Beyond Land Redistribution: A Case for Stewardship in Land Reform

2020 ◽  
Vol 9 (1) ◽  
pp. 83-96
Author(s):  
Menard Musendekwa ◽  
Munyaradzi Tinarwo ◽  
Rumbidzayi Chakauya ◽  
Ereck Chakauya
Keyword(s):  
Land Reform ◽  
Indigenous Communities ◽  
African Countries ◽  
Human Right ◽  
Colonial Era ◽  
Post Colonial ◽  
Religious Conflicts ◽  
Current Article ◽  
The Right ◽  
Land Question

The right to own and derive value out of the land, (cf. ownership) is a human right enshrined in the constitution of most democratic countries. Land reform is arguably the most emotional, socio-economic, and political subject of the colonial and post-colonial era of the African continent. It is a subject that has remained sacred and a taboo creating a fertile ground for protracted political, social, economic, and religious conflicts. Many African indigenous communities are genuinely struggling to address inequality and deprivation. Despite the overwhelming economic demand to address the land question, only a handful of African countries have been bold enough to tackle the issue head-on, sometimes with dire consequences. In the current article, we use the Zimbabwe land reform programme as a case and through a biblical lens show cause for land not just as a commodity where belonging is the ultimate deciding factor but rather emphasise ownership by stewardship. This perspective is compatible with modern systems of governance, ubuntu in the African traditional culture, and encourage efficiency of production to achieve food security despite the polarised discourse of land reform in most countries.

Beyond self-determination: norms contestation, constituent diplomacies and the co-production of sovereignty

2017 ◽  
Vol 6 (2) ◽  
pp. 327-358
Author(s):  
NOÉ CORNAGO
Keyword(s):  
Political Community ◽  
Self Determination ◽  
Complex Interplay ◽  
Colonial Era ◽  
Political Pluralism ◽  
Post Colonial ◽  
Global Modernity ◽  
Political Dimensions ◽  
The Right ◽  
Political Realities

Abstract:The idea of a perfect national political community, entirely confined within the contours of a corresponding state, is one of the foundational fictions of global modernity. Its formal crystallisation in the legal grammars of the right to self-determination has been however, particularly in the post-colonial era, highly problematic and full of ambiguities. Drawing on this background, this article contends that diplomacy offers frequently a more promising venue for dealing with the challenge of political pluralism than appealing to either the unstable grammars of the right to self-determination or a reified understanding of the principle of territorial integrity of states. In so doing, firstly, the right to self-determination is critically examined. Instead of attempting to articulate its formal content, the malleability of its legal grammars and political realities, will be emphasised. Secondly, based on the discussion of a variety of historical cases, the notion of ‘constituent diplomacies’ will be advanced, aiming to show how the agonistic accommodation of political and territorial pluralism through diplomacy was crucial not only in the formative processes of modern sovereign states but also nowadays. Finally, this relational understanding of the historical forms of governance of political pluralism within and beyond state boundaries will be re-examined, beyond its ethno-political dimensions, through the prism of the complex interplay between the material and ideational conditions for the co-production of sovereignty in the context of new global capitalism.

‘This is Our land’

2010 ◽  
Vol 26 (1) ◽  
pp. 39-69 ◽  
Author(s):  
A.S. Mlambo
Keyword(s):  
Land Reform ◽  
Fast Track ◽  
Colonial Period ◽  
Decisive Factor ◽  
Land Acquisition ◽  
White Race ◽  
Post Colonial ◽  
Reform Programme ◽  
Land Question

This study seeks to trace the role of race in the evolution of the land question in Zimbabwe from Occupation to the ‘fast-track land reform programme’ of 2000 and beyond to explore the extent to which the era of colonial domination made the racialization of the land issue in the post-colonial period almost unavoidable. It contends that Mugabe’s use of race to justify the campaign to drive whites from the land from 2000 onwards was facilitated (in part) by the fact that race had always been used by the colonial authorities as a decisive factor in land acquisition and allocation throughout the colonial period and that using the alleged superiority of the white race, colonial authorities alienated African land for themselves without either negotiating with the indigenous authorities or paying for the land. Consequently, Mugabe’s charge that the land had been stolen and needed to be retaken clearly resonated with some segments of the Zimbabwean population enough to get them to actively participate in the land invasions of the time.

scholarly journals How to understand, evaluate and influence efficient progress in South Africa’s land reform process: A typology from historical lessons from selected sub-Saharan African countries

2017 ◽  
Vol 20 (1) ◽  
Author(s):  
Nhlanhla C. Mbatha
Keyword(s):  
South Africa ◽  
Land Reform ◽  
Historical Review ◽  
Social Institutions ◽  
Reform Process ◽  
Policy Uncertainty ◽  
African Countries ◽  
Post Colonial ◽  
Black Farmers ◽  
Sub Saharan

Background: With reports of widespread failures in South Africa’s land reform programmes, the levels of policy uncertainty in the political rhetoric that influences land reform have been increasing. Since 1994 policy targets to transfer land to black farmers have not been met. Of the 2005 target to transfer about 25 million ha of commercial farmland to black farmers by 2014, less than 5 million ha. have been transferred for commercial use. Some studies report failure rates in resettlement projects of up to 90%. To account for the failures, revisions of policies and amendments to legislations have been proposed within a political environment that is becoming increasingly intolerant to slow progress in land transfers and to resettlement failures.Aim: Against this environment, this paper presents a typology for understanding and evaluating important elements of the land reform project in order to influence progress in the process.Setting: The study adopts a historical review of land reform processes in post-colonial Kenya and Zimbabwe in order to identify potential challenges and key lessons for South Africa.Methods: Hence, using institutional and historical analytical lenses in exploring different narratives, the paper reviews reported failures and successes in land reform policy cases from the selected countries. From an institutional framework, prevalent social institutions and key lessons from Kenya, Zimbabwe and South Africa, a typology for evaluating important elements of the land reform process in South Africa is developed and discussed. Additionally, a review of global data collected on average sizes of farms in different regions of the world is provided as evidence to support propositions of what would constitute efficient farmland size ranges for small to medium commercial farms in South Africa.Results and conclusion: A proposition is made on how to use the typology to guide policy and research interventions to reduce failures and promote successful cases in different areas of the land reform process in South Africa, and possibly other similar contexts.

scholarly journals Governance conundrum in pursuit of the human right to water and sanitation: tracking the progress of the leave-no-one-behind principle in Uganda

2021 ◽  
Author(s):  
G. Z. Ahabwe ◽  
D. W. Batega ◽  
A. Ssewaya ◽  
C. B. Niwagaba
Keyword(s):  
Relevant Literature ◽  
Indigenous Communities ◽  
Economic Transformation ◽  
Primary Data ◽  
Human Right ◽  
Cross Sectional ◽  
Water And Sanitation ◽  
Civil Society Organisations ◽  
The Government ◽  
The Right

Abstract The Government of Uganda is a party to numerous international and national commitments, laws and regulatory frameworks to deliver the socio-economic transformation of its citizens. Sustainable Development Goals (SDGs) commit states, Uganda inclusive, to achieve a better and more sustainable future for all by 2030. According to the SDG 6 resolutions, the rights to water and sanitation are legally binding upon states, which have the primary responsibility to ensure their full realization, including unserved and under-served areas. While the SDGs came into force after 2015, it is not clear the extent to which Uganda's policies, legal instruments and practice are aligned to the SDGs. A combined methodology was adopted to undertake the study under a cross-sectional design. The study reviewed relevant literature such as sector performance reports on water and sanitation. Purposive sampling was used to select relevant informants for primary data. Key informant interviews were held with representatives of relevant government agencies, United Nations agencies, civil society organisations, indigenous communities and the private sector. Findings indicate that while the Government of Uganda has made tremendous efforts regarding the right to water and sanitation, enormous challenges and gaps remain. For instance, the pro-poor strategies to access safe water, sanitation and hygiene facilities are largely insignificant.

scholarly journals Water Security and the Right to Water in Southern Africa: An Overview

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Caiphas Brewsters Soyapi
Keyword(s):  
Water Security ◽  
Indigenous Communities ◽  
Case Law ◽  
Transboundary Water ◽  
Right To Life ◽  
Human Right ◽  
Water Users ◽  
Constitutional Right ◽  
The Right ◽  
Water Issues

The southern African region’s water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing basic water services to the disputes between municipal councils and individual well-to-do water users, it is abundantly evident that water security is a goal/vision that needs to be pursued by governments. Yet, much of the holistic scholarly focus on water security within the region has been on transboundary water management, to the exclusion of local/national water constitutional frameworks. Through four cases from Botswana, South Africa, Zambia and Zimbabwe the paper addresses selected aspects of the varied water issues, in particular the constitutional right to water and how that impacts on water security within the region. The literature and case law reviewed in the paper indicate that while there are benefits to constitutionalising the right to water as a fundamental right, courts are still able to read the right to water into existing rights, especially the right to life. However, reading in has its own limitations, including that courts sometimes leave hanging/unpronounced government duties/responsibilities where the right to water is not provided for. Accordingly, the paper attempts to show that while the right to water could be read into other existing rights like the right to life, water security could be better achieved through an independent constitutional human right to water, which creates constitutional duties on the state. 

“Lhaka Honhat Association v. Argentina”: Landmark decision on direct justiciability of Article 26 ACHR and the autonomous right to a healthy environment

2020 ◽  
Vol 53 (4) ◽  
pp. 492-506
Author(s):  
Margret Carstens
Keyword(s):  
Human Rights ◽  
Indigenous Communities ◽  
Environmental Damage ◽  
Court Cases ◽  
Human Right ◽  
Healthy Environment ◽  
Adequate Food ◽  
The Right ◽  
Access To Food ◽  
Scope Of Protection

The Inter-American Court of Human Rights (IACtHR), after 28 years of conflict with the Argentine state, finally ruled in favor of the rights of the indigenous communities of Salta, Argentina. The Court condemned Argentina for violating the right of these indigenous communities to their cultural identity, a healthy environment, and adequate food and water. The Court ordered specific action in Argentina for the restitution of those rights, including urgently needed access to food and water, reforestation and the recovery of indigenous culture. Lhaka Honhat is a landmark judgment for the IACtHR sets a precedent concerning the direct justiciability of Article 26 of the American Convention on Human Rights (ACHR). This is the first ruling by this Court to independently analyze the human right to a healthy environment. “Lhaka Honhat” establishes clearer rules for State actions concerning the principle of prevention of environmental damage caused by private individuals and establishes guidelines for restitution and compensation for the violation of indigenous (collective) rights when their natural resources are affected. A more comprehensive reading of the scope of protection under Article 26 in future court cases is likely.

Land, Law, and the Courts in Zimbabwe

2020 ◽  
Author(s):  
Susanne Verheul
Keyword(s):  
Land Reform ◽  
Colonial Rule ◽  
Colonial Era ◽  
Post Colonial ◽  
Political Actors ◽  
Public Debates ◽  
Substantive Justice ◽  
The Law ◽  
The One ◽  
Land Policies

Through a focus on land cases, this chapter looks at the place of law and the judicial system in Zimbabwean politics. To contextualize the understandings, imaginations, and invocations of law that emerged in contestations over land in the courts after 2000, the chapter first situates the law historically to examine the judicial culture that emerged from the interplay of law’s repressive and reformative roles under Rhodesian rule. It shows that under colonial rule the tensions between judicial officers’ commitment to formalism on the one hand and their efforts to deliver ‘substantive justice’ on the other, shaped the legal cultures that carried over into the post-colonial era. In response to growing opposition in the late 1990s, ZANU-PF emphasized a narrow retelling of liberation war history and turned to land for political currency. When land reform was challenged through the courts, ZANU-PF drew on its understanding of history to frame its land policies as both ensuring ‘justice’ for colonial land alienation and protecting the ‘sovereignty’ of the Zimbabwean nation. In this manner, challenges to the government’s land policies were cast as ‘unjust’. Certain legal and political actors, however, contested ZANU-PF’s interpretation of ‘justice’ by drawing attention to the judiciary’s historical commitment to ‘substantive justice’. Through public debates over whose justice the law ought to protect, the law continued to be central to state authority.

Chiefs and the Politics of Land Reform in the North East District, Botswana, 2005–2008

2019 ◽  
Vol 55 (1) ◽  
pp. 111-127
Author(s):  
Boga Thura Manatsha
Keyword(s):  
Land Reform ◽  
Point Of View ◽  
Government Policies ◽  
Post Colonial ◽  
North East ◽  
The North ◽  
The Government ◽  
Land Question ◽  
District Administration ◽  
Democracy Theory

The North East District has the most contentious land question in post-colonial Botswana. Most of its land was expropriated by a colonial syndicate called the Tati Concessions (Tati Company) in the 1880s. Chunks of said land are still held under freehold titles resulting in the district experiencing severe land scarcity, especially for communal use. In a continuous effort to address this problem, the government purchased 19 freehold farms between 2005 and 2008 (about 20000 hectares) for redistribution. The process was carried out under the leadership of the Tati Land Board and North East District Administration while the chiefs and their communities were marginalised. This oversight and marginalisation of traditional leaders and their communities undermine the Chieftainship Act, which mandates the chiefs to actively promote the welfare of their tribes, inform them about developments and government policies. Using the participatory democracy theory, the article examines this land reform from the point of view of the local chiefs. It concludes that the marginalisation of the chiefs amounted to ‘community exclusion’ rendering the reform anti-redistributive.

scholarly journals Zimbabwe Economic Sanctions and Post-Colonial Hangover: A Critique of Zimbabwe Democracy Economic Recovery Act (ZDERA) – 2001 a2018

2018 ◽  
Vol 7 (1) ◽  
pp. 28 ◽  
Author(s):  
Munoda Mararike
Keyword(s):  
Land Reform ◽  
Western Europe ◽  
Economic Sanctions ◽  
Indigenous Populations ◽  
Economic Recovery ◽  
Specific Reference ◽  
Colonial Era ◽  
Post Colonial ◽  
Cultural Genocide ◽  
Recovery Act

Scholarship on imperialism in Zimbabwe has not been documented in terms of establishing its roots. What has evaded contemporary researchers and academics on post-land reform programme economic sanctions of 2001 is that their roots lie in colonial domination and imperialism. The Scramble for Africa of 1884 is an adjunct of the Berlin Colonial Conference of 1884-1885 which marked long dark days of imperialism in Africa. It was about colonial domination, exploitation of mineral and extraction of natural resources. Western Europe became principal beneficiaries of newly ‘discovered’ wealth – pillaging and looting to their countries through exploitation, false pretenses, deception and outright theft. The insidious process was complemented by subjective constructs of political, social, religious and cultural domination of indigenous populations or ‘natives’ as imperialism defined unbalanced framework of economic relationships. Pronunciations like subjugation, suppression, cultural genocide, expropriation and repression have been touted by historians to highlight the depth and intensity of coloniality. The economic sanctions are part of a strategic neo-colonial era in which former colonial powers continue clutching to vein glories of the past. Yet that past is the present. Zimbabwe is being punished for reclaiming land through land reform programmes of 2001 which helped to empower Zimbabweans. In this research we look at the Janus face of Western decoloniality efforts- with specific reference to how Zimbabwe has fought ferocious battles for reclamation and restitution of its land. We also examine instruments of repression including statutes like the 1965 Unilateral Declaration of Independence (UDI) and the Zimbabwe Democracy and Economic Recovery Act of 2001 as amended in 2018 (ZDERA). In our analytical narratives, we illustrate how the such instruments are designed to maintain imperialist status quo through specified punitive measures under ZDERA.

scholarly journals Religious Pluralism and Inter-Religious Encounters in the 21st Century Nigeria

2021 ◽  
pp. 24-31
Author(s):  
Adetunbi Richard Ogunleye
Keyword(s):  
Qualitative Method ◽  
Phenomenological Approach ◽  
Interreligious Dialogue ◽  
Negative Effects ◽  
African Countries ◽  
Colonial Era ◽  
Indigenous Religion ◽  
Religious Traditions ◽  
Religious Conflicts ◽  
Islam And Christianity

Religion is one of the heritages that Nigeria shares with other African countries. In fact, Nigeria is blessed with three major religious traditions—African indigenous religion, Islam and Christianity—which actually afford her the opportunity to be a pluralistic religious country. These religions relate with the Nigerian society and they fulfil different roles which are deeply rooted in them. However, because of the inbuilt challenges of a pluralistic religious state, some manipulators use religion as their ready-made instrument of conflict and confusion, in the cities that are well-known for their peaceful co-existence over the years. Consequently, the scenario is having negative effects on the socio-political, educational and religious lives of Nigerians nationwide. This paper aims at discussing religious interactions among Nigerians during the pre-colonial era and comparing it with what is in operation in the current dispensation. It will also examine the various ways that manipulators have used religion and explore how interreligious dialogue and other means of peaceful co-existence can be used to enhance meaningful development in the country. The research employs a qualitative method of data collection and uses a phenomenological approach to analyse the data collected. Findings revealed that different religious adherents interacted freely in antiquity until the incursion of foreign religions with their attendant intolerance. Consequently, improper handling of interreligious encounters, lack of adequate interreligious understanding and abuse of religion have caused religious conflicts and insecurity of lives and properties in the country. These in turn have led to the setback experienced in the development of socio-economic and political sectors in Nigeria. It is the opinion of this study that if the relevance of religion is fully understood and it is allowed to perform its roles for the benefit of humanity, Nigerians in general would witness peaceful, harmonious existence and meaningful development in all dimensions.

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