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Author : Radovan Korda
Publisher : Unknown
Page : 98 pages
File Size : 53,8 Mb
Release : 2001
Category : Land tenure
ISBN : STANFORD:36105112344374
Author : Joan G. Fairweather
Publisher : University of Calgary Press
Page : 286 pages
File Size : 47,8 Mb
Release : 2006
Category : History
ISBN : 9781552381922
The impact of colonial dispossession and the subsequent social and political ramifications places a unique burden on governments having to establish equitable means of addressing previous injustices. This book considers the efforts by both Canada and South Africa to reconcile the damage left by colonial expansion, in part, looking back with a critical eye, but also pointing the way towards a solution that will satisfy the common need for human dignity
Author : Robert K. Hitchcock,Diana Vinding
Publisher : IWGIA
Page : 286 pages
File Size : 52,8 Mb
Release : 2004
Category : History
ISBN : 8791563089
This book is concerned with the first peoples (those people who are considered indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. Although living in democratic countries like Namibia, South Africa, Zimbabwe, and Botswana --and in principle sharing the same rights and responsibilities as the rest of the population--practice shows that these peoples more often than not are at the margins of the societies in which they live; they often face extreme poverty, and they frequently are subjected to discriminatory treatment and exposed to all kinds of human rights abuses. Robert K. Hitchcock is professor of anthropology and geography at the University of Nebraska-Lincoln, USA. He has done extensive research and development work in southern Africa in general and among San peoples in particular. Diana Vinding is an anthropologist working with the International Work Group for Indigenous Affairs (IWGIA) in Copenhagen.
Author : Ben Chigara
Publisher : Routledge
Page : 287 pages
File Size : 47,9 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781136656170
This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.
Author : Albert Kwokwo Barume,IWGIA,International Work Group for Indigenous Affairs
Publisher : Unknown
Page : 390 pages
File Size : 48,9 Mb
Release : 2014
Category : Indigenous peoples
ISBN : 8792786405
Author : Horman Chitonge,Ross Harvey
Publisher : Springer Nature
Page : 348 pages
File Size : 43,8 Mb
Release : 2022-01-01
Category : Science
ISBN : 9783030828523
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.
Author : Robin H. Palmer
Publisher : Oxfam
Page : 314 pages
File Size : 48,7 Mb
Release : 1997
Category : Political Science
ISBN : 9780855983918
Questions of land tenure and land reform, and their impact on poor and vulnerable communities, are of vital importance throughout Southern and Eastern Africa. From the vast literature on the subject, Robin Palmer has selected and summarized more than 300 recent books, articles, academic theses, and reports of conferences and workshops. This survey includes studies of Angola, Botswana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Rwanda, South Africa, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe. In addition to major sections on economic and legal issues, special sections feature studies of Land and Pastoralism, and Land and Women.
Author : Ben Chigara
Publisher : Routledge
Page : 269 pages
File Size : 43,8 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781136656248
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement in the sub-region. Only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these disputes. The book recommends efficient pedagogical counter-apartheid-rule psychological distortions regarding the significance of human dignity (PECAPDISH) as a pre-requisite and corollary to the dismantling of the salient physical legacy of apartheid-rule in affected SADC States. The book shows that PECAPDISH’s potential and benefits would be enormous. The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.
Author : Manuela Zips-Mairitsch
Publisher : LIT Verlag Münster
Page : 432 pages
File Size : 52,8 Mb
Release : 2013
Category : History
ISBN : 9783643902443
Indigenous peoples in international law --Historical overview --"Indigenous peoples" : term, concepts, and definitions --Differentiation from the term "Minority" --Special indigenous rights or special circumstances? : indigenous protection standards, rights of freedom, and self-determination --Sources of law --Binding norms --ILO convention 169 --UN convention on biological diversity --"Soft law" instruments --Agenda 21, chapter 26 (1992) --UN declaration on the rights of indigenous peoples --Declarations and policies of various international bodies --Indigenous rights as part of customary international law --"Sources of Life" : lands and natural resources --Material standards of protection --Cause of action --The relationship between indigenous peoples and their territories --Collective land rights --Scope of indigenous territories --Restriction of alienation and disposal --Universal human rights treaties --Right of ownership --Right to culture --Right to private and family life --Jurisdiction of international monitoring bodies --Human rights committee --Committee on the elimination of racial discrimination --Sources of freedom and equality : self-determination --"Being indigenous in Africa" : legal developments of indigenous peoples law in Africa --Historical overview --Nature conservation v. human rights protection --African initiatives for the protection of indigenous rights --"Indigenous peoples in Africa" : applying the concept --Indigenous rights in the African context --Regional indigenous rights --The African charter on human and peoples' rights --The African commission on human and peoples' rights --The African court on human and peoples' rights --National indigenous rights --Selected constitutional guarantees --Jurisdiction using the example of South Africa --The case of the ... Khomani San --Richtersveld case --Excursus : "Aboriginal title" --"Aboriginal title" before the South African constitutional --Court --"Hoodia Gordonii" case --Legal perspectives of San Communities --Terminology : San, "Bushmen", Basarwa, Khoesan, N/oakwe or Kwe? --Historical overview until the end of colonial times --Regional historical differences --Botswana --Namibia --South Africa --The "Northern San" --Refiections on indigenous legal perspectives and world views --Botswana : state and society --Sociopolitical history --Pre-colonial phase --Protectorate bechuanaland --Republic of botswana --Sources of law and legal pluralism --Constitutional law --Customary law --Common and statutory law --International law --Fundamental and human rights --San in Botswana --San as citizens : Basarwa and/or Batswana? --Dominant views of the San in Botswana --Development policies --Remote area development programme --Community based natural resource management --Development : nature conservation : a contradiction? --NGO initiatives --National San NGOs --Regional San NGOs --"The lost lands" : relocation from the central Kalahari game reserve --History of the central Kalahari game reserve --The relocation of the G wi and Gana (San) --The legal dispute over the (temporarily?) "Lost lands" --Roy Sesana v. government of Botswana --Termination of basic and essential services --Restoration of basic and essential services --Lawful occupation --Deprivation of land possession --Special game licences --Access to the central Kalahari game reserve (CKGR) --Conclusions --Consequences of the high Court's decision : summary --The legal dispute over access to water --Matsipane Mosetlhanyane, Gakenyatsiwe Matsipane & further applicants v. Attorney general of Botswana --Matsipane Mosetlhanyane & Gakenyatsiwe Matsipane v. Attorney General of Botswana, court of appeal --Consequences of the courts' decisions : summary --Conclusion --The return of the outlaws : an Epilogue by Werner zips --Appendix --Examples of indigenous peoples in Africa (not exhaustive!) --Abbreviations --Bibliography --(Selected) legal texts --International instruments --National laws, regulations and policies --Court cases --Interviews --Index of figures --Index --About the authors.
Author : Arrigo Pallotti,Corrado Tornimbeni
Publisher : Routledge
Page : 184 pages
File Size : 55,9 Mb
Release : 2016-03-03
Category : Political Science
ISBN : 9781317050315
Each country in southern Africa has a unique history but in all of them socio-economic inequalities and high poverty levels weaken the governments’ legitimacy and represent a challenge to models of economic development. One key issue appears to be the solution of the land question. This vital concern affects both citizenship and democracy in the political systems of the region, yet no government has shown the capacity or commitment to solve it. In this volume leading European, American and African scholars explore in detail the relationship between state, land and democracy. They examine the historical background of asset allocation and its impact on questions of nationality, the definition of citizenship, human rights and the current political and economic processes in southern Africa.
Author : Anonim
Publisher : Unknown
Page : 110 pages
File Size : 53,6 Mb
Release : 2001
Category : Land tenure
ISBN : IND:30000061618744
The workshop was organised to discuss and analyse the land policies in the region and how these impact on women, to discuss the legal framework and constitutional provisions governing women's access to and control of land in the region and to access and analyse women's ability to access resources in the region.
Author : Liz Wily,Sue Mbaya
Publisher : IUCN
Page : 334 pages
File Size : 55,5 Mb
Release : 2001
Category : Forest management
ISBN : 2831705991
Author : William Beinart,Peter Delius,Michelle Hay
Publisher : Jacana Media
Page : 0 pages
File Size : 40,6 Mb
Release : 2017
Category : Land reform
ISBN : 1928232485
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).
Author : Anonim
Publisher : World Bank Publications
Page : 64 pages
File Size : 49,5 Mb
Release : 2006
Category : Political Science
ISBN : 9780821364413
Land reform can be divided broadly into land tenure reform (the establishment of secure and formalized property rights in land) and land redistribution (the transfer of land from large to small farmers). This paper therefore is in two parts. The first part focuses on property rights, giving a short narrative of some of the key land tenure and land policy issues. Though these issues remain politically sensitive, a solid consensus is emerging on how to deal with them--but only once the confusion is cleared up surrounding private common property and formal and informal rights. The second part addr.
Author : N. Fonjong
Publisher : African Books Collective
Page : 179 pages
File Size : 42,5 Mb
Release : 2012-02-29
Category : Social Science
ISBN : 9789956727018
This book explores the customary, social, economic political and rights issues surrounding access, ownership and control over land from a gender perspective. It combines theory and practice from researchers, lawyers and judges, each with track records of working on women and rights concerns. The nexus between the reluctance to recognize and materialize womens right to land, and the increasing feminization of poverty is undeniable. The problem assumes special acuity in an essentially agrarian context like Cameroon, where the problem is not so much the law as its manner of application. That this book delves into investigating the principal sources and reasons for this prevalent injustice is particularly welcome. As some of the analyses reveal, denying women their right to land acquisition or inheritance is sometimes contrary to established judicial precedents and even in total dissonance with the countrys constitution. Traditional and cultural shibboleths associated with land acquisition and ownership that tend to stymie womens development and fulfilment, must be quickly shirked, for such retrograde excuses can no longer find comfort in the law, morality nor in modern traditional thinking. The trend, albeit timid, of appointing women to Land Consultative Boards and even as traditional authorities, can only be salutary. These are some positive practical steps that can translate the notion of equal rights into equal power over land for both sexes; otherwise equality in this context will remain an unattractive slogan.