Reflections on the Constitutional Regulation of Property and Land Rights under the 2013 Zimbabwean Constitution

2016 ◽  
Vol 60 (2) ◽  
pp. 213-229 ◽  
Author(s):  
James Tsabora
Keyword(s):  
Property Rights ◽  
Land Rights ◽  
Distribution Patterns ◽  
Colonial Era ◽  
Post Colonial ◽  
Contested Space ◽  
Land Dispossession ◽  
Rights Discourse

AbstractProperty rights discourse, particularly the scope, nature, distribution, redistribution, recognition and protection of property rights, has dominated debate in African post-colonial property rights systems. In Zimbabwe, property rights law has been a contested space since the colonial era. That the property rights system is a contested arena is particularly so in view of the fact that colonial subjugation in Zimbabwe was characterized, in a very important way, by politically motivated land dispossession and, consequently, inequitable property rights distribution patterns. As a result, Zimbabwe's property rights law has always responded to mainstream, albeit fluid, political and economic undercurrents. This has meant that mainstream historical and contemporary debates have provided the context for understanding the constitutional regulation of property and land rights in Zimbabwe. This article assesses the constitutional regulation of constitutional property and land rights in Zimbabwe, and the conflicts and tension that are accommodated in the constitutional property rights framework.

Alliance Project

2009 ◽  
pp. 956-960
Author(s):  
Shigenobu Sugito ◽  
Sachiko Kubota
Keyword(s):  
Land Rights ◽  
Northern Territory ◽  
Indigenous Identity ◽  
Colonial Era ◽  
Support Tool ◽  
Post Colonial ◽  
The Third ◽  
Arnhem Land ◽  
Develop Software ◽  
Rights Issues

This study has three main aims: 1. to develop software for an indigenous kinship database and genealogy using a crossplatform Java engine; 2. to contribute to a kinship study, which will serve as a fieldwork support tool for anthropologists; and 3. to assess the importance and potential of the kinship database and genealogy in IT-based indigenous knowledge management. Regarding the third aim, we would like to emphasize the importance of kinship data in the post-colonial era, and the need for kinship data in land rights issues and the recognition of indigenous identity, as well as the possibility of the autonomous use of this visualized kinship database by indigenous peoples in the future. The Alliance Project, which is named after the alliance theory by C. Levi-Strauss (1969), started as the management of a kinship study for the Yolngu people of Eastern Arnhem Land, Northern Territory, Australia, and was later extended to the study of kinship in general.

scholarly journals LEGAL CERTAINTY IN PROVIDING CERTIFICATE OF LAND RIGHTS FROM THE MINISTRY OF JUSTICE BASED ON LAW NUMBER 13, 2017

2021 ◽  
Vol 9 (11) ◽  
pp. 1259-1264
Author(s):  
Domingos da Silva ◽  
◽  
Reinaldo F. Luis ◽  
Guido Goncalves Moniz ◽  
◽  
...  
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Land Rights ◽  
Point Of View ◽  
Final Conclusion ◽  
Legal Certainty ◽  
Land Law ◽  
Physical Point ◽  
Colonial Era ◽  
Timor Leste

The complexity of the issue of structuring land law after the independence of Timor Leste 20 years. The rise of community demands regarding land ownership rights is closely related to the principle of independence which cannot be separated from property rights, contract rights and freedom. Land rights are a separate issue for the RDTL state where there is dual ownership of certificates from the Portuguese colonial era and the Indonesian occupation of Timor Leste.This study aims to conduct a theoretical analysis of the authority of the ministry of justice in providing land rights certificates in accordance with applicable laws. this study adopts normative assumptions to indicate a critical problem in the ministry of justice which includes several literature reviews. As the final conclusion of this research, based on theoretical assumptions, it is explained thatOwnership of land and buildings must guarantee legal certainty and legal protection, legal certainty and legal protection regarding land that is property rights from a juridical point of view of the subjects land status, and from a physical point of view in the form of the location, boundaries and area of ​​land which are regulated based on statutory regulations. InvitationOn the basis of the dual ownership of land titles, the RDTL government has attempted to establish various land law instruments to regulate citizens rights to land. However, this still raises various problems, including: juridical problems, sociological problems, historical problems and politicalproblems. So that the writing of this article can also provide clarity on land law in the country of Timor Leste.

scholarly journals Decolonizing Agrarian Knowledge and the Emergence of Indonesian Critical Agrarian Studies

2021 ◽  
Vol 16 (2) ◽  
pp. 103
Author(s):  
Ahmad Nashih Luthfi
Keyword(s):  
Land Tenure ◽  
Agricultural Production ◽  
Land Reform ◽  
Green Revolution ◽  
Land Rights ◽  
New Order ◽  
Colonial Era ◽  
Post Colonial ◽  
Agrarian Studies ◽  
Agrarian Development

Agricultural production growth has been the main priority in agrarian development in Indonesia but its ends and means have been varied. In the colonial era, an export- oriented colonial plantation system resulted in the transformation of the Indonesian land tenurial system. In the post-colonial period, Soekarno’s regime pursued agrarian development seeking to strengthening people’s land rights through its land reform policies. Land rights were seen as the basis for agricultural production. Soeharto’s New Order regime implemented its Green Revolution policy by developing agricultural mechanization and extensification which managed to improve agricultural production, but it gave greater privileges to the rural elite class and caused dependence on foreign inputs and aid. All agrarian policies were supported by knowledge produced through the research of influential institutions and individuals, including critical responses against the impacts of the transformation of land tenure. In this context, knowledge in agrarian studies with its critical perspectives were re-shaped as part of the process of knowledge decolonization.

scholarly journals Failure to Meet up to Expectation: Examining Women’s Activist Groups in the Post-Colonial Period in Nigeria

2020 ◽  
Vol 4 (1) ◽  
pp. 23-35
Author(s):  
Adebukola Dagunduro ◽  
Adebimpe Adenugba
Keyword(s):  
Colonial Period ◽  
Women's Activism ◽  
Women's Groups ◽  
Colonial Era ◽  
Nigerian Women ◽  
Post Colonial ◽  
Liberal Feminism ◽  
Political Landscape ◽  
Women’S Groups ◽  
Activist Groups

AbstractWomen’s activism within various ethnic groups in Nigeria dates back to the pre-colonial era, with notable heroic leaders, like Moremi of Ife, Amina of Zaria, Emotan of Benin, Funmilayo Kuti, Margaret Ekpo and many others. The participation of Nigerian women in the Beijing Conference of 1995 led to a stronger voice for women in the political landscape. Several women’s rights groups have sprung up in the country over the years. Notable among them are the Federation of Nigerian Women’s Societies (FNWS), Women in Nigeria (WIN), Kudirat Initiative for Democracy (KIND) and Female in Nigeria (FIN). However, majority have failed to actualize significant political, social or economic growth. This paper examines the challenges and factors leading to their inability to live up to people’s expectations. Guided by patriarchy and liberal feminism theories, this paper utilizes both historical and descriptive methods to examine these factors. The paper argues that a lack of solidarity among women’s groups, financial constraints, unfavourable political and social practices led to the inability of women’s groups in Nigeria to live up to the envisaged expectations. The paper concludes that, for women’s activist groups to survive in Nigeria, a quiet but significant social revolution is necessary among women. Government should also formulate and implement policies that will empower women politically, economically and socially.

Colonial Education, Political Elites, and Regional Political Inequality in Africa

2021 ◽  
pp. 001041402199717
Author(s):  
Joan Ricart-Huguet
Keyword(s):  
Political Elites ◽  
Colonial Education ◽  
Short Term ◽  
Colonial Era ◽  
Political Inequality ◽  
Post Colonial ◽  
Strategic Bargaining ◽  
Recruitment Practices ◽  
Colonial Legacies ◽  
Home Region

Political elites tend to favor their home region when distributing resources. But what explains how political power is distributed across a country’s regions to begin with? Explanations of cabinet formation focus on short-term strategic bargaining and some emphasize that ministries are allocated equitably to minimize conflict. Using new data on the cabinet members (1960–2010) of 16 former British and French African colonies, I find that some regions have been systematically much more represented than others. Combining novel historical and geospatial records, I show that this regional political inequality derives not from colonial-era development in general but from colonial-era education in particular. I argue that post-colonial ministers are partly a byproduct of civil service recruitment practices among European administrators that focused on levels of literacy. Regional political inequality is an understudied pathway through which colonial legacies impact distributive politics and unequal development in Africa today. JEL: F54, I26, N37, N47

scholarly journals China’s Belt and Road Initiative: Will it Make or Mar Development in the Central and West Africa Subregions?

2020 ◽  
Vol 10 (4) ◽  
pp. 19
Author(s):  
William G. Dzekashu ◽  
Julius N. Anyu
Keyword(s):  
Growth Dynamics ◽  
Sustainable Growth ◽  
Agricultural Products ◽  
Belt And Road Initiative ◽  
The West ◽  
Colonial Era ◽  
Post Colonial ◽  
Belt And Road ◽  
The Impact ◽  
Domestic Products

The West, chiefly Europe, left political footmarks in Africa from the Colonial Era, along with varying economic footprints and surviving engagements in the immediate Post-colonial Era. However, the relationships between Africa and her former colonial masters have hardly yielded much to the former following the wave of independence, leading to the perception of failed relationships. This perception of failure to deliver on their undertakings has left Africa with only one option—China. The latter has been addressing some of Africa’s urgent infrastructure needs in return for natural resources and agricultural products. These engagements on the surface appear to be good business, but on further examination seem questionable notably as it relates to debt distress on vulnerable economies. To increase her footprint within the continent, China extended her Belt and Road Initiative (BRI) to most African nations who have signed a memorandum of understanding for future development projects. Though the commitments usually are unspecified, China’s investments have seen rapid growth since the early 2000s, largely owing to the implementation of the BRI. The memoranda have had the potential to strengthen ties with partner nations. The expansion to include Africa in its economic participation in the BRI has left the West questioning China’s motives while reinforcing suspicions about possible future US-China conflict. The impact of BRI on the African continent is quite visible in all the subregions, especially in their improved gross domestic products. A burning question has been whether these partnerships represent win-win relationships for sustainable growth or debt-growth dynamics.

scholarly journals Role of the South in the Development of International Environmental Law

2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Colonial Era ◽  
International Protection ◽  
Post Colonial ◽  
Protection Of Human Rights ◽  
Independent States ◽  
Law Texts

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

Locating the politics of a Sierra Leonean chiefdom

Africa ◽  
1998 ◽  
Vol 68 (4) ◽  
pp. 558-584 ◽  
Author(s):  
Richard Fanthorpe
Keyword(s):  
Sierra Leone ◽  
Political Representation ◽  
Late Nineteenth Century ◽  
Colonial Era ◽  
Colonial State ◽  
Post Colonial ◽  
Sierra Leonean ◽  
Early Colonial ◽  
Breeding Grounds ◽  
Primary Means

The chiefdoms of Sierra Leone are institutions of colonial origin but nevertheless continue to serve as local government units in the post-colonial state. The prevailing view among scholars is that these institutions have little basis in indigenous political culture, and have furthermore become breeding grounds of political corruption. This view has tended to elide anthropological analysis of internal chiefdom politics. However, it is argued in this article that such conclusions are premature. With reference to the Biriwa Limba chiefdom of northern Sierra Leone, it is shown that historical precedent, in many cases relating to prominent political figures of the late nineteenth century, continues to serve as a primary means of ordering local rights in land, settlement and political representation. This phenomenon is not a product of innate conservatism but emerges rather as a pragmatic response to the persistent failure of successive Sierra Leone administrations to extend modern measures of citizenship to the bulk of the rural populace. Rights and properties have become progressively localised in villages originally registered for tax collection in the early colonial era. Here one finds one of the most telling legacies of the British policy of indirect rule in post-colonial Sierra Leone.

scholarly journals Orwell's "Shooting an Elephant": Reflections on Imperialism and Neoimperialism

IIUC Studies ◽  
1970 ◽  
Vol 3 ◽  
pp. 55-62 ◽  
Author(s):  
Mohammed Sarwar Alam
Keyword(s):  
Short Story ◽  
World History ◽  
George Orwell ◽  
Colonial Era ◽  
Post Colonial ◽  
The World ◽  
Ultimate Objective

Imperialism has been the most powerful force in world history over last four or five centuries. The world has moved from the colonial to post-colonial era or neoimperialism. Throughout the period, the imperialists have changed their grounds and strategies in imperialistic rules. But the ultimate objective has remained the same- to rule and exploit the natives with their multifaceted dominance-technological, economic and military. Through dominance with these, they have been, to a great extent, successful in establishing their racial and cultural superiority. George Orwell is popularly known to be an anti-imperialist writer. This paper, I believe, will lead us to an almost different conclusion. Here, we discover the inevitable dilemma in a disguised imperialist. We discover the seeds of imperialism under the mask of anti-imperialism. In this regard, it studies his revealing short story "Shooting an Elephant". It also humbly approaches to refute Barry Hindess' arguments supporting neoimperialism.   doi: 10.3329/iiucs.v3i0.2664   IIUC STUDIES Vol. - 3, December 2006 (p 5-62)  

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