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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Land rights
This book is a critical examination of the place and role of land in Africa, the role of land in political formation and national identification, and the land as an economic resource within both national economic development and liberal globalization. Colonial and post-colonial conflicts have been rooted in four related claims: the struggle over scarce resources, especially access to land resources; abundance of natural resources mismanaged or appropriated by both the states, local power systems and multinationals; weak or absent articulated land tenure policies, leading to speculation or hybrid policy framework; and the imperatives of the global liberalization based on the free market principles to regulate the land question and mineral appropriation issue. The actualization of these combined claims have led to conflicts among ethnic groups or between them and governments. This book is not only about conflicts, but also about local policy achievements that have been produced on the land question. It provides a critical understanding of the forces and claims related to land tenure systems, as part of the state policy and its system of governance.
Deals with the modern predicament of the Rabha (or Kocha) people, one of India;s indigenous peoples, traditionally practising shifting cultivation in the jungle tracts situated where the Himalayan mountains meet the plains of Bengal. When the area came under British rule and was converted into tea gardens and reserved forests, Rabhas were forced to become labourers under the forest department. Today, large-scale illegal deforestation and the global interest in wildlife conservation once again jeopardize their survival. Karlsson describes the development of the Rabha people, their ways of coping with the colonial regime of scientific forestry and the depletion of the forest, as well as with present day concerns for wilderness and wildlife restoration and preservation. Central points relate to the construction of identity as a form of subaltern resistance, the Rabha;s ongoing conversion to Christianity and their ethnic mobilisation, and the agency involved in the construction of cultural or ethnic identities.
This volume explores the gendered dimensions of recent land governance transformations across the globe, shedding important light on how the intersection of these complex contemporary forces are reconfiguring livelihoods and impacting women s positions, their tenure security and their well-being. It brings together empirical community case studies from around the world that describe, historicize, and situate land (or land-based resource) governance transformation processes as a product of contemporary forces and country/regional specificities. Each contribution carefully analyzes the gendered dimensions of these transformations exploring how women are impacted by and respond to these processes of change. It is structured around five major contemporary processes of land governance transformations: land registration and distribution initiatives; post-conflict reconstruction and resettlement; large-scale land acquisitions; reforms to common property regimes; and joint titling interventions. Each part includes chapters covering different countries and regions of the world that have undertaken these processes. This book offers a comprehensive and nuanced understanding of how gender is differentially impacted by tenure transformations and how this is importantly driven by complex and multi-faceted contemporary forces and local specificities. This is an important academic contribution for sociology, anthropology, political science, economy, agronomy, geography, and many other natural and social sciences. It is also a valuable resource for applied fields and development policy as it includes very careful analyses of state of the art tenure programs and experiments being implemented and championed throughout the world. "
In this book, Gopal Sreenivasan provides a comprehensive interpretation of Locke's theory of property, and offers a critical assessment of that theory. Locke argued that the appropriation of things as private property does not violate the rights of others, provided that everyone still has access to the materials needed to produce their subsistence. Given that, the actual appropriation of particular things is legitimated by one's labor. Holding Locke's theory to the logic of its own argument, Sreenivasan examines the extent to which it is really serviceable as a defense of private property. He contends that a purified version of this theory - one that adheres consistently to the logic of Locke's argument while excluding considerations extraneous to it - does in fact legitimate a form of private property. This purified theory is defensible in contemporary, secular terms, since nothing to which Locke gives an ineliminable theological foundation belongs to the logical structure of his argument. The resulting regime of private property is both substantially egalitarian and significantly different from the traditional liberal institution of private property.
A fundamental aspect of the conflict between Palestinians and Israelis is the territorial dispute which began long before the State of Israel was established. Analysing the land tenure system in Palestine under the administration of the British Mandate, this book questions whether, and to what extent, the land tenure system in Palestine facilitated Zionist land acquisition. The research uses benchmarks elaborated in the guidelines of the United Nations Human Settlements Programme as its analytical starting point, and looks at the formation and implementation of the land tenure system in Palestine. It goes on to place the penetration of Zionism into the land tenure system within the theoretical context of a colonial-settler framework, employing information from land registry records located at the Jordanian Department of Lands. Providing a political-historical analysis of the land tenure system from the end of Ottoman Rule until the end of the British Mandate, this book will be of interest to scholars and students of Middle Eastern History, Imperial and Colonial History, and Middle Eastern Politics.
The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet. This book explores the context of this moment that captured the world s attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action. (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney)
Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.
In the context of increasing privatization and land reform these case studies reveal how reforms impact on women's rights to land and how these rights are contested or upheld. This volume focuses on the impact on women's land rights from the contemporary drive towards the formulation and implementation of land tenure reforms which aim primarily at the private registration of land. It is solidly groundedin the findings from seven case studies, all based on in-depth qualitative research, from various regions of Tanzania, Kenya, Uganda and Rwanda. The detailed, local level research in this volume not only challenges the status quo, but demonstrates that another world is possible and documents the many ways women in Eastern Africa are finding to ensure their rights to land. BIRGIT ENGLERT is Assistant Professor in the Department of African Studies at the University of Vienna, Austria; ELIZABETH DALEY is an independent land consultant. Uganda: Fountain Publishers(PB); Kenya: EAEP(PB); Tanzania: E&D Vision Publishing(PB)
Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics.
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.
Issues such as the patentability of scientific ideas, the market
for organs and open source software are hotly debated and yet
poorly understood. In particular, there is a great need for sound
economic theorizing on such issues.
There is also a need for a clear and concise exposition of the state-of-the-art of the economics of property rights. This book fulfils these various needs.
In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University "Ellen Frankel Paul" is Deputy Director of the Social Philosophy and Policy Center, and is professor of political science and philosophy at Bowling Green State University. She is also an adjunct scholar at the Cato Institute.
The author was the first to forecast (in 1997) the events that ruptured the global economy in 2008 by applying an analysis that exposes the fault lines in the structure of the market economy. Now, he extends his analysis to the future of the West, to evaluate fears from distinguished commentators who claim that European civilisation is in danger of being eclipsed. He concludes that the West is at a dangerous tipping point and provides empirical and theoretical evidence to warrant such an alarming conclusion. But he also explains why it is not too late to prevent the looming social catastrophe. Attributing the present crisis to a social process of cheating, he develops a synthesis of the social and natural sciences to show how the market system can be reformed. He introduces the concept of organic finance, which prescribes reforms capable of delivering both sustainable growth, with a more equitable distribution of wealth, and respect for other life forms. To explain the persistent failure to resolve protracted social and environmental crises, the author introduces a theory of social trauma. Populations have been destabilised by the coercive loss of land to the point where they have lost their traditional reference points. No longer able to live by the laws of nature, they are forced to conform to laws that consolidate the privileges of those who had cheated them of their birthright: access to nature’s resources. Many pathological consequences flow from this tearing of people from their social and ecological habitats. To recover from this state of trauma, the author argues, people need to use the new tools of communication, such as social media, to regain control over their future destiny through a kind of collective psychosocial therapy. The author challenges the view that the West can climb out of depression by applying the financial measures known as “austerity”. He outlines a new strategy that would restore full employment and reverse the decline in middle class living standards in Europe and North America.
'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 French After 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 essential moments of the Civil Rights Movement are set in historical context by the Pulitzer Prize-winning author of the magisterial America in the King Years trilogy--Parting the Waters; Pillar of Fire; and At Canaan's Edge.Taylor Branch, author of the Pulitzer Prize-winning America in the King Years trilogy, presents selections from his monumental work that recount the essential moments of the Civil Rights Movement. A masterpiece of storytelling on race and democracy, violence and nonviolence, The King Years delivers riveting tales of everyday heroes whose stories inspire us still. Here is the full sweep of an era that transformed America and continues to offer crucial lessons for today's world. This vital primer amply fulfills Branch's dedication: "For students of freedom and teachers of history."
Issues such as the patentability of scientific ideas, the market for organs and open source software are hotly debated and yet poorly understood. In particular, there is a great need for sound economic theorizing on such issues. There is also a need for a clear and concise exposition of the state-of-the-art of the economics of property rights. This book fulfils these various needs.
Cauca's Indigenous Movement in Southwestern Colombia: Land, Violence, and Ethnic Identity provides a vivid account of how the indigenous communities of Cauca in southwestern Colombia engaged with the Colombian central state. Troyan begins with the question of how 3.4 percent of the Colombian population obtained legal rights to close to a quarter of the national territory. Her in-depth study of the correspondence between the central state and indigenous communities of Cauca reveals that the nation state played a key role in the legitimization of land claims based on ethnic identity. Starting with the indigenous movement led by Manuel Quintin Lame in 1914, this book shows how, in contrast to the local authorities of Cauca, the central state adopted a more sympathetic albeit contradictory approach to indigenous communities' grievances throughout the twentieth century. Land, Violence, and Cauca's Indigenous Movement in Southwestern Colombia presents an examination of state initiatives in the 1930s, 1950s, 1960s, and 1970s toward indigenous communities in Cauca, which sheds light on the political and social construction of Colombian indigenous identity. Troyan also reveals how violence and the representation of violence shaped the conversations between the central state and indigenous communities of Cauca; the central state's inability to exert a monopoly on violence, Troyan argues, places indigenous communities and their leaders in jeopardy despite the discursive legitimization of land claims based on ethnic identity.
While disappointment with South Africa's land reform program is widespread, the discussions as to why and in what way tend to be too general or shallow to be either fully convincing or useful. "Land Reform and Livelihoods" seeks to sharpen our understanding of how land reform does or does not work. In doing so, it helps us appreciate to what extent land reform is contributing to poverty reduction, and to what extent it might contribute to reduce poverty even more if we approached it differently.
The author explores how tribal governments have worked through the constraints of their eroded territory and sovereignty to provide effective leadership and governance.
This treatment of the modern predicament of the Rabha of Kocha people deals with their survival in the forest and their quest for identity. Rabhas are one of India's indigenous people, traditionally practising shifting cultivation in the jungle tracts where the Himalayan mountains meet the plains of Bengal. When the area came under British rule ans was converted into tea gardens and reserved forests, Rabhas were forced to become laboureres under the Forest Department. Today, large-scale illegal deforestation and the global interest in wildlife conservation once again jeopardise the survival of the Rabhas in the forest. The Buxa Tiger Reserve has recently become included in a World Bank programme for ecodevelopment. This description of the development of the Rabha peole covers their ways of coping with the colonial regime of scientific forestry and the depletion of the forest as well as with the present day concerns for wilderness and wildlife restoration and preservation. One of the central points of the book relates to the question of identity. The author discusses the Rabha's ongoing conversion to Christianity and their ethmic mobilisation. The main theoretical issue concerns the
Development organizations are searching for concepts and methods that will enable impacts of development co-operation to be recorded and scientifically tenable, transparent and practicable conclusions to be drawn. They expect the cost of evaluations to be proportional to the project budget. While a standardized set of tools is available for the economic and technical evaluation of projects, methods of covering the social dimension - which are of prime importance for impact analysis - have yet to reach maturity. |
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