Carving up the Girdle of Emerald: colonialism’s violent cleavages

'The Submission of Prince Dipo Negoro to General De Kock' by Nicolaas Pieneman is a good example of Dutch portrayals of the Indies.
The 1830 painting ‘The Submission of Prince Dipo Negoro to General De Kock’ by Nicolaas Pieneman is a good example of Dutch portrayals of the Indies.

The evil of colonialism is not expressed in a sum of its benefits and downsides. These debates over British railways in India and economic development miss the point of colonialism entirely. Colonialism is violence. It is not just that it entails violence as an inevitable product of its system, colonialism itself is an act of epistemic violence. Colonies require colonial subjects, which needs a cleavage to separate the humans from the lesser creatures.

In my Dutch primary school our teacher would illustrate history class with the school’s antique school prints. They piqued my interest in East Asia, but in hindsight they were rather orientalist. Invariably, you would see a pittoresque landscape, a mise-en-scène of stern Dutch overlooking interchangeable inlanders going about their daily business, or unwavering Dutch ships of the Dutch East Indies Company (VOC). For a little bookish boy longing for a more exciting world these heroic tales of ‘discovery’ were enthralling.

Our classes put less emphasis on the unfortunate collateral damage of these exciting adventures. The prints perpetuated the unaddressed colonial gaze, as the teacher left out the fundamentals of the story: the dependency of colonialism on violence. First, metal violence, in the mind of the colonist. After that, physical. Then, after armed resistance has been eliminated and the people’s bodies are subjugated, the work of mental domination begins. The tools: dichotomies. A community is taken and carved up into slices. Those slices are carved up again: superior versus inferior, salvageable versus beyond civilisation, useful versus useless, rational versus irrational, etc.

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Is China trying use the COC to beef up its Article 281 defence?

Besides ‘we do not accept,’ another legal argument China used to argue that the Philippines case before An Arbitral Tribunal under Annex VII of UNCLOS was inadmissible was that the 2002 Declaration on the Conduct of Parties (DOC) in the South China Sea prevented arbitration as per UNCLOS Article 281. This article states that if states have agreed on a way to settle the dispute, no case can be brought in that area. However, the tribunal quashed the reasoning that the DOC prevents it from judging in this case in its award on admissibility of 29 October 2015.

Following the frenzy after the tribunal released its final decision on 12 July 2016, there have been various attempts to lower the tensions. Both sides appear committed to keep the peace, even if reaching an agreement proves difficult. At the same time, however, states are positioning themselves for future possible legal challenges. Some claimant states may see the Philippines’ success as encouragement to start their own cases. China must be preparing for such eventuality already by beefing up its legal defences. One area I think we should keep an eye on is Article 281.

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