The war on the native

The nation state is a very new invention. It originated in Europe in war and conquest, as armies conquered some tribes and massacred others. It has expanded and grown and continues to do so to this day. The state was forged in war to subdue others. This basic form remains constant, though the scope of the state has grown, along with expectations about what it can and should do.

The nation was shaped by other processes. Benedict Anderson famously explains that print capitalism was the strongest driver of the forming of the nation and nationalism, as it spread a common language within the borders of the state that did not exist prior to conquest. Since then, the idea of a common culture has taken hold and the nation grows more certain of itself. The advance of media technology in the twentieth century continued this trend. Anderson called nations “imagined communities”, because they were huge groups of people who would never meet with a communitarian identity.

From a different angle, Ernest Gellner writes,

nationalism is, essentially, the general imposition of a high culture on society, where previously low cultures had taken up the lives of the majority, and in some cases of the totality, of the population. It means that generalised diffusion of a school-mediated, academy-supervised idiom, codified for the requirements of reasonably precise bureaucratic and technological communication. It is the establishment of an anonymous, impersonal society, with mutually substitutable atomised individuals, held together above all by a shared culture of this kind, in place of a previous complex structure of local groups, sustained by folk cultures reproduced locally and idiosyncratically by the micro-groups themselves.

In 1648, the Treaty of Westphalia, which ended the 30-Years War (yes, the history of the state is of chaos; it is hard to think one’s idea of “anarchy” could be as bad), effectively baptized the nation state. State borders grew stronger. It was assumed among states that sovereignty, meaning the mutual acceptance of the other’s monopoly on crime within its boundaries, was to be respected. Of course, the urge to use an army at one’s disposal is too great, and the fighting continued until the number of states in Europe shrank and the power of each one to kill grew.

Around 1789, the idea that the state should represent the people, preserve liberty, equality, fraternity, or other revolutionary slogans, caught on. National education systems were erected, inculcating everyone in the logic of the state and the primordiality of the nation. The nation state became timeless, obvious and unassailable. The nation state expanded beyond its borders, as European empires built big ships and conquered the globe. To reach their goals, they killed whomever they had to kill, on any continent they felt like taking.

Ultimately, what the empires left their conquered peoples with was the nation state. The nation state has broken down old social structures and erected new ones. It groups millions of disparate people and assumes they can be represented by a ruling class. It assumes rule by a ruling class is preferable to whatever it has destroyed. It has institutionalised theft and slavery. It has militarised the criminals and disarmed their victims. And even though it legally covers every inch of land in the world, its power over the people within those lines continues to expand. One result of modern state expansion is a war on the native.

Indigenous people all around the world have been persecuted since the inception of the state. They have been forcibly moved so they could be taxed or so the powerful could gain access to land and other resources. They have been killed when they have resisted. Many groups we have never heard of have been wiped out over the years. Others have been decimated and pacified and pushed onto “reservations”. In recent years, much of this wanton violence has been at the request of large extracting corporations. Such corporations, oil and gas concerns, for example, function almost as the right arm of the modern state. The state is a vehicle for accumulating power; the corporation is the most powerful modern tool for accumulating wealth. Heads of state and corporations work together to extract wealth and repress those who challenge them.

Under the nation-state system, the real owner of all land (and thus resources on that land) within the borders of the state is the state. Some states afford a measure of land or property ownership to those not connected to the state, but not many. Even Canada has seen a number of oil spills on supposedly-private land in recent months. Perhaps the people living on the poisoned land will be compensated. But the fact that someone else could ruin their land and they will need to petition the state for restitution is evidence they did not own the land to begin with. Moreover, secession is an option for free members of a federation, but not for citizens of the modern nation state.

Kayapó people being "evacuated"
Kayapó people being “evacuated”

A number of indigenous groups in the Amazon, such as the Kayapó, above, have protested the state’s plan for the Belo Monte Dam. This dam promises to flood a large area of land, dry up other land around the river, devastate parts of the rainforest and hurt fish stocks. Tens of thousands of people in the Xingu River basin are in danger. The locals have protested since the initial proposal of the dam in the 1980s and their demands have been ignored. They are now being attacked and moved. The dam will be built. The people with deep, spiritual ties to this land never had any recourse because those in power did not recognise their claim to the land. The state treats those it can use as tools and those it cannot as waste.

Similarly, in Indonesia, conflict is growing as large corporations have been tearing down forests and erecting palm oil plantations. Henry Saragih, founder of the Indonesian Peasant Union says

The presence of palm oil plantations has spawned a new poverty and is triggering a crisis of landlessness and hunger. Human rights violations keep occurring around natural resources in the country and intimidation, forced evictions and torture are common. There are thousands of cases that have not surfaced. Many remain hidden, especially by local authorities.

Naturally, no one is ever consulted or compensated when their habitat is stolen from them. Local security forces protect foreign corporations. The beneficiaries of globalisation and economic growth do not need to pay its prices.

Unsurprisingly, some people have resisted with violence. Under modern state parlance, they are called terrorists and insurgents. People who once farmed land in much of India until they were kicked off have formed a loose movement known as the Naxalites, led by Maoist intellectuals. Companies such as South Korea’s Posco Steel have appropriated other people’s land for their own purposes, with the help of local police. A peaceful anti-Posco movement has arisen, but protests have gone nowhere. Politicians are under pressure from the companies they have already promised to let build and the villagers who will lose their land; they make more money off the corporations so they just repress the villagers. The Naxalites oppose the advance of the state, and have killed civilians and security forces alike.

The Red Corridor, where Naxals are known to operate
The Red Corridor, where Naxals are known to operate

India’s prime minister, Manmohan Singh, has called the Naxalites “left-wing extremism” and “the single biggest internal-security challenge ever faced by our country”. Bolstered by the advent of 9/11 and the War on Terror, the Indian government has arrested and killed thousands of Naxalites and their supporters in order to maintain its monopoly on crime. On the violence committed by both sides, Arundhati Roy opines

I think you’ve got to look at every death as a terrible tragedy. In a system, in a war that’s been pushed on the people and that unfortunately is becoming a war of the rich against the poor, in which rich put forward the poorest of the poor to fight the poor, [security forces] are terrible victims but they are not just victims of the Maoists. They are victims of a system of structural violence that is taking place.

In some places the Naxalites enjoy popular support. As with other violent, persecuted groups, however, some Naxalites have used violence against unarmed locals, and have been less popular. As with the War on Drugs and countless other cases of aggression, violence begets violence.

At the same time, the Indian government has pursued a hearts-and-minds campaign of offering “development”, such as roads and schools. The simultaneous application of force and the promise of economic incentives has been praised by the Economist and others of similar persuasion. Vandana Shiva, on the other hand, believes “If the government continues its land wars in the heart of India’s bread basket, there will be no chance for peace.” This strategy is bound to fail as it does not address the roots of the problem. Indeed, it has failed. The people are not interested in being absorbed by the nation state. Explains BD Sharma, “[f]or them, development means exploitation.” This should not be surprising. The nation state views incorporation into its ambit a step up, from barbarism to civilisation. The discourse assumes a model of progress from life outside the state, thought of as unhealthy, backward and hostile to life as part of the state, meaning education, health and higher culture. It defends displacing people from their ancestral homes with its offer of schools, hospitals and integration into the wider economy. But the state always achieves its goals with violence.

James C. Scott’s The Art of Not Being Governed explains the logic of the state and escape from it through the case of the highland people of Southeast Asia. The evidence is strong that many or all of the people living in the mountainous region recently dubbed Zomia are there because some time over the past thousand years or so they have chosen the life of barbarity over forcible incorporation into the state. One of a number of groups Scott considers is the Karen.


Many of those we now call the Karen consciously fled the predatory state to escape appropriation of their land and agriculture, forced relocation or slave labour. The Burmese military government has attempted to subdue and incorporate the Karen. They fought back for many years, but eventually, technology caught up and the last major Karen base was destroyed in 1995. The people continue to hold out, however, in small groups. The Burmese military continues to wage its campaign against them. It burns down fields and lays mines there. Soldiers fighting Karen guerrillas, conscripted and paid a pittance, take whatever they want from villages on the front lines, and end up terrorising their inhabitants. Like other persecuted groups of Zomia, the Karen have adopted flexible agricultural techniques, mobility, shifting ethnic identities and social structures that split easily over political, social or religious issues. But the state advances and the Karen get easier to destroy. Scott believes it is only a matter of time before the people of Zomia become tax-paying subjects of the state once again.

Nigeria has also seen terrorism as natives of the Niger Delta have defended themselves against oil companies. The campaign to defeat the locals long enough to extract oil and dump waste has involved police and military, who have done their best to turn ethnic groups against each other. As a result of two decades of conflict, the entire region has militarised. Royal Dutch Shell was implicated in the murder of activist Ken Saro-Wiwa. As with other corporate malfeasance punished by a monopolist court system, it cost a trifle and enabled the firm to return to business as usual. Shell is not the only company working the area, as Chevron and Nigeria’s national petroleum company are involved as well. The struggle for freedom from the state in the Niger Delta is not over.

Is there hope in democracy? Under Rafael Correa, the government of Ecuador sued Chevron for billions for the destruction of the environment of thousands of people. Of course, a few billion is a drop in the bucket for such a firm, but at least a symbolic victory is possible. Says Andrew Miller of Amazon Watch, Chevron

left hundreds of toxic waste pits. It dumped billions of gallons of toxic waste. And really, the whole time that this trial has been going on over the course of 18 years, the communities continue to live with that legacy, and they continue to suffer the impacts, the health impacts, the cultural impacts, the environmental impacts of that destruction. And so, this is an important day for the communities. It’s just one step; it’s not a victory. But it is very crucial for them. It’s also an important day for the broader struggle for corporate accountability around the world, for broader struggles for environmental justice and human rights.

Perhaps. Will it set a precedent? An example for other indigenous people? The damage has been done. The environment has been wrecked. And it might just leave the same people open to abuse from Petroecuador, which has caused its share of oil spills. And other Andean people are even less fortunate. (See here and here.) The people have been forced to work through state structures, further integrating them into the nation state, and have been lucky enough finally to have someone in the state who will fight for them. None of these things will last if their sovereignty, over their land and their labour, is not recognised.

It is important that we learn the history of both states and nations. On the history of the state, I recommend Franz Oppenheimer’s The State, James C. Scott’s The Art of Not Being Governed, Hans-Hermann Hoppe’s Democracy: the God that Failed, Martin van Creveld’s The Rise and Decline of the State and Bruce D. Porter’s War and the Rise of the State. For more on the nation, Benedict Anderson’s Imagined Communities, Ernest Gellner’s Nation’s and Nationalism and Eric Hobsbawm’s Nations and Nationalism since 1780 are basics of the canon.

Muslim attitudes toward extremist groups










A corporation charged for murder?

A court in New York is considering whether Royal Dutch Shell can be convicted for the killing of Ken Saro-Wiwa and others in Nigeria by the Nigerian government at the behest of the oil giant. It would set a new precedent for litigation: a foreign corporation charged in a US court for aiding the human rights violations of another government.

My question is, should it really be the corporation that is charged? A corporation is more like a group than a person. If a person shoots and kills another, surely it is he that must face trial. If Royal Dutch Shell is implicated in Saro-Wiwa’s murder, though, who ordered it? Who within the corporation was responsible? Surely it was not everyone but a few people at the top. And to charge Royal Dutch Shell without charging the corrupt members of the Nigerian government for their actions makes little sense.

Moreover, if one were only charging the corporation, the losers would probably be the shareholders more than anyone. While some shareholders presumably made money from the benefit of the silenced opposition, not all shareholders did. Saro-Wiwa was killed in 1995. Did the shareholders know about it and approve it at the time? Perhaps they would not have if they had known. And do those who bought Royal Dutch Shell stock since 1995 deserve to lose money?

I would rather see law meted out to punish the individuals who are criminally responsible for the deaths of Nigerian protestors than simply everyone who happened to be around at the time.

Amnesty is good, but rights would be better

The government of Nigeria is trying to end the armed struggle in the Niger Delta with an offer of amnesty to rebels. It may do better to give the people the rights to their land.

The struggle in question is largely over oil revenues. The Niger Delta is rich with oil. Two million barrels a day come from the Delta, almost twice as much as from Alberta, and provide 75% of Nigeria’s export earnings. Some of the revenue is redistributed to the people of the Delta, some of it goes to other parts of the government, and a lot of it goes into officials’ pockets. (1)

Oil extraction in the Delta causes environmental damage. The Niger Delta has one of the highest concentrations of biodiversity on Earth. The government generally turns a blind eye to large oil companies’ operations, leading to carelessness about oil spills. 72% of oil spills are caused by old pipelines and oil extraction. 28% are due to sabotage. Oil spills have led to the destruction of mangrove forests, crops and aquaculture. (2) The industry has not left the area easy to live in. And the locals have noticed.

Even before independence from Britain in 1960, unrest in the Niger Delta has centered on the rights of the indigenous people. Nigeria’s First Republic gave the regions a large degree of autonomy, including a favourable oil revenue-sharing agreement, but successive dictatorships have left these original agreements long behind. So not only is there environmental damage, which some people would be willing to bear, but the people do not feel they are fairly compensated. Throw in regional and ethnic tensions, separatism and corruption, and you have the makings of a violent rebellion. This rebellion claimed 1000 lives and $24b of damage in 2008 alone. (3)

The Nigerian government recently offered amnesty to the rebels of the Niger Delta. It said that those willing to lay down their weapons would be granted a pardon for any past violence. The biggest rebel organisation, the Movement for the Emancipation of the Niger Delta, or MEND, has rejected the peace offering. Apparently, MEND is happier with the other side of the government’s statement, that it would crack down harder on rebels who do not take its offer.

Governments often offer amnesty to insurgents as a form of negotiation. China gave amnesty to those who handed in firearms, largely illegal in China, in 2006. Uganda offered not to prosecute Joseph Kony in order to stop the violence done by his army (although the International Criminal Court is not so forgiving). Amnesty is also behind the Truth and Reconciliation Commission of South Africa, set up to understand what happened during Apartheid and forgive those responsible. How better to insure against violence? And in a country with a weak legal system like Nigeria’s, it is a reasonable short term solution. The problem that I see, however, is that the people do not own the land they live on.


If you own your own land or other property, you have the final say on what happens to it. You can choose to sell some of it to an oil company, or to contract it out. You can decide that oil extraction is not right for your property, and enjoy the mangrove forests instead. Contracts are enforced, meaning that, if you say that oil or mining companies must clean up any mess they make, not only must they do so, but they will be far more careful than they are now. While I recommend individual ownership of land, communities can come to decisions as to how they feel the land should be utilised. Property rights are the basis of democracy and economic growth in the rich, democratic countries. But they require the rule of law, not of corrupt elites and oil corporations that are above it.

It is clear that the government of Nigeria wants to keep the situation such that the rebels are at bay while it continues to make money off oil. It is not interested in any lasting peace but in the unsustainable status quo: we get money from the oil, they bomb a pipeline; we get more money from the oil, they kidnap a few foreigners. My guess is, the cycle of violence will only end when the people have the right to the land under their feet.