Commodifying the land on which we try to survive The capitalist- colonial- enslavement project tied the need to acquire copious amounts of unfree labour to a need for recognisable and legal means for the acquisition of land as property. Interestingly, in many cases, in the accumulation of colonial territories, signed treaties were used to evidence transfer of title to land, from the colonised to the coloniser. This even though the initial indigenous ‘title’ was often an indigenous trust over land. Yet what was ‘received’ therefrom was outright ownership. In other words, what was granted was not what was ultimately taken, as the meanings of what is meant by land between the coloniser and the colonised did not coincide. For many indigenous and later colonised peoples, land was not alienable property to be exploited as a capital source or for the natural resources under the land. In the words of Kimmerer, land was everything: identity, the connection to our ancestors, the home of our nonhuman kinfolk, our pharmacy, our library, the source of all that sustained us. Our lands were where our responsibility to the world was enacted, sacred ground. It belonged to itself; it was a gift, not a commodity, so it could never be bought or sold. (2013: 17) Conversely, to the colonisers, secured ownership of land was essential to enacting the conditions that were necessary for finacialisation and assuming the conditions of profligate life – boundless accumulation and exploitation of the earth’s resources, including human labour. This required colonial powers to be able to legitimately utilise both inexpensive land and unfree/ unwaged labour. This explains why, while chattel slavery did not exist in colonial possessions in some regions, colonising powers who had appropriated land in those regions still operated (and/ or permitted the operation of) plantation- like establishments relying on the use of unfree labour. So, ‘capitalist- colonial- enslavement project’ aptly describes the continuation in all three manifestations of a singular logic of accumulation and dispossession. The labour used in the colonies was almost always racialised, often coerced and unwaged, and also relied on the removal of indigenous people from their homes to be housed near or on the plantations. Portuguese colonial plantations produced goods – coffee in Timor, sugar and cocoa in Brazil, cocoa in São Tomé and Príncipe, and coffee, cotton, and sugar in Angola (Clarence- Smith 1990: 152– 72; Walker 2007: 75– 106; Shepherd and McWilliam 2013: 326– 61;Varela and Louçã 2020: 199, 223). The Spanish had cocoa plantations in Fernando Po (Sundiata 1996: 11– 14). Belgium’s brutal colonial activities in what was called the Belgian Congo, involved racialised use of enslaved, enforced, and tortured– compelled labour to work on these plantations, resulting in a loss of roughly 50 per cent of the indigenous population (Hochschild 1999: 280; Juif and Frankema 2018: 313– 43). There were British tea plantations across Southeast Asia and East Africa (Palmer 1986: 105– 26; Wickramasinghe and Cameron 2005: 4– 6). Coerced labour was also used in the British and French Empires across Africa and Asia for infrastructural development and defence: these included transport systems to extract resources from the colonies to the metropole (AkurangParry 2000: 3; Tharoor 2017: webpage; Daughton 2021: introduction). These examples illustrate, not just the lie of colonisation as infrastructural benevolence, but also its reality as expansion of pre- existing coercion of unfree labour that had been practised in the Americas under racialised enslavement (Wallman 2014: 51– 2; Siddiqui 2020; 50– 60). Colonisation did not depart from enslavement in its logics, but widened the geographical scope of racialised populations subject to dispossession of land, alienation from home, and being unfree labour. Therefore, being able to alienate land from indigenous populations was vital to the continuing economic success of a praxis of exploitative colonisation, whose logics were adapted and extended from racialised enslavement. Thus, the contemporary global economy continues to be fundamentally shaped by North– South extraction and accumulation practices that began during racialised enslavement and intensified in the formal colonial period (Feintrenie 2014: 1579; Bhambra 2020: 307– 22). The unequal opportunity to make massive profits by exploiting low- cost raw materials and unfree labour creates and maintains this racial and geographical divide (Aoki 1998: 52). The legal alienation of land as property and the legal epistemologies that maintain this are crucial to preserving and reproducing this global order. To unpack the process by which global appropriation of land for the Euro- modern machine becomes normativised, I begin our story at about the start of the 17th century. At this time Europe had not yet taken complete physical control of the land masses of the Americas, Asia, Africa, and Oceania. However, colonial desires to find new land to take control of and exploit had already been fuelling disturbances in mainland Europe, as land capable of alienation became scarce. Thus, for both the intellectual and the political classes in Europe, the question of acquiring land beyond European shores, becomes vital at this time. These desires and the conceptual logics to weaponise them crystallise in the 1600s, through the writings of scholars like Locke and Petty, (and later Hume and Adam Smith), as well as through the political enactment of land appropriation as a means to acquire private property. Prior to this time, under the European feudal system, land rights while mainly vested in nobles, were also granted in diminished form to those identified as serfs and peasants. In other words, access to land was granted unequally within this already unequal system. However, land was not treated as something from which others could be alienated completely – in other words, private property. The reasons for this are obvious. Unlike other types of choses classified as property, land is needed to ensure the existence of life itself as it provides a place to live and to produce food to live (Large 1973: 1040). So, the very experience of being human relies on access to land. This pre- existing praxis around land meant that making land private property required a fundamental rupture in the societal functions of land, law, as well as land’s legal ontology. In this vein, Cedric Robinson describes the emergence of racial capitalism as reliant on a conversion of European societal structure from retail mercantilism to more voluminous trade (2000: 18– 20). This conversion could not have been achieved without enabling private ownership to land. The means for obtaining this access relied on logics for differentiating human/ bodies and adducing values and fixed destinies to that differentiation, that already existed in European society (Kelley 2017: webpage). In other words, the hierarchical categorisation of human beings and bodies by class– race was already an integral part of European ways of being. This is discussed in the previous chapter. Nevertheless, it should be noted that at the time, these differentiations were not coterminous to what we now call race, as skin colour was not a key basis of differentiation, but differences were marked spatially and culturally, in religion, social class, and economics. Thus, the initial victims of racialised dispossession were Europeans – the Irish, the Roma, the working classes, and other thus differentiated populations (Kelley 2017: webpage). For example, when bankrupt feudal landlords in Scotland and Ireland increased their rents and maximised land use, they instituted enclosures of land and the removal of othered people who were already on the land. These removals – ‘clearances’ – were supported by scholarly reconceptualisation of not just who could be removed from land (origins of racialisation), but of the nature of land itself. William Petty (1623– 1687), influenced by Aristotle, Cartesian duality, Hobbes, and Bacon as well as his own personal experiences of deprivation in Ireland, articulated a theory of value that equated land with labour (Naldi 1989: 3– 36; Fox 2009: 388– 404; Bhandar 2018: 36– 51). Consequently, he suggested that ‘all things ought to be valued by two natural Denominations, which is Land and Labour … we ought to say, a Ship or garment is worth such a measure of Land’ (Petty 1899: paragraph 18). As labour is derived from the body, this analysis, though economically profitable, reduces (in perpetuity it seems) the value of the human body to its labour and removes from the value of land its vital function as sustenance of invaluable testamentary life. John Locke’s (1632– 1704) labour theory of property takes Petty’s arguments a step further by also relying on a schism between body and reason, as well as a more precise mathematical valuation of labour. He posits: Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. … As much land as a man tills, plants, improves, cultivates, and can use the product of, so much is his property. (Locke 1999: 117– 18) A close reading of Locke’s labour theory of property reveals that it relies on several questionable foundations. First, the problematic conceptualisation of labour as property which is separate from the body fails to account for the fact that labour cannot be taken away from the body (Keenan 2010: 424; Bhandar 2014: 211). Thus, this schism relies on an idea of self- ownership that only makes sense if the human is defined only as ownable, either by the human in question or by another. By reducing the human solely to the labour produced by the body, this schism extends the understanding of prior practices of enslavement in ways that disappear the humanity of the enslaved. Furthermore, as the labour which is proposed to be mixed with the land here is intangible, Locke conflates different types of essences – labour, human, land, other tangible things – within the category of property. Additionally, the theory is used to explain the anterior acquisition of real property that had already been acquired, which had not been acquired in the way the theory posits and was not acquired thus subsequently (Quiggin 2015: webpage). Land in the Americas, of which he was writing, was acquired by violent dispossession and conquest. Once acquired, it is passed on by legal legitimation. Hence, the theory does not explain any form of acquisition of land in practice. So, the justification even though it proceeds as a legal truth, reveals itself as arising from a fictionally founded, antagonistic ‘politics of articulation’ and political expedience that sets the boundaries – epistemological and legal – of propriety (Devenney 2011: 152– 3, 161). In other words, while the theory does not explain the actual acquisition of land, as it purports to do, by creating fictional antecedents for the origin story of land as private property, it operates to entrench a legal and proper narration of land as private property. For example, Justice Sumner in Re: Southern Rhodesia (1919: 233) rejects Matabele and Mashona ownership of land because their land practices differed from this proper origin story. Consequently, this narration and articulation are of vital importance to understanding colonial accumulation/ dispossession of land, as Locke also places a very narrow, Eurocentric and mathematical definition on profitable labour and improvement of land that relies on racialised, gendered, classed (and other non- protected life) presumptions of who is law’s human, as well as whose labour and what type of labour has value (Nichols 2005: 44– 5, 48; Keenan 2010: 424; Quiggin 2015: webpage). Therefore, this narrow identification becomes a self- fulfilling prophecy thereafter of who has value and whose labour has value. Valuation in the eyes of the law and economics contingently relies on being able to amass large quantities of land and acquire large- scale labour to ‘improve’ said land. In essence, Locke’s labour theory of property is underwritten by the presumption that colonially accumulated land thus alienated, must be made profitable by the use of unfree labour (Graham 2010: 47). The theory of property also continues to have significance for how value placed on physical labour is considered less important to capital generation as compared to fiscal labour. Finally, and very importantly, the theory relies on the presumption that land is infinite (Quiggin 2015: webpage). This presumption about the boundlessness of land and the wealth it provides, under logics of property- fication, underpins the intractable capitalist over- exploitation of both land and unwaged labour. Consequently, we see how Petty and Locke (both writing in and around the 17th century), articulate ideas that consider the ‘value of both land and human life as equivalences based on the cultivation of land’ (Bhandar 2018: 36). Bentham additionally conceptualised this value as tied to the ability to sell the subject matter of value – land or labour (Ress 2020: 102). Thus, in terms of land as private property, its value is essentially linked only to claims to land that could be recognised by Euro- modern law. Native and indigenous titles and ways of being on land were completely disregarded. This is because, it was Euro- modern legal claims to land that granted the holder the right to maximise its commodity value, by alienation, ‘improvement’, and sale or security. Thus, racialised enslavement and exploitative colonisation became germane to the Euro- modern economic regime as the most expedient ways to accumulate capital. This process was and is bolstered by the language, organs, and structures of the Euro- modern law. So, by the end of the 17th century, the ‘truth’ of ‘land as private property’ had displaced all other land truths to become an indisputable fact in Euro- modern legal epistemology. This legal epistemology of land as alienable property, whose use must be maximised, therefore, facilitated the colonisation of most of the world by Europe between the 19th to the 20th centuries. Relying on narratives of improvement and civilisation, European colonial powers (often through trading companies) were able to legitimately lay claim to resource- rich territories, the best agricultural land across the world, as well as unfree labour, all for the maximisation of profits (Hickel 2017: chapter 3). Hence, it is not just the physical and administrative acts of colonisation of land and enslavement of human bodies that must be of concern to achieving decolonisation. We should also pay very close attention to how the redefinition of the teleologies of humanity and real property, as well as a conflation of the foregoing, (re)produce the colonial materialities and trap us into a temporal loop of destructive life. Just as emancipation did not end the hierarchical redefinition of human/ bodies as property, the ending of administrative colonisation has not brought about a return of indigenous meanings of land. Colonised alienated land was handed over to successor states through legal technologies that continued and did not disrupt logics of enclosure. Therefore, though reification of land as private and/ or alienable property through what is called ‘decolonisation’ manifested differently in settler and non- settler colonies, the direction taken in each case advances on the same logics of accumulation and dispossession. In most non- settler colonies, despite the dismantling of the direct administration of colonisation, the legal concept of uti possidetis juris (‘as you possess under law’) meant that inherited colonial boundaries often remained unaltered. Colonial possessions were ‘handed back’ intact, to ensure a continuous lineage of possession. Uti possidetis (initiated in Roman law) is a legal principle that evolved from being a tool to preserve the status quo where needed, to a temporary and transitionary legal mechanism to ensure stability during movement from colony to state (Shaw 1997: 492– 500). This mechanism took on more permanent operationalisation in the period of transition to flag independence. This is because preservation of colonial boundaries became a significant part of post- independence politics. This was markedly so on the African continent. Through Article 2 of the Organization for African Unity’s Resolution 16(I) of 21 July 1964, ‘all Member States pledge[d] themselves to respect the borders existing on their achievement of national independence’. A constant narrative in both the making of colonies and their disintegration was that colonial presence and mechanisms (including borders) purported to prevent violence that existed prior to the making of colonies and that would undoubtedly erupt once the colony became states. Consequently, it could be argued that those who were in control of the post- colony had a vested interest and desire in preserving the sanctity of their new state (Kantai 2007: 119). This desire could have crystallised around a need to prove the colonisers wrong or a more calculated interest in keeping consolidated colonial benefits for themselves by stepping into the shoes of the coloniser. Either way, the result was the increasing rigidity of colonial borders. Yet uti possidetis works in tandem with and in reliance on terra nullius; the use of uti possidetis ensures that there is no terra nullius, that there is no legal vacuum in the time between colony and state (Hasani 2003: 85– 6). Uti possidetis does not reject the problematic premise of terra nullius [or territorium nullius], that designates indigenous colonised peoples as ‘nobody’. Uti possidetis, therefore, ‘bestowed an aura of historical legality to the expropriation of the lands of indigenous peoples’ (Reisman 1995: 352).