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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Land rights
It is the barbed wire entanglement that tortures yet frees in the
long story of this small island on 'the dark edge of Europe'. It
defined the national struggle for independence far more than any
other single issue. The famine between 1845 and 1850 killed a
million of the island's population of 8 million and drove another
million into exile. This event chopped Irish history in half,
demonstrating as nothing else could that without security of tenure
for a normal life span you were at the mercy of landowners. This
book is not about the famine, but about the key event that followed
it: the extraordinary redistribution of land from mainly
aristocratic landed estates to small farmers. This redistribution
took over 150 years, from famine's end to the closure of the Land
Commission in 1999, and was achieved with some civility and far
less violence than the actual independence struggle itself. Who
Owns Ireland is a startling expose of Ireland's most valuable
asset: its land. Kevin Cahill's investigations reveal the breakdown
of ownership of the land itself across all thirty-two counties, and
show the startling truth about the people and institutions who own
the ground beneath our feet.
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.
The U.S. Supreme Court ruling in Johnson v. McIntosh established
the basic principles that govern American Indian property rights to
this day. In the case, more than one Anglo-American purchaser
claimed title to the same land in what is now southern Illinois.
The Piankeshaw Indians had deeded the land twice-once to
speculators in 1775, and again, thirty years later, to the United
States by treaty. The Court decided in favor of William McIntosh,
who had bought the land from the U.S. government. Writing for the
majority, Chief Justice John Marshall declared that the "discovery"
of America had given "exclusive title to those who made it"-namely,
the European colonizers. According to Johnson, the Piankeshaws did
not own what they thought was their land. Indeed, no Indian tribe
did. Buying America from the Indians offers a comprehensive
historical and legal overview of Native land rights since the
European "discovery" of the New World. Watson sets the case in rich
historical context. After tracing Anglo-American views of Native
land rights to their European roots, Blake A. Watson explains how
speculative ventures in Native lands affected not only Indian
peoples themselves but the causes and outcomes of the French and
Indian War, the American Revolution, and ratification of the
Articles of Confederation. He then focuses on the transactions at
issue in Johnson between the Illinois and Piankeshaw Indians, who
sold their homelands, and the future shareholders of the United
Illinois and Wabash Land Companies. The final chapters highlight
the historical legacy of Johnson v. McIntosh on federal policy with
regard to Indian lands. Taught to first-year law students as the
root of title for real property in the United States, the case has
also been condemned by the United Nations and others as a
Eurocentric justification for the subjugation of North American
indigenous peoples. Watson argues that the United States should
formally repudiate the discovery doctrine set forth in Johnson v.
McIntosh. The thorough backstory and analysis in this book will
deepen our understanding of one of the most important cases in both
federal Indian law and American property law.
In the last two hundred years, the earth has increasingly become
the private property of a few classes, races, transnational
corporations, and nations. Repeated claims about the "tragedy of
the commons" and the "crisis of capitalism" have done little to
explain this concentration of land, encourage solution-building to
solve resource depletion, or address our current socio-ecological
crisis. The Commons in an Age of Uncertainty presents a new
explanation, vision, and action plan based on the idea of commoning
the land. The book argues that by commoning the land, rather than
privatising it, we can develop the foundation for prosperity
without destructive growth and address both local and global
challenges. Making the land the most fundamental priority of all
commons does not only give hope, it also opens the doors to a new
world in which economy, environment, and society are decolonised
and liberated.
Michael Davitt (1846-1906), was an important figure in Irish
history. Active in the Fenian movement he was arrested in 1870 by
the British and imprisoned for seven years. After his release he
continued his efforts and founded the Land League. Once again he
was arrested and sent to prison in England. While in solitary
confinement he wrote a number of pieces, all of which are published
here for the first time. In addition to valuable autobiographical
material, they include essays on the Irish land war, how Ireland
was robbed of her Parliament, English civilization, and the
education of the Irish citizen. Carla King teaches at St. Patrick's
College. The Classics of Irish History series.
This book is about the largest peaceful redistribution of wealth in
the history of mankind and the creation of the North Slope Borough.
It is the behind-the-scenes goings-on of a few very determined
Native men with the financial assistance of a compassionate law
firm to seek justice for the Native people of Alaska. The battle
began in 1920 and, although it had a significant victory with the
Alaska Land Settlement of 1971, still goes on.
In the summer of 1990, the Oka Crisis-or the Kanehsatake
Resistance-exposed a rupture in the relationships between settlers
and Indigenous peoples in Canada. In the wake of the failure of the
Meech Lake Accord, the conflict made visible a contemporary
Indigenous presence that Canadian society had imagined was on the
verge of disappearance. The 78-day standoff also reactivated a long
history of Indigenous people's resistance to colonial policies
aimed at assimilation and land appropriation. The land dispute at
the core of this conflict raises obvious political and judicial
issues, but it is also part of a wider context that incites us to
fully consider the ways in which histories are performed, called
upon, staged, told, imagined, and interpreted. Stories of Oka:
Land, Film, and Literature examines the standoff in relation to
film and literary narratives, both Indigenous and non-Indigenous.
This new English edition of St-Amand's interdisciplinary,
intercultural, and multi-perspective work offers a framework for
thinking through the relationships that both unite and oppose
settler societies and Indigenous peoples in Canada.
A Report of an Inquiry into an Injustice chronicles Peter
Kulchyski's experiences with the Begade Shuhtagot'ine, a small
community of a few hundred people living in and around Tulita
(formerly Fort Norman), on the Mackenzie River in the heart of
Canada's Northwest Territories. Despite their formal objections and
boycott of the agreement, the band and their lands were included in
the Sahtu treaty, a modern comprehensive land claims agreement
negotiated between the Government of Canada and the Sahtu Tribal
Council, representing Dene and Metis peoples of the region. While
both Treaty Eleven (1921) and the Sahtu Treaty (1994) purport to
extinguish Begade Shuhtagot'ine Aboriginal title, oral history and
documented attempts to exclude themselves from treaty strongly
challenge the validity of that extinguishment. Structured as a
series of briefs to an inquiry into the Begade Shutagot'ine's
claim, this manuscript documents the negotiation and implementation
of the Sahtu treaty and amasses evidence of historical and
continued presence and land use to make eminently clear that the
Begade Shuhtagot'ine are the continued owners of the land by law:
they have not extinguished title to their traditional territories;
they continue to exercise their customs, practices, and traditions
on those territories; and they have a fundamental right to be
consulted on, and refuse or be compensated for, development
projects on those territories. Kulchyski bears eloquent witness to
the Begade Shuhtagot'ine people's two-decade struggle for land
rights, which have been blatantly ignored by federal and
territorial authorities for too long.
This is a reconstruction of the trial where the Mashpee Indians
claimed ownership of the area of Cape Cod that they have occupied
for 350 years. Their claim was rejected as they were judged not to
be a true tribe, having not survived as an ethnic identity.
Regenerating Urban Land draws on the experience of eight different
case studies from around the world. The case studies outline
various policy and financial instruments to attract private sector
investment in urban regeneration of underutilized/unutilized areas
and the requisite infrastructure improvements.
This history of the American Revolution in Georgia offers a
thorough examination of how landownership issues complicated and
challenged colonists' loyalties. Despite underdevelopment and
isolation, eighteenth-century Georgia was an alluring place, for it
promised settlers of all social classes the prospect of affordable
land-and the status that went with ownership. Then came the
Revolution and its many threats to the orderly systems by which
property was acquired and protected. As rebel and royal leaders
vied for the support of Georgia's citizens, says Leslie Hall,
allegiance became a prime commodity, with property and the
preservation of owners' rights the requisite currency for securing
it. As Hall shows, however, the war's progress in Georgia was
indeterminate; in fact, Georgia was the only colony in which
British civil government was reestablished during the war. In the
face of continued uncertainties-plundering, confiscation, and
evacuation-many landowners' desires for a strong, consistent civil
authority ultimately transcended whatever political leanings they
might have had. The historical irony here, Hall's study shows, is
that the most successful regime of Georgia's Revolutionary period
was arguably that of royalist governor James Wright. Land and
Allegiance in Revolutionary Georgia is a revealing study of the
self-interest and practical motivations in competition with a
period's idealism and rhetoric.
The importance of good land governance to strengthen women s land
rights, facilitate land-related investment, transfer land to better
uses, use it as collateral, and allow effective decentralization
through collection of property taxes has long been recognized. The
challenges posed by recent global developments, especially
urbanization, increased and more volatile food prices, and climate
change have raised the profile of land and the need for countries
to have appropriate land policies. However, efforts to improve
country-level land governance are often frustrated by technical
complexities, institutional fragmentation, vested interests, and
lack of a shared vision on how to move towards good land governance
and measure progress in concrete settings. Recent initiatives have
recognized the important challenges this raises and the need for
partners to act in a collaborative and coordinated fashion to
address them. The breadth and depth of the papers included in this
volume, all of which were presented at the World Bank s Annual
Conference on Land Policy and Administration, illustrate the
benefits from such collaboration. They are indicative not only of
the diversity of issues related to land governance but, more
importantly, highlight that, even though the topic is complex and
politically challenging, there is a wealth of promising new
approaches to improving land governance through innovative
technologies, country-wide policy dialogue, and legal and
administrative reforms. The publication is based on an on-going
partnership between the World Bank, the International Federation of
Surveyors, the Global Land Tool Network and the United Nations Food
and Agriculture Organization provide tools that can help to address
land governance in practice and at scale. It is our hope that this
volume will be of use to increase awareness of and support to the
successful implementation of innovative approaches that can help to
not only improve land governance, but also thereby contribute to
the well-being of the poorest and the achievement of the Millennium
Development Goals."
Increased global demand for land posits the need for well-designed
country-level land policies to protect long-held rights, facilitate
land access and address any constraints that land policy may pose
for broader growth. While the implementation of land reforms can be
a lengthy process, the need to swiftly identify key land policy
challenges and devise responses that allow the monitoring of
progress, in a way that minimizes conflicts and supports broader
development goals, is clear. The Land Governance Assessment
Framework (LGAF) makes a substantive contribution to the land
sector by providing a quick and innovative tool to monitor land
governance at the country level. The LGAF offers a comprehensive
diagnostic tool that covers five main areas for policy
intervention: Legal and institutional framework; Land use planning,
management and taxation; Management of public land; Public
provision of land information; and Dispute resolution and conflict
management. The LGAF assesses these areas through a set of detailed
indicators that are rated on a scale of pre-coded statements (from
lack of good governance to good practice). While land governance
can be highly technical in nature and tends to be addressed in a
partial and sporadic manner, the LGAF posits a tool for a
comprehensive assessment, taking into account the broad range of
issues that land governance encompasses, while enabling those
unfamiliar with land to grasp its full complexity. The LGAF will
make it possible for policymakers to make sense of the technical
levels of the land sector, benchmark governance, identify areas
that require further attention and monitor progress. It is intended
to assist countries in prioritizing reforms in the land sector by
providing a holistic diagnostic review that can inform policy
dialogue in a clear and targeted manner. In addition to presenting
the LGAF tool, this book includes detailed case studies on its
implementation in five selected countries: Peru, the Kyrgyz
Republic, Ethiopia, Indonesia and Tanzania.
New Zealand to many is 'Middle Earth', home of the Lord of the
Rings trilogy, but it was also the last major land mass on the
planet to be settled by humans. The country was catapulted kicking
and screaming from the stone age to the space age within 200 years
of Captain Cook setting foot there... Who really got to New Zealand
first? Which version of the Treaty of Waitangi is the most
accurate? What impact did a massive asteroid strike in the 15th
century have on human settlement in the South Pacific? IT'S A STORY
THAT WILL SURPRISE YOU The biggest known earthquake-caused tsunami
can create 60 metre walls of water - around six times larger than
the Japan tsunami. This New Zealand one created by what is now
known as the Mahuika comet strike - after the Maori god of fire -
was what scientists call a "mega-tsunami," 220 metres tall, 22
times higher than the Japanese tsunami, as it thundered up the
South Island's east coast. Waves that high have been known to
penetrate up to 45km inland in other parts of the world. To put
this in perspective, if you were dining in the revolving restaurant
at Auckland's Sky Tower, 190 metres off the ground, you would still
be 30 metres (100ft) underwater. A STORY TOLD WITH HUMOUR: When
dawn broke the following morning, more canoes pulled alongside and
translator Tupaea remarked to Cook the overnight guests were
yelling over the rails to their friends, "It's OK to come on board,
the white men don't eat people " "From which," Cook wryly and
cautiously noted in his journal, "it should seem that these people
have such a Custom among them." IN THE VOICES OF THOSE WHO WERE
THERE: "About dinner time three canoes came alongside of much the
most simple construction of any we have seen, being no more than
the trunks of trees hollowed out by fire without the least carving
or even the addition of a washboard on their gunnels. "The people
in them were almost naked and blacker than any we had seen - only
21 in all - yet these few despicable gentry sang their song of
defiance and promised us as heartily as the most respectable of
their countrymen that they would kill us all." A STORY OF MISPLACED
TRUST: Turning to Lieutenant Roux, du Fresne added: "How can you
expect me to have a bad opinion of a people who show me so much
friendship? As I only do good to them, assuredly they will do me no
evil." AND THE CLASH OF CULTURES: By seven pm, word came through
from the ships that "a great many more canoes, full of natives, had
landed on the island." This was an all-out war involving, on one
side, a battalion-strength team of Maori warriors drawn apparently
from numerous tribes (about as many warriors as the current New
Zealand Army can comfortably muster for any single military tour at
the moment), and on the other 50 armed Frenchmen, most of them
sailors. One side, of course, had gunpowder. The other side
desperately wanted gunpowder. AND LESSONS LEARNED THE HARD WAY:
Northland Maori in particular were beginning to amass quite a
collection of captured weaponry, from the tempered steel of
cutlasses and swords to the power of the mighty musket. The
cardinal rule - never bang a casket of gunpowder - had been tested
and learnt by the Ngati Uru of Whangaroa - and Maoridom's
inevitable catch-up with European technology and power was well
underway. There was, however, an even more potent force sailing
over the horizon: missionaries. IN SHORT, IT'S OUR STORY...a story
of migrants, the people they met, the future they forged.
A provision of the Morrill Land Grant Act of 1862 allowed
Cornell University to acquire 500,000 acres of valuable timberland
in northern Wisconsin. Although most land grant universities
immediately sold the federal tracts that had been allocated to
them, Cornell held the land to allow it to appreciate. While the
university was guarding its rights as a trustee of this estate,
dealing with the supervisors and tax collectors of several
counties, and negotiating with lumbermen, it did not escape
criticism for its role as an absentee landlord. As Paul Wallace
Gates details in The Wisconsin Pine Lands of Cornell University,
the university's perseverance paid off the eventual sale of surface
rights to the land yielded a five-million-dollar endowment and is
regarded as one of the most successful episodes of land speculation
in U.S. history."
Written by a critically positioned participant in Zimbabwe's
political history, this book covers more than a generation of
eyewitness account and scholarly analysis by a war veteran academic
and activist. Traces the roots of Zimbabwe's well known, but little
analysed, revolution of 2000 to the 1970s guerrilla war, revealing
the foundational philosophies, cosmologies and experiences that are
manifest in the War Veterans-led revolution. The book is a bold
account of an ongoing bottom-up struggle against neo-colonialism,
settler economy and international capital. It traces the unfolding
events of Zimbabwe's war of liberation, revealing little-known
factsthat help to explain the complexity of current politics,
ideology and class conflicts. Based on grounded empirical research
this scholarly analysis differs significantly from the standard
journalistic accounts of this topic.The book illustrates that the
popular land occupations of 2000 were part of a much wider current
under the surface that reconfigured industry, mining, finance,
commerce and trade. War Veterans led a revolution that challenged
thestate, ruling ZANU PF, the MDC, President Robert Mugabe, settler
and international capital. Zimbabwe's revolution sets a new agenda
and raises anew the intriguing question 'what are the people of
Africa trying to free themselvesfrom and what are they trying to
establish?' Zvakanyorwa Wilbert Sadomba is a Lecturer in the
Department of Sociology, University of Zimbabwe. Zimbabwe:
Zvakanyorwa Wilbert Sadomba (PB)
"Ugly Stories of the Peruvian Agrarian Reform" reveals the human
drama behind the radical agrarian reform that unfolded in Peru
during the final three decades of the twentieth century. That
process began in 1969, when the left-leaning military government
implemented a drastic program of land expropriation. Seized lands
were turned into worker-managed cooperatives. After those
cooperatives began to falter and the country returned to civilian
rule in the 1980s, members distributed the land among themselves.
In 1995-96, as the agrarian reform process was winding down and
neoliberal policies were undoing leftist reforms, the Peruvian
anthropologist Enrique Mayer traveled throughout the country,
interviewing people who had lived through the most tumultuous years
of agrarian reform, recording their memories and their stories.
While agrarian reform caused enormous upheaval, controversy, and
disappointment, it did succeed in breaking up the unjust and
oppressive hacienda system. Mayer contends that the demise of that
system is as important as the liberation of slaves in the Americas.
Mayer interviewed ex-landlords, land expropriators, politicians,
government bureaucrats, intellectuals, peasant leaders, activists,
ranchers, members of farming families, and others. Weaving their
impassioned recollections with his own commentary, he offers a
series of dramatic narratives, each one centered around a specific
instance of land expropriation, collective enterprise, and
disillusion. Although the reform began with high hopes, it was
quickly complicated by difficulties including corruption, rural and
urban unrest, fights over land, and delays in modernization. As he
provides insight into how important historical events are
remembered, Mayer re-evaluates Peru's military government
(1969-79), its audacious agrarian reform program, and what that
reform meant to Peruvians from all walks of life.
'This book debunks in spectacular fashion some of the most
treasured, over-inflated claims of the benefits of native
title.'Professor Mick Dodson, ANU Centre for Indigenous
Studies'David Ritter's fascinating account of the evolution of the
native title system is elegant and incisive, scholarly and
sceptical; above all, unfailingly intelligent.'Professor Robert
Manne, La Trobe University'An unsentimental, richly informed
account of a fascinating period in the history of Australia's
relationships with its indigenous people.' From the Foreword by
Chief Justice Robert FrenchAfter the historic Mabo judgement in
1992, Aboriginal communities had high hopes of obtaining land
rights around Australia. What followed is a dramatic story of
hard-fought contests over land, resources, money and power,
yielding many frustrations and mixed outcomes. Based on extensive
research, enriched by intimate experience as a lawyer and
negotiator, David Ritter offers both an insider's perspective and a
cool-headed and broad-ranging account of the native title system.
In lucid prose Ritter examines the contributions of the players
that contested and adjudicated native title: Aboriginal leaders and
their communities, multinational resource companies, pastoralists,
courts and tribunals, politicians and bureaucrats. His account lays
bare the conflicts, compromises and conceits beneath the surface of
the native title process.
The year 2008 is the deadline set by President Mbeki for the
finalization of all land claims by people who were dispossessed
under the apartheid and previous white governments. Although most
experts agree this is an impossible deadline, it does provide a
significant political moment for reflection on the ANC government's
program of land restitution since the end of apartheid.
Land reform (and land restitution within that) remains a highly
charged issue in South Africa, one that deserves more in-depth
analysis. Drawing on her experience as Rural Land Claims
Commissioner in KwaZulu-Natal from 1995 to 2000, Professor Cherryl
Walker provides a multilayered account of land reform in South
Africa, one that covers general critical commentary, detailed case
material, and personal narrative. She explores the master narrative
of loss and restoration, which has been fundamental in shaping the
restitution program; offers a critical overview of the achievements
of the program as a whole; and discusses what she calls the
"non-programmatic limits to land reform," including urbanization,
environmental constraints and the impact of HIV/AIDS.
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 addresses redistributive land reform - the redistribution of
property rights in land from large to small farmers. A heightened
sense of urgency surrounds the need to address land redistribution,
especially in the former settler colonies in southern Africa, but
controversy exists regarding the appropriate implementation
mechanisms. The study highlights the case of South Africa, because
success there would have tremendous regional and international
implications for land redistribution. A policy framework for
redistributive land reform is outlined, within which the competing
paradigms compete where it actually matters - on the ground.
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