Jesuit space, not just a territory, but a system, where nothing pushed them to escape? Are we facing an attempt to go back to a certain state of things, to become a fugitive to push toward the previous circumstances? Can we speak about coming back? If there was no plan, would at least there be a local geographical concept leading them to San Juan? The bond between these slaves was more or less clear: living in a new context of scarcity, unaccustomed to serving a particular master, uprooted and separated from each other. The emotion is shared, they undergo the same troubles, and they seek to get rid of this new atmosphere. They do not escape from an assimilated environment, they rather seek it. This shared past time drives them to escape, to return to a

No explanation is required by the judges, although they gave much importance to this case. The punishment had to fit the great political change that meant the expulsion of the Company. That is why the official in charge, "in view of having manifested such slaves their perverse inclinations through the crime of flight, in addition to other background of uprising that influence others to equal excesses […], I ordered to ship them with the necessary custody to the Capital of this Kingdom (*Reyno*) with their women and children those who had them [17]." A punishment that reminds these black slaves of their new role: parts in an internal South American slave-trade detached from its Atlantic stage, where Jesuits emerge as suppliers. Black slaves are officially recognized as being under a new status, henceforth belonging to the civil control of the Hispanic colonies. As such, the only social bond that is not broken is the family. Their relocation in another region would be a means of enhancing reproduction and consolidating the slave system.

However, all the black slaves we have invoked were Spanish-speaking (*ladinos*), and from their position they were adapted to Hispanic colonial society. This situation is opposed to those of the *bozales* (recently arrived at the Americas from Africa, what Marc Ferro calls "new blacks" [10]), removed from their home and relocated at the crossroads of a new order. Before mentioning an important case of new blacks (*bozales*) runaway, it is necessary to give certain explanations about the disappearance of African traces in Chilean society. Apart from nationalist negation, the most accepted explanation is miscegenation between the lower classes. As we have already mentioned, eighteenth century economy favored the growth of a rural

<sup>2</sup> In 1767, there were four large Jesuit rural properties in San Juan: Puyuta, San Xavier, Guanacache, and

<sup>3</sup> The capture is narrated as follows: "the day they were caught, the above-mentioned [commissioner] Chagaray made use of a man named Molina, with whom these blacks had spoken and asked for horses, on whose occasion this Molina caught up with them, and kept them, so that they could easily apprehend

*DOI: http://dx.doi.org/10.5772/intechopen.85764*

*das*) in San Juan.<sup>2</sup>

territory that no longer exists.

**5. The return, a territorial dream**

salaried and itinerant workforce.

Father Jofre's vineyard.

located.3

*Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805) DOI: http://dx.doi.org/10.5772/intechopen.85764*

suspected that they were moving toward the site of the old Jesuit properties (*haciendas*) in San Juan.<sup>2</sup>

We see that escaping a temporary master is a trend. The scattered slaves of the banned Jesuits ran away on both sides of the Andes. Those who left the surrounding part of Mendoza took no great discretion so as not to get caught. Their apprehension was easy, near the city of San Juan, where the rural properties of the Jesuits were located.3 These evidences can illuminate some conjectures behind this runaway episode: did they head to the old Jesuits' haciendas? Was there a Jesuit space, not just a territory, but a system, where nothing pushed them to escape? Are we facing an attempt to go back to a certain state of things, to become a fugitive to push toward the previous circumstances? Can we speak about coming back? If there was no plan, would at least there be a local geographical concept leading them to San Juan? The bond between these slaves was more or less clear: living in a new context of scarcity, unaccustomed to serving a particular master, uprooted and separated from each other. The emotion is shared, they undergo the same troubles, and they seek to get rid of this new atmosphere. They do not escape from an assimilated environment, they rather seek it. This shared past time drives them to escape, to return to a territory that no longer exists.

No explanation is required by the judges, although they gave much importance to this case. The punishment had to fit the great political change that meant the expulsion of the Company. That is why the official in charge, "in view of having manifested such slaves their perverse inclinations through the crime of flight, in addition to other background of uprising that influence others to equal excesses […], I ordered to ship them with the necessary custody to the Capital of this Kingdom (*Reyno*) with their women and children those who had them [17]."

A punishment that reminds these black slaves of their new role: parts in an internal South American slave-trade detached from its Atlantic stage, where Jesuits emerge as suppliers. Black slaves are officially recognized as being under a new status, henceforth belonging to the civil control of the Hispanic colonies. As such, the only social bond that is not broken is the family. Their relocation in another region would be a means of enhancing reproduction and consolidating the slave system.

#### **5. The return, a territorial dream**

However, all the black slaves we have invoked were Spanish-speaking (*ladinos*), and from their position they were adapted to Hispanic colonial society. This situation is opposed to those of the *bozales* (recently arrived at the Americas from Africa, what Marc Ferro calls "new blacks" [10]), removed from their home and relocated at the crossroads of a new order. Before mentioning an important case of new blacks (*bozales*) runaway, it is necessary to give certain explanations about the disappearance of African traces in Chilean society. Apart from nationalist negation, the most accepted explanation is miscegenation between the lower classes. As we have already mentioned, eighteenth century economy favored the growth of a rural salaried and itinerant workforce.

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

party to a private:

production [16]."

runaway [16]."

these proceedings [17]."

1767 meant, for colonial authorities, the confiscation and occupation of their land properties and other assets, including black slaves. A secular board called *Junta de Temporalidades* was created to draw up inventories and to manage the transfers of all these possessions. In this context, the procurator (*fiscal de temporalidades*) complained to the Viceroy of the president of the Royal Court (*Real Audiencia*) of Santiago, Chile's main court at the time, for having sold a slave

"In certain haciendas somehow distant from this Capital, there is a shortage of blacks and there are none for sale. The few that can be found are worth five hundred pesos. If VE had been warned or consulted to better say about the motives to alienate the Chilean blacks, the need for slaves that there would have determined your superior discretion to send those that are left over in Chile and use them in the haciendas that lack the competent number for work, would have multiplied their

One of the judges (*oidor*) named Traslaviña answered "being these many [slaves] exposed not only to runaway but to death, as has already happened with these, it seems convenient to royal interests to sell and reduce to money some part of them as opportunities are provided. Because of this chance their existence is impossible despite the means taken to distribute them insured among the neighborhood, because several have been returned or because they are not suitable for the destinations gave to them or because they [neighbors] distrust and fright their

The situation was not clear. Nobody had a well-defined idea about what to do with the slaves left by the Jesuits, many of whom wanted to appropriate them. The fear of escape was important among the temporal masters (the said neighbors) and administrators, chiefly because they were responsible for the slaves. This mind was almost the same held by the neighbors on the eastern side of the Andes Mountains, where, in the same year of 1768, a group of six black slaves, formerly belonging to the Company, escaped. The judge commissioned for the expulsion of the Jesuits installed in Mendoza, explained that "they fled from this city together, on the fifth day this month, and as it has been discovered by the trail, they are heading toward that city [San Juan], and because it is the duty of the royal service to restore them to their respective deposits, on the part of His Majesty (may God preserve) […]. I request and order to be practiced and done the most lively and effective diligences to seek these slaves, giving all the necessary orders so wherever they are found, they be brought to this city, imprisoned and secured no matter what it may cost, that I will punctually satisfy for the respective depositaries everything that is impeded in

The judge dispatched a lieutenant and 17 soldiers in search of the fugitives, who according to some neighbors, "are going straight ahead" [17]. It is interesting to examine the nimbleness of the actors aiming to recover the slaves, or even the importance of putting them under control of the colonial authorities. The civilian control of the old Jesuit belongings (*Temporalidades*) was severe and unwieldy. The Jesuit void left groups of slaves separated, and temporarily allocated among landowners, a new universe of relations and representations. The field was clear to

As we said before, those runaways who declared themselves practical on the roads did not show any concrete idea about their destiny, but abstractions. However, if we look the course taken by these runaway slaves from Mendoza, we can accede to some original aspects about freedom. Six men distributed among three masters joining together to escape. More than a racial affinity, or social category, this can be seen as a shared lifetime experience. That is why the judges of *Temporalidades*

**86**

escape.

<sup>2</sup> In 1767, there were four large Jesuit rural properties in San Juan: Puyuta, San Xavier, Guanacache, and Father Jofre's vineyard.

<sup>3</sup> The capture is narrated as follows: "the day they were caught, the above-mentioned [commissioner] Chagaray made use of a man named Molina, with whom these blacks had spoken and asked for horses, on whose occasion this Molina caught up with them, and kept them, so that they could easily apprehend them [17]."

Historical overall frame holds that early colonial labor forms, especially African slavery and the various figures of Indian work, led to the formation of a crude metis free laborers force. Yet, Africans continued to arrive as this group of 72 people from Senegal who crossed the Cordillera brought by a trader called Alejandro de Aranda. On their way from Mendoza, they arrived in Valparaíso to meet the *Tryal*'s captain Benito Cerreño, and to ship under his orders toward Callao on December 20th, 1804.4 The slaves formed the biggest part of the crew. According to the declaration of Cerreño (collected by the journal of the *Perseverance*'s captain Amasa Delano).

"The crew of the ship consisted of thirty-six men, besides the persons who went as passengers. The negroes numbered twenty from 12 to 16 years; one of about 18 or 19 years old named Jose who was the man that waited upon his master Don Alexandro and who spoke Spanish well; a mulatto named Francisco, native of the province of Buenos Aires, aged about thirty-five; a smart negro named Joaquin, who had been for many years among the Spaniards, aged twenty-six, and a caulker by trade; twelve full-grown negroes, aged from 25 to 50 years, all raw and born on the coast of Senegal-whose names are as follows: Babo, and he was killed; Mure son of Babo; Matinqui, Yola, Yau, Atufal, who was killed; Diamelo, also killed; Lecbe and Nantu, both killed; and he could not recollect the names of the others (Cereno reported that at least half of the above named were killed in the battle aboard ship.) There were twenty-eight women of all ages, and nine sucking infants. All the negroes slept upon deck, as is customary in this navigation, and none wore fetters because the owner, Aranda, told him that they were all tractable [18]."

After a week of sailing, the 72 blacks released their moorings with the assistance of three Afro-descendant servants. A revolt broke out under Babo's orders. Eighteen Spaniards were killed, smashed, stabbed, their hands tied and thrown overboard.

"Cereno said that […] they threw, in his presence, three men, alive and tied, overboard; that they told the deponent to come up, and that they would not kill him. They asked him whether there were in these seas any negro countries where they might be carried, and they answered them, no. Then they told him to carry them to Senegal, or to the neighboring islands of St. Nicholas. Cereno answered that this was impossible, on account of the great distance, the bad condition of the vessel, the want of provisions, sails and water. They told him he must carry them in any way possible that they would do and conform themselves to everything the deponent should require as to eating and drinking. After a long conference, Cereno was absolutely compelled to please them, for they threatened to kill them all if they were not, at all events, carried to Senegal [18]."

The ship continued northward. In front of the heights of Nazca, the captain was forced to change direction, "because the negroes had intimated to him that they would kill them all the moment they should perceive any city, town, or settlement on the shores [18]." The situation was gradually rising tension and despair was affecting everyone. The episodes continued "the negro Mure […] said that his comrades had determined to kill his master, Don Alexandro Aranda, because they said could not otherwise obtain their liberty, and that he should call the mate who was sleeping, before they executed it.

"[…] Cereno said that a short time after killing Aranda, they got upon deck his German-cousin, Don Francisco Masa; and the other clerk, Don Hermenegildo, a native of Spain; the boatswain, Juan Robles; and several others; all of whom were wounded, and having stabbed them again, they threw them alive into the sea. […] Mure told him that they had now done all, and that he might pursue his destination,

**89**

boat.

*Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805)*

warning him that they would kill all the Spaniards if they saw them speak, or plot

"Before the last occurrence, they had tied the cook to throw him overboard for something he had said, and finally they spared his life at the request of the deponent. A few days afterward, the deponent agreed to draw up a paper, signed by himself and the sailors who could write, and also by the negroes Babo and Atufal, who could do it in their language, in which we obliged himself to carry them to Senegal and they agreed not to kill any more, and to return the Spaniards the ship

A few days later, the American ship *Perseverance* saw the *Tryal* around Santa María Island, opposite to Talcahuano Bay. Amasa Delano, the North American captain, noticed that the *Tryal* was making suspicious maneuvers. He decided to approach the ship, while a plan was already prepared on board. He was welcomed with great happiness, greeted by the food and the water he brought with him. His account explains that "The Spanish captain, Don Bonito Cereno, had evidently lost much of his authority over the slaves, whom he appeared to fear, and whom he was

"Several […] instances of unruly conduct which, to my manner of thinking, demanded immediate resistance and punishment, were thus easily winked at, and passed over. I felt willing however to make some allowance even for conduct so gross when I considered them to have been broken down with fatigue and long

"The act of the negro, who kept constantly at the elbows of Don Bonito and myself, I should, at any other time, have immediately resented; and although it excited my wonder that his commander should allow this extraordinary liberty, I did not remonstrate against it until it became troublesome to myself. I wished to have some private conversation with the captain alone, and the negro was as usual following us into the cabin, I requested the captain to send him on deck. I spoke in Spanish and the negro understood me. The captain assured me that his remaining with us would be of no disservice, that he had made him his confident and companion since he had lost so many of his officers and men. He had introduced him to me

"[…] After I had ordered my boat to be hauled up and manned, and as I was going to the side of the vessel in order to get into her, Don Bonito came to me, gave my hand a hearty squeeze, and as I thought, seemed to feel the weight of the cool treatment with which I had retaliated. He continued to hold my hand fast till I stepped off the gunwale down the side, when he let it go, and stood making me compliments. When I had seated myself in the boat, and ordered her to be shoved off, the people having their oars up on end, she fell off at the sufficient distance to leave room for the oars to drop. After they were down, the Spanish captain, to my great astonishment, leaped from the gunwale of the ship into the middle of our

"As soon as he had recovered a little, he called out in so alarming manner that I could not understand him; and the Spanish sailors were then seen jumping overboard and making for our boat. These proceedings excited the wonders of us all. At this moment, one of my Portuguese sailors in the boat spoke to me and gave me to understand what Don Bonito had said. I desired the captain to come after and sit by

Cerreño explained the set of circumstances, and he added that it was useless to take his ship with launches, because the bravery and anguish of the slaves would not

This kind of sociodrama serves to amplify the problems mentioned before. The experiences of Africans and Afro-descendant were diverse in the Americas, even

before as captain of the slaves and told me he kept them in good order.

my side, and in a calm deliberate manner relate the whole affair [18]."

have allowed it so. A battle broke out.

*DOI: http://dx.doi.org/10.5772/intechopen.85764*

unwilling in any case to oppose […].

suffering."

with the cargo, once the negroes reached safety [18]."

anything against them.

<sup>4</sup> In 1869, Benjamín Vicuña Mackenna devoted a few pages of his *Historia de Valparaíso* to this affair, the story of the Africans on the *Tryal*, traveling the Chilean coast between 1804 and 1805. This is also the plot that inspired Herman Melville to write his famous novel entitled *Benito Cereno* (1855).

#### *Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805) DOI: http://dx.doi.org/10.5772/intechopen.85764*

warning him that they would kill all the Spaniards if they saw them speak, or plot anything against them.

"Before the last occurrence, they had tied the cook to throw him overboard for something he had said, and finally they spared his life at the request of the deponent. A few days afterward, the deponent agreed to draw up a paper, signed by himself and the sailors who could write, and also by the negroes Babo and Atufal, who could do it in their language, in which we obliged himself to carry them to Senegal and they agreed not to kill any more, and to return the Spaniards the ship with the cargo, once the negroes reached safety [18]."

A few days later, the American ship *Perseverance* saw the *Tryal* around Santa María Island, opposite to Talcahuano Bay. Amasa Delano, the North American captain, noticed that the *Tryal* was making suspicious maneuvers. He decided to approach the ship, while a plan was already prepared on board. He was welcomed with great happiness, greeted by the food and the water he brought with him. His account explains that "The Spanish captain, Don Bonito Cereno, had evidently lost much of his authority over the slaves, whom he appeared to fear, and whom he was unwilling in any case to oppose […].

"Several […] instances of unruly conduct which, to my manner of thinking, demanded immediate resistance and punishment, were thus easily winked at, and passed over. I felt willing however to make some allowance even for conduct so gross when I considered them to have been broken down with fatigue and long suffering."

"The act of the negro, who kept constantly at the elbows of Don Bonito and myself, I should, at any other time, have immediately resented; and although it excited my wonder that his commander should allow this extraordinary liberty, I did not remonstrate against it until it became troublesome to myself. I wished to have some private conversation with the captain alone, and the negro was as usual following us into the cabin, I requested the captain to send him on deck. I spoke in Spanish and the negro understood me. The captain assured me that his remaining with us would be of no disservice, that he had made him his confident and companion since he had lost so many of his officers and men. He had introduced him to me before as captain of the slaves and told me he kept them in good order.

"[…] After I had ordered my boat to be hauled up and manned, and as I was going to the side of the vessel in order to get into her, Don Bonito came to me, gave my hand a hearty squeeze, and as I thought, seemed to feel the weight of the cool treatment with which I had retaliated. He continued to hold my hand fast till I stepped off the gunwale down the side, when he let it go, and stood making me compliments. When I had seated myself in the boat, and ordered her to be shoved off, the people having their oars up on end, she fell off at the sufficient distance to leave room for the oars to drop. After they were down, the Spanish captain, to my great astonishment, leaped from the gunwale of the ship into the middle of our boat.

"As soon as he had recovered a little, he called out in so alarming manner that I could not understand him; and the Spanish sailors were then seen jumping overboard and making for our boat. These proceedings excited the wonders of us all. At this moment, one of my Portuguese sailors in the boat spoke to me and gave me to understand what Don Bonito had said. I desired the captain to come after and sit by my side, and in a calm deliberate manner relate the whole affair [18]."

Cerreño explained the set of circumstances, and he added that it was useless to take his ship with launches, because the bravery and anguish of the slaves would not have allowed it so. A battle broke out.

This kind of sociodrama serves to amplify the problems mentioned before. The experiences of Africans and Afro-descendant were diverse in the Americas, even

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

Historical overall frame holds that early colonial labor forms, especially African slavery and the various figures of Indian work, led to the formation of a crude metis free laborers force. Yet, Africans continued to arrive as this group of 72 people from Senegal who crossed the Cordillera brought by a trader called Alejandro de Aranda. On their way from Mendoza, they arrived in Valparaíso to meet the *Tryal*'s captain Benito Cerreño, and to ship under his orders toward Callao on December 20th,

The slaves formed the biggest part of the crew. According to the declaration

of Cerreño (collected by the journal of the *Perseverance*'s captain Amasa Delano). "The crew of the ship consisted of thirty-six men, besides the persons who went

as passengers. The negroes numbered twenty from 12 to 16 years; one of about 18 or 19 years old named Jose who was the man that waited upon his master Don Alexandro and who spoke Spanish well; a mulatto named Francisco, native of the province of Buenos Aires, aged about thirty-five; a smart negro named Joaquin, who had been for many years among the Spaniards, aged twenty-six, and a caulker by trade; twelve full-grown negroes, aged from 25 to 50 years, all raw and born on the coast of Senegal-whose names are as follows: Babo, and he was killed; Mure son of Babo; Matinqui, Yola, Yau, Atufal, who was killed; Diamelo, also killed; Lecbe and Nantu, both killed; and he could not recollect the names of the others (Cereno reported that at least half of the above named were killed in the battle aboard ship.) There were twenty-eight women of all ages, and nine sucking infants. All the negroes slept upon deck, as is customary in this navigation, and none wore fetters

because the owner, Aranda, told him that they were all tractable [18]."

were not, at all events, carried to Senegal [18]."

was sleeping, before they executed it.

After a week of sailing, the 72 blacks released their moorings with the assistance of three Afro-descendant servants. A revolt broke out under Babo's orders. Eighteen Spaniards were killed, smashed, stabbed, their hands tied and thrown overboard. "Cereno said that […] they threw, in his presence, three men, alive and tied, overboard; that they told the deponent to come up, and that they would not kill him. They asked him whether there were in these seas any negro countries where they might be carried, and they answered them, no. Then they told him to carry them to Senegal, or to the neighboring islands of St. Nicholas. Cereno answered that this was impossible, on account of the great distance, the bad condition of the vessel, the want of provisions, sails and water. They told him he must carry them in any way possible that they would do and conform themselves to everything the deponent should require as to eating and drinking. After a long conference, Cereno was absolutely compelled to please them, for they threatened to kill them all if they

The ship continued northward. In front of the heights of Nazca, the captain was forced to change direction, "because the negroes had intimated to him that they would kill them all the moment they should perceive any city, town, or settlement on the shores [18]." The situation was gradually rising tension and despair was affecting everyone. The episodes continued "the negro Mure […] said that his comrades had determined to kill his master, Don Alexandro Aranda, because they said could not otherwise obtain their liberty, and that he should call the mate who

"[…] Cereno said that a short time after killing Aranda, they got upon deck his German-cousin, Don Francisco Masa; and the other clerk, Don Hermenegildo, a native of Spain; the boatswain, Juan Robles; and several others; all of whom were wounded, and having stabbed them again, they threw them alive into the sea. […] Mure told him that they had now done all, and that he might pursue his destination,

<sup>4</sup> In 1869, Benjamín Vicuña Mackenna devoted a few pages of his *Historia de Valparaíso* to this affair, the story of the Africans on the *Tryal*, traveling the Chilean coast between 1804 and 1805. This is also the

plot that inspired Herman Melville to write his famous novel entitled *Benito Cereno* (1855).

**88**

1804.4

if they are normally immersed in atmospheres of servitude, discrimination, and alienation. On the brink, we can speak of a black condition, a forced experience, a repetitive epistemological precedent on a continental scale. These aspects help to plot a trend line and to trace the general aspects of social hierarchies in Colonial Hispanic America. Movements and associations arise and develop based on race categories, even though we must not confuse a "racial category" with a "racialized social group" [19]. In other words, it should not be confused with a label with an experience.

Escape could erase some distinctions between slaves and nonslaves, by privileging what they had in common: an origin, despite the degree of distance, and a transgressive social position. It is possible that Jesuit slaves conceived race as a principle of grouping, but their context was so particular that we must think their links to the company as a strong identity substance. So strong should have these links been that after the expulsion of the priests, the choice of the escaping was sought by the slaves. The context of the *Tryal*'s is quite different. First, the 72 Senegalese had traumatic experiences that could bound them together. Race was something in common like so many others, not necessarily more important than geographical origin, cultural traces, language, captivity, feelings of injustice, misery. However, these conditions change when they meet three blacks in the service of Spaniards, three Spanish-speaking (*ladinos*) impregnated with colonial life. In a way, this is a face-to-face of merchandise men with servant men. Why Senegalese did not think of killing these three ladinos if they were assimilated to black slaves-oppressors? Vicuña Mackenna reports that José, Francisco, and Joaquín were aware of the conspiracy that they helped to release the captives and that the latter even stabbed a member of the crew [20].

How can this affinity be explained? Discrimination existed for some centuries in Spain in legal form, due to the charters of racial purity (*limpieza de sangre*). Although at the beginning it was a mechanism of religious verification, in Iberian American colonies, this tradition becomes a system to stratify the population. Races and castes were the main object of social classification, although their definitions were rather arbitrary. The functioning of societies was determined by this doctrine. We could therefore call this complex a racial system whose axes and functions, real and abstract, were internalized by all the agents involved. These ordinary assumptions could easily be accentuated in a vessel, a limited space reproducing all kinds of differences and oppositions. In this situation, the distinctions were not so great between slaves and servants. The facts ended up in an antagonist lineup between black and Spaniard. There was no possibility to think oneself outside these categories on board. It was a specific context where race became the central element of association between different individuals. It was an ephemeral overthrow of colonial power relations.

Is the *Tryal*'s affair on escape properly speaking? Some historians of the Caribbean have studied similar dynamics arguing that in the islands of Central America "the most viable of alternatives to servitude was grand marronage—the permanent desertion of slave owners—and that in those circumstances grand marronage tended to mean maritime marronage [21]." We have the story of "Richard Haagensen, who lived in St. Croix in the 1750s, noted in an account of that island that planter families were being ruined by the running away of slaves in groups of as many as 20–25 in a single night. He instanced occasions when slaves seized boats by surprise attack and forced their crews to sail to Puerto Rico. Slaves secretly built canoes large enough to accommodate whole families, commandeered when they could not build, forced sailors to take them to Puerto Rico, and when all else failed, bravely swam out to the sea in hope of accomplishing the same objective [21]." This concept was also defined by Hilary Beckles as "the rebellious activities of those slaves who took sea in flight attempting to escape fully the geographical confines of their plantation bondage [22]." However, we know that the Senegalese on board, the *Tryal* took the decision to revolt while navigating, when the balance of forces

**91**

*Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805)*

melancholy song during the action to excite the courage of the men [18]."

sive participation, but by creating an atmosphere of tension, reinforcing men through the awakening of sorrow. Thus, women motivated revolt and killings.5

Amasa Delano's account, gender differences did not arouse from nature but from the activities undertaken, more visible and physical in men, more immaterial and

Aranda's assassination corresponds to a political action, even though hate and antipathy remained in the background. The captives had already taken command of the ship, and the master did not have any power to interfere at this point. They no longer needed him, nobody was subject to his orders anymore. Aranda represented a node, as long as he was still alive, the slaves would not have a real option to be free. The Senegalese saw no way of achieving freedom: they could be sold and thus maintain their slave condition, or maybe manumitted after years of fears and miseries. The master meant subjection, commodification, alienation, notions that faded out with his death. His murder was vital in the thoughts and strategic operations of the slaves: killing the master "to obtain liberty," and then signing a contract with the depositor of the ship to ensure a successful escape. In exchange, they guaranteed the life of the Spaniards. Cultural and linguistic differences did not matter, because no

The desired destination was a place already known, the slaves' original territory, Senegal. Unlike the pan-Africanist movements of the nineteenth and twentieth

<sup>5</sup> The death of the master reminds us of a crime committed in Santiago in 1767, when a slave (Antonio) from Guinea killed his master. According to the analysis made by Carolina González, the responsibility also fell on the slave women who lived in the house, because they convinced Antonio to perpetrate the crime. One of them, the "negra Juana," is represented by the authorities as the rational body of this conspiracy "By contrast, Antonio as drunk and irascible, that is to say, as a person outside himself, is constituted as an

irrational other [26]." These differences do not emerge during the judgment of the *Tryal*'s blacks.

They had a full role in the affair, not with weapons, not with a physically aggres-

In

favored them. Inevitably, they conceived the ship as a breakout horizon. Once they have assumed control of the ship, they declare to have a geographical objective in mind, and this is when they are no longer insurgent slaves, but more specifically

In summary, it is a group of fugitive slaves who gathered around a racial category due to a particular context [22]. This case offers some aspects we will like to highlight in order to backtrack to the idea of fugitive freedom. First of all, for the first time, we see women involved within an escape. Certainly, fugitive women were less numerous than men. A study of "black women" in eighteenth century Chile states that they were basically intended for domestic service, tied to home labor as cooks, breastfeeding and child care [23]. Many of them would have sought manumission after years of work, and probably this connection to the master's house is what kept the escape as a small possibility of freedom. The Senegalese of the *Tryal*, men and women, were not quite slaves. Despite their legal status, in our point of view, they would still be captives. Trapped and deported, they are goods in transit that do not yet have a fixed destination. These fugitive women were new blacks (*bozales*) and had not yet assimilated to Hispanic American society. According to Cerreño, "The negresses of age were knowing of the revolt, and influenced the death of their master, used their influence to kill the deponent, and that during the acts of murder and before the battle aboard ship, they began to sing, and were singing a very

*DOI: http://dx.doi.org/10.5772/intechopen.85764*

runaways.

**6. Conclusions**

symbolic in women.

colonial legal apparatus was effective on board.

favored them. Inevitably, they conceived the ship as a breakout horizon. Once they have assumed control of the ship, they declare to have a geographical objective in mind, and this is when they are no longer insurgent slaves, but more specifically runaways.

#### **6. Conclusions**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

captives and that the latter even stabbed a member of the crew [20].

ent individuals. It was an ephemeral overthrow of colonial power relations. Is the *Tryal*'s affair on escape properly speaking? Some historians of the Caribbean have studied similar dynamics arguing that in the islands of Central America "the most viable of alternatives to servitude was grand marronage—the permanent desertion of slave owners—and that in those circumstances grand marronage tended to mean maritime marronage [21]." We have the story of "Richard Haagensen, who lived in St. Croix in the 1750s, noted in an account of that island that planter families were being ruined by the running away of slaves in groups of as many as 20–25 in a single night. He instanced occasions when slaves seized boats by surprise attack and forced their crews to sail to Puerto Rico. Slaves secretly built canoes large enough to accommodate whole families, commandeered when they could not build, forced sailors to take them to Puerto Rico, and when all else failed, bravely swam out to the sea in hope of accomplishing the same objective [21]." This concept was also defined by Hilary Beckles as "the rebellious activities of those slaves who took sea in flight attempting to escape fully the geographical confines of their plantation bondage [22]." However, we know that the Senegalese on board, the *Tryal* took the decision to revolt while navigating, when the balance of forces

if they are normally immersed in atmospheres of servitude, discrimination, and alienation. On the brink, we can speak of a black condition, a forced experience, a repetitive epistemological precedent on a continental scale. These aspects help to plot a trend line and to trace the general aspects of social hierarchies in Colonial Hispanic America. Movements and associations arise and develop based on race categories, even though we must not confuse a "racial category" with a "racialized social group" [19]. In other words, it should not be confused with a label with an experience.

Escape could erase some distinctions between slaves and nonslaves, by privileging what they had in common: an origin, despite the degree of distance, and a transgressive social position. It is possible that Jesuit slaves conceived race as a principle of grouping, but their context was so particular that we must think their links to the company as a strong identity substance. So strong should have these links been that after the expulsion of the priests, the choice of the escaping was sought by the slaves. The context of the *Tryal*'s is quite different. First, the 72 Senegalese had traumatic experiences that could bound them together. Race was something in common like so many others, not necessarily more important than geographical origin, cultural traces, language, captivity, feelings of injustice, misery. However, these conditions change when they meet three blacks in the service of Spaniards, three Spanish-speaking (*ladinos*) impregnated with colonial life. In a way, this is a face-to-face of merchandise men with servant men. Why Senegalese did not think of killing these three ladinos if they were assimilated to black slaves-oppressors? Vicuña Mackenna reports that José, Francisco, and Joaquín were aware of the conspiracy that they helped to release the

How can this affinity be explained? Discrimination existed for some centuries in Spain in legal form, due to the charters of racial purity (*limpieza de sangre*). Although at the beginning it was a mechanism of religious verification, in Iberian American colonies, this tradition becomes a system to stratify the population. Races and castes were the main object of social classification, although their definitions were rather arbitrary. The functioning of societies was determined by this doctrine. We could therefore call this complex a racial system whose axes and functions, real and abstract, were internalized by all the agents involved. These ordinary assumptions could easily be accentuated in a vessel, a limited space reproducing all kinds of differences and oppositions. In this situation, the distinctions were not so great between slaves and servants. The facts ended up in an antagonist lineup between black and Spaniard. There was no possibility to think oneself outside these categories on board. It was a specific context where race became the central element of association between differ-

**90**

In summary, it is a group of fugitive slaves who gathered around a racial category due to a particular context [22]. This case offers some aspects we will like to highlight in order to backtrack to the idea of fugitive freedom. First of all, for the first time, we see women involved within an escape. Certainly, fugitive women were less numerous than men. A study of "black women" in eighteenth century Chile states that they were basically intended for domestic service, tied to home labor as cooks, breastfeeding and child care [23]. Many of them would have sought manumission after years of work, and probably this connection to the master's house is what kept the escape as a small possibility of freedom. The Senegalese of the *Tryal*, men and women, were not quite slaves. Despite their legal status, in our point of view, they would still be captives. Trapped and deported, they are goods in transit that do not yet have a fixed destination. These fugitive women were new blacks (*bozales*) and had not yet assimilated to Hispanic American society. According to Cerreño, "The negresses of age were knowing of the revolt, and influenced the death of their master, used their influence to kill the deponent, and that during the acts of murder and before the battle aboard ship, they began to sing, and were singing a very melancholy song during the action to excite the courage of the men [18]."

They had a full role in the affair, not with weapons, not with a physically aggressive participation, but by creating an atmosphere of tension, reinforcing men through the awakening of sorrow. Thus, women motivated revolt and killings.5 In Amasa Delano's account, gender differences did not arouse from nature but from the activities undertaken, more visible and physical in men, more immaterial and symbolic in women.

Aranda's assassination corresponds to a political action, even though hate and antipathy remained in the background. The captives had already taken command of the ship, and the master did not have any power to interfere at this point. They no longer needed him, nobody was subject to his orders anymore. Aranda represented a node, as long as he was still alive, the slaves would not have a real option to be free. The Senegalese saw no way of achieving freedom: they could be sold and thus maintain their slave condition, or maybe manumitted after years of fears and miseries. The master meant subjection, commodification, alienation, notions that faded out with his death. His murder was vital in the thoughts and strategic operations of the slaves: killing the master "to obtain liberty," and then signing a contract with the depositor of the ship to ensure a successful escape. In exchange, they guaranteed the life of the Spaniards. Cultural and linguistic differences did not matter, because no colonial legal apparatus was effective on board.

The desired destination was a place already known, the slaves' original territory, Senegal. Unlike the pan-Africanist movements of the nineteenth and twentieth

<sup>5</sup> The death of the master reminds us of a crime committed in Santiago in 1767, when a slave (Antonio) from Guinea killed his master. According to the analysis made by Carolina González, the responsibility also fell on the slave women who lived in the house, because they convinced Antonio to perpetrate the crime. One of them, the "negra Juana," is represented by the authorities as the rational body of this conspiracy "By contrast, Antonio as drunk and irascible, that is to say, as a person outside himself, is constituted as an irrational other [26]." These differences do not emerge during the judgment of the *Tryal*'s blacks.

centuries, where Africa was thought of as a promised land by those who were born elsewhere [24]; in this case, the 72 slaves were indeed born in Africa. In both situations, people think of a return, one toward a complete idealism and the other toward an already built territoriality. This is the clearest expression of runaway freedom, a tangible place beyond, a clear idea of what to do breaking away. Despite this, they knew that such a thing was impossible. The only alternative they could consider was to move to "any negro country." Here is a beautiful Utopia, the mere fact of being conceived as such expresses a lot of meanings. First, these slaves are aware of a reality quite different from the colonial cosmos. They know that another society is possible. They have personally experienced the Atlantic world context, so a nonwhite country would be the only way out of its transoceanic constraints. Even if it is an inexistent country, they imagine an organization favorable to them. In a certain way, the biggest aversion for them is race, the cornerstone of the system they are currently involved in. In this territory they will no longer belong to a minority in the sense of a dominated group, where they will have the same status as the others, where they will approach well-being. A "negro country" expresses a rather concrete representation of the ideal that they wish to arrive, a space where they will finally be able to achieve their dream of freedom.

The *Tryal* affair ended in the worst way possible for the Africans on board. In the port of Talcahuano, the African survivors of the sea battle were judged by the Government (*Intendencia*). The verdict condemned "the negroes, Mure, Matinqui, Alazase, Yola, Joaguin, Luis, Yau, Mapenda, and Yambaio to the common penalty of death, which shall be executed by taking them out and dragging them from the prison, at the tail of a beast of burden, as far as the gibbet, where they shall be hung until they are dead, and to the forfeiture of all their property, if they should have any, to be applied to the Royal Treasury, that the heads of the five first be cut off after they are dead, and be fixed on a pole in the square of the port of Talcahuano, and the corpses of all be burnt to ashes. The negresses shall be present at the execution if they should be in that city at the time thereof that he ought and did condemn likewise the negro Jose, servant to said Don Alexandro, and Yambaio, Francisco, Rodriguez to 10 years confinement in the place of Valdivia, to work chained, on allowance and without pay, in the work of the King, and also to attend the execution of the other criminals [18]."

It is said that Mure, son of Babo, the main leader of the revolt, uttered a few words before being hung. Terms that serve as a basis for concluding, as Vicuña Mackenna quotes "he spoke in Spanish from the docks, recognizing the sentence that condemned him to the last punishment, but alleging that what had happened was only the inevitable result of the inhuman cruelty of their captors and their absolute lack of right to go and steal free men at their homes [20]."

#### **Author details**

Cristián Perucci González Department of Social Sciences, University of the Frontier (UFRO), Temuco, Chile

\*Address all correspondence to: cristianperucci@gmail.com

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

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*Runaway Freedom: Fugitive Black Slaves' Destinies in Late Colonial Chile (1760–1805)*

[11] Anderson R. The Quilombo of Palmares: A new overview of a maroon state in seventeenth-century Brazil. Journal of Latin American Studies. 1996;**28**(3):545-566. DOI: 10.1017/

[12] Franklin J, Schweninger L. Runaway

[14] Góngora M. Vagabundaje y Sociedad Fronteriza en Chile (Siglos XVII a XIX). Santiago: Facultad de Ciencias Económicas, Universidad de Chile;

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[16] File 2, Vol. 426, National Historical Archive of Chile, Collection Capitanía

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[18] Seagraves E. Delano's Voyages of Commerce and Discovery: Amasa Delano in China, the Pacific Islands, Australia, and South America, 1789- 1807. Stockbridge: Berkshire House

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*DOI: http://dx.doi.org/10.5772/intechopen.85764*

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#### **References**

*Indigenous, Aboriginal, Fugitive and Ethnic Groups Around the Globe*

centuries, where Africa was thought of as a promised land by those who were born elsewhere [24]; in this case, the 72 slaves were indeed born in Africa. In both situations, people think of a return, one toward a complete idealism and the other toward an already built territoriality. This is the clearest expression of runaway freedom, a tangible place beyond, a clear idea of what to do breaking away. Despite this, they knew that such a thing was impossible. The only alternative they could consider was to move to "any negro country." Here is a beautiful Utopia, the mere fact of being conceived as such expresses a lot of meanings. First, these slaves are aware of a reality quite different from the colonial cosmos. They know that another society is possible. They have personally experienced the Atlantic world context, so a nonwhite country would be the only way out of its transoceanic constraints. Even if it is an inexistent country, they imagine an organization favorable to them. In a certain way, the biggest aversion for them is race, the cornerstone of the system they are currently involved in. In this territory they will no longer belong to a minority in the sense of a dominated group, where they will have the same status as the others, where they will approach well-being. A "negro country" expresses a rather concrete representation of the ideal that they wish to arrive, a space where they will finally be able to achieve their dream of freedom. The *Tryal* affair ended in the worst way possible for the Africans on board. In the port of Talcahuano, the African survivors of the sea battle were judged by the Government (*Intendencia*). The verdict condemned "the negroes, Mure, Matinqui, Alazase, Yola, Joaguin, Luis, Yau, Mapenda, and Yambaio to the common penalty of death, which shall be executed by taking them out and dragging them from the prison, at the tail of a beast of burden, as far as the gibbet, where they shall be hung until they are dead, and to the forfeiture of all their property, if they should have any, to be applied to the Royal Treasury, that the heads of the five first be cut off after they are dead, and be fixed on a pole in the square of the port of Talcahuano, and the corpses of all be burnt to ashes. The negresses shall be present at the execution if they should be in that city at the time thereof that he ought and did condemn likewise the negro Jose, servant to said Don Alexandro, and Yambaio, Francisco, Rodriguez to 10 years confinement in the place of Valdivia, to work chained, on allowance and without pay, in the work of the King, and also to attend the execution of the other criminals [18]." It is said that Mure, son of Babo, the main leader of the revolt, uttered a few words before being hung. Terms that serve as a basis for concluding, as Vicuña Mackenna quotes "he spoke in Spanish from the docks, recognizing the sentence that condemned him to the last punishment, but alleging that what had happened was only the inevitable result of the inhuman cruelty of their captors and their

© 2019 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium,

Department of Social Sciences, University of the Frontier (UFRO), Temuco, Chile

\*Address all correspondence to: cristianperucci@gmail.com

absolute lack of right to go and steal free men at their homes [20]."

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**Author details**

Cristián Perucci González

provided the original work is properly cited.

[1] Egaña J. Censo de 1813: levantado por Don Juan Egaña, de orden de la Junta de Gobierno formada por los señores Pérez, Infante y Eyzaguirre. Santiago: Archivo Nacional, Imprenta Chile; 1953. p. 372

[2] Amunategui Solar D. La Trata de Negros en Chile. Revista Chilena de Historia y Geografía. 1922;**44**(4):25-40

[3] El Vial Correa G. Africano en el Reino de Chile, Ensayo Histórico-Jurídico. Santiago: Facultad de Ciencias Jurídicas y Sociales, Universidad Católica de Chile; 1957. p. 202

[4] Contreras H. Las Milicias de Pardos y Morenos Libres en Santiago de Chile en el Siglo XVIII, 1760-1800. Cuadernos de Historia. 2006;**25**:93-117

[5] Johnson L. Manumission in colonial Buenos Aires, 1776-1810. The Hispanic American Historical Review. 1979;**59**(2):258-279. DOI: 10.2307/2514414

[6] Feliú Cruz G. La Abolición de la Esclavitud en Chile, Estudio Histórico y Social. 2nd ed. Santiago: Editorial Universitaria; 1973. p. 184

[7] Matison S. Manumission by purchase. The Journal of Negro History. 1948;**33**(2):146-167. DOI: 10.2307/2715069

[8] Patterson O. Introduction, the meaning of freedom. In: Freedom Vol. 1: Freedom in the Making of Western Culture. New York: Basic Books; 1991. p. 487

[9] File 1, Vol. 297, National Historical Archive of Chile, Collection Capitanía General

[10] Ferro M. Histoire des Colonisations, des Conquêtes aux Indépendances, XIIIe-XXe Siècles. Paris: Seuil, Points Histoire; 1994. p. 595

[11] Anderson R. The Quilombo of Palmares: A new overview of a maroon state in seventeenth-century Brazil. Journal of Latin American Studies. 1996;**28**(3):545-566. DOI: 10.1017/ S0022216X00023889

[12] Franklin J, Schweninger L. Runaway Slaves: Rebels on the Plantation. New York: Oxford University Press; 1999. p. 455

[13] Gutiérrez Brockington L. The African diaspora in the eastern Andes: Adaptation, agency, and fugitive action, 1573-1677. The Americas. 2000;**57**(2):207-224

[14] Góngora M. Vagabundaje y Sociedad Fronteriza en Chile (Siglos XVII a XIX). Santiago: Facultad de Ciencias Económicas, Universidad de Chile; 1966. p. 41

[15] Salazar G. Labradores, Peones y Proletarios. Formación y Crisis de la Sociedad Popular Chilena del Siglo XIX. Santiago: Lom Ediciones; 2000. p. 328

[16] File 2, Vol. 426, National Historical Archive of Chile, Collection Capitanía General

[17] File 59, Vol. 111, National Historical Archive of Chile, Collection Capitanía General

[18] Seagraves E. Delano's Voyages of Commerce and Discovery: Amasa Delano in China, the Pacific Islands, Australia, and South America, 1789- 1807. Stockbridge: Berkshire House Publishers; 1994. p. 425

[19] Loveman M. Is 'Race' essential? American Sociological Review. 1999;**64**(6):891-898

[20] Vicuña Mackenna B. Historia de Valparaíso. Vol. II. Santiago: Universidad de Chile; 1936. p. 563

[21] Hall N, Higman B. Slave Society in the Danish West Indies: St. Thomas, St. John and St. Croix. Jamaica: University of the West Indies Press; 1994. p. 287

[22] MacDonald Beckles H. From land to sea: Runaway Barbados slaves and servants, 1630-1700. In: Heuman G, editor. Out of the House of Bondage. Runaway, Resistance and Marronage in Africa and the New World. London: Frank Cass and Company Limited; 1986. pp. 79-94

[23] Muñoz M, Román M. Mujeres negras en el Chile del Siglo XVIII. Esclavitud, silencios y representaciones [thesis]. Santiago: Universidad de Chile, FFH; 2002

[24] Culture M. Zion, la foi des Rastas. Paris: Editions L'Harmattan; 2003. p. 193

[25] Espinoza A, Ociosos A. Vagabundos y Malentretenidos en Chile Colonial. Santiago: Dibam, Lom Ediciones; 1999. p. 173

[26] González C. Subordinaciones y Resistencias de la Servidumbre Esclava: el Caso del Negro Antonio (Santiago de Chile, 1767-1768). Cuadernos de Historia. 2006;**25**:119-143

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Section 3

Asia - India
