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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Land rights
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.
Was the relationship between English settlers and Native Americans in the New World destined to turn tragic? This book investigates how the newcomers interacted with Algonquian groups in the Chesapeake Bay area and New England, describing the role that original Americans occupied in England's empire during the critical first century of contact. Michael Leroy Oberg considers the history of Anglo-Indian relations in transatlantic context while viewing the frontier as a zone where neither party had the upper hand. He tells how the English pursued three sets of policies in America securing profit for their sponsors, making lands safe from both European and native enemies, and "civilizing" the Indians and explains why the British settlers found it impossible to achieve all of these goals. Oberg places the history of Anglo-Indian relations in the early Chesapeake and New England in a broad transatlantic context while drawing parallels with subsequent efforts by England as well as its imperial rivals the French, Dutch, and Spanish to plant colonies in America. Dominion and Civility promises to broaden our understanding of the exchange between Europeans and Indians and makes an important contribution to the emerging history of the English Atlantic world."
Today, whichever party is in power, Aboriginal issues are very much part of the national agenda. No account of the nature of Australian politics, or discussion of the future of Australian society, can be complete without consideration of the Aboriginal interest. Citizens, whatever their political preferences, are learning that the Aboriginal demand for a full role in society has a profound impact on public life. In White Politics and Black Australians Scott Bennett coolly and dispassionately describes how the aspirations of Aboriginal Australians are expressed through a political system designed, first and foremost, for the white majority. Mabo, Wik, Native Title, Stolen Generation - these are just some of the issues discussed here. In a field so often characterised by rhetoric rather than analysis, here is an account which acknowledges the day-to-day reality of political contest.
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.
In 1979 the Nevada state legislature passed a bill providing for state control of certain lands within the state boundaries under the administration of the Bureau of Land Management. Arizona, New Mexico, Utah, and Wyoming immediately followed suit. Public land users reacted swiftly and the Sagebrush Rebellion was on. Westerners, driven by the sheer size of the federal estate (99 percent of BLM lands are located in twelve western states) and angered by what they perceived as undue influence by the environmental movement on federal policies, sought to protect and control the resource and recreational use of public lands that they deemed essential to their state economies. In this book, R. McGreggor Cawley objectively investigates the Rebellion, looking at the driving force behind the movement, the strategies used by the Rebels, and the consequences of the controversy. He examines how the definitions of key federal land management concepts, such as conservation, influenced policymaking and explores tensions that pitted the West against other regions and the federal government. In the process, he analyzes James Watt's beleaguered tenure as secretary of the interior and the Reagan administration's proposal to sell federal lands and shows how the conflict created an unexpected division within the environmental movement. Going beyond the Rebellion, Cawley offers provocative interpretation of events in federal land policy from the 1960s to the 1990s and establishes a framework for assessing future developments in federal land policy.
This work provides a selection of underground documents (never before translated) of the two leading bodies of the Intifada: the United National Command and the Islamic Resistance Movement, known as Hamas. Communiques or leaflets were an essential element of Palestinian political life and served as a vehicle of expression and a way to direct behaviour and organise the people. Shaul Mishal carefully analyses these documents in an effort to understand the forces that turned the wheels of the Palestinian uprising: their goals; methods of operation; and their success in obtaining the willing cooperation of all segments of the Palestinian population. Since the Israeli conquest of the West Bank and Gaza in 1967, there had been minor eruptions of violence by Palestinians against Israelis. But for the 20 years before December 1987 and the uprising, there had never been such an intense and prolonged demonstration against the occupation. The Intifada inspired a new generation of Palestinian radicals who conducted their protests through petrol bombs and street violence and relayed their messages through underground propaganda. In place of any official and prominent leadership, communiques became the voice of the rebels. The book should be of interest to scholars and students of Middle East studies, particularly of the Arab-Israeli conflict.
The Oneida Indians once owned millions of acres in what is now New York State, but their land has gradually been taken away from them by the State. The Indians were told they had no claim on the land, but continued to fight. This is an account of that fight, which they eventually won.
...a local bestseller...(the authors) describe a pervasive way of conducting private and public affairs in which state and local office holders throughout Hawaii took their personal financial interests into account in their actions as public officials years ago.'--The New York Times
In The Mountain People, Colin M. Turnbull describes the dehumanization of the Ik, African tribesmen who in less than three generations have deteriorated from being once-prosperous hunters to scattered bands of hostile, starving people whose only goal is individual survival. Sad, disturbing, and eloquently written, The Mountain People is a moving meditation on human nature, our capacity for goodness, and the fragility of human society.
There are approximately 640 million surface acres of federally owned land in the United States. This book introduces some of the broad themes and issues Congress has considered with addressing federal land policy and resource management, including questions about the extent and location of the federal estate. Additionally, most federal lands and waters are open to hunting and/or fishing. The second chapter provides an overview of issues related to hunting and fishing on federal lands. Congress addresses these issues through oversight, legislation and appropriations, which target issues such as access to federal lands and waters for sportperson activities, and striking the right balance among hunting and fishing and other recreational, commercial, scientific and conversation uses. The third and fourth chapters examine the controversies regarding management of existing wilderness areas which have also been the subject of legislation. Congress has also directed that the federal government is responsible for managing wildfires that begin on federal lands, such as national parks or national forests. States are responsible for managing wildfires that originate on all other lands. Wildlife spending is currently subject to procedural and budgetary control which the 115th Congress addresses in this book. The last chapter is a report on the variety of national monument issues that Congress continues to face. From 1906 to date, Presidents have established 157 monuments and also enlarged, diminished or otherwise modified previously proclaimed monuments through a total of 259 proclamations. Congress continues to face a variety of national monument issues, many of which are explored within this book.
Dialogue about Land Justice provides a solid understanding for readers of the key issues around native title from the minds of leading thinkers, commentators and senior jurists. It consolidates sixteen papers presented to the national Native Title Conference since the historic Mabo judgment. Taken together, these commentators tie native title to the fundamental issue of the place of Indigenous peoples' within the Australian political and legal framework, and national identity. With contributions about New Zealand, the USA and development in the UN, it also provides a comparative understanding of international Indigenous land rights and interests.
Longtime fly fisherman Quinn Grover had contemplated the "why" of his fishing identity before more recently becoming focused on the "how" of it. He realized he was a dedicated fly fisherman in large part because public lands and public waterways in the West made it possible. In Wilderness of Hope Grover recounts his fly-fishing experiences with a strong evocation of place, connecting those experiences to the ongoing national debate over public lands. Because so much of America's public lands are in the Intermountain West, this is where arguments about the use and limits of those lands rage the loudest. And those loudest in the debate often become caricatures: rural ranchers who hate the government; West Coast elites who don't know the West outside Vail, Colorado; and energy and mining companies who extract from once-protected areas. These caricatures obscure the complexity of those who use public lands and what those lands mean to a wider population. Although for Grover fishing is often an "escape" back to wildness, it is also a way to find a home in nature and recalibrate his interactions with other parts of his life as a father, son, husband, and citizen. Grover sees fly fishing on public waterways as a vehicle for interacting with nature that allows humans to inhabit nature rather than destroy or "preserve" it by keeping it entirely separate from human contact. These essays reflect on personal fishing experiences with a strong evocation of place and an attempt to understand humans' relationship with water and public land in the American West.
The coast of East Africa was considered a strategically invaluable region for the establishment of trading ports, both for Arab and Persian merchants, long prior to invasion and conquest by Europeans. In the initial stages of the scramble for Africa in the 18th century, control of the area was an aspiration for every colonial nation in Europe - but it was not until 1895 that it was finally dominated by a sole power and proclaimed The Protectorate of British East Africa. In the early 20th century, the coast was brimming with vitality as immigrants, colonisers and missionaries from Arabia, India and Europe poured in to take advantage of growing commercial opportunities - including the prospect of enslaving millions of native Africans. The development of Kenya is an exceptional tale within the history of British rule - in perhaps no other colony did nationalistic feeling evolve in conditions of such extensive social and political change. In 1911, S.H. Fazan sailed to what later became the Republic of Kenya to work for the colonial government. Immersing himself in knowledge of traditional language and law, he recorded the vast changes to local culture that he encountered after decades of working with both the British administration and the Kenyan people. This work charts the sweeping tide of social change that occurred through his career with the clarity and insight that comes with a total intimacy of a country. His memoirs examine the fascinating complexity of interaction between the colonial and native courts, commercial land reform and the revolutionised dynamic of labour relations. By further unearthing the political tensions that climaxed with the Mau Mau Revolt of 1952-1960, this invaluable work on the European colonial period paints a comprehensive and revealing firsthand account for anyone with an interest in British and African history. Fazan's story provides a quite unparalleled view of colonial Africa and the conduct of Empire across half a century.
The 1980s and '90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples' rights. In Negotiating Autonomy, Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy.
Examines the new challenges facing Africa's pastoral drylands from large-scale investments and how this might affect the economic and political landscape for the regions affected and their peoples. More than ever before, the gaze of global investment has been directed to the drylands of Africa, but what does this mean for these regions' pastoralists and other livestock-keepers and their livelihoods? Will those who have occupied drylands over generations benefit from the developments, as claimed, or is this a new type of territorialisation, exacerbating social inequality? This book's detailed local studies of investments at various stages of development - from Kenya, Tanzania, Somaliland, Ethiopia - explore, for the first time, how large land, resource and infrastructure projects shape local politics and livelihoods. Land and resources use, based on ancestral precedenceand communal practices, and embedded regional systems of trade, are unique to these areas, yet these lands are now seen as the new frontier for development of national wealth. By examining the ways in which large-scale investmentsenmesh with local political and social relations, the chapters show how even the most elaborate plans of financiers, contractors and national governments come unstuck and are re-made in the guise of not only states' grand modernist visions, but also those of herders and small-town entrepreneurs in the pastoral drylands. The contributors also demonstrate how and why large-scale investments have advanced in a more piecemeal way as the challenges of implementation have mounted. JEREMY LIND is Research Fellow at the Institute of Development Studies (IDS), University of Sussex. DORIS OKENWA holds a PhD in Anthropology from the London School of Economics. IAN SCOONES is a Professorial Fellow at the IDS, University of Sussex and co-director of the ESRC STEPS Centre.
The modern Middle East often seems like a web of problems none of which has proven more intractable over the last half century than the Israeli-Arab conflict. One of the core issues is the Israeli claim to ownership of modern-day real estate based on ancient stories that have been enshrined in scripture, promoted by politicians, and buttressed by Hollywood. In this book two revisionist thinkers expose what they argue are the tenuous underpinnings of these claims. Was the Exodus of scripture actually a Hebrew exodus. Was the Moses depicted by Charlton Heston actually a Hebrew leader? Or were they echoes of a much earlier exodus of Hyksos, the invasive people to first conquer and reign over Egyptians? The authors argue that neither Moses nor the Hebrews were in Egypt until around 1000 BCE -- 500 years after the earlier Exodus is known to have taken place. They go on to sift through research of an Hyksos evacuation of Egypt led by an Eastern leader who is far different than the Moses with whom we are familiar.
The coasts of today's American South feature luxury condominiums,resorts, and gated communities, yet just a century ago, a surprising amountof beachfront property in the Chesapeake, along the Carolina shores, andaround the Gulf of Mexico was owned and populated by African Americans.Blending social and environmental history, Andrew W. Kahrl tells the storyof African American-owned beaches in the twentieth century. By reconstructingAfrican American life along the coast, Kahrl demonstrates just howimportant these properties were for African American communities andleisure, as well as for economic empowerment, especially during the era ofthe Jim Crow South. However, in the wake of the civil rights movement andamid the growing prosperity of the Sunbelt, many African Americans fellvictim to effective campaigns to dispossess black landowners of their propertiesand beaches. Kahrl makes a signal contribution to our understanding of AfricanAmerican landowners and real-estate developers, as well as the developmentof coastal capitalism along the southern seaboard, tying the creation of overdeveloped,unsustainable coastlines to the unmaking of black communitiesand cultures along the shore. The result is a skillful appraisal of the ambiguouslegacy of racial progress in the Sunbelt.
New waves of land grabbing are working to dispossess peasants in both the Global South and the Global North. But peasants are fighting back. They have come together to contest dispossession through place-based and transnational forms of activism. In so doing, they have articulated a demand for food sovereignty. They claim that a democratically organized food system in which smallholder producers produce their own food on their own territory can feed the world whilst cooling the planet. This book explores practices of peasant resistance. Its aim is to show how grass roots peasant activists have been able to demand transnational social and political change. In the process, the book examines the grassroots forms of activism that enable peasants to reclaim land upon which to work and from which to live. It explores how diverse grass roots movements have been able to connect and unite in order to contest transnational dynamics of oppression. Moreover, it discusses how practices of peasant activism transform how we think, and ought to think, about human rights and global democracy. By also highlighting the problems that peasants continue to face, the book indicates that the future of sustainable peasant livelihoods depends on the will of global organizations and transnational society to not just listen to the voices of peasant activists, but to respond to them too.
M?ori fishing rights were guaranteed by the Treaty of Waitangi, taken away by Crown actions, and, along with M?ori land rights and other grievances, contested throughout the 1970s and 1980s. Finally, after years of struggle in the courts, through the Waitangi Tribunal and in protests, M?ori fishing rights were restored. This book claims that four pou or elements significantly assisted in the recognition and eventual recovery of M?ori fishing rights: The Treaty of Waitangi; the courts; The Waitangi Tribunal and theresilience and tenacity of M?ori people, who never gave up fighting for what was right. The author argues that the strong tradition of fairness and justice in New Zealand society provided a platform for M?ori and P?keh? to support the four pou and address the injustices that included not only a denial of M?ori fishing rights but also a large number of others.
Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.
From the Foreword: I am inclined to think that when Creator lowered Lynn to Mother Earth it was for her to complete this difficult task of bravery. Indeed we can all learn from her, as she has fulfilled her responsibility. - Heather Majaury In commemoration of the 250th anniversary of the Treaty at Niagara, The Truth that Wampum Tells offers readers a first-ever insider analysis of the contemporary land claims and self-government process in Canada. Incorporating an analysis of traditional symbolic literacy known as wampum diplomacy, Lynn Gehl argues that despite Canada's constitutional beginnings, first codified in the 1763 Royal Proclamation and ratified during the 1764 Treaty at Niagara, Canada continues to deny the Algonquin Anishinaabeg their right to land and resources, their right to live as a sovereign nation and consequently their ability to live mino-pimadiziwin (the good life). Gehl moves beyond Western scholarly approaches rooted in historical archives, academic literature and the interview method. She also moves beyond discussions of Indigenous methodologies, offering an analysis through Debwewin Journey: a wholistic Anishinaabeg way of knowing that incorporates both mind knowledge and heart knowledge and that produces one's debwewin (personal truth).
Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right--based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination--to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states now ruling them, he starts at a more basic level, interrogating fundamental justifications for political authority itself. He shows that historical claims of land ownership and prior sovereignty cannot provide a sufficient basis for challenging the authority of existing states, but that our natural moral duties to aid other persons in danger can justify rights to political separation from states that fail to protect their citizens as they should. Actual attempts at political separation must be carefully managed through well-defined procedural mechanisms, however, to foster extensive democratic deliberation about the nature of the political changes at stake. Using such procedures, Hendrix argues, indigenous peoples should be able to withdraw politically from the states currently ruling them, even to the point of choosing full independence.
This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.
In the mid-1930s the Mexican government expropriated millions of acres of land from hundreds of U.S. property owners as part of President Lazaro Cardenas's land redistribution program. Because no compensation was provided to the Americans a serious crisis, which John J. Dwyer terms "the agrarian dispute," ensued between the two countries. Dwyer's nuanced analysis of this conflict at the local, regional, national, and international levels combines social, economic, political, and cultural history. He argues that the agrarian dispute inaugurated a new and improved era in bilateral relations because Mexican officials were able to negotiate a favorable settlement, and the United States, constrained economically and politically by the Great Depression, reacted to the crisis with unaccustomed restraint. Dwyer challenges prevailing arguments that Mexico's nationalization of the oil industry in 1938 was the first test of Franklin Roosevelt's Good Neighbor policy by showing that the earlier conflict over land was the watershed event. Dwyer weaves together elite and subaltern history and highlights the intricate relationship between domestic and international affairs. Through detailed studies of land redistribution in Baja California and Sonora, he demonstrates that peasant agency influenced the local application of Cardenas's agrarian reform program, his regional state-building projects, and his relations with the United States. Dwyer draws on a broad array of official, popular, and corporate sources to illuminate the motives of those who contributed to the agrarian dispute, including landless fieldworkers, indigenous groups, small landowners, multinational corporations, labor leaders, state-level officials, federal policymakers, and diplomats. Taking all of them into account, Dwyer explores the circumstances that spurred agrarista mobilization, the rationale behind Cardenas's rural policies, the Roosevelt administration's reaction to the loss of American-owned land, and the diplomatic tactics employed by Mexican officials to resolve the international conflict. |
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