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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Land rights
Contesting one’s place remains central to confronting the lingering impact of colonisation and apartheid, emerging as it does out of the intermingling of our environments, histories, languages and experiences. In this volume, architects, anthropologists, artists, urban planners, activists and historians examine the ways in which people are rethinking, repurposing and reusing colonial and apartheid architecture and infrastructure. They seek to engage with ways in which history, art and architecture practices contest and subvert these protracted conditions in terms of social justice, development, conservation, heritage, land reclamation and urban renewal. The focus is on colonial environments in different parts of South Africa and Africa to understand the history of disputed places and responses of remembrance, communal consideration, revival and conflict. In recent years, public awareness of the physical and environmental reminders of this past has been sharpened by sporadic campaigns and ongoing disputes around land, gentrification, repatriation and heritage. Globally, there has been a wave of public outcry and contestation about the place of racist names and statues in public spaces, litigation over abandoned and toxic sites, with calls for removal and restitution as an integral part of decolonisation. And there has been recognition of the lived experiences, knowledge and activities through which people and communities build their heritage. In this context, questions about the place of colonial and apartheid planning and architecture and their past acquire salience and urgency in the present.
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.
In response to the recent surge in extractive natural resource investments in Africa, this insightful book explores how relations between investors, ruling elites, and local populations develop when large-scale investments in gas, minerals, and agriculture expand. Advancing a multi-level approach that encompasses rigorous theoretical analysis, fieldwork, and literature review, expert contributors examine the implementation of natural resource investments and the extent to which they respect procedural rights of local populations. Chapters draw together understudied bodies of literature on land-grabbing debates, the resource curse controversy and corporate social responsibility (CSR), demonstrating how the chances of large-scale investments in natural resources are at their greatest when characterised by 'reciprocal exchange deals' between investors and local populations, 'compatible interests' between ruling elites and investors, and 'mutual recognition' between local populations and ruling elites. Through a careful examination of case studies in Mozambique, Tanzania, and Uganda, the book ultimately highlights the complexity of the political economy of natural resource investments. Providing valuable theoretical and empirical insights, this book will be an invigorating read for scholars and students of political economy, political geography, sustainability, CSR, and business studies. Its valuable insights on how natural resource investments might accelerate economic growth and consolidate links between local and global economies will also be of interest to development practitioners and investors.
'This is Doro and he is beautiful.' So begins the extraordinary story of Doro Goumaneh, who faced an unimaginable series of adversities on his journey from persecution in The Gambia to refuge in France. Doro was once a relatively prosperous fisherman, but in 2014, when the country's fishing rights were stolen and secret police began arresting Gambian fishermen, Doro left home, fleeing for his life. From Senegal to Libya to Algeria and back to Libya, Doro fell victim to the horrific cycle of abuse targeted at refugees. He endured shipwreck, torture and being left for dead in a mass grave. Miraculously, he survived. In 2019, during one of his many attempts to reach Europe, Doro was rescued by the boat Sea-Watch 3 in the Mediterranean, where he met volunteer Brendan Woodhouse. While waiting out a two-week standoff - floating off the coast of Sicily, as political leaders accused Sea-Watch, a German organisation that helps migrants, of facilitating illegal entry to Europe - a great friendship formed. Told through both Doro's and Brendan's perspectives, Doro touches on questions of policy and politics, brutality and bravery, survival and belonging - issues that confront refugees everywhere. But ultimately it is one man's incredible story - that of Doro: refugee, hero, champion, survivor and friend.
This book chronicles, through desktop and interview research methodology, the experiences of the Mabula area community in the full spectrum of the dispossession of their land by Whites during the erstwhile apartheid government era in the 1960s, and subsequent successful reclaim under the post-1994 democratic government. Situated within the Waterberg District in the Limpopo Province (then Transvaal), the Mabula community was uprooted from the farms Cyferfontein 434 KR, Droogersloot 476 KR, Olievenfontein 475 KR and Rietspruit 527 KQ, in the Bela-Bela area, and dumped on barren areas in the Moretele district in the former Bophutatswana Homeland. Meanwhile, the land they left behind was turned into agricultural haven for White farmers and the well known money-spinning wild life tourism destinations, such as Bonwa Phala and Mabalingwe Game Parks. On 28 April 1998, the late Mr. Matsaremane Andries Mabuela officially lodged a land claim on these farms with The Commission of Restitution of Land Rights. After Mr. Mabuela’s death, the process was carried forward through the formation of the Bela-Bela Community Property Association (BBCPA), led by Mr. Lefa Barrington Mabuela, his son, as chairperson. The most remarkable aspect of the BBCPA’s struggle for the retention of their land was the rational and reconciliatory manner in which it was conducted; such that it could serve as a beacon or model for other successful land claims.
THE SUNDAY TIMES BESTSELLER SHORTLISTED FOR THE CWA GOLD DAGGER FOR NON-FICTION 2021 SHORTLISTED FOR THE INDIE BOOK AWARD FOR NON-FICTION 2022 'Brilliant, passionate and political . . . The Book of Trespass will make you see landscapes differently' Robert Macfarlane 'A remarkable and truly radical work, loaded with resonant truths' George Monbiot The vast majority of our country is entirely unknown to us because we are banned from setting foot on it. By law of trespass, we are excluded from 92 per cent of the land and 97 per cent of its waterways, blocked by walls whose legitimacy is rarely questioned. But behind them lies a story of enclosure, exploitation and dispossession of public rights whose effects last to this day. The Book of Trespass takes us on a journey over the walls of England, into the thousands of square miles of rivers, woodland, lakes and meadows that are blocked from public access. By trespassing the land of the media magnates, Lords, politicians and private corporations that own England, Nick Hayes argues that the root of social inequality is the uneven distribution of land. Weaving together the stories of poachers, vagabonds, gypsies, witches, hippies, ravers, ramblers, migrants and protestors, and charting acts of civil disobedience that challenge orthodox power at its heart, The Book of Trespass will transform the way you see the land. --------------- A GUARDIAN, i AND SPECTATOR BOOK OF THE YEAR
This book explores tribal land alienation problems in India and tribal agitation against land encroachment and alienation. It discusses India's tribal land problem and explains how despite legislation to protect tribal lands, the problem has not been resolved since neither the letter nor the spirit of the law has been implemented. Due to continuous land encroachment and alienation by outsiders, the negligence of the revenue administration and the apathy of the central and state government, the situation concerning tribal land in the country have became precarious. In this context, the book highlights the process of land estrangement among the tribes and the related movements, focusing on the Narayanpatna land movement in the Koraput district of Odisha. It argues that land remains a central issue that is extremely important for tribes as it directly affects their life, livelihood, freedom and development, and that the cultural attachment of tribes and their views regarding the idea of 'place' (land) furnishes crucial perspectives in understanding the politics of collective resistance. It also discusses the politicization of group identity and material interest against the outside authority as the basis of the unrest among the tribes, and when the grudges of the people are hardened due to insensitivity and tyranny, the extent of tribal resistance escalates, leading to conflict between the state and its own people. Given its scope, this book is a valuable resource for students and research scholars, as well as for policymakers and anyone interested in Indian democracy and development in general, and tribal problems, issues and politics in particular.
This book presents current research in the political ecology of indigenous revival and its role in nature conservation in critical areas in the Americas. An important contribution to evolving studies on conservation of sacred natural sites (SNS), the book elucidates the complexity of development scenarios within cultural landscapes related to the appropriation of religion, environmental change in indigenous territories, and new conservation management approaches. Indigeneity and the Sacred explores how these struggles for land, rights, and political power are embedded within physical landscapes, and how indigenous identity is reconstituted as globalizing forces simultaneously threaten and promote the notion of indigeneity.
It is the largest landholder in America, overseeing nearly an eighth of the country: 258 million acres located almost exclusively west of the Mississippi River, with even twice as much below the surface. Its domain embraces wildlife and wilderness, timber, range, and minerals, and for over 60 years, the Bureau of Land Management has been an agency in search of a mission. This is the first comprehensive, analytical history of the BLM and its struggle to find direction. James Skillen traces the bureau's course over three periods-its formation in 1946 and early focus on livestock and mines, its 1970s role as mediator between commerce and conservation, and its experience of political gridlock since 1981 when it faced a powerful anti-environmental backlash. Focusing on events that have shaped the BLM's overall mission, organization, and culture, he takes up issues ranging from the National Environmental Policy Act to the Sagebrush Rebellion in order to paint a broad picture of the agency's changing role in the American West. Focusing on the vast array of lands and resources that the BLM manages, he explores the complex and at times contradictory ways that Americans have valued nature. Skillen shows that, although there have been fleeting moments of consensus over the purpose of national forests and parks, there has never been any such consensus over the federal purpose of the public lands overseen by the BLM. Highlighting the perennial ambiguities shadowing the BLM's domain and mission, Skillen exposes the confusion sown by conflicting congressional statutes, conflicting political agendas, and the perennial absence of public support. He also shows that, while there is room for improvement in federal land management, the criteria by which that improvement is measured change significantly over time. In the face of such ambiguity--political, social, and economic--Skillen argues that the agency's history of limited political power and uncertain mission has, ironically, better prepared it to cope with the more chaotic climate of federal land management in the twenty-first century. Indeed, operating in an increasingly crowded physical and political landscape, it seems clear that the BLM's mission will continue to be marked by ambiguity. For historians, students, public administrators, or anyone who cares about American lands, Skillen offers a cautionary tale for those still searching for a final solution to federal land and resource conflicts.
A leading group of scholars examine the circumstances under which central states might change their shape in responding to ethnic upheavals and regionalist demands. A systematic approach is applied to a country-by-country approach examining in turn most of the key areas of state boundary disputes in the contemporary world.
A survey of the evolution of property rights in the United States-from constitutional protections and due process to private property rights and government-takings doctrines. Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons. Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace. Alphabetical list of key people, cases, events, judicial decisions, statutes, and terms that are central to an understanding of property rights in the United States Reprints of key materials including constitutional provisions, excerpts from court rulings, and statutes
Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty. Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in "Lyng v. Northwest Indian Cemetery Protective Association" of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.
This book provides a socio-historical analysis of the 2002 massacre at Bellavista-Bojaya-Choco, Colombia. The author examines how the concepts of forced displacement and migration could be formulas for historical erasure. These concepts are used to name populations, such as the survivors of this massacre, and are limited in their ability to contribute to the demands for reparation of the affected populations. Instead, based on an ethnographic study of the pain and suffering generated in the survivors, the book proposes the concept of deracination as a tool to study land dispossession. It captures both the complex local specificities, the global linkages of this phenomenon and the strategies of resistance used by the people of this community to channel what seems as an impossible mourning.
A study of gult from the 13th century to 1910 revealing much about the history of highland Christian Ethiopia. Gult, a system of land tenure encompassing both taxation and tribute, is unique to highland Ethiopia. It was through this that Ethiopian states and their rulers affected the lives of ordinary people. US, Canada & rest of world (exc. UK, Commonwealth & Europe) : University of Illinois Press Ethiopia: Addis Ababa University Press
This book explains how one man swindled his Andean village twice. The first time he extorted everyone's wealth and disappeared, leaving the village in shambles. The village slowly recovered through the unlikely means of converting to Evangelical religions, and therein reestablished trust and the ability to work together. The new religion also kept villagers from exacting violent revenge when this man returned six years later. While hated and mistrusted, this same man again succeeded in cheating the villagers. Only this time it was for their lands, the core resource on which they depended for their existence. This is not a story about hapless isolation or cruel individuals. Rather, this is a story about racism, about the normal operation of society that continuously results in indigenous peoples' impoverishment and dependency. This book explains how the institutions created for the purpose of exploiting Indians during colonialism have been continuously revitalized over the centuries despite innovative indigenous resistance and epochal changes, such as the end of the colonial era itself. The ethnographic case of the Andean village first shows how this institutional set up works through-rather than despite-the inflow of development monies. It then details how the turn to advanced capitalism-neoliberalism-intensifies this racialized system, thereby enabling the seizure of native lands.
During the Standing Rock Sioux protest against the Dakota Access Pipeline, an activist observed, "Forced removal isn't just in the history books." Sabine N. Meyer concurs, noting the prominence of Indian Removal, the nineteenth-century policy of expelling Native peoples from their land, in Native American aesthetic and political praxis across the centuries. Removal has functioned both as a specific set of historical events and a synecdoche for settler colonial dispossession of Indigenous communities across hemispheres and generations. It has generated a plethora of Native American writings that negotiate forms of belonging-the identities of Native collectives, their proprietary relationships, and their most intimate relations among one another. By analyzing these writings in connection with domestic settler colonial, international, and tribal law, Meyer reveals their coherence as a distinct genre of Native literature that has played a significant role in negotiating Indigenous identity. Critically engaging with Native Removal writings across the centuries, Meyer's work shows how these texts need to be viewed as articulations of Native identity that respond to immediate political concerns and that take up the question of how Native peoples can define and assert their own social, cultural, and legal-political forms of living, being, and belonging within the settler colonial order. Placing novels in conversation with nonfiction writings, Native Removal Writing ranges from texts produced in response to the legal and political struggle over Cherokee Removal in the late 1820s and 1830s, to works written by African-Native writers dealing with the freedmen disenrollment crisis, to contemporary speculative fiction that links the appropriation of Native intangible property (culture) with the earlier dispossession of their real property (land). In close, contextualized readings of John Rollin Ridge, John Milton Oskison, Robert Conley, Diane Glancy, Sharon Ewell Foster, Zelda Lockhart, and Gerald Vizenor, as well as politicians and scholars such as John Ross, Elias Boudinot, and Rachel Caroline Eaton, Meyer identifies the links these writers create between historical past, narrative present, and political future. Native Removal Writing thus testifies to both the ongoing power of Native Removal writing and its significance as resistance.
"Klein's excellent survey of these realities and dynamics will remain an important brief for decision-makers in the future."--"The Journal of Israeli History" "A book of considerable weight and an important contribution to
the growing genre of political studies in Jerusalem." Jerusalem, which means "city of peace," is one of the most bitterly contested territories on earth. Claimed by two peoples and sacred to three faiths, for the last three decades the city has been associated with violent struggle and civil unrest. As the peace negotiations between the Palestinians and Israelis reach their conclusion, the final, and most difficult issue is the status of Jerusalem. How and to what extent will these two nations share this city? How will Christians, Muslims and Jews in Jerusalem and around the world redefine their relationship to Jerusalem when the dust settles on the final agreement? Will the Israelis and Palestinians even be able to reach an agreement at all? Menachem Klein, one of the leading experts on the history and politics of Jerusalem, cuts through the rhetoric on all sides to explain the actual policies of the Israelis and Palestinians toward the city. He describes the "facts on the ground" that make their competing claims so fraught with tension and difficult to reconcile. He shows how Palestinian national institutions have operated clandestinely since the Israelis occupied the eastern half of the city, and how the Israelis have tried to suppress them. Ultimately, he points the way toward a compromise solution but insists that the struggle for power and cultural recognition will likely continue to be apermanent feature of life in this complicated, multi-cultural city.
The politics of domination with which the United States oppresses and exploits the Native Nations, is a violation of the intentions of the framers of the Constitution, and the meaning of the text itself. The arguments of the advocates of the genocide of the 1830s and their appeasers have come to determine the law, policy, and conduct of the United States, while the arguments of the opponents of what came to be known as the Trail of Tears have largely been forgotten, at least among non-Native people. By recovering these arguments, and allowing readers to explore large questions of law, justice, genocide, and politics in a context closely tethered to empirical evidence and careful argument, this book should facilitate more widespread understanding of the Native Nations' rights to their treaty-guaranteed dominion over their own lands and perhaps help open communication between the American people and the peoples of the Native Nations; communication on which the emergence of what Martin Luther King, Jr. called "the beloved community" depends. Arguments over Genocide aims to reach a broad audience of college students, in courses on American History, Indigenous Studies, and the United States and the World, as well as in more specialized upper division courses on constitutional law, American/European imperialism, and resistance, independence, and decolonization movements. Individuals interested in the founding of the United States, in the Trail of Tears, and in 19th century American history should find the work compelling, as should legal practitioners in the field.
Contrasting the views of Native Americans and European Americans, this book provides a fresh look at the rhetoric behind the westward movement of the American frontier. From George Armstrong Custer and Andrew Jackson to Helen Hunt Jackson, the volume gives the views of well-known Anglo-Americans and contrasts them with views of such well-known Native Americans as Metacom, Sitting Bull, Tecumseh, and Black Hawk. Organized around major subthemes regarding the land, who should own it, and what ownership means, the book traces the rhetoric of the 17th, 18th, and 19th centuries, then covers current issues in the words of Oren Lyons, Vine Deloria Jr., and Senator Slade Gorton. The core of the debate in this volume is the taking of the continental United States from native peoples by European immigrants. In chapters revolving around major subthemes, the book develops biographies of significant figures in the history of a continent changing hands. What was George Armstrong Custer's view of Native American culture? How did this view contrast with that of his contemporary and antagonist at the Little Big Horn, Sitting Bull? This book is the first to present and contract the views on both sides of the debate.
This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.
This book investigates a phenomenon in world politics that is largely overlooked by scholars, namely entities lacking international recognition of their status as independent states. It includes case studies on the Eurasian Quartet, Kosovo, Somaliland, Palestine, Northern Cyprus, Western Sahara and Taiwan.
Unlike many who separate environmental from other social issues in their analyses of the locally unwanted land use (LULU) problem, O'Looney argues that the issues are really connected and must be addressed jointly. He frames the question this way: What is the appropriate distribution of land development rights and responsibilities overall?, then offers an answer based on Madison's conception of property and Jefferson's ideas about small-scale democracy. In doing so O'Looney examines the ideological roots of the NIMBY-LULU problem and the various zoning, land-use, and antidiscrimination policies that have been created to solve it. A thoughtful study for corporate and public executives, who need new ways to reconcile economic development with other social needs, and an innovative, challenging analysis for the public policy experts and political scientists who advise them.
'The countryside ought to be for everyone, and this beautiful, thoughtful companion can help us all start to forge paths into the forgotten corners of our green, pleasant and often inaccessible land' Catrina Davies, author of Homesick The Trespasser's Companion is a rallying cry for greater public access to nature and a gently seditious guide to how to get it: by trespassing. We are excluded from the majority of our land and waterways in England, but bestselling writer Nick Hayes shows how reclaiming our connection to nature would be better both for us, and for nature. By stepping over the fences that bar us from the countryside, by engaging more deeply with nature through craft, education, and citizen science, we can rediscover not only a land that has been hidden from us for too long, but also reignite our collective responsibility to protect it. Interwoven are testimonials from expert contributors - farmers and landworkers, activists and authors - each with deeply personal stories of what a connection to nature means for them. With exquisite woodcut illustrations throughout, this is both a love letter to our land and a call to action. 'The Trespasser's Companion is many things at once: a how-to guide; a spell book; a call to arms' Kerri Andrews, author of Wanderers
In the aftermath of World War II, approximately three million Sudeten-Germans were expelled from their homes in the former Czechoslovakia because of their part in the dismemberment of the Czechoslovak Republic by Nazi Germany in 1938-39. For many years their representatives, the Sudeten-German Association, attempted in vain to redress the wrong done to their people. However, the end of the Cold War has given a new impetus to their campaign. Currently they attempt to block Czech entry into the EU unless there is restitution of confiscated properties. Jürgen Tampke tells the story of the Sudeten-Germans from the beginning of their settlement 700 years ago in what is now the Czech Republic to current times.
A small, poverty-stricken California Indian Tribe, the Cabazon Band of Mission Indians, successfully fought a long legal battle for the right to operate the business of their choice on their barren reservation-a gambling casino. This is their story, the authorized history of their epic struggle, climaxing with their victory in a 1987 ruling by the U.S. Supreme Court, the now-famous Cabazon Decision. Their defeated opponents included California's City of Indio and County of Riverside (called one of the most racist in the U.S. by a non-Indian resident) as well as California and 29 other states that joined California's appeal. This is also the fascinating story of the role played by a white family and its radical, socialist patriarch that helped create one of the world's most capital-intensive industries and triggered today's Indian Gaming Explosion throughout America. Hundreds of hours of taped interviews and years of documents, meeting records, and official correspondence are analyzed to give the reader a clear picture of the impact of this new massive capital on tribal life and the development of a possible future without gambling-as officials in league with Nevada and Atlantic City gambling interests continue their efforts to destroy Indian gaming. The Buffalo, literal and symbolic figure of earlier Indian financial independence, has returned in a new form-cash cow casinos. |
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