The Rights And Wrongs Of Land Restitution

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The Rights and Wrongs of Land Restitution

Author : Derick Fay
Publisher : Routledge
ISBN 13 : 1134044216
Total Pages : 309 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis The Rights and Wrongs of Land Restitution by : Derick Fay

Download or read book The Rights and Wrongs of Land Restitution written by Derick Fay and published by Routledge. This book was released on 2008-08-18 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.

The Rights and Wrongs of Land Restitution

Author : Derick Fay
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (259 download)

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Book Synopsis The Rights and Wrongs of Land Restitution by : Derick Fay

Download or read book The Rights and Wrongs of Land Restitution written by Derick Fay and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Land Reform in Developing Countries

Author : Michael Lipton
Publisher : Routledge
ISBN 13 : 1134863144
Total Pages : 473 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Land Reform in Developing Countries by : Michael Lipton

Download or read book Land Reform in Developing Countries written by Michael Lipton and published by Routledge. This book was released on 2009-06-24 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land reforms are laws that are intended, and likely, to cut poverty by raising the poor’s share of land rights. That raises questions about property rights as old as moral philosophy, and issues of efficiency and fairness that dominate policy from Bolivia to Nepal. Classic reforms directly transfer land from rich to poor. However, much else has been marketed as land reform: the restriction of tenancy, but also its de-restriction; collectivisation, but also de-collectivisation; land consolidation, but also land division. In 1955-2000, genuine land reform affected over a billion people, and almost as many hectares. Is land reform still alive, for example in Bolivia, South Africa and Nepal? Or is it dead and, if so, is this because it has succeeded, or because it has failed? There has been massive research on land reform and this book builds on some surprising findings. Small farms’ share in land is rising in most of Asia and Africa. This is not driven (as widely claimed) by growth in rural population or farm productivity, but by the relative efficiency of small farms, and in some cases by land reform. Whether land reform helps the poor depends not only on land transfers, but at least as much on its effects through employment, non-farm activity, GDP growth and distribution, as well as the village status and power of the poor. Avoidance, evasion and even distortion of land reform laws sometimes advance their main aims. Liberalisation and its accompaniments (such as supermarkets) can be powerful friends or fatal foes of small farms and land reform. This book will be of great interest to students, researchers and consultants working on agriculture, farm organisation, rural development and poverty reduction, with special emphasis on developing countries.

Land, Memory, Reconstruction, and Justice

Author : Cherryl Walker
Publisher : Ohio University Press
ISBN 13 : 0821419277
Total Pages : 350 pages
Book Rating : 4.8/5 (214 download)

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Book Synopsis Land, Memory, Reconstruction, and Justice by : Cherryl Walker

Download or read book Land, Memory, Reconstruction, and Justice written by Cherryl Walker and published by Ohio University Press. This book was released on 2010-08-17 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

We Want What's Ours

Author : Bernadette Atuahene
Publisher : Oxford University Press, USA
ISBN 13 : 0198714637
Total Pages : 207 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis We Want What's Ours by : Bernadette Atuahene

Download or read book We Want What's Ours written by Bernadette Atuahene and published by Oxford University Press, USA. This book was released on 2014 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: On countless occasions in history one group with political power has taken property from a less powerful group as part of a larger strategy to dehumanize or infantilize them. The colonial expropriation of property from native peoples, the Nazi confiscation of property from Jews, the Hutu taking of property from Tutsis during and after the Rwandan genocide, and Saddam Hussein's seizing of property from the Kurds in Iraq all typify this enduring phenomenon. In such instances, the dispossessed were subjected to deprivations of property and dignity. Subsequent governments then had to navigate the perilous landscape surrounding the return of land and other property to displaced or decimated populations. They could ignore the fact that people were deprived of their property, or they could rectify it. We Want What's Ours is a detailed study of South Africa's attempts to rectify the deprivation of land suffered by thousands of people under the colonial and apartheid regimes. It teaches a critical lesson about these transitions: remedying past wrongs entails more than distributing money or even returning property, because the dispossessed did not just lose their possessions, they also had their dignity taken from them. A comprehensive remedy for these 'dignity takings' involves confronting the underlying dehumanization, infantilization, and political exclusion that enabled the dispossession. That is, it requires 'dignity restoration' - a remedy based on principles of restorative justice that seeks to rehabilitate the dispossessed and reintegrate them into the fabric of society. South Africa's colonial and apartheid-era land dispossessions are a quintessential example of 'dignity takings', and the post-apartheid government is unique because it has sought to move beyond the more common step of only providing reparations (compensation for tangible losses) and instead has tried to facilitate the restoration of the dignity of the dispossessed. Bernadette Atuahene's detailed research, and extensive interviews with over one hundred and fifty South Africans who participated in the nation's land restitution program, demonstrates what was required for this 'dignity restoration', and how successful it has ultimately been. Rooted solidly in both academic analysis and human experiences, this book serves as an invaluable resource to international organizations, government bureaucrats, policy makers, NGOs, students, and scholars interested in redress for historical injustice, defending property rights, and conflict prevention.

Rights to Land

Author : William Beinart
Publisher : Jacana Media
ISBN 13 : 9781928232483
Total Pages : 0 pages
Book Rating : 4.2/5 (324 download)

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Book Synopsis Rights to Land by : William Beinart

Download or read book Rights to Land written by William Beinart and published by Jacana Media. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of land rights is an ongoing and complex topic of debate for South Africans. Rights to Land comes at a time when land redistribution by government is underway. This book seeks to understand the issues around land rights and distribution of land in South Africa and proposes that new policies and processes should be developed and adopted. It further provides an analysis of what went so wrong, and warns that a new phase of restitution may ignite conflicting ethnic claims and facilitate elite capture of land and rural resources. While there are no quick fixes, the first phase of restitution should be completed and the policy then curtailed. The book argues that land ownership and administration is important to rural democracy and that this should not be placed under the control of traditionalist intermediaries. Land restitution, initiated in 1994, was an important response to the injustices of the apartheid era. But it was intended as a limited and short-term process - initially to be completed in five years. It may continue for decades, creating uncertainty and undermining investment into agriculture. Rights to Land is published in partnership with Good Governance Africa (GGA).

Settler Colonialism and Land Rights in South Africa

Author : E. Cavanagh
Publisher : Springer
ISBN 13 : 1137305770
Total Pages : 199 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Settler Colonialism and Land Rights in South Africa by : E. Cavanagh

Download or read book Settler Colonialism and Land Rights in South Africa written by E. Cavanagh and published by Springer. This book was released on 2013-04-23 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This local history of Griqua Philippolis (1824-1862) and Afrikaner Orania (1990-2013) gets at the crux of the ever-pertinent land question in South Africa. Identifying the many layers of dispossession definitive of the South African past, the book presents a provocative new argument about land rights and the residues of settler colonialism.

Property Restitution and Compensation

Author : International Organization for Migration
Publisher : Hammersmith Press
ISBN 13 : 929068450X
Total Pages : 308 pages
Book Rating : 4.2/5 (96 download)

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Book Synopsis Property Restitution and Compensation by : International Organization for Migration

Download or read book Property Restitution and Compensation written by International Organization for Migration and published by Hammersmith Press. This book was released on 2008 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Land, Power & Custom

Author : Aninka Claassens
Publisher :
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Land, Power & Custom by : Aninka Claassens

Download or read book Land, Power & Custom written by Aninka Claassens and published by . This book was released on 2008 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accompanying DVD-ROM contains ... "current and historical legislation affecting communal land and affidavits by rural applicants, state officials and traditional leaders in pending litigation concerning land rights and chiefly power"--Page 4 of cover.

Worlds of Human Rights

Author : Bill Derman
Publisher : BRILL
ISBN 13 : 9004250131
Total Pages : 352 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Worlds of Human Rights by : Bill Derman

Download or read book Worlds of Human Rights written by Bill Derman and published by BRILL. This book was released on 2013-04-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages with contemporary African human rights struggles including land, property, gender equality and legal identity. Through ethnographic field studies it situates claims-making by groups and individuals that have been subject to injustices and abuses, often due to different forms of displacement, in specific geographical, historical and political contexts. Exploring local communities’ complexities and divided interests it addresses the ambiguities and tensions surrounding the processes whereby human rights have been incorporated into legislation, social and economic programs, legal advocacy, land reform, and humanitarian assistance. It shows how existing relations of inequality, domination and control are affected by the opportunities offered by emerging law and governance structures as a plurality of non-state actors enter what previously was considered the sole regulatory domain of the nation state.

How Rights Went Wrong

Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Domains of Freedom

Author : Thembela Kepe
Publisher : Juta and Company (Pty) Ltd
ISBN 13 : 1775822044
Total Pages : 324 pages
Book Rating : 4.7/5 (758 download)

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Book Synopsis Domains of Freedom by : Thembela Kepe

Download or read book Domains of Freedom written by Thembela Kepe and published by Juta and Company (Pty) Ltd. This book was released on 2016-09-12 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than 20 years of freedom in South Africa we have to ask ourselves difficult questions: are we willing to perpetuate a lie, search for facts or think wishfully? Freedom has been enabled by apartheid’s end, but at the same time some of apartheid’s key institutions and social relations are reproduced under the guise of ‘democracy’. This collection of essays acknowledges the enormous expectations placed on the shoulders of the South African revolution to produce an alternative political regime in response to apartheid and global neo-liberalism. It does not lament the inability of South Africa’s democracy to provide deeper freedoms, or suggest that since it hasn't this is some form of betrayal. Freedom is made possible and/or limited by local political choices, contemporary global conditions and the complexities of social change. This book explores the multiplicity of spaces within which the dynamics of social change unfold, and the complex ways in which power is produced and reproduced. In this way, it seeks to understand the often non-linear practices through which alternative possibilities emerge, the lengthy and often indirect ways in which new communities are imagined and new solidarities are built. In this sense, this book is not a collection of hope or despair. Nor is it a book that seeks to situate itself between these two poles. Instead it aims to read the present historically, critically and politically, and to offer insights into the ongoing, iterative and often messy struggles for freedom.

Land Matters

Author : Tembeka Ngcukaitobi
Publisher : Penguin Random House South Africa
ISBN 13 : 1776095979
Total Pages : 328 pages
Book Rating : 4.7/5 (76 download)

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Book Synopsis Land Matters by : Tembeka Ngcukaitobi

Download or read book Land Matters written by Tembeka Ngcukaitobi and published by Penguin Random House South Africa. This book was released on 2021-04-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Land Tenure Challenges in Africa

Author : Horman Chitonge
Publisher : Springer Nature
ISBN 13 : 3030828522
Total Pages : 348 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Land Tenure Challenges in Africa by : Horman Chitonge

Download or read book Land Tenure Challenges in Africa written by Horman Chitonge and published by Springer Nature. This book was released on 2022-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a significant contribution to the literature on land reform in various African contexts. While the economic evidence is clear that secure property rights are a necessary condition for catalysing broad-based economic development, the governance process by which those rights are secured is less clear. This book details the historical complexity of land rights and the importance of understanding this history in the process of trying to improve tenure security. Through a combination of single country case studies, comparative case studies and regional comparisons, the book is unequivocal that good governance is paramount for improving the performance of land reform programmes. All attempts at moving towards more formal secure tenure require congruence with informal norms, beliefs and values, and a set of clear systems and processes to avoid corruption and unintended negative consequences.

The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on

Author : Mia Swart
Publisher : BRILL
ISBN 13 : 9004339566
Total Pages : 324 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on by : Mia Swart

Download or read book The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on written by Mia Swart and published by BRILL. This book was released on 2017-08-07 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on is an interdisciplinary collection that celebrates and critiques the work of the TRC after 20 years. The authors consider whether the TRC has continued relevance for South Africa. The book further explores the legacy of the ‘unfinished business’ of the TRC.

Creating Africas

Author : Knut Nustad
Publisher : Oxford University Press
ISBN 13 : 1849045968
Total Pages : 224 pages
Book Rating : 4.8/5 (49 download)

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Book Synopsis Creating Africas by : Knut Nustad

Download or read book Creating Africas written by Knut Nustad and published by Oxford University Press. This book was released on 2015-05-21 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Africa, conflicts between protected areas for fauna and flora and space for their surrounding human populations continue despite years spent trying to find an accommodation between the needs of both parties. Creating Africas investigates the roots of the current conservation boom, demonstrates that it is part of a struggle over various definitions of existing realities, and examines the global effects of this struggle. The book discusses the first UNESCO World Heritage Site in South Africa, the Isimangaliso (St Lucia) Wetland Park. Here, conservation interests are pitted against those of industrial forestry, commercial farming, and local communities struggling to have their lands returned to them. They all seek to define and create their own realities, but do so with very different resources at their disposal. In his expert analysis, Nustad treats these realities not as different representations but rather as multiple, often competing, viewpoints that involve a wide range of actors, both human and non-human. Nustad posits that in order to avoid being accused of neo-colonial land grabbing, the conservation lobby will need to find a new way of imagining nature and protection that includes people.

The Oxford Handbook of International Refugee Law

Author : Cathryn Costello
Publisher : Oxford University Press
ISBN 13 : 0198848633
Total Pages : 1337 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Handbook of International Refugee Law by : Cathryn Costello

Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.