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.

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.

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.

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

Perhaps the most explosive issue in South Africa today is the question of land ownership. The central theme in this country’s colonial history is the dispossession of indigenous African societies by white settlers, and current calls for land restitution are based on this loss. Yet popular knowledge of the actual process by which Africans were deprived of their land is remarkably sketchy.

This book recounts an important part of this history, describing how the Khoisan and Xhosa people were dispossessed and subjugated from the time that Europeans first arrived until the end of the Cape Frontier Wars (1779–1878).

The Land Wars traces the unfolding hostilities involving Dutch and British colonial authorities, trekboers and settlers, and the San, Khoikhoin, Xhosa, Mfengu and Thembu people – as well as conflicts within these groups. In the process it describes the loss of land by Africans to successive waves of white settlers as the colonial frontier inexorably advanced. The book does not shy away from controversial issues such as war atrocities on both sides, or the expedient decision of some of the indigenous peoples to fight alongside the colonisers rather than against them.

The Land Wars is an epic story, featuring well-known figures such as Ngqika, Lord Charles Somerset and his son, Henry, Andries Stockenström, Hintsa, Harry Smith, Sandile, Maqoma, Bartle Frere and Sarhili, and events such as the arrival of the 1820 Settlers and the Xhosa cattlekilling. It is essential reading for anyone who wants to understand South Africa’s past and present.

'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 Case for Color-Blind Equality in an Age of Identity Politics , Alan Dershowitz-New York Times bestselling author and one of America's most respected legal scholars-analyzes the current battles over issues of diversity and our rapidly changing ideas about what true diversity is. Alan Dershowitz has been called "one of the most prominent and consistent defenders of civil liberties in America" by Politico and "the nation's most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights" by Newsweek. He is also a fair-minded and even-handed expert on civil liberties and constitutional rights, and in this book offers his knowledge and insight to help readers understand the war being waged against meritocracy and equal protection of the law by so-called progressive advocates. The Case for Color-Blind Equality in an Age of Identity Politics is an analysis of every aspect of the current fight against true diversity-diversity of philosophy, background, and opinion, rather than the more surface-level diversity of race, religion, and location. It examines the United States's history of systemic racism, debates about affirmative action, and ongoing reckoning with issues of bigotry against groups such as Asians, Blacks, and Jews, with an eye toward fairly balancing the concerns of a diverse populace. In the end, The Case for Color-Blind Equality in an Age of Identity Politics represents an icon in American law and politics exploring the current rapidly changing attitudes toward meritocracy, personal identity, and the preservation of civil liberties for all citizens, regardless of background, race, class, or creed. It is essential reading for anyone interested in or concerned about identity politics, racial issues, and true diversity and fairness in America.

Protecting the Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement. The focus of most of the international community's recent protection efforts has been on returning displaced persons to their homes following armed conflict. However, this focus on return has come at the expense of considering other possible durable solutions, particularly in cases of protracted displacement. In this book, Anneke Smit chronicles the failure of the international community's attempts to promote widespread return through establishing housing and property restitution mechanisms. Drawing on a variety of displacement situations, and referring throughout to international human rights and refugee law, property law and theory, and sociological and anthropological literature on displacement and the meaning of home', she argues that a housing and property policy which supports integration in the communities where refugees and internally displaced persons find themselves after conflict is likely to represent a more effective and sustainable approach than a singular focus on return. Protecting the Property Rights of Refugees and Internally Displaced Persons is based on extensive academic research, including fieldwork, as well as more than a decade of the author's practical experience working on displacement issues with government, international organisation and NGO actors. It will be of considerable interest to those with academic and policy interests in the rights of refugees and displaced persons.

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.

Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity.Published with CIFOR

The redistribution of land has profound implications for women and for gender relations; however, gender issues have been marginalised from both theoretical and policy discussions of agrarian reform. This book presents an overview of gender and agrarian reform experiences globally. Jacobs highlights case studies from Latin America, Asia, Africa and eastern Europe and also compares agrarian and land reforms organised along collective lines as well as along individual household lines. This volume will be of interest to scholars in Geography, Womena (TM)s Studies, and Economics.

The complex relationships between ethno-nationality, rights to land, and territorial sovereignty have long fed disputes over territorial control and landed rights between different nations, ethnicities, and religions. These disputes raise a number of interesting issues related to the nature of land regimes and to their economic and political implications. The studies drawn together in this key volume explore these and related issues for a broad variety of countries and times. They illuminate the diverse causes of ethno-national land disputes, and the different forms of adjustment and accommodation to the power differences between the contesting groups. This is done within a framework outlined by the editors in their analytical overview, which offers contours for comparative examinations of such disputes, past and present. Providing conceptual and factual analyses of comparative nature and wealth of empirical material (both historical and contemporary), this book will appeal to economic historians, economists, political scientists, sociologists, anthropologists and all scholars interested in issues concerning ethno-nationality and land rights in historical perspective.

The author explores how tribal governments have worked through the constraints of their eroded territory and sovereignty to provide effective leadership and governance.

In struggles over access to land, Aboriginal women's concerns have often remained unacknowledged. Their words - and silences - have been frequently misheard, misunderstood, misrepresented, misused.The controversy about 'secret women's business' in the Hindmarsh Island Bridge conflict has brought this issue to the attention of the general public. How can Aboriginal women assert their claims while protecting, by remaining silent, their culturally sensitive knowledge? How can they prevent their words and silences being misrepresented?Words and Silences explores the barriers confronting Aboriginal women trying to defend their land rights. The contributors to this volume provide insights into the intricacies of Aboriginal social and cultural knowledge, and introduce the reader to different understandings of how the gendered nature of Aboriginal land ownership adds complexity to the cross-cultural encounter. In lively and engaging prose they document the ongoing struggles of Aboriginal women across Australia, who are fighting to ensure they receive due recognition of their rights in land.

First published in 1969. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.

In dealing with scarce land, planners often need to interact with, and sometimes confront, property right-holders to address complex property rights situations. To reinforce their position in situations of rivalrous land uses, planners can strategically use and combine different policy instruments in addition to standard land use plans. Effectively steering spatial development requires a keen understanding of these instruments of land policy. This book not only presents how such instruments function, it additionally examines how public authorities strategically manage the scarcity of land, either increasing or decreasing it, to promote a more sparing use of resources. It presents 13 instruments of land policy in specific national contexts and discusses them from the perspectives of other countries. Through the use of concrete examples, the book reveals how instruments of land policy are used strategically in different policy contexts.

Land settlement schemes, sponsored by national governments and businesses, such as the Ford Corporation and the Hudson's Bay Company, took place in locations as diverse as the Canadian Prairies, the Dutch polders, and the Amazonian rainforests. This novel contribution evaluates a diverse range of these initiatives. By 1900, any land that remained available for agricultural settlement was often far from the settlers' homes and located in challenging physical environments. Over the course of the twentieth century, governments, corporations and frequently desperate individuals sought out new places to settle across the globe from Alberta to Papua New Guinea. This book offers vivid reports of the difficulties faced by many of these settlers, including the experiences of East European Jewish refugees, New Zealand soldier settlers and urban families from Yorkshire. This book considers how and why these settlement schemes succeeded, found other pathways to sustainability or succumbed to failure and even oblivion. In doing so, the book indicates pathways for the achievement of more economically, socially and environmentally sustainable forms of human settlement in marginal areas. This engaging collection will be of interest to individuals in the fields of historical geography, environmental history and development studies.

Land reform has been the most challenging social issue for China, which is in transition from an agricultural society to an industrialized country. As the initiator of "common-ownership trust", the author introduces trust theory into China's land reform, trying to settle the issues of land right verification and land circulation. Firstly, this book reflects on land circulation and common ownership theoretically. Then it reviews China's rural land system transition in history as well as its current circumstances and problems. Based on theoretical thinking and practice, this book proposes land trust and expounds on its nature and content. Lastly, it interprets the "cloud trust + land trust" model which combines science, technology, knowledge and capital with land to realize the intensive and overall development of land. This book attempts to solve China's land problems with financial tools, which provide significant implications for not only land reform but also trust theory study.

Land is important to all aspects of human life and has a key role in the economic well-being of society therefore, land tenure, land ownership, and real property law is a critical part of any developed nation. Together, the processes of how land parcels are held; how they are defined, measured, and described to allow economic transactions; how they are marked to allow their use and defense; and how they are legally protected have allowed for the orderly possession and use of land. In doing so, these processes have also provided the basis for the advanced economy of most developed nations. Very often, these processes-land tenure, boundary surveying, and cadastral systems-are considered separately. They are very much interrelated, and none of these processes may be completely understood without an understanding of the others. Land Tenure, Boundary Surveys, and Cadastral Systems provides an introduction to land tenure, cadastral systems, and boundary surveying, including an understanding of the interrelationship of these areas and their role in land tenure and real property law. This is especially true considering the advent of georeferenced cadastral maps reflecting the location of land parcels relative to many other components of the physical and legal infrastructure. Although intended as a basic text for college-level surveying courses, this book should also be of significant value to cadastral mappers, real property attorneys, land title professionals, and others involved with land transactions.

The failure to include gender in the economic history of rural development has severely limited our understanding of privatizing, collectivist and colonial economic policies that disrupted and transformed the lives of rural women and men in the modern world. This book is unique in its focus on female economic agency, and in its exploration of the latter virtue in comparative historical perspective. It presents the apparently disparate cases of 17th-century England, 20th-century Russia and the Soviet Union, and 20th-century Kenya, as their top-down modernization projects were implemented in similar fashion --particularly in the case of women. The female half of the population was largely absent from contemporary economic databases, but nevertheless stereotyped as obstacles to rational economic decision-making. Introducing rural women and their innovations into male-centered narratives of economic history lays the foundation for a more demographically balanced and realistic understanding of rural behavior and rural development. In this study, women's labor and land claims are the lens through which both female agency and the delegitimizing of women's land claims become more visible. Both policy-makers and their leading critics deployed virtually identical language to describe backward, unruly and invariably "unsightly" peasant women.

Lord Leverhulme became involved with the Western Isles after the First World War when he sought to rescue the islanders on Lewis and Harris and introduce them to a new prosperity as he saw it.

From a neo-liberal, neo-classical paradigm, secure, formal and private property rights are crucial to fostering sustained development. Institutions that fail to respond to shifting socio-economic opportunities are thus forced to make new arrangements. The enigma is posed by developments on the ground. Why would the removal of authoritarian institutions during the Arab Spring or Iraq War not increase market efficiency but rather cause the reverse, while China and India, despite persisting insecure, informal and common institutions, featured sustained growth? This collection posits that understanding these paradoxes requires a refocusing from form to function, detached from normative assumptions about institutional appearance. In so doing, three things are accomplished. First, starting from case studies on land, it is ascertained that the argument can be meaningfully extended to labour, capital and beyond. Second, the argument validates the 'Credibility Thesis' - that is, once institutions persist, they fulfil a function. Third, the collection studies 'development, broadly construed', by including the modes of production and beyond, the rural and urban, the developed and developing. This is why it reviews property rights from China and India, to Turkey, Mexico and Malaysia, covering issues such as customary rights and privatization, mining and pastoralism, dam-building and irrigation, but also state-owned banks, trade unions and notaries. This book was originally published as a special issue of The Journal of Peasant Studies.