Land, conflict and radical distributive claims in South Africa's rural mining frontier

2021 ◽  
pp. 100972
Author(s):  
Sonwabile Mnwana ◽  
Andrew Bowman
Keyword(s):  
Land Conflict

Law and land conflict in emerging market economies: Ethiopia, 2014–2018

2020 ◽  
Author(s):  
Mekonnen Firew Ayano
Keyword(s):  
Emerging Market ◽  
Land Rights ◽  
Appellate Courts ◽  
Land Conflicts ◽  
Land Conflict ◽  
Constitutional Review ◽  
Land Dispossession ◽  
Western Development ◽  
Lower Courts ◽  
The Cold War

Abstract Since the end of the Cold War, the World Bank and other Western development agencies have prescribed restructuring land rights in post-communist economies to promote land markets, with the goal of alleviating poverty and social conflicts. But restructuring land rights in such settings is more difficult than it may seem. Ethiopia’s efforts in this area have produced disparate laws that have exacerbated both the intensity and the frequency of land conflicts. This article analyzes all land cases decided by the Council of Constitutional Inquiry (CCI) and the House of Federation (HoF), Ethiopia’s constitutional review bodies, from 1998 to 2018. It shows that from 1998 to 2014, the trial and appellate courts were favorably disposed toward the policies of international financial agencies, and that the CCI and the HoF acquiesced. However, starting in 2014, following a countrywide protest connected to land dispossession, the CCI and the HoF have reversed the lower courts’ judgements by invoking constitutional clauses declaring that land belongs to the Ethiopian nations and that it cannot be alienated. The country’s experience reveals the perils of restructuring land rights without paying close attention to distributive concerns and the needs of those who end up being excluded from property access.

‘A new landlord’ (địa chủ mới)? Community, land conflict and State Forest Companies (SFCs) in Vietnam

2015 ◽  
Vol 58 ◽  
pp. 21-28 ◽  
Author(s):  
Phuc Xuan To ◽  
Sango Mahanty ◽  
Wolfram H. Dressler
Keyword(s):  
Land Conflict

scholarly journals VIEWS OF POLITICAL AND PHILOSOPHICAL TRENDS RELATED TO THE LAND CONFLICT AND ITS STATUS

Adam alemi ◽  
2021 ◽  
Vol 90 (4) ◽  
pp. 123-132
Author(s):  
R. Akhmaganbetov ◽  
Keyword(s):  
Comparative Analysis ◽  
Land Conflicts ◽  
Land Conflict ◽  
A Value ◽  
The Earth ◽  
The Status ◽  
Actual Conflict ◽  
Points Of View

The land conflict has long been a type of actual conflict. There are land conflicts of various levels in Kazakhstan. There are different points of view related to the land conflict. There are many prerequisites for the emergence of these views. The study examined the views of representatives of various political and philosophical trends related to the status of the earth. Representatives of the liberal trend consider land as capital. The analysis of the works of representatives of the liberal movement considering land as capital is carried out. Representatives of the socialist trend consider land as state property. Lenin's works deal with issues related to the resolution of the land conflict. Representatives of postcolonialism explain the emergence of the earthly conflict by the influence of colonial empires. In connection with the land conflict, the positions of the Alash intelligentsia are considered. Meanwhile, the analysis of differences in the views of socialists and the Alash intelligentsia in resolving the land conflict was carried out. In traditional Kazakh society, land is considered as a value. This is not consistent with the concepts of capital or property. The earth is considered as a sacred concept. A comparative analysis of such different points of view is carried out. The historical prerequisites for the emergence of a land conflict at the present time are considered.

IMPLEMENTASI PERATURAN DAERAH KHUSUS (PERDASUS) PROVINSI PAPUA NOMOR 23 TAHUN 2008 TENTANG HAK ULAYAT MASYARAKAT HUKUM ADAT DAN HAK PERORANGAN WARGA MASYARAKAT ADAT ATAS TANAH (STUDI KASUS KOTA JAYAPURA DAN KABUPATEN BIAK NUMFOR)

2016 ◽  
Vol 11 (2) ◽  
pp. 40-59
Author(s):  
Ayu Kurnia Utami
Keyword(s):  
Conflict Resolution ◽  
Indigenous People ◽  
Civil Law ◽  
Qualitative Approach ◽  
Customary Law ◽  
Land Conflict ◽  
Local Regulation ◽  
The People ◽  
The Government

This study discusses Perdasus 23 Year 2008 about individual and communal rights of customary law society over the land through a case study in Jayapura and Biak Numfor. The special local regulation (Perdasus) is a part of the efforts to secure the customary society or the indigenous people of Papua. The aim of this study is to identify how far Perdasus 23 Year 2008 has been implemented in Jayapura and Biak Numfor. The study applies qualitative approach which data is collected through observations, interviews, and content analysis of related documents. The result of this study shows that Perdasus 23 Year 2008 is not implemented thoroughly. Although the regulation is not normatively implemented, it has been practically implemented through the initiatives of Jayapura and Biak Numfor government to carry out conflict resolution program in each region. In doing so, the government of Jayapura has done the communal right mapping of Port Numbay people, while the government of Biak Numfor issues a local regulation (Perbup) about the strategy of land conflict resolution by encouraging of the involvement of customary role and legitimation in the region. Eventhough these activities are not conducted in accordance with Perdasus 23 Year 2008, Jayapura has performed four substances of the “Perdasus”: research, mapping, management and identification, and land conflict resolution. Meanwhile, Biak Numfor regency has performed two substances: communal land management and land conflict resolution though they only fulfill some aspects of these substances when performing research and mapping. There are three aspects affecting the implementation of Perdasus in Jayapura and Biak Numfor. First, ineffective communication both from the policy maker to the policy implementer and from policy implementer to the people that causes confusion to the society regarding the policy. Second, the existing paradigm of local people who still believe that customary law is more powerful than civil law. Last but not the least is Government’s initiative to do an activity to protect the communal right of indigenous people of Papua.

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