Land Conflict And Justice

in territory and justice." --Book Jacket.

Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

On 28 February 2006, the Six Nations of the Grand River blocked workers from entering a half-built housing development in southern Ontario. They renamed the land Kanonhstaton, “the protected place.” The protest drew national and international attention to the issue of Aboriginal land rights and sparked a series of ongoing events known as the “Caledonia Crisis.” Laura DeVries’ powerful account of the dispute links the actions of police, governmental officials, and locals to entrenched non-Aboriginal discourses about law, landscape, and identity. It encourages non-Aboriginal Canadians to reconsider their assumptions – to view “facts” such as the rule of law as culturally specific notions that prevent truly equitable dialogue. DeVries not only reveals the conflicting visions of justice held by various parties to the dispute, she also seeks out possible solutions in alternative conceptualizations of sovereignty over land and law embedded in the Constitution.

A Little Piece Of Ground will help young readers understand more about one of the worst conflicts afflicting our world today. Written by Elizabeth Laird, one of Great Britain’s best-known young adult authors, A Little Piece Of Ground explores the human cost of the occupation of Palestinian lands through the eyes of a young boy. Twelve-year-old Karim Aboudi and his family are trapped in their Ramallah home by a strict curfew. In response to a Palestinian suicide bombing, the Israeli military subjects the West Bank town to a virtual siege. Meanwhile, Karim, trapped at home with his teenage brother and fearful parents, longs to play football with his friends. When the curfew ends, he and his friend discover an unused patch of ground that’s the perfect site for a football pitch. Nearby, an old car hidden intact under bulldozed building makes a brilliant den. But in this city there’s constant danger, even for schoolboys. And when Israeli soldiers find Karim outside during the next curfew, it seems impossible that he will survive. This powerful book fills a substantial gap in existing young adult literature on the Middle East. With 23,000 copies already sold in the United Kingdom and Canada, this book is sure to find a wide audience among young adult readers in the United States.

This book is the first to explore the largely unknown world of rural crime and justice in post-emancipation Imperial Russia. Drawing upon previously untapped provincial archives and a wealth of other neglected primary material, Stephen P. Frank offers a major reassessment of the interactions between peasantry and the state in the decades leading up to World War I. Viewing crime and punishment as contested metaphors about social order, his revisionist study documents the varied understandings of criminality and justice that underlay deep conflicts in Russian society, and it contrasts official and elite representations of rural criminality—and of peasants—with the realities of everyday crime at the village level.

Essential reading for those interested in questions of justice and cultural representation, Land/Relations speaks to and moves beyond the critical junctures in the study of Canadian literatures today. In the aftermath of the Truth and Reconciliation Commission and following Canada’s sesquicentennial, Land/Relations presents a collaborative effort at what Smaro Kamboureli and Larissa Lai call “counter-memory,” a collective effort to recognise “relationships that have always been”—between peoples, between humanity and other living forms, between us and the land—in an effort to avoid erasure, loss, and trauma. Twenty influential literary critics engage a variety of genres—essay, life writing, testament, polemic, poetry—to explore the ways Canadian cultural production has been shaped by social and historical relations and can be given new and various forms to decolonize the institutions associated with the creation of this country’s vision of Canadian literature.

This collection clarifies the background of land and property problems in conflict-affected settings, and explores appropriate policy measures for peace-building. While land and property problems exist in any society, they can be particularly exacerbated in conflict-affected settings – characterized by unstable security, weak governance, loss of proper documentation as well as the return of refugees and Internally Displaced Persons. Unless these problems are properly addressed, they can destabilize fragile political order and hinder economic recovery. Although tackling land and property problems is an important challenge for peace-building, it has been relatively neglected in recent debates about liberal peace-building as a result of the strong focus on state-level institution building, such as security sector reforms and transitional justice. Using rich original data from eight conflict-affected countries, this book examines the topic from the viewpoint of State-society relationship. In contrast to previous literature, this volume analyses land and property problems in conflict-afflicted areas from a long-term perspective of state-building and economic development, rather than concentrating only on the immediate aftermath of the conflict. The long-term perspective enables not only an understanding of the root causes of the property problems in conflict-affected countries, but also elaboration of effective policy measures for peace. Contributors are area specialists and the eight case study countries have been carefully selected for comparative study. The collection applies a common framework to a diverse group of countries – South Sudan, Uganda, Rwanda, Burundi, Cambodia, Timor-Leste, Colombia, and Bosnia-Herzegovina.

This book presents a timely review of the relations between the formal and customary justice systems in Ethiopia, and offers recommendations for legal reform. The book provides cases studies from all the Region of Ethiopia based on field research on the working of customary dispute resolution (CDR) institutions, their mandates, compositions, procedures and processes. The cases studies also document considerable unofficial linkages with the state judicial system, and consider the advantages as well as the limitations of customary institutions with respect to national and international law. The editor's introduction reviews the history of state law and its relations with customary law, summarises the main findings by region as well as as on inter-ethnic issues, and draws conclusions about social and legal structures, principles of organization, cultural concepts and areas, and judicial processes. The introduction also addresses the questions of inclusion and exclusion on the basis of gerontocratic power, gender, age and marginalised status, and the gradual as well as remarkable recent transformations of CDR institutions. The editor's conclusion reviews the characteristics, advantages and limitations of CDR institutions. A strong case is made for greater recognition of customary systems and better alliance with state justice, while safeguarding individual and minority rights. The editors suggest that the current context of greater decentralization opens up opportunities for pratical collaboration between the systems by promoting legal pluralism and reform, thereby enhancing local level justice delivery. The editors conclude by proposing a range of options for more meaningful partnership for consideration by policy makers, the legal profession and other stakeholders. In memory of Aberra Jembere and Dinsa Lepisa. Cover: Elders at peace ceremony in Arbore, 1993.