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Author: Derick Fay
Publisher: Routledge
ISBN: 1134044216
Category : Business & Economics
Languages : en
Pages : 309
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Book Description
The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Addressing the practical and theoretical questions that arise, this book offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.
Author: Derick Fay
Publisher: Routledge
ISBN: 1134044216
Category : Business & Economics
Languages : en
Pages : 309
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Book Description
The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Addressing the practical and theoretical questions that arise, this book offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.
Author: Cherryl Walker
Publisher: Ohio University Press
ISBN: 0821419277
Category : Business & Economics
Languages : en
Pages : 350
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Book Description
In South Africa land is one of the most significant and controversial topics. Land restitution has been a complex, multidimensional process that has failed to meet the expectations with which it was initially launched in 1994. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice.
Author: Jérémie Gilbert
Publisher: BRILL
ISBN: 9047431308
Category : Law
Languages : en
Pages : 352
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Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Author: Cherryl Walker
Publisher: Ohio University Press
ISBN: 082141870X
Category : Land reform
Languages : en
Pages : 305
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Book Description
The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government's program of land restitution since the end of apartheid. Land reform (and land restitution within that) remains a highly charged issue in South Africa, one that deserves more in-depth analysis. Drawing on her experience as Rural Land Claims Commissioner in KwaZulu-Natal from 1995 to 2000, Professor Cherryl Walker provides a multilayered account of land reform in South Africa, one that covers general critical commentary, detailed case material, and personal narrative. She explores the master narrative of loss and restoration, which has been fundamental in shaping the restitution program; offers a critical overview of the achievements of the program as a whole; and discusses what she calls the "non-programmatic limits to land reform," including urbanization, environmental constraints and the impact of HIV/AIDS.
Author: Bernadette Atuahene
Publisher:
ISBN: 0198714637
Category : Law
Languages : en
Pages : 207
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Book Description
Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want What's Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.
Author: Tembeka Ngcukaitobi
Publisher: Penguin Random House South Africa
ISBN: 1776095979
Category : Political Science
Languages : en
Pages : 328
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Book Description
Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.
Author: Donny Meertens
Publisher: University of Wisconsin Press
ISBN: 0299325601
Category : History
Languages : en
Pages : 225
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Book Description
Fifty years of violence perpetrated by guerrillas, paramilitaries, and official armed forces in Colombia displaced more than six million people. In 2011, as part of a larger transitional justice process, the Colombian government approved a law that would restore land rights for those who lost their homes during the conflicts. However, this restitution process lacked appropriate provisions for rural women beyond granting them a formal property title. Drawing on decades of research, Elusive Justice demonstrates how these women continue to face numerous adverse circumstances, including geographical isolation, encroaching capitalist enterprises, and a dearth of social and institutional support. Donny Meertens contends that women's advocacy organizations must have a prominent role in overseeing these transitional policies in order to create a more just society. By bringing together the underresearched topic of property repayment and the pursuit of gender justice in peacebuilding, these findings have broad significance elsewhere in the world.
Author: Deborah James
Publisher: Routledge
ISBN: 1135308500
Category : Law
Languages : en
Pages : 523
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Book Description
Gaining Ground? Rights and Property in South African Land Reform examines how land reform policy and practice in post-apartheid South Africa have been produced and contested. Set in the province of Mpumalanga, the book gives an ethnographic account of local initiatives and conflicts, showing how the poorest sectors of the landless have defied the South African state's attempts to privatize land holdings and create a new class of African farmers. They insist that the 'rights-based' rather than the 'market-driven' version of land reform should prevail and that land restitution was intended to benefit all Africans. However their attempts to gain land access often backfire. Despite state assurances that land reform would benefit all, illegal land selling and 'brokering' are pervasive, representing one of the only feasible routes to land access by the poor. This book shows how human rights lawyers, NGOs and the state, in interaction with local communities, have tried to square these symbolic and economic claims on land. Winner of the inaugural Elliott P. Skinner Book Award of the Association of Africanist Anthropology, 2008
Author: International Organization for Migration
Publisher: Hammersmith Press
ISBN: 929068450X
Category : Reparations for historical injustices
Languages : en
Pages : 308
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Book Description
Author: Paul Brodeur
Publisher: Boston : Northeastern University Press
ISBN:
Category : Social Science
Languages : en
Pages : 168
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Book Description
