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Laurel Rose analyzes how traditional ruling elites in Swaziland, as in other parts of Africa, use harmony ideologies to downplay and resolve land disputes. Such disputes could be used by foreign development agents or indigenous new elites as justification for implementing land tenure changes, including a reduction of traditional elites' power based upon land control. Swazi commoners accept the cultural value and legitimacy of most harmony ideologies, but they adopt various strategies when disputing about particular land rights in order to produce more favorable outcomes. This book is unusual in its focus on political rather than economic dimensions of land tenure and disputes. It searches for links between individual concerns with land use rights and national concerns with land policy. It also examines gender and leadership issues associated with land, showing how women and new elites threaten land interests of men and traditional leaders.
While there is a large, though inconclusive, literature on the impact of land titles in Africa, little attention has been devoted to the study of land conflict, despite evidence on increasing incidence of such conflicts. Deininger and Castagnini use data from Uganda to explore who is affected by land conflicts, whether recent legal changes have helped to reduce their incidence, and to assess their impact on productivity. Results indicate that female-headed households and widows are particularly affected and that the passage of the 1998 Land Act has failed to reduce the number of pending land conflicts. The authors also find evidence of a significant and quantitatively large productivity-reducing impact of land conflicts. This suggests that, especially in Africa, attention to land-related conflicts and exploration of ways to prevent and speedily resolve them would be an important area for policy as well as research. This paper--a product of Rural Development, Development Research Group--is part of a larger effort in the group to explore the impact of land policies.
We know that since the end of the Cold War, conflicts in non-Western countries have been frequent, frequently violent, largely intra-state, and protracted. But what do we know about conflict management and resolution strategies in these societies? Have the dominant Western approaches been transplantable, suitable, effective, durable, and sustainable? Would conflicts in non-Western societies be better handled by the adaptation and adoption of customary, traditional, or localized mechanisms of mitigation? These and similar questions have engaged the attention of scholars and policy-makers. Indigenous Conflict Management Strategies: Global Perspectives is offered as a global compendium on indigenous conflict management strategies. It presents diverse perspectives on the subject. Fully aware of the tendency in the literature to over-generalize, over-romanticize, and over-criticize the localized and customary mechanisms, the book takes a slightly different approach. It presents a variety of traditional conflict management approaches as well as several cases of the successful integration of the indigenous and Western strategies in the contemporary period. The main features, strengths, challenges, and weaknesses of a multitude of indigenous systems are also presented.
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
This book examines the impact of neoliberalism on peasant agriculture as a key livelihood strategy in Southern and Eastern Africa, against the background of the current development crisis and the crossroads that Southern and Eastern Africa faces. It systematically analyses how the neoliberal architecture has deepened extroverted production for capitalist accumulation and how this has been to the detriment of the rural labour force and small scale and communal landowners. Apart from examining how neoliberalism has triggered land alienations, the book further argues that such policies have also impacted negatively on food security in a number of ways. The book presents empirical evidence through twelve case studies, emerging from in-depth original fieldwork carried out in seven countries in the Southern and Eastern African region. This book is a must-read for scholars of economics,sociology, anthropology, history, agrarian studies and political science, as well as practitioners and policy-makers, interested in a better understanding of the impact of the agrarian neoliberal restructuring on the peasantry in Southern Africa.
"Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
Through its presentation of a holistic view of land management for sustainable development, this text outlines basic principles of land administration applicable to all countries and their divergent needs.