land

The Summer issue of STIR is rich with thoughtful, provocative articles on the commons:  pieces on urban aquaponics and student housing coops, a how-to guide for saving the seeds from your tomatoes, instructions for sharing sourdough starter for bread-making, and more.

Two of the more arresting pieces in the issue are an insightful essay by Dougald Hine on “Commoning in the City,” and an interview with the British environmental activist George Monbiot on the concentration of land in England. 

Hine is a British writer and thinker who has started the School of Everything and the Dark Mountain Project.  Hine clearly appreciates that the commons disrupts the familiar thought-frames of conventional politics.  He writes:

“Of everything I hear during these two days [at a Stockholm conference on “Commoning in the City”], the answer that most impresses me comes from Stavros Stavrides: ‘commons’ has become useful, he argues, because of a change in attitude to the state, a disillusionment with the ‘public’ and a need for another term to takes its place. The public sphere, public values, the public sector: all of these things might once have promised some counterweight to the destructive force of the market, but this no longer seems to be the case.

At one time in American life, a day at the beach was open to anyone.  Over the past fifty years, however, that expectation has been slowly eroded and parceled into expensive, privately owned beachfront lots.  As Marquette professor Andrew W. Kahrl writes in The New York Times  “…up and down the Eastern Seaboard, beachfront property owners, wealthy municipalities and private homeowners’ associations threw up a variety of physical and legal barriers designed to ensure the exclusivity — and marketability — of the beach. These measures were not only antisocial but also environmentally destructive.”

The historic bulwark against the enclosure of coastal lands has been the public trust doctrine, a legal principle with deep roots in Roman law that was eventually incorporated into British and then American law.  However, U.S. state courts have generally given the public trust doctrine very different interpretations, and state legislatures have enacted different standards of public access to and ecological protection of coastal lands. 

As a result, states like California and Texas have remarkably open access to all beaches while eastern seaboard states like Connecticut and New Jersey have fairly restrictive rules.  Such states apply the public trust doctrine only to fishing and navigation, for example.  It is not widely appreciated that this is not just unfair to people who can't afford to buy or rent their own beach house, it’s an environmental danger.

In the latest issue of Stir to Action, John Gurney, an historian of the Diggers of the 17th century, has some fascinating perspectives on the Runnymede Eco-Village, a squatters encampment that began in June near the site where the Magna Carta was signed by King John.  In his essay, “The Diggers, the Land and Direct Activism,” Gurney reflects on the parallels between today’s encampment and a similar one that occurred in April 1649:

"It was in April 1649 that the Diggers, inspired by the writings of Gerrard Winstanley, occupied waste land on St George’s Hill in Surrey, and sowed the ground with parsnips, carrots and beans. For Winstanley, the earth had been corrupted by covetousness and the rise of privatge property, and the time was ripe for it tobecome once more a ‘common treasury for all’. Change was to be brought about by the poor working the land in common and refusing to work for hire. The common people had ‘by their labours … lifted up their landlords and others to rule in tyranny and oppression over them’, and, Winstanley insisted, ‘so long as such are rulers as calls the land theirs … the common people shall never have their liberty; nor the land ever freed from troubles, oppressions and complainings’. The earth was made ‘to preserve all her children’, and not to ‘preserve a few covetous, proud men to live at ease, and for them to bag and barn up the treasures of the earth from others, that they might beg or starve in a fruitful land’ – everyone should be able to ‘live upon the increase of the earth comfortably’. Soon all people – rich as well as poor – would, Winstanley hoped, be persuaded to throw in their lot with the Diggers and work to create a new, and better society. To Winstanley, agency was key, for ‘action is the life of all and if thou dost not act, thou dost nothing’.

….Digging lasted for just over a year from April 1649. The Surrey Diggers abandoned their St George’s Hill colony in the summer of 1649, after having succumbed to frequent assaults and legal actions, and by late August they had relocated to the neighbouring parish of Cobham. Here they remained until 19 April 1650, when local landowners brought hired men to destroy their houses and burn the contents and building materials. New Digger colonies had, however, sprung up elsewhere, inspired by the Surrey Diggers’ example and by Winstanley’s extraordinarily rich body of writings.

If only the rest of the world could emulate the Government of Rajasthan in India in adopting public policies to promote the commons! As the Times of India reports, “Rajasthan has become the first state in the country to have drafted a policy underlining the importance and the need to preserve and secure common land (commons) in rural areas.”  There may be other such government policies around the world, but they are few and far between.  The Rajasthan policies are a real breakthrough.

The Rajasthan government is in the process of identifying which grazing lands, common ponds and their catchment areas, playgrounds and other resources shall be treated as commons. Its new policies aim to decentralize governance, encourage conservation and proper ecological stewardship, assure fair access to and use of the lands, and facilitate public participation in all aspects of managing commons. 

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If you want to learn more about the alarming enclosure of land commons in Africa – its history, current developments and the future – you can do no better than Liz Alden Wily's just-released series of briefing papers, “Reviewing the Fate of Customary Tenure in Africa.”   The series of reports are published by the Rights and Resources Initiative, which describes itself as “ a global coalition of organizations working to encourage forest land tenure and policy reforms and the transformation of the forest economy so that business reflects local development agendas and supports local livelihoods.”

The five-part, 80-page document is a brisk, clear introdution to the history of land commons in Afrtica.  Alden Wily, who studies land tenure practices from Nairobi, Kenya, explains the role of law, money and force in dispossessing native Africans of their customary lands. The basic story is that community-governed commons are being converted into private property traded in the market, resulting in all the familiar pathologies:  People's sense of identity and connection to others wanes; they lose access and use of resources critical to their survival; ecosystems are damaged by market-driven enterprises and investors; and the displaced commoners, unable to support themselves, migrate to cities and become wage slaves, or fall to the margins of the new market culture by becoming beggars, pirates or hapless improvisers in the “informal economy."

A massive international land grab is now underway as investors and national governments buy up millions of acres of farmlands in Africa, Asia and Latin America.  It amounts to an unprecedented and novel set of enclosures of worldwide land, much of it customary land that rural communities use and manage collectively.  Hundreds of millions of rural poor people rely upon the land for their families' food, water and material -- but they don't have formal property rights in the land.  Those rights typically belong to the government, which is authorizing the sale of “unowned” lands or "wastelands" to investors, who will then use the land for market-based farming or biofuels production.

The implications for global hunger and poverty are enormous.  Instead of commoners having local authority to grow and harvest their own food, they are being thrown off the land so that large multinational corporations and investors can feed their own countries or make a speculative killing on the world land market.  A commons is converted into a market, with all the attendant pathologies.

The 2008 financial crisis and the recent round of rising food prices on world markets have spurred much of the interest in buying up arable lands in poor countries.  Food-insecure countries figure they should take care of their own future even if it means depriving commoners in poor nations thousands of miles away.  So Saudi Arabia is spending $1 billion for 700,000 hectares of land in Africa for rice cultivation.  South Korea is buying up 700,000 hectares of African land as well.  India is assembling investment pools to buy up farmlands.

While common lands and waters are being stolen by investors and developers the world over, the Supreme Court of India decided it was not going to look the other way.  In a bold, surprising ruling, the Court made a sweeping defense of the commons as commons. 

In the January 28 decision, the Court held that the enclosure of a village pond in Rohar Jagir, Tehsil, in the State of Punjab, by real estate developers was a totally illegal occupation of the commons.  The developers, who were appealing a lower court ruling, had filled in the pond with soil and started building houses on it.  The Court ruled in unmistakable terms that the pond/land must revert to the commoners immediately and the illegal occupiers must be evicted.  Even more remarkable, the Court held that similar enclosures of common lands elsewhere in India must be reversed even if they have been in effect for years.  (Thanks, Trent Schroyer, for alerting me to this case!)

You can read the 12-page decision by Markandey Katju here [pdf file].  Given the ideological capture of American jurisprudence, it is astonishing and inspirational for me to encounter a no-nonsense affirmation of the rights of commoners by the highest court of any nation.