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This book constitutes Volume I of a set of two Volumes. Volume I attempts a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC) in light of intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. Cultural, economic and political drivers at the core of SADC land issues are examined for their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. The book shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. Therefore, the book recommends a sophisticated systematic new approach to SADC land issues. That approach is developed in Volume II of this series: Re-conceiving Property Rights in the new millennium - Towards a New Sustainable Land Relations Policy.
This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara argues that only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these land disputes.
How successful have Southern African states been in dealing with the major issues that have faced the region in recent years? What could be done to produce more cohesive and effective region-building in Southern Africa? In this original and wide-ranging volume, which draws on an interdisciplinary team of mainly African and African-based specialists, the key political, socio-economic, and security challenges facing Southern Africa today are addressed. These include the various issues confronting the Southern African Development Community (SADC) and its institutions; such as HIV/AIDS, migration and xenophobia, land-grabbing and climate change; and the role of the main external actors involved with the region, including the United Nations, the European Union, the United States, and China. The book also looks at the Southern African Customs Union and Southern African Development Finance Institutions, including the Development Bank of Southern Africa and Industrial Development Corporation, and issues of gender and peacebuilding. In doing so, the book goes to the heart of analyzing the effectiveness of SADC and other regional organisation, suggesting how region-building in Southern Africa may be compared with similar attempts elsewhere in Africa and other parts of the world.
This edited collection explores a variety of philosophical perspectives on land reform in Southern Africa. Presenting an innovative focus on the philosophical themes in land reform, the contributors reflect on traditional African conceptualisations of the land, as well as Western interpretations, introducing specifically Southern African approaches to a wide range of debates. Rooted in questions of colonization and decolonization, the chapters examine what reform ought to do for the people of Africa, providing contemporary reflections on the different racial and cultural facets of the land. Notably, ideas of reconciliation, compensation, justice, development, emancipation, Ubuntu, and empowerment are explored. Vigorous and interdisciplinary in their approach, the fifteen original chapters tackle a range of questions such as: What does land mean in Africa? What ethical considerations are relevant? Which mechanisms should be used in addressing injustice regarding land reform and redistribution? Providing a comprehensive engagement with philosophical and political issues of land reform in Southern Africa, this volume is an invaluable resource to scholars, not only in Africa, but wherever similar questions of land, dispossession, and justice arise.
This book analyzes the origins of the crisis in Zimbabwe and why it has had such a profound impact on both the land issue and democratic politics in the Southern African region. In doing so, it contributes to the present debates around Mugabe, neo-imperialism and the stability in the region.
A unique and comprehensive introduction to contemporary development issues in East and Southern Africa, and represents a significant departure from the often descriptive approach adopted by existing regional and development texts on African regions. Each contribution is carefully chosen to highlight the theoretical basis to development issues, and the practical problems of implementing development plans, in this vital subregion. Overall this produces comprehensive and balanced coverage of historical, economic, political and social issues. The twin issues of globalisation and modernisation give the book a clear focus.
This book links contemporary debates on land reform with wider discourses on sustainable development within Africa. Featuring chapters and in-depth case studies on South Africa and Zimbabwe, Malawi, Kenya, Botswana and West Africa, it traces the development of ideas about sustainable development and addresses a new agenda based on social justice. The authors critically examine contemporary neoliberal market-led reforms and the legacy of colonialism on the land question. They argue that debates on sustainable development should be placed in the context of structural interests, access and equity, rather than technical management of land and resources. Additionally, they show that these structural factors cannot be transformed by institutional reform based on notions of elective democracy, community participation, and market-reform, but require a far more radical programme to redress the injustices of the colonial system that continue today. The book advocates a commitment to building sustainable livelihoods for farmers, calling for a redistribution of land and natural resources to challenge existing economic relations and frameworks for development.
This book examines the nexus between conservation, land conflicts, and sustainable tourism approaches in Southern Africa, with a focus on equity, access, restitution, and redistribution. While Southern Africa is home to important biodiversity, pristine woodlands, and grasslands, and is a habitat for important wildlife species, it is also a land of contestations over its natural resources with a complex historical legacy and a wide variety of competing and conflicting issues surrounding race, cultural and traditional practices, and neoliberalism. Drawing on insights from conservation, environmental, and tourism experts, this volume presents the nexus between land conflicts and conservation in the region. The chapters reveal the hegemony of humans on land and associated resources including wildlife and minerals. By using social science approaches, the book unites environmental, scientific, social, and political issues, as it is imperative we understand the holistic nature of land conflicts in nature-based tourism. Discussing the management theories and approaches to community-based tourism in communities where there are or were land conflicts is critical to understanding the current state and future of tourism in African rural spaces. This volume determines the extent to which land reform impacts community-based tourism in Africa to develop resilient destination strategies and shares solutions to existing land conflicts to promote conservation and nature-based tourism. The book will be of great interest to students, academics, development experts, and policymakers in the field of conservation, tourism geography, sociology, development studies, land use, and environmental management and African studies.