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The Rights and Wrongs of Land Restitution: 'Restoring What Was
Ours' offers a critical, comparative ethnographic, examination of
land restitution programs. Drawing on memories and histories of
past dispossession, governments, NGOs, informal movements and
individual claimants worldwide have attempted to restore and
reclaim rights in land. Land restitution programs link the past and
the present, and may allow former landholders to reclaim lands
which provided the basis of earlier identities and livelihoods.
Restitution also has a moral weight that holds broad appeal; it is
represented as righting injustice and healing the injuries of
colonialism. Restitution may have unofficial purposes, like
establishing the legitimacy of a new regime, quelling popular
discontent, or attracting donor funds. It may produce unintended
consequences, transforming notions of property and ownership,
entrenching local bureaucracies, or replicating segregated patterns
of land use. It may also constitute new relations between states
and their subjects. Land-claiming communities may make new claims
on the state, but they may also find the state making unexpected
claims on their land and livelihoods. Restitution may be a route to
citizenship, but it may engender new or neo-traditional forms of
subjection. This volume explores these possibilities and pitfalls
by examining cases from the Americas, Eastern Europe, Australia and
South Africa. Addressing the practical and theoretical questions
that arise, The Rights and Wrongs of Land Restitution thereby
offers a critical rethinking of the links between land restitution
and property, social transition, injustice, citizenship, the state
and the market.
The Rights and Wrongs of Land Restitution: 'Restoring What Was
Ours' offers a critical, comparative ethnographic, examination of
land restitution programs. Drawing on memories and histories of
past dispossession, governments, NGOs, informal movements and
individual claimants worldwide have attempted to restore and
reclaim rights in land. Land restitution programs link the past and
the present, and may allow former landholders to reclaim lands
which provided the basis of earlier identities and livelihoods.
Restitution also has a moral weight that holds broad appeal; it is
represented as righting injustice and healing the injuries of
colonialism. Restitution may have unofficial purposes, like
establishing the legitimacy of a new regime, quelling popular
discontent, or attracting donor funds. It may produce unintended
consequences, transforming notions of property and ownership,
entrenching local bureaucracies, or replicating segregated patterns
of land use. It may also constitute new relations between states
and their subjects. Land-claiming communities may make new claims
on the state, but they may also find the state making unexpected
claims on their land and livelihoods. Restitution may be a route to
citizenship, but it may engender new or neo-traditional forms of
subjection. This volume explores these possibilities and pitfalls
by examining cases from the Americas, Eastern Europe, Australia and
South Africa. Addressing the practical and theoretical questions
that arise, The Rights and Wrongs of Land Restitution thereby
offers a critical rethinking of the links between land restitution
and property, social transition, injustice, citizenship, the state
and the market.
Notions of land and agrarian reform are now well entrenched in
post-apartheid South Africa. But what this reform actually means
for everyday life is not clearly understood, nor the way it will
impact on the political economy. In the Shadow of Policy explores
the interface between the policy of land and agrarian reform and
its implementation; and between the decisions of policy 'experts'
and actual livelihood experiences in the fields and homesteads of
land reform projects. Starting with an overview of the
socio-historical context in which land and agrarian reform policy
has evolved in South Africa, the volume presents empirical case
studies of land reform projects in the Northern, Western and
Eastern Cape provinces. These draw on multiple voices from various
sectors and provide a rich source of material and critical
reflections to inform future policy and research agendas. In the
Shadow of Policy will be a key reference tool for those working in
the area of development studies and land policy, and for civil
society groups and NGOs involved in land restitution.
Who controls the land and minerals in the former Bantustans of
South Africa - chiefs, the state or landholders? Disputes are
taking place around the ownership of resources, decisions about
their exploitation and who should benefit. With respect to all of
these issues, the courts have become increasingly important. The
contributors to Land, Law and Chiefs in Rural South Africa capture
some of these intense contestations over land, law and political
authority, focussing on threats to the rights of ordinary people.
History and customary law feature strongly in most disputes and
succession to chieftaincy is also frequently disputed. Judges have
to make decisions in a context where rival claimants to property or
office assert their own versions of history and custom. The South
African constitution recognises customary law and the courts are
attempting to incorporate and develop this branch of jurisprudence
as 'living customary law'. Lawyers, community leaders and academics
are called on to assist in researching cases around restitution,
land rights and customary law. The chapters in this collection
discuss legal cases and policy directions that have evolved since
1994. Some chapters analyse the increasing power of chiefs in the
South African rural areas, while others suggest that the courts are
giving support to popular rights over land and supporting local
democratic processes. Contributors record significant pushback from
groups that reject traditional authority. These political tensions
are a central theme of the collection and thus serve as vital case
studies in furthering our understanding of rights and restitution
in South Africa.
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