Baldios, communal land, and the Portuguese colonial legacy in Timor-Leste

Abstract

This chapter explores, from a socio-legal perspective, the Portuguese colonial land legacy in legal language and political thought in Timor-Leste through the concept of baldio. To do so, the chapter establishes a parallel between the uses of the word baldio in both Portugal and Timor-Leste and discusses the ideological views that surround the various uses of this multi-dimensional concept, with definitions ranging from communal to abandoned land. In other words, I consider whether the ideology of a colonial administration is passed on through legal language, whether legal language is passed on through ideology, or something else or in between. To this end, the chapter reflects on two interconnected questions: First, to what extent does (legal) language work as “imperial debris” and promote the perpetuation of colonial legacies regarding land-related policies? Second, to what extent can a look at the national land-related laws and policies of colonial powers provide a complementary view of colonial practices related to the exploitation of resources, and therefore a better understanding of those colonial legacies?