Expropriation of land from indigenous populations

Name(s):

Unsettled indigenous land claims

Invasion of indigenous lands

Denial of indigenous rights to resources

Violation of land rights of a people

Unresolved land claims

Nature

The lands of native tribes may be seized by 'civilized' outsiders for the development and exploitation of natural resources. Either the tribes are simply dispossessed and become dependent on the invaders or else they are relocated on land (reservations) which is usually of poor quality. If mineral or other resources are found on reservation territory, it may be expropriated without compensation to the tribes.

Background

The concept that land can be owned, bought and sold is relatively new. Many a people had never even heard of land ownership until white people came to their areas and started laying claims on land. Expropriation began with early colonization in the 16th and 17th centuries, reached a peak with the European settlement of North America and Africa, and continues today. The problem has existed in all colonized countries and still exists where the indigenous population does not have control over the government and political independence. Even in such circumstances minority tribes may have their land expropriated (such as in Indonesia). The fact that many such tribes are nomadic, facilitates the seizure of their land and increases the risk of their extinction since the remaining less fertile land is insufficient for their way of life. They become dependent on the new landowners as a slave class and find it difficult to adapt to the new way of living so that it is difficult for them to improve their lot, thus being exploited in employment as they were exploited in the uncompensated seizure of their land. Expropriation denies the right of ownership to indigenous people.

Incidence

In 1992 it was estimated that in the USA there were about 130 dispossessed tribes living in the 48 mainland states. They had given up their land during the last century in return for benefits. Often these were never supplied or were arbitrarily removed. Some had signed treaties with the USA Government which were never ratified by Congress thus depriving them of any legal recognition as authentic tribes.

The Australian Supreme Court stated 'the Aborigines belong to the land not the land to the Aborigines' with respect to seizure of reserved territory in 1972 by a Swiss-led mining project. In New Zealand, the Waitangi Tribunal is considering claims by Maori tribes covering 60% of the land area and much of the offshore fisheries out to the 200 mile limit. Other examples include: North American Indians in Canada; Indians of Brazil, Guyana, Guatemala, Nicaragua, Ecuador, Peru, Bolivia and other Latin American countries; Igorot tribespeople of the Philippines; tribal people of India and Bangladesh; Melanesians of West Papua in Indonesia; Nighur people of China; Orang Ulu of Sarawak, Malaysia; and Lapps of Scandinavia.

Nation-states may enact land laws that confiscate indigenous peoples lands for oil and mining corporations. The Nigerian Land Use Act of 1978 against the oil rich land of the Ogoni people is a prominent case.

Claim

Indigenous people see their lands as gifts from their creator which they hold in trust for future generations. Expropriation of land is a violation of this belief. Native spirituality is intimately linked to the landforms and the natural world. The land is a source of food, medicine and clothing. It is a part of the human soul: the earth and its inhabitants are infused with the same spirit. Private ownership is an assault on the relationship between the indigenous people and the land.

Broader

Expropriation

Occupied territories

Dispossession of indigenous groups

Environmental impacts of oil extraction

Discrimination against indigenous populations

Narrower

Forest cleansing

Violation of sacred sites

Threatened habitats of indigenous peoples

Forced relocation of peasants onto marginal lands

Reduces