Gender and the Commons in India

The following is an interview with Soma Kishore Parthasarathy from the website of the Association for Women’s Rights in Development (AWID) on June 6. The interviewer was Ana Abelenda, and the piece is called “Reclaiming the Commons for Gender and Economic Justice:  Struggles and Movements in India.”  It is republished here with permission.

AWID spoke to Indian independent researcher and scholar Soma Kishore Parthasarathy[1], who has been studying and negotiating the concept of the ‘commons’ from a gender perspective and how women in rural India are contesting this reality by proposing a shared management of common resources.

AWID: How would you define the “commons"?

Soma Kishore Parthasarathy (SKP): There are varied conceptualizations about the commons. Conventionally, it is understood simply, as natural resources that lie outside the private domain and are intended for use by those who depend on its use. But, it is not just natural resources, it is also knowledge resources, heritage, culture, virtual spaces, and even climate plays a role. The concept of the commons pre-dates the individual property regime and provided the basis for organization of society. Definitions given by government entities today limit its scope to land and material resources. Attempts to release commons from the shared domain into the market, pose a serious threat to the commons as we know them, and to the way of life associated with the sharing principle embedded in their access and use.

It is about the cultural practice of sharing livelihood spaces and resources as nature’s gift, for the common good, and for the sustainability of the common.  But today commons are under increasing threat as nations and market forces are colonizing the commons.

AWID: Can you explain what you mean by colonization of the commons? How does it affect women in particular?

SKP:Colonizing the commons implies a predatory usurpation of the commons by parties in positions of authority and power, who impose their own set of rules and terms for the access, use, and regulation of the commons to serve their own needs, with little concern for rules and organizational principles that existed earlier and  with little respect for the needs and rights of those who have been dependent on the commons for centuries, ignoring the rights of traditional small users and gender and equity issues.

With so much scholarship focused on commons as “resource management” and the measurement of externals, it’s refreshing to encounter a book that plumbs the internal dimensions of a commons –that is, commoning.  Canadian writer and scholar Heather Menzies has taken on this challenge in her recently published Reclaiming the Commons for the Commons Good (New Society Publishers), a book that she describes as a “memoir and manifesto.”  It is a three-part exploration of commoning as a personal experience, social negotiation and finally, as a spiritual quest.

The first part of Menzies’ book is the memoir:  an account of her trip to the land of her ancestors, Scotland.  She wanted to try to imagine their lives as commoners and understand the impact of the cataclysmic enclosures known as the Highland Clearances, in the late 1700s and 1800s. 

The Clearances, a landmark in Scottish history, saw thousands of small family farmers forced off their traditional lands to make way for “Improvements” -- that is, conversion to the profitable enterprise of sheep-raising.   Landlords raised rents, colluded with politicians to “legally” take the lands, and when necessary, resorted to violence to get the job done.   

The Clearances were not only a major economic and political disruption, but also a profound cultural, ecological and spiritual dispossession, as Manzies writes:

My forebears and their neighbors didn’t just lose their together-as-one connection to the land.  They lost all that these ties meant to them economically, politically, socially, culturally and even spiritually.  They lost ways of working the land and working things out together.  They lost ways of knowing the land directly, intimately through the soles of their feet, the tone of their muscled arms and hands….They lost ways of knowing the animals too, wild and domestic, and how they moved from woodland to water and claimed certain spots conducive to begetting.  As well, they lost ways of sharing this experience, this knowing as common knowledge, with that knowledge both informing and supporting the authority of local decision-making.

The Guardian today ran a profile of Robert David Steele, a former CIA spy who discovered the commons more than two decades ago and never looked back. Steele, a former U.S. Marine and CIA case officer who spent 18 years in US intelligence, is now, improbably, a vigorous advocate of “open source everything” – the title of his latest book. He brings the zeal of a convert to the mission of promoting the commons and open-source alternatives of every stripe.

As The Guardian’s Nafeez Ahmed writes, Steele discovered the virtues of open source software in the early 1990s and quickly began proselytizing the “Open Source Intelligence” paradigm to US military and intelligence sources and to US allies in dozens of countries. Steele saw (and sees) open source knowledge as the key to discovering the truth, assuring social legitimacy and moving ahead intelligently: 

“Sharing, not secrecy, is the means by which we realise such a lofty destiny as well as create infinite wealth. The wealth of networks, the wealth of knowledge, revolutionary wealth -- all can create a nonzero win-win Earth that works for one hundred percent of humanity. This is the ‘utopia’ that Buckminster Fuller foresaw, now within our reach.”

Suffice it to say, the CIA and its intelligence peers were not persuaded by such views, notwithstanding its embrace in 2005 of its collaborative intelligence version of Wikipedia, Intellipedia.  Open source everything is another matter, apparently, because of the democratic accountability it would require.

I don’t know Steele, but I’ve seen his videos and dipped into his writings, and he seems to bring a deep intelligence and big-picture perspective to analyzing our global and civilizational problems.  His self-stated goal is to hasten “the transition from top-down secret command and control to a world of bottom-up, consensual, collective decision-making as a means to solve the major crises facing our world today.”  That’s a description from his book, The Open-Source Everything Manifesto: Transparency, Truth and Trust.

Steele is a prolific reviewer of books for Amazon, which may explain why he pestered me several times, as a stranger out of the blue, to re-post on Amazon my positive blog post about historian Peter Linebaugh’s book on the commons and enclosures, Stop, Thief!  I did. That’s the kind of energy and zeal that Steele brings to his mission of promoting commons-based solutions in all their variety.

In the words of The Guardian’s Ahmed, Steele provides “an interdisciplinary ‘whole systems’ approach [that] dramatically connects up the increasing corruption, inefficiency and unaccountability of the intelligence system and its political and financial masters with escalating inequalities and environmental crises.” 

Ahmed called Steele’s book “a pragmatic roadmap to a new civilisational paradigm that simultaneously offers a trenchant, unrelenting critique of the prevailing global order. His interdisciplinary 'whole systems' approach dramatically connects up the increasing corruption, inefficiency and unaccountability of the intelligence system and its political and financial masters with escalating inequalities and environmental crises.” 

This is the last in a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commonspublished by Cambridge University Press. The essays originally appeared on CSRWire. I am re-posting them here to introduce the paperback edition, which was recently released.

In our preceding essays in this series, we introduced the idea of Green Governance, a new approach to environmental protection based on a broad synthesis of economics and human rights and, critically, the commons. We also described the burgeoning global commons movement, which is demonstrating a wide range of innovative, effective models of Green Governance.

In our final post, we'd like to focus on how a vision of Green Governance could be embodied into law. If a new paradigm shift to Green Governance is going to become a reality, state law and policy must formally recognize the countless commons that now exist and the new ones that must be created.

Recognizing the Commons as a Legal Entity

Yet here’s the rub: Because the “law of the commons” is a qualitatively different type Green Governanceof law – one that recognizes social and ecological relationships and the value of nature beyond the marketplace – it is difficult to rely upon the conventional forms of state, national and international law. After all, conventional law generally privileges individual over group rights, as well as commercial activities and economic growth above all else.

Establishing formal recognition for commons- and rights-based law is therefore a complicated proposition. We must consider, for example, how self-organized communities of commoners can be validated as authoritative forms of resource managers. How can they maintain themselves, and what sort of juridical relationship can they have with conventional law? One must ask, too, which existing bodies of law can be modified and enlarged to facilitate the workings of actual commons.

 Threee Domains of Commons Law

Clearly there must be a suitable architecture of law and public policy to support and guide the growth of commons and a new Commons Sector. In our book Green Governance, we propose innovations in law and policy in three distinct domains:

  • General internal governance principles and policies that can guide the development and management of commons;
  • Macro-principles and policies that facilitate the formation and maintenance of “peer governance;”
  • Catalytic legal strategies to validate, protect, and support ecological commons.

This is the fifth of a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press. The essays originally appeared on CSRWire. I am re-posting them here to introduce the paperback edition, which was recently released.

Our last essay outlined the great appeal of the commons as a way to deal with so many of our many ecological crises. The commons, readers may recall, is a social system for the long-term stewardship of resources that preserves shared values and community identity.

This is the fourth of a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press. The essays originally appeared on CSRWire. I am re-posting them here to introduce the paperback edition, which was recently released.

The overriding challenge for our time – as outlined in our three previous CSRwire essays – is for human societies to develop new ways of interacting with nature and organizing our economic and social lives. It’s imperative that we rein in the mindless exploitation of fragile natural systems upon which human civilization depends.

The largest, most catastrophic problem, of course, is climate change, but each of the “smaller” ecological challenges we face – loss of biodiversity, soil desertification, collapsing coral reefs and more – stem from the same general problem: a mythopoetic vision that human progress must be achieved through material consumption and the ceaseless expansion of markets.

State/Market Solutions Doomed to Failure

While most people look to the State or Market for solutions, we believe that many of these efforts are doomed to failure or destined to deliver disappointing results. The State/Market duopoly – the deep alliance between large corporations, politicians, government agencies and international treaty organizations – is simply too committed to economic growth and market individualism to entertain any other policy approaches.

The political project of the past forty years has been to tinker around the edges of this dominant paradigm with feckless regulatory programs that do not really address the core problems, and indeed, typically legalize boats-dockedexisting practices.

Solution:  Stewardship of Shared Resources

So what might be done?

We believe that one of the most compelling, long-term strategies for dealing with the structural causes of our many ecological crises is to create and recognize legally, alternative systems of provisioning and governance. Fortunately, such an alternative general paradigm already exists.

It’s called the commons.

This is the third of a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press.  The essays originally appeared on CSRWire.  I am re-posting them here to introduce the paperback edition, which was recently released.

 

In the previous two essays in this series, we outlined our approach to Green Governance as a new model or paradigm for how we can relate to the natural environment. We also stressed how “Vernacular Law” – a kind of socially based “micro-law” that evolves through commons activity (“commoning”) – can establish legitimacy and trust in official state law, and thereby unleash new sorts of grassroots innovation in environmental stewardship.

In this essay, we explore another major dimension of the large shift we are proposing: how human rights can help propel a shift to Green Governance and thereafter help administer such governance once achieved.

Nothing is more basic to life than having sustainable access to food, clean air and water, and other resources that ecosystems provide. Surely a clean and healthy environment upon which life itself depends should be recognized as a fundamental human right.

This is the second of a series of six essays by Professor Burns Weston and me, derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press in January 2013.  The essays originally appeared on CSRWire.

 

Is it possible to solve our many environmental problems through ingenious interventions by government and markets alone? Not likely. Apart from calls for eco-minded behavior (recycle your cans, insulate your house), ordinary citizens have been more or less exiled from environmental policymaking.

The big oil, coal and nuclear power companies have easy access to the President and Congress and expert lawyers and scientists have privileged seats at the table. But opponents of, say, the Keystone Pipeline are mostly ignored unless they get arrested for protesting outside of the White House.

A New Kind of Law to Underpin the Commons

That’s why we believe it’s important to talk about a “new” category of law that has little recognition among legislators and regulators, judges and lobbyists. We call it “Vernacular Law.” “Vernacular” is a term that the dissident sociologist Ivan Illich used to describe the informal, everyday spaces in people’s lives where they negotiate their own rules and devise their own norms and practices.

In our last essay, we introduced the idea of commons- and rights-based governance for natural ecosystems. We turn now to Vernacular Law because green-pin-cushionits matrix of socially negotiated values, principles and rules are what make a commons work.

Vernacular Law originates in the informal, unofficial zones of society – the cafes and barber shops, Main Street and schools, our parks and social networking websites. What emerges in these zones is a shared wisdom and a source of moral legitimacy and authority. Colonial powers frequently used their formal law to forcibly repress the use of local languages so that their controlling mother tongue could prevail.

Professor Burns Weston and I recently published a series of six essays on CSRWire (CSR = “Corporate Social Responsibility”) that were derived from our book Green Governance:  Ecological Survival, Human Rights and the Law of the Commons, published by Cambridge University Press in January 2013.  

The book – an outgrowth of the Commons Law Project -- is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. Green Governance opens the door to a new set of solutions by proposing new types of environmental protection based on broader notions of economics and human rights and on commons-based governance. At the heart of the book is a new architecture of environmental law and public policy that is theoretically innovative, but also quite practical.

The paperback edition was recently released, making it available to a much larger readership.  To introduce the book to people who may have missed it the first time around, I am posting the original six CSRWire essays by Burns and me over the course of the next week.  I hope you enjoy them!  -- David

 

At least since Rachel Carson’s Silent Spring, we have known about humankind’s squandering of nonrenewable resources, its careless disregard of precious life species, and its overall contamination and degradation of delicate ecosystems. Simply put, the State and Market, in pursuit of commercial development and profit, have failed to internalize the environmental and social costs of their pursuits. They have neglected to take measures to preserve or reproduce the preconditions of capitalist production – a crisis now symbolized by the deterioration of the planet’s atmosphere.

Despite the scope of the challenges facing us, there are credible pathways forward. In our recent book, Green Governance: Ecological Survival, Human Rights and the Law of the Commons, we propose a new template of effective and just environmental protection based on the new/old paradigm of the commons and an enlarged understanding of human rights. We call it “green governance.” It is based on a reconceptualization of the human right to a clean and healthy environment and the modern rediscovery of the age-old paradigm of the commons.

Jun
10

Think LIke a Commoner

Geneva, Switzerland, conference at La Maison D'Environnement, 12:15 pm. More information here.

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