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Journal articles on the topic 'Restitution of land rights'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Donaldson, Ronnie, Glen Hyman, David Chang, et al. "Urban land restitution in Cape Town: demanding the return of land rights in Constantia and Kensington/Ndabeni." Bulletin of Geography. Socio-economic Series 26, no. 26 (2014): 107–20. http://dx.doi.org/10.2478/bog-2014-0048.

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Abstract One of the hallmark policies implemented post-apartheid, the Restitution of Land Rights Act 22 of 1994, is a rights-based program aimed at addressing the loss of land resulting from past racially discriminatory laws or practices. The aim of this research was to identify what are the factors that determine the different outcomes of the restitution process when claimants are demanding the return of land rights and to highlight the challenges regarding the implementation of this land restitution policy. Focusing on two specific yet contrasting areas in Cape Town, Constantia and Kensingto

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2

Zivanovic-Miljkovic, Jelena, and Vesna Popovic. "Land use regulation and property rights regime over land in Serbia." Spatium, no. 32 (2014): 22–27. http://dx.doi.org/10.2298/spat1432022z.

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Starting from the fact that land use regulations can directly affect assignment and reassignment of property rights over land, the authors examine the link between land use regulation and property rights in Serbia by analyzing relevant literature, as well as legislation and regulations. Current legal framework that regulates property rights over land is inconsistent in many parts, while the effects of land use regulations are very dependent on structural institutional transformations and interdependent on property rights. In this regard, the paper gives a critical overview of framework of prop

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3

Boisen, Camilla. "From land dispossession to land restitution: European land rights in South Africa." Settler Colonial Studies 7, no. 3 (2016): 321–39. http://dx.doi.org/10.1080/2201473x.2016.1139861.

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4

Verdery, Katherine. "Elasticity of Land: Problems of Property Restitution in Transylvania." Slavic Review 53, no. 4 (1994): 1071–109. http://dx.doi.org/10.2307/2500847.

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"Land doesn't expand and it doesn't contract; we'll find your piece of it."(Judge in a court case over land)"Hey! Since when did my garden shrink?" "It didn't shrink, it stretched."(Two neighbors arguing over the boundary between their gardens)"The day will come when a man will go out into his field and not know where it begins or ends."(Biblical reference by villagers to the imminent end of the world)In memory of loan AluaşIn February 1991 the Romanian Parliament passed a law for the restoration of land to its former owners. Known as Law 18/1991, the Law on Agricultural Land Resources (Legea

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5

Van Ho, Tara L. "Is it Already Too Late for Colombia’s Land Restitution Process?" International Human Rights Law Review 5, no. 1 (2016): 60–85. http://dx.doi.org/10.1163/22131035-00501003.

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Approximately five million people were forcefully displaced by the civil war in Colombia. The 2011 Colombian Victims’ Law is intended to provide property restitution to some of the individuals displaced as a result of human rights and humanitarian law violations. During the conflict, however, land titles and property rights were transferred to corporations, including foreign corporations protected by international investment law. The impact of the restitution process outlined in the Victims’ Law on foreign corporations raises concerns that international investment law may inhibit the full real

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6

Cramer, Christopher, and Elisabeth Jean Wood. "Introduction: Land rights, restitution, politics, and war in Colombia." Journal of Agrarian Change 17, no. 4 (2017): 733–38. http://dx.doi.org/10.1111/joac.12239.

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7

Rajnović, Ljiljana, Snežana Cico, and Zoran Brljak. "Restitution of agricultural land in Serbia: Comparative legal aspects." Ekonomika poljoprivrede 67, no. 4 (2020): 1353–66. http://dx.doi.org/10.5937/ekopolj2004353r.

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The idea of returning the confiscated property to the previous owners in the Republic of Serbia arose as a process that included all the countries of Eastern Europe and other countries of the former Communist system in which mostly state property existed. Restitution is part of the transition process, which implies comprehensive changes in the state, including privatization of the state sector and market operations on the principles of private property, but also as a need to correct the injustice done to former owners of confiscated property. According to Serbian legislation, restitution is ob

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8

Unruh, Jon. "Property Restitution Laws in a Post-War Context: The Case of Mozambique." African Journal of Legal Studies 1, no. 3 (2005): 147–65. http://dx.doi.org/10.1163/221097312x13397499736183.

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AbstractPost-war reconstruction environments involve particular contexts within which legal reform must operate in order to facilitate the peace process, recovery, and development. Land and property restitution after a war is an important but difficult issue for the integrity of the process, given the chaotic rights environment created by war and the limited financial, personnel, and institutional resources of governments recovering from war. This article examines Mozambique's experience with the creation of a land and property restitution legal regime within a post-war context that includes:

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9

Ashamu, Elizabeth. "Centre for Minority Rights Development (Kenya) and Minority Rights Group International on Behalf of Endorois Welfare Council v Kenya: A Landmark Decision from the African Commission." Journal of African Law 55, no. 2 (2011): 300–313. http://dx.doi.org/10.1017/s0021855311000155.

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AbstractThis is the first judgment from the African Commission on Human and Peoples' Rights to address the rights of indigenous peoples and their claims to land and natural resources. It is also the first ruling by an international tribunal which finds a violation of the right to development. The Commission examined the Kenyan government's eviction of the indigenous Endorois community from their ancestral land around Lake Bogoria to establish a game reserve. Finding violations of the rights of the Endorois to religion, culture, property, natural resources and development, the Commission called

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10

Pienaar, JM. "ASPECTS OF LAND ADMINISTRATION IN THE CONTEXT OF GOOD GOVERNANCE." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 2 (2017): 14. http://dx.doi.org/10.17159/1727-3781/2009/v12i2a2726.

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This paper explores aspects of land administration where public funding and interests necessitate the application of good governance practices. The South African land reform programme is divided in three sub-programmes, namely land restitution, land redistribution and tenure reform. Land reform is a vast subject, based on policy, legislation and case law. Therefore it is impossible to deal with good governance principles over the wide spectrum of land reform. Special attention is however given to the land restitution programme in terms of the Restitution of Land Rights Act 22 of 1994 and tenur

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11

Strecker, Amy. "Revival, Recognition, Restitution: Indigenous Rights in the Eastern Caribbean." International Journal of Cultural Property 23, no. 2 (2016): 167–90. http://dx.doi.org/10.1017/s0940739116000096.

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Abstract:The idea that the indigenous peoples of the Caribbean islands became extinct has until recently dominated scholarly discourse and popular awareness. This “extinction” narrative served to justify the appropriation of indigenous lands during the colonial period, and its legacy continued into post-independence. In recent years, these misconceptions have been put under increasing scrutiny, not only by archaeological, historical, and ethnographic research but also, more importantly, by communities themselves. In Dominica, Saint Vincent, and Trinidad, communities are contesting negative ste

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12

Duffy, Aoife. "Indigenous Peoples' Land Rights: Developing a Sui Generis Approach to Ownership and Restitution." International Journal on Minority and Group Rights 15, no. 4 (2008): 505–38. http://dx.doi.org/10.1163/157181108x374789.

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AbstractIndigenous peoples experience some of the highest levels of poverty and marginalisation in the world. Land dispossession, forcible relocation and assimilationist programmes contributed to the destruction of indigenous peoples' social and political structures, resulting in physical and spiritual dislocation. Indigenous peoples' contemporary situation is understood by examining their historico-political and legal location, for example, colonial conquests underpinned by dubious legal doctrines, such as terra nullius and uti possidetis which crystallised European borders at decolonisation.

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13

Du Plessis, Elmien. "Application of Section 30 of the Restitution of Land Rights Act in the Courts: Some Guidelines." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 19, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3269.

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In terms of section 30 of the Restitution of Land Rights Act, the court is allowed to "admit any evidence, including oral evidence, which it considers relevant and cogent to the matter being heard by it, whether or not such evidence would be admissible in any other court of law". This means that the normal rules of evidence can be relaxed in the case of restitution claims. This articles analyses the way in which courts have dealt with the section, with a specific focus on oral histories. The paper also makes a few suggestions as to how courts can better grapple with the question in the future,

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14

Muthama, Dennis Mbugua, Erin Tompkins, and Michael Barry. "Conflict between Indigenous land claims and registered title: case studies from Canada and Kenya." Geomatica 73, no. 1 (2019): 15–27. http://dx.doi.org/10.1139/geomat-2018-0019.

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Two case narratives illustrate the difficulties in resolving historical land restitution in different contexts. Cases from Canada and Kenya illustrate how different land conflicts between Indigenous land rights and registered title may be addressed. In Canada, Williams Lake involved an Indigenous community with a long settlement history in the region with a claim going back to early European settlement. In Kenya, Waitiki Farm involved a post-colonial population established by local Indigenous and migrant groups. The Williams Lake decision resulted in a First Nations land claim being settled in

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15

Hall, Ruth. "Land Restitution in South Africa: Rights, Development, and the Restrained State." Canadian Journal of African Studies / Revue Canadienne des Études Africaines 38, no. 3 (2004): 654. http://dx.doi.org/10.2307/4107260.

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Hall, Ruth. "Land Restitution in South Africa: Rights, Development, and the Restrained State." Canadian Journal of African Studies / Revue canadienne des études africaines 38, no. 3 (2004): 654–71. http://dx.doi.org/10.1080/00083968.2004.10751302.

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17

Du Plessis, A. "Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 9, no. 1 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2006/v9i1a2809.

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Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well as in the social and economic empowerment of previously marginalised groups. For many, the true test for political transformation will be whether land needs (including protection of and care for the environment) are addressed effectively and in a sustainable manner. In recent years, however, government’s addressing of land needs has become a highly controversial issue, especial

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18

Meertens, Donny. "La dimensión de género en el desplazamiento interno: respuestas institucionales en el caso colombiano." Deusto Journal of Human Rights, no. 9 (December 11, 2017): 41. http://dx.doi.org/10.18543/aahdh-0-2011pp41-52.

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<p>This article explores the notions of «gender equity» and «gender justice» in the context of responses to forced displacement, particularly in the last phase oriented towards «sustainable solutions», «socio-economic stabilization», «reintegration» or «return». At this stage, the recognition of the displaced population as «<em>victims of violent conflict</em>» has been the subject of intense debate. One of the most sensitive areas of «delivering justice» to the displaced population is the restitution of land and housing as part of a reparations programme. However, displaced

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19

del Pilar Peña-Huertas, Rocío, Luis Enrique Ruiz-González, Ricardo Álvarez-Morales, and María Mónica Parada-Hernández. "Restitution Judges: A Starting Point for an Agrarian Jurisdiction as a Guarantee of Non-repetition in Colombia." International Human Rights Law Review 6, no. 1 (2017): 86–108. http://dx.doi.org/10.1163/22131035-00601004.

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The Colombian government and the main guerrilla, the farc, signed a peace agreement in November 2016. The establishment of an agrarian jurisdiction is one of the settlements they have reached. This article evaluates the already existing capacities the Colombian state has developed, based on an analysis of the ongoing land restitution process. Based on an analysis of some judicial decisions taken in the context of this process, and on three in-depth interviews with judicial operators involved in it, the article makes two main findings: the procedural innovations of the land restitution process

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20

McKay, Ben M. "Democratising land control: towards rights, reform and restitution in post-conflict Colombia." Canadian Journal of Development Studies / Revue canadienne d'études du développement 39, no. 2 (2017): 163–81. http://dx.doi.org/10.1080/02255189.2017.1364621.

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21

Dostal, Caroline, Anke Strauss, and Leopold von Carlowitz. "Between Individual Justice and Mass Claims Proceedings: Property Restitution for Victims of Nazi Persecution in Post-Reunification Germany." German Law Journal 15, no. 6 (2014): 1035–70. http://dx.doi.org/10.1017/s207183220001926x.

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German history of the twentieth century offers a rich resource of precedent for property restitution and compensation programs. The Federal Republic of Germany instituted different mass claims proceedings shaped to “reverse” or mitigate violations of property rights that took place as part of (a) the persecutions by the Nazi regime from 1933 to 1945, (b) the Land Reform (Bodenreform) during the Soviet occupation of East German territories from 1945 to 1949, and (c) the nationalization activities of the German Democratic Republic (GDR) from 1949 to 1990. Except for cases under the Land Reform i

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22

Xaba, Mzingaye Brilliant. "Rights to land: a guide to tenure upgrading and restitution in South Africa." Journal of Contemporary African Studies 38, no. 4 (2020): 649–52. http://dx.doi.org/10.1080/02589001.2020.1823339.

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23

Cousins, Ben. "Rights to Land: A Guide to Tenure Upgrading and Restitution in South Africa." South African Historical Journal 73, no. 1 (2021): 187–95. http://dx.doi.org/10.1080/02582473.2021.1896571.

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24

Unruh, Jon D. "Weaponization of the Land and Property Rights system in the Syrian civil war: facilitating restitution?" Journal of Intervention and Statebuilding 10, no. 4 (2016): 453–71. http://dx.doi.org/10.1080/17502977.2016.1158527.

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25

Mičurová, V. "Development of structure and exploitation of agriculture land fund in Latvia." Agricultural Economics (Zemědělská ekonomika) 49, No. 4 (2012): 179–83. http://dx.doi.org/10.17221/5376-agricecon.

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Agriculture is a&nbsp;sector in Latvia which plays an important role in the country&rsquo;s economy and the same time performs a&nbsp;significant social, environmental and ethno-cultural function. Latvia has favourable conditions for the development of organic agriculture. The aim of land reform is to reorganise legal, social and economic relationships of land property and land use to facilitate the development of infrastructure, land protection and rational land use according to the interests of society. In Latvia, the land reform is practically carried out in three directions &am

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26

James, Deborah. "Burial Sites, Informal Rights and Lost Kingdoms: Contesting Land Claims in Mpumalanga, South Africa." Africa 79, no. 2 (2009): 228–51. http://dx.doi.org/10.3366/e0001972009000709.

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In the new South Africa, the promise of land restitution raised millennial-style expectations amongst dispossessed and dispersed former landholders. Partly prompted by emerging policy discourses, iconic tropes of localized cultural experience such as grave sites, initiation lodges and cattle byres acquired new significance. Because they proved what the Land Claims Commission calls ‘informal rights’ to land, they became verifiable evidence of effective possession, and thus grounds on which to claim the restoration of such land. The meaning of land, the nature of ownership and the legitimacy of

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27

Carey Miller, D. L., and Anne Pope. "South African land reform." Journal of African Law 44, no. 2 (2000): 167–94. http://dx.doi.org/10.1017/s0021855300012201.

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This article looks at the essential features and the effects of the South African land reform initiatives launched in the mid-1990s. After examining the context in which these initiatives have taken place, it deals separately with the three subprogrammes of land reform, namely, land restitution, land redistribution and land tenure reform. It discusses two particular features of the programme: its provision of title to millions of South Africans and its adjustment of the correlative position between the landowner and the holder of a lesser possessory or occupational right.

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deClaissé-Walford, Nancy. "The importance of “place” in Book Five of the Psalter." Review & Expositor 114, no. 2 (2017): 176–82. http://dx.doi.org/10.1177/0034637317700413.

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In August of 2016, the Faculty of Theology at the University of Pretoria in South Africa held a joint conference with the University’s Faculty of Law on the topic of “Land and Land Rights in South Africa.” Restitution of land to those displaced by the settlement of non-Africans in South Africa became a topic at the end of apartheid, and it is still an issue today. The conference in Pretoria was very enlightening and highlighted the difficult issues, legal, ethical, financial, and so forth, surrounding the topic. As a student of the book of Psalms, I offered an examination of the concept of lan

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Beyers, Christiaan. "Land Restitution's ‘Rights Communities’: The District Six Case*." Journal of Southern African Studies 33, no. 2 (2007): 267–85. http://dx.doi.org/10.1080/03057070701292582.

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30

Stubblefield, Emily, and Sandra Joireman. "Law, Violence, and Property Expropriation in Syria: Impediments to Restitution and Return." Land 8, no. 11 (2019): 173. http://dx.doi.org/10.3390/land8110173.

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After eight years of civil war, parts of Syria are now free from conflict. In recognition of the return to peace, the government officially welcomes back all who fled the country to escape violence. Yet, a pattern of property expropriation supported by the government during the war limits the ability of some to return and reclaim their homes and businesses. We argue here that intentional changes to law and policy regarding property rights during the war has led to asset losses for members of groups opposed to the government and created a barrier to property restitution and the return of these

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Montoya Londoño, Catalina, and Maryluz Vallejo Mejía. "Development vs peace? The role of media in the Law of Victims and Land Restitution in Colombia." Media, War & Conflict 11, no. 3 (2017): 336–57. http://dx.doi.org/10.1177/1750635217710677.

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The Law of Victims and Land Restitution, ratified in June 2011 and enforced since January 2012, constitutes an unprecedented attempt to end armed conflict in Colombia by applying a transitional justice framework and fostering rural development. Drawing on a methodology that integrates framing and rhetorical analysis, this article analyses the role of seven national and local Colombian newspapers in promoting governmental or alternative actors and frames regarding institutional, developmental, and peace and human rights agendas linked to this legislation. In addition, it evaluates the influence

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Unruh, Jon D. "Evidencing the restitution landscape: Pre-emptive and advance techniques for war-torn land and property rights reacquisition." Land Use Policy 38 (May 2014): 111–22. http://dx.doi.org/10.1016/j.landusepol.2013.10.022.

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33

Waddy, Nicholas L. "Affirmative Action versus Nonracialism in the New South Africa." African Issues 32, no. 1-2 (2003): 1–8. http://dx.doi.org/10.1017/s1548450500006570.

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Last year, a distant cousin, who also happens to be a white South African, sent me a fascinating article from her local newspaper. The article was about her husband’s family, the Moores, and specifically about a claim the family made recently with South Africa’s Commission on Restitution of Land Rights (see Segar 2003). The claim is remarkable, because it has been one of the few lodged by white South Africans to obtain compensation for land that was taken from them under the apartheid regime. It seems that in 1965, several trading stores that had been owned by the Moores since the 1880s were c

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Koryachentsova, Svetlana Igorevna. "Separate aspects of prosecutorial supervision over the urban development legislation and restitution for damages caused by urban development decisions." Административное и муниципальное право, no. 4 (April 2020): 1–10. http://dx.doi.org/10.7256/2454-0595.2020.4.32596.

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This article makes an attempt to describe the peculiarities of regulation of urban development decisions and management in the sphere of urban development, as well as determine contradictory mechanisms of protection of the rights of landholders through restitution for damages in terms of modification of a number of urban development documents. The subject of this article is the theoretical and legal grounds of the activity of prosecutorial authorities in supervising the execution of laws in the sphere of urban development. The object of this research is the legal relations established in the p

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Mukasa, Norman. "The Batwa Indigenous People in Uganda and their Detachment from Forest Livehood: Land Eviction and Social Plight." Deusto Journal of Human Rights, no. 10 (December 11, 2017): 71. http://dx.doi.org/10.18543/aahdh-0-2012pp71-84.

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<p>With an aim of examining consequences of eviction and restriction the Batwa’s access to Bwindi and Mgahinga protected areas, the paper reviews available literature on the Batwa indigenous people’s statuses, rights and socioeconomic livelihood especially following the 1991 Bwindi and Mgahinga eviction instrument. The review indicates that their eviction exemplified failure by the government to consult, compensate and involve the Batwa community as indigenous people before expropriation of their land. Secondly, the paramilitary nature of eviction disconnected them from their forest dwel

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Bejtja, Saida, and Dritan Bejtja. "Comparative Study in Central and Eastern Europe Regarding Restitution/Compensation Process." European Journal of Economics and Business Studies 1, no. 1 (2015): 31. http://dx.doi.org/10.26417/ejes.v1i1.p31-45.

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The aim of this paper is to analyze the transformations that occurred in the area of private property ownership following the change of political regime in former socialist or communist countries. The six countries looked at are: Albania, Bulgaria, Croatia, Romania and Serbia. These countries illustrate well the whole range of contentious problems in a region where the Communist regimes have varied tremendously in their approach to private property, intensity of social control, repression and overall legitimacy. This diversity of situations poses today different types of dilemmas for the prope

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Olivier, Nic, Clara Williams, and Pieter Badenhorst. "Competing Preferent Community Prospecting Rights: A Nonchalant Custodian?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (January 3, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1213.

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Traditional communities that were precluded from the benefits and financial rewards of exploitation of the mineral resources of South Africa are afforded the opportunity to lodge an application with the Department of Mineral Resources (hereafter the department) to obtain a so-called preferent prospecting right (or mining right) in respect of land which is registered - or to be registered - in their name. An applicant on behalf of the community has to meet the requirements of section 104(2) of the Mineral and Petroleum Resources Development Act 28 of 2002 (hereafter the MPRDA). This in line wit

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Kamau, Claude. "Transitional Justice as a Path to Distributive Justice: A Jurisprudential and Legal Case for Land Restitution in Kenya." Strathmore Law Review 1, no. 1 (2016): 25–52. http://dx.doi.org/10.52907/slr.v1i1.82.

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Rawls’ theory of distributive justice may serve as a useful model in conceptualizing a model of the ideal political economy – one that seeks to keep inequalities that have come about as a result of natural accident to a minimum. Moreover, his principles of justice can be used correctively, to address institutional inequalities that have the effect of entrenching social dislocation. Kenya has, over the decades up until now, been riven by injustices relating to land. This has led to the development of a small cluster of landed elites while the majority of citizens are effectively denied land acc

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Layton, Robert. "The rights and wrongs of land restitution: ‘restoring what was ours’- Edited by Derick Fay & Deborah James." Journal of the Royal Anthropological Institute 16, no. 4 (2010): 928–29. http://dx.doi.org/10.1111/j.1467-9655.2010.01661_21.x.

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Cavanagh, Edward. "Land Rights that Come With Cut-Off Dates: A Comparative Reflection On Restitution, Aboriginal Title, and Historical Injustice." South African Journal on Human Rights 28, no. 3 (2012): 437–57. http://dx.doi.org/10.1080/19962126.2012.11865055.

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41

WALKER, CHERRYL. "The Rights and Wrongs of Land Restitution: ‘Restoring What was Ours’- Edited by Derick Fay and Deborah James." Journal of Agrarian Change 10, no. 4 (2010): 581–84. http://dx.doi.org/10.1111/j.1471-0366.2010.00267.x.

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McCallin, Barbara. "Housing, Land and Property in Conflict and Displacement Settings." Deusto Journal of Human Rights, no. 9 (December 11, 2017): 29. http://dx.doi.org/10.18543/aahdh-0-2011pp29-40.

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<p>Housing and land are the main things that displaced persons lose when they are forced to leave their places of origin. Once peace and security has been restored in the country, IDPs often find it difficult to reclaim their homes and lands that have been either destroyed or occupied by others. This is a common feature in almost all post-conflict situations. And it is a major obstacle to the establishment of other durable solutions. The tensions in property disputes pose a serious threat to post-conflict stabilisation. This article discusses the importance of issues relating to housing,

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USHER, BRETT. "Durham and Winchester Episcopal Estates and the Elizabethan Settlement: A Reappraisal." Journal of Ecclesiastical History 49, no. 3 (1998): 393–406. http://dx.doi.org/10.1017/s0022046998007751.

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In his brief account of James Pilkington, bishop of Durham, F. O. White created an enduring myth. Citing only two documents from the state papers, he proposed the following scenario:“Though Bishop Pilkington was a great iconoclast, he was a vigorous maintainer of the rights and property of his see. Shortly after his consecration he had received a partial restitution of his temporalities, but the restitution of the remainder was long delayed, it being felt by the queen and her ministers that the spiritual and temporal power of the Bishops of Durham was excessive.Pilkington appears to have so pe

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van der Haar, Gemma, and Mathijs van Leeuwen. "War-Induced Displacement: Hard Choices in Land Governance." Land 8, no. 6 (2019): 88. http://dx.doi.org/10.3390/land8060088.

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Civil war and violence often force large numbers of people to leave their lands. Multiple waves of displacement and (partial) return generate complex overlapping claims that are not easily solved. As people return to their regions of origin—sometimes after decades—they tend to find their land occupied by other settlers, some of whom hold legal entitlements. In the places of arrival, displaced people affect other people’s access as they seek to turn their temporary entitlements into more definite claims. The overlapping claims related to displacement pose serious dilemmas to land governance, wh

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Zamiatała, Dominik. "priMAte WySZyńSKi tOWArDS pOLiSH." Studia Theologica Varsaviensia 56, no. 2 (2019): 201–13. http://dx.doi.org/10.21697/stv.61.2.12.

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Primate S. Wyszyński was interested in each symptom of social and religious life of the society in the Western Lands. Thanks to his frequent visitations he knew Church, social and national reality in this area very well. He also noticed an important role of the Church in its mission to unite these lands with “homeland”. Primate was not doubtful that these lands fairly belonged to Poland. The assignment of these lands to Poland was perceived by him as not only the recognition of historical rights, but also as “Divine restitution”, as an expression of justice for Poland being harmed by the Germa

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Coronado, Sergio. "Rights in the Time of Populism: Land and Institutional Change Amid the Reemergence of Right-Wing Authoritarianism in Colombia." Land 8, no. 8 (2019): 119. http://dx.doi.org/10.3390/land8080119.

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In Colombia, right-wing leadership returned to power after winning the presidential elections in 2018 in a campaign in which they opposed the previous government, primarily because of the negotiations and peacemaking with the FARC-EP (Fuerzas Armadas Revolucionarias de Colombia—Ejército del Pueblo ‘Armed Revolutionary Forces of Colombia—People’s Army’), Colombia’s largest guerrilla organization. Globally, there is a vibrant academic debate about how to characterize the current rise of right-wing populism or authoritarianism, but more profound insights from each country’s situation and its poli

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Rico Chavarro, Didima. "Intervención de la fuerza pública en el proceso de restitución de tierras de las víctimas del conflicto armado." Criterio Jurídico Garantista 8, no. 13 (2016): 108–29. http://dx.doi.org/10.26564/21453381.585.

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En este artículo se identifica a la fuerza pública como ac- tor del conflicto armado colombiano, y se cuestiona su intervención como parte determinante en la focalización de los predios a restituir y las consecuencias para el desa- rrollo de los acuerdos de Paz de La Habana. El significado y alcance de la restitución de tierras a las víctimas del conflicto armado encuentra fundamento en el desarrollo del derecho a la paz, en el marco de la justicia transicional, los avances jurisprudenciales y los propósi- tos de la ley que prioriza la seguridad para la restitución de las tierras.In th

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Feinberg, H. M. "South Africa and Land Ownership: What's in a Deed?" History in Africa 22 (January 1995): 439–43. http://dx.doi.org/10.2307/3171925.

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The subject of African land ownership is and will continue to be a highly emotional issue of great importance in the new South Africa. Africans and Afrikaners alike have strong historical ties to the land. Thousands of Africans owned land outside the Reserves before 1948. These landowners included large numbers of Africans who purchased over 3,000 farms and lots between 1913 and 1936 in the Transvaal, Natal, and even the Orange Free State (plus uncounted African buyers in the Cape Province). Individuals, tribal groups, or people organized into partnerships owned land. In the 1990s Africans com

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Karp, Judith. "Restitution of Victims by the Offenders." Israel Law Review 30, no. 3-4 (1996): 331–39. http://dx.doi.org/10.1017/s0021223700015132.

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It is with great pleasure that I address you today at this Conference in Jerusalem. I believe that there is a profound symbolic meaning in putting the subject of victims of crime on the agenda of a conference in Israel, the homeland and the state of a people who, throughout history, have experienced much victimization.Unfortunately, it seems that the historical collective experience of victimization does not necessarily enhance the understanding of the phenomenon of victims of crime — neither that of secondary victimization by the criminal justice system itself nor the responsibility of societ

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Arraiza, José-María. "Squaring Indigenous Circles: The Making of Nicaragua’s Indigenous Communal Property Regime." International Journal on Minority and Group Rights 19, no. 1 (2012): 69–103. http://dx.doi.org/10.1163/157181112x620546.

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International standards on indigenous peoples contain a theoretical promise of spatial empowerment and traditional governance as part of autonomy which in practice is not absent of conflict and human rights concerns. Western “square” individual property rights conceptions are confronted with “circular” communal property relations. Legitimate interests of indigenous communities conflict with non-indigenous ones. The communal administration of the land is to be balanced with environmental protection. This article problematizes these dilemmas by analyzing the development of a communal property sy

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