Land Memory Reconstruction And Justice

Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice. A valuable contribution to the field of land and agrarian studies, both in South Africa and internationally, it is undoubtedly the most comprehensive treatment to date of South Africa’s postapartheid land claims process and will be essential reading for scholars and students of land reform for years to come.

In South Africa land is one of the most significant and controversial topics. Land restitution has been a complex, multidimensional process that has failed to meet the expectations with which it was initially launched in 1994. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice.

The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government's program of land restitution since the end of apartheid. Land reform (and land restitution within that) remains a highly charged issue in South Africa, one that deserves more in-depth analysis. Drawing on her experience as Rural Land Claims Commissioner in KwaZulu-Natal from 1995 to 2000, Professor Cherryl Walker provides a multilayered account of land reform in South Africa, one that covers general critical commentary, detailed case material, and personal narrative. She explores the master narrative of loss and restoration, which has been fundamental in shaping the restitution program; offers a critical overview of the achievements of the program as a whole; and discusses what she calls the "non-programmatic limits to land reform," including urbanization, environmental constraints and the impact of HIV/AIDS.

Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order. Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justice Covers a wide range of situations, and presents a broad range of sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ have been declared after periods of violence Addresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Archives, Recordkeeping, and Social Justice expands the burgeoning literature on archival social justice and impact. Illuminating how diverse factors shape the relationship between archives, recordkeeping systems, and recordkeepers, this book depicts struggles for different social justice objectives. Discussions and debates about social justice are playing out across many disciplines, fields of practice, societal sectors, and governments, and yet one dimension cross-cutting these actors and engagement spaces has remained unexplored: the role of recordkeeping and archiving. To clarify and elaborate this connection, this volume provides a rigorous account of the engagement of archives and records—and their keepers—in struggles for social justice. Drawing upon multidisciplinary praxis and scholarship, contributors to the volume examine social justice from historical and contemporary perspectives and promote impact methodologies that align with culturally responsive, democratic, Indigenous, and transformative assessment. Underscoring the multiplicity of transformative social justice impacts influenced by recordmaking, recordkeeping, and archiving, the book presents nine case studies from around the world that link the past to the present and offer pathways towards a more just future. Archives, Recordkeeping, and Social Justice will be an essential reading for researchers and students engaged in the study of archives, truth and reconciliation processes, social justice, and human rights. It should also be of great interest to archivists, records managers, and information professionals.

In the context of sustainable development, recent land debates tend to construct two porous camps. On the one side, norms of land justice and their advocates dictate that people’s rights to tenure security are tantamount and even sometimes key to successful conservation practice. On the other hand, biodiversity protection and conservation advocates, supported by global environmental organizations and states, remain committed to conservation strategies, steeped in genetics and biological sciences, working on behalf of a "global" mandate for biodiversity and climate change mitigation. Land Rights, Biodiversity Conservation and Justice seeks to illuminate struggles for land and territory in the context of biodiversity conservation. This edited volume explores the particular ideologies, narratives and practices that are mobilized when the agendas of biodiversity conservation practice meet, clash, and blend with the demands for land and access and control of resources from people living in, and in close proximity, to parks. The book maintains that while biodiversity conservation is an important goal in a time where climate change is a real threat to human existence, the successful and just future of biodiversity conservation is contingent upon land tenure security for local people. The original research gathered together in this volume will be of considerable interest to researchers of development studies, political ecology, land rights, and conservation.