1. Introduction

1.3. Historical Background: Jamaica and the Maroons

Jamaica provides a useful case study for an examination of contemporary legal and cultural pluralism in the historical context of colonialism. During Jamaica’s colonial period, Europeans aggressively brought land under their control and subjugated Indigenous peoples, as occurred throughout the Caribbean. By the 19th century, European colonization of Jamaica resulted in the near extinction of Indigenous groups including the Tainos Indians. Central to European colonization in the Caribbean was the plantation system, which relied on slave labor, imposed by force on Africans and during this period, Jamaica became the vanguard of agricultural capitalism in the British West Indies (Besson 2016). However, enslaved Africans in the Caribbean resisted European domination and engaged in slave rebellions. This was particularly the case in Jamaica (Besson, 2016). Marronage, which involved escaping slavery and establishing autonomous Maroon communities, became commonplace on the island. Escaped slaves joined groups of Indigenous Tainos which had also escaped to the mountains during colonization and formed unique communities. Genealogical examinations have confirmed that the matriarchal DNA of Maroons reflect both African and Indigenous Tainos Indian lineages (Madrilejo, Lombard, and Torres, 2015) and accordingly, Maroons self-identify as Indigenous. Maroon communities were established in less accessible areas such as mountains, forests and ravines and one such key region was Jamaica’s Blue and John Crow Mountains (BJCM).

Maroon societies in the BJCM established their own system of rights to land and rules for natural resource management and they continue to reflect broad Indigenous knowledge regarding the use of medicinal herbs, agricultural methods and fishing techniques (Becker, 2015). The establishment of the customary rights and regulations in Maroon societies would eventually be formally recognized by European colonizers, and later the Jamaican state. The land claims and use rules of the Maroons were transformed from customary rights to legal freehold by treaties signed with the British. Most importantly was Cudjoe’s Treaty of 1739 which granted the Maroons their freedom and legal rights, and thus provided the basis for autonomous Maroon law. This created a situation of legal pluralism defined by two parallel legal systems: that of the European colonizers and that of the Maroons which has been maintained from 1739 to the present.

Figure 1. Letter dated July 5, 1962 from Tom Driberg (British Minister of Parliament) to Reginald Maudling (Secretary of State for the Colonies) seeking clarification on the rights of the Maroons prior to Jamaica’s Independence on August 6, 1962. (© Jones Collection).

Figure 1. Letter dated July 5, 1962 from Tom Driberg (British Minister of Parliament) to Reginald Maudling (Secretary of State for the Colonies) seeking clarification on the rights of the Maroons prior to Jamaica’s Independence on August 6, 1962. (© Jones Collection).

In post-independence Jamaica, the legitimacy of Maroon law has been tacitly acknowledged by the Jamaican state. This is the case despite the fact that the Jamaican constitution does not explicitly recognize Maroon autonomy. The informal endorsement of Maroon law lends credence to the fact that customary and Indigenous law does not rely on constitutional recognition for its validity (Forrest and Corrin 2013). The implicit relationship between the Maroons and the state has created a delicate situation for governance in practice. While the Maroons in Jamaica constitute a case of parallel legal pluralism, that pluralism is not entirely formalized. This obscures the complexities of the relationship between state law and Indigenous law, particularly regarding environmental governance. Following the Maroon Treaty of 1739, the Maroons were granted 1500 acres of common land. The Maroons view this treaty as a sacred charter for the use of their land. However, this land falls within the BJCM National Park, a stated-designated protected area in Jamaica. Consequently, despite previous treaties and declarations of autonomy, there is also jurisdictional overlap in spatial terms. The jurisdictional overlap thus creates conditions for potential conflicts in terms of authority with regard to governance, including rule enforcement. As a result, disputes persist as to whether the state has jurisdiction of Maroon land under the tenets of the environmental regulatory law which guides the BJCM National Park, and thus whether Maroon resource management practices should correspond with state regulations for environmental governance.

2. Study Area

2.1. Overview

The Leeward Maroons of the BJCM are one of two major Maroon communities in Jamaica, the other being the Accompong Maroons in Jamaica’s Cockpit Country. The terrain of Maroon territory in the BJCM exhibits a highly uneven topography in a zone of mountainous forests and natural pastures with no clearly defined boundaries between Maroon and state land. The Maroons have lived in this region since before the signing of the 1739 Peace Treaties. They reside on the riverbanks, from which they hunt, fish, cultivate crops, extract timber, and gather non-timber forest products as the main sources of their traditional subsistence livelihoods. Despite maintaining their cultural values, the Maroons have recently begun to be integrated into market networks. Consequently, they have incorporated some non-traditional market-oriented activities and as a result, Maroon lifestyles, particularly among youth, are undergoing rapid changes.

The Maroon population in the BJCM and its buffer zone are within the BJCM National Park borders and encompasses three Maroon communities. On Maroon lands, law-making and legal practices are considered to be internal matters of the respective communities and are open only to Maroons. Among the autonomous powers of the Maroons are the authority to design their constitutions, choose their councils, and determine laws for internal governance. The right to exercise judicial power is recognized in Article 12 of the 1739 Treaty. A Maroon Council is led by an elected Colonel who oversees community affairs and settles internal disputes. The Colonel holds the only post which is elected, although ironically the voting process is conducted by using the Jamaican state’s ballot apparatus. In turn, the Colonel selects Council members who are collectively viewed as the repository of laws which are handed down orally. The Council is comprised of seven ministerial officers, including Ministers of Security and the Environment, each with their own portfolio.

Figure 2. Current map of the Blue & John Crow Mountains showing the UNESCO World Heritage Site preservation Zone in red and the BJCM National Park boundary in Black. (source: birdscaribbean.org) (© Jones Collection).

Figure 2. Current map of the Blue & John Crow Mountains showing the UNESCO World Heritage Site preservation Zone in red and the BJCM National Park boundary in Black. (source: birdscaribbean.org) (© Jones Collection).

2.2. Cultural and Legal Context

The Maroon communities exhibit a profound reverence for the spiritual domain, which significantly influences their communal governance through the prism of spiritual beliefs, as crystallized in their customary legal frameworks. For the Maroons, the concept of land transcends mere physical territory to embody a sacrosanct and religious dimension, imbued with symbolic import. This reverence for ancestral spirits not only shapes their spiritual worldview but also plays a pivotal role in the formulation of customary laws. The genesis of these laws is deeply rooted in Myal ceremonies, during which the Colonel engages in spiritual deliberations to make critical decisions regarding environmental management practices, including arboreal conservation, land clearing for agricultural purposes, and the preservation of specific flora.

These Myal ceremonies are characterized by the congregation of community members, who utilize ceremonial paraphernalia and musical instruments to facilitate communion with their ancestors. Through the employment of drums, the sacred abeng horns, and white rum, the Maroons engage in Myal practices to seek ancestral guidance, which subsequently informs their legislative processes. Although this method of rulemaking may diverge from conventional legal procedures, it encompasses the core functions of law, including regulation, enforcement, and deterrence.

The subsistence strategies of the Maroon communities are predominantly anchored in agriculture and the sustainable extraction of forest resources. Maroons articulate a communal philosophy that the commons serve both the present and future generations, notwithstanding the reality that many Maroons reside beyond these communal lands, including diasporic communities. Those who cultivate the common lands are afforded rights that persist until death, with these rights being inheritable by their progeny. The forest yields a plethora of resources, including game, fish, medicinal fruits and seeds, as well as commercial goods like yucca, bananas, and timber. Engagement with market economies has facilitated Maroon interactions with the broader Jamaican populace. This engagement is driven by a dual motive: the aspiration to augment income through tourism and timber sales, and the pursuit of formal legal acknowledgment and property rights for their lands and natural resources.

The foundational pillar of Maroon Indigenous jurisprudence is rooted in traditional customs, with oral histories serving as the conduit for the transmission of legal principles within Maroon society (Besson, 2016). These oral traditions not only delineate land rights and the framework for political governance but also embody the ethos of the community’s legal and normative order. Significantly, the process of law-making within Maroon communities is characterized by its inclusivity and democratic ethos, with community assemblies playing a pivotal role in the formulation and ratification of legal resolutions. This participatory approach underscores the democratic underpinnings of the Maroon legal system, where community consensus is integral to the legislative process.

Adjudication within Maroon society is conducted in communal spaces, facilitating a transparent judicial process that reinforces established norms and values. This process is notably inclusive, engaging all segments of the community—men, women, and children alike—in the judicial discourse. A distinctive feature of Maroon jurisprudence, in contrast to the formal legal system of the Jamaican state, is its adaptive and case-by-case approach to conflict resolution, eschewing a prescriptive cataloging of offenses in favor of a flexible, context-sensitive adjudication framework. This adaptability is indicative of the dynamic nature of Maroon society, challenging prevailing stereotypes of Indigenous communities as resistant to change.

Figure 3. A Maroon community meeting (© Jones Collection).

Figure 3. A Maroon community meeting (© Jones Collection).

3. Methodology

Figure 4. One of several signs reflecting Maroon land ownership in the BJCM (© Jones Collection).

Figure 4. One of several signs reflecting Maroon land ownership in the BJCM (© Jones Collection).

4. Results

4.1. Regulations vs Rituals In the BJCM

In 2015, the UNESCO World Heritage Site status was conferred on the BJCM, in recognition of its profound cultural heritage and ecological significance. This prestigious designation implies that the BJCM now falls under the purview of UNESCO’s operational guidelines for the governance of protected areas, delineating the requisite institutional and regulatory frameworks essential for the preservation of this status. The global recognition afforded by this UNESCO designation has catalyzed economic benefits, notably augmenting income through enhanced tourism and the sale of coffee within the BJCM domain. Consequently, the state is impelled to safeguard this designation by implementing more stringent enforcement measures within the mountainous region. Nonetheless, despite cognizance of the intensified enforcement initiatives ensuing from its UNESCO status, the Maroon community has articulated a prioritization of their land’s use for cultural and religious practices. The Maroons, asserting their custodial role over their territory in the BJCM, underscore their instrumental contribution to securing the UNESCO World Heritage Site designation. They posit that prior attempts by Jamaica to attain such designation were futile until an auspicious visit by a UNESCO official to the Maroon enclave, during which the ancestors purportedly sanctioned the designation, thereby underscoring the symbiotic relationship between cultural stewardship and ecological preservation.As one Secretary of the Maroons expressed:

Without us they could never have won the nomination. When the lady [UNESCO representative] came here, the ancestors spoke to her and so because of us they got it. So, they [the state] know they can’t tell us what to do. We are the reason they got it, so their rules don’t apply to us.

Figure 5. Maroons during a religious Myal ceremony in the Blue Mountains, Jamaica. (© Jones Collection).

Figure 5. Maroons during a religious Myal ceremony in the Blue Mountains, Jamaica. (© Jones Collection).

This further reflects that the current legal dynamics between the Maroons and the State are rooted in a historical continuum of resistance against subjugation.

As previously elucidated, the Maroon legal framework prescribes the utilization of flora strictly in accordance with traditional dictates, necessitating explicit authorization from the Colonel and the Council. The removal of plant life without such authorization incurs penalties, ranging from compulsory exposure to the elements for a specified duration to the obligation of replanting multiple specimens as restitution for the one extracted. This regulatory schema reflects a deep-seated reverence for ancestral spirits within the Maroon community, with a prevailing belief that unauthorized exploitation or removal of botanical resources will invoke both physical and spiritual repercussions. During our empirical investigation, an incident was observed where a Maroon individual, in an attempt to demonstrate the medicinal virtues of a specific plant, contravened these regulations by uprooting it without prior permission, and subsequently faced censure from the Secretary of the Maroon Council for this infraction. Such is the sacrosanctity attributed to the vegetative bounty of Maroon territories that, in an interaction with the Minister of Agriculture of the Moore Town Maroons, it was conveyed that only a subset of the medicinal applications of these plants could be disclosed to the primary investigator, who was perceived as an outsider to the community.

The narrative accounts from other participants regarding the intersection of their religious practices with their environmental engagements highlighted a profound interdependence. The upkeep of rivers, flora, and monuments in alignment with ancestral edicts is deemed crucial; any deviation risks the forfeiture of ancestral protection against governmental intervention, natural calamities, disease, and famine. Furthermore, adherence to these spiritual and legal mandates is imperative for sustaining the Maroons’ capacity to offer healing services to non-community members, a practice that commands a substantial remuneration. Thus, the social and judicial integrity of the Maroon community is preserved through strict adherence to the edicts governing the stewardship of their natural and cultural heritage.

However the veneration Maroons hold for plant species within their territories, while culturally significant, inadvertently exacerbates ecological vulnerabilities within the BJCM through the cultivation of flora for ancestral veneration and medicinal applications, which are invasive and thus detrimental to the region’s delicate ecological balance. Furthermore, the practice of igniting fires during sacred ceremonies, albeit conducted within designated zones, presents additional ecological challenges, as these areas fall under state-protected land.

A senior representative of the Jamaica Conservation and Development Trust (JCDT), elucidated that the current ecological jeopardy within the BJCM predominantly stems from the proliferation of alien and invasive species. These species not only contest with indigenous flora and fauna for habitat, thereby unsettling the ecological equilibrium, but also elevate the propensity for fires, further imperiling the area. The efforts to naturally regenerate deforested locales are similarly hindered by these invasive species and the occurrence of fires. The JCDT highlighted the paradoxical impact of Maroon cultural practices, noting that the deliberate introduction of non-native plant species for culinary and medicinal purposes, coupled with both ceremonial and recreational fire-setting activities, significantly contributes to the dispersal of these invasive species.Top of Form

Figure 6. a & 6b. Maroon fires during a religious Myal ceremony in the Blue Mountains, Jamaica. (© Jones Collection).

Figure 6. a & 6b. Maroon fires during a religious Myal ceremony in the Blue Mountains, Jamaica. (© Jones Collection).

Despite the environmental concerns raised by such practices, the nuanced recognition of Maroon sovereignty by the state introduces a complex legal and jurisdictional landscape, thereby limiting the capacity for regulatory enforcement. Even with a predisposition towards engaging the Maroon community to mitigate the frequency and impact of forest fires, such an approach necessitates navigation across the intricate socio-legal terrain that delineates Maroon territories, thus presenting a formidable challenge in conservation efforts.

As a further challenge, under the framework of State Law, specifically delineated within Section 13(1d) of the National Park Regulations (1993), it is an infraction to capture, annihilate, or intentionally harm, or disturb any protected fauna, or to interfere with the nests or eggs of protected avian species without acquiring explicit authorization in writing from the Park Manager. While the state environmental regulatory bodies interpret pig-hunting—a practice traditionally undertaken by the Maroon communities—as contributing to species management, the hunting of coneys, which are traditionally utilized by Maroons in religious observances both as sustenance and offerings to ancestral spirits, presents a legal and ecological paradox, given the protected status of this species. The JCDT articulated concerns regarding the hunting of the coney, highlighting its distinction as Jamaica’s sole endemic non-volant mammal and its consequent protected status. The intensity of the hunting practices, inclusive of the destruction of coney habitats as a collateral effect of such activities, has been noted with alarm. Inquiries into the environmental repercussions of such practices were met with a notable absence of concern from the Maroon agricultural leadership, suggesting a reluctance to engage in discourse on this critical issue.

4.3. Many Rivers to Cross: Generational Conflict and Environmental Governance

Beyond the complexities inherent in the harmonization of state and customary legal frameworks, the environmental degradation affecting aquatic ecosystems and species unveils underlying intra-community tensions. Specifically, the adoption of non-traditional fishing techniques has precipitated conflict within the community, emanating from a generational divergence in values concerning environmental stewardship and adherence to customary regulations. This discrepancy is particularly pronounced between older and younger segments of the Maroon population. Whereas the latter group may exhibit a diminished regard for the principles of sustainable resource management, leading to infractions of local environmental norms, the former group—embodied by Maroon leadership—finds itself compelled to initiate enforcement measures to mitigate environmental transgressions, regardless of whether these are defined by state or indigenous law frameworks. The reliance on an unwritten code of conduct, predicated on the collective conscience of the community to ensure adherence to environmental norms, appears to be waning, as evidenced by the escalating incidence of generational conflict as a principal factor contributing to intra-community environmental infringements.

The root causes of these generational conflicts can be traced to the foundational elements of Maroon communal institutions. The Maroon societal structure is deeply rooted in the historical context of the 1739 Treaty, further cemented through its unique political organization, religious practices, matrimonial alliances, kinship networks, and the Maroon agrarian economy, as documented by Besson (2016). Despite the legal autonomy historically accorded to the Maroons, demographic shifts have been observed, characterized by an increasing propensity for Maroons to migrate away from traditional lands and the selection of spouses from outside the Maroon community. Yet, lineage and descent continue to serve as the primary pillars underpinning the governance structure within Maroon society. The penetration and proliferation of external influences and cultural norms have eroded traditional respect for elders and customary Maroon legislations, particularly those governing environmental conservation, thereby exacerbating the challenges faced in maintaining ecological governance within the community.

The phenomena of cultural evolution and intergenerational discord have significantly eroded the perceived legitimacy of Maroon legal and authoritative frameworks amongst the younger cohorts within these communities. This erosion of legitimacy has rendered traditional enforcement mechanisms, historically effective in deterrence, less impactful on the younger generation. In the Maroon societies, the custodianship of environmental wisdom and governance is traditionally vested in the elders, notably those constituting the Maroon Council. Discourse with elder Maroons reveals that, historically, a reliance on local ecosystems coupled with robust community solidarity sufficed to ensure adherence to the tacit Maroon legal codes and the edicts of the Maroon Council. This paradigm, however, has shifted markedly. An authority within the Maroon community indicated a perception among the elders that the younger members of the community display a diminished reverence for the natural environment. This diminished reverence is attributed to an attenuation in the transmission of Indigenous knowledge to the younger generation, undermining respect for both Maroon cultural practices and legal precepts. Conversely, the younger members of the Maroon communities articulate a nuanced understanding of Maroon customs, legal frameworks, and the authority of Maroon leadership. This divergence in perspectives highlights a fundamental challenge in the intergenerational transmission of knowledge and values, underscoring the complexities inherent in sustaining traditional ecological governance amidst evolving cultural and social landscapes.

One 18-year-old Maroon expressed that:

They [the elders] only teach us what they want to teach us. When we ask them to teach us the language [Kromanti] and how to use the herbs for healing, they say we are not ready yet. But at the same time, they want us to dance for tourists and they want to tell us what to do and what not to do. Where have you ever seen that? If we can’t make money from the healing, we have to make money another way. They are preserving the fish but not the language. It can’t work. We are the younger ones coming up. If they don’t teach us, it is going die with them.

Interviews with younger members of the Maroon community corroborate the perception of a disconnect in values between generations. Notably, none of the young Maroons engaged in our study were involved in formal employment sectors. The absence of vocational engagement, coupled with a discernible reluctance to participate in the burgeoning tourist economy, led to the inference that river poisoning is perceived by these young Maroons not solely as a facile avenue for generating income but also as a symbolic act of dissent against the traditional authority of Maroon Elders. This scenario elucidates a broader spectrum of risks to environmental integrity within Maroon territories, manifesting through breaches of established local ordinances. The interplay of challenges in cultural perpetuation, compounded by a paucity of economic prospects and restricted avenues for youthful engagement in communal developmental initiatives, precipitates intergenerational strains, thereby diminishing social capital within these communities. Such strains catalyze increased migration away from Maroon settlements, further diluting the fabric of cultural unity.

Figure 7. Maroon youth in the Blue Mountains, Jamaica. (© Jones Collection).

Figure 7. Maroon youth in the Blue Mountains, Jamaica. (© Jones Collection).

Scholarship within the domain of environmental governance underscores the criticality of local stakeholder engagement in co-management frameworks to ensure the efficaciousness of conservation efforts (Bruner et al., 2001). In the Maroon community, such engagement necessitates the perpetuation of multigenerational traditional ecological knowledge through the intergenerational transmission of such wisdom. This is recognized as pivotal for the facilitation of community-driven conservation strategies and the collaborative stewardship of natural resources (Olsson, Folke, and Berkes, 2004). Should the noted dynamics between the Maroon elders and youth persist unmitigated, the resultant depletion in social capital threatens to compromise the efficacy of Maroon environmental stewardship and weaken assertions of legal and environmental sovereignty. The gradual erosion of the transmission of cultural and indigenous practices, which serve to delineate Maroon identity from the broader Jamaican populace, portends a future wherein Maroons may increasingly fall under the purview of state-enforced environmental governance. This potential shift underscores the critical need for interventions that bridge generational divides, fostering the continuity of Maroon heritage and reinforcing the community’s autonomous governance structures in the face of evolving environmental and societal challenges.

4.4. Park Rangers and State Deference to Maroon Governance

The preceding analyses elucidate that state authorities are cognizant of the pollution affecting Maroon rivers and other environmental violations within state jurisdiction. Nonetheless, an insufficient understanding of Maroon cultural practices, rituals, and assertions of autonomy has impeded the initiation of enforcement measures against violators. This context foregrounds an additional critical theme: the reverence for the supernatural influence ascribed to ancestral spirits transcends the Maroon community, permeating the perspectives of Park Rangers operating within the BJCM. Such reverence, coupled with linguistic barriers—specifically, the lack of proficiency in the Maroon dialect of Kromanti among Park Rangers—contributes to a reluctance to pursue legal recourse against the Maroons. A Park Ranger articulated this sentiment, highlighting the multifaceted challenges faced by state enforcement personnel in navigating the complex socio-cultural and spiritual landscape that characterizes the Maroon community:

I don’t really mess with them [the Maroons] you know. You know how much people they set obeah [curses] on? I never became a Ranger for that. I have my family to go home to. I hear about things [environmental infractions], yes. The way I see it though we can’t do anything about it. We have plenty other challenges that can be addressed. We need more resources, we’re just now getting a camera to collect evidence. The GPS devices are outdated so we need some new ones. You understand?

Corroborating the aforementioned stance, observations made during fieldwork revealed a conspicuous absence of personnel at the Ranger Station proximal to the Upper Rio Grande Valley, a locus of Maroon activity within the BJCM. This observation is further substantiated by a Park Ranger’s acknowledgment that, to his knowledge, there has been an absence of state-initiated enforcement actions against the Maroons for environmental infractions. This assertion is corroborated by data from the National Environmental Protection Agency, which fails to document any enforcement activities targeting the Maroons in the timeframe from 2014 to 2019. The historical interactions between the Maroons and state authorities have been marked by contention, a legacy that continues to manifest in the present-day dynamics of environmental governance. This enduring lack of collaborative engagement underscores the complex interplay of legal and cultural pluralism characteristic of the BJCM. Within this context, local institutions and cultural norms have evolved distinctly over centuries, shaping a unique governance landscape marked by divergent sources of authority and regulatory perspectives.

Figure 9. In the BJCM with a Senior Park Ranger. (© Jones Collection).

Figure 9. In the BJCM with a Senior Park Ranger. (© Jones Collection).

The observable reticence of Park Rangers to exert authority over Maroon entities underscores a broader reluctance on the part of the Jamaican state to fully leverage its legal apparatus in the governance of Maroon territories. Consequently, the onus of decision-making in response to environmental transgressions is predominantly placed upon the Colonels within the Maroon hierarchy, who deliberate on whether to engage state mechanisms for remedial actions. Nonetheless, the Maroons’ predilection for basing enforcement decisions on supernatural rationales further entrenches a prevailing distrust towards state entities. This inclination not only reflects deep-seated cultural and spiritual values but also underscores a political strategy aimed at preserving the opacity of Maroon authority. Such practices serve to safeguard the autonomy of Maroon governance structures, yet they also perpetuate a cycle of mutual suspicion and limited cooperation between Maroon communities and state regulatory bodies, complicating efforts towards unified environmental stewardship.

5. Discussion & Conclusion

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