A Long Time Gone: Post‐conflict Rural Property Restitution under Customary Law

Mass displacement of people due to violence poses a unique set of challenges for property restitution when people return to their homes after a long absence. This is particularly evident in rural areas where the dominant form of land holding is customary tenure. Violence‐induced displacement, unlike voluntary migration, challenges both customary and public legal‐administrative structures. The lack of written documentation of customary holdings and the importance of the support of community leaders means that incorporating returnees back into a community can be easier for those who choose to return, while reclaiming property without physical return is nearly impossible. This article seeks to make three contributions: 1) to note the diversity of return processes after long displacements in terms of timing and demographics; 2) to demonstrate that the nature of the claims people can make on customary tenure systems is at odds with international legal norms on property restitution after displacement; and 3) to introduce a set of observations and questions on how conflict can change customary law. The article is based on fieldwork conducted in Uganda, Liberia and Timor‐Leste, all countries with extended displacement where most of the rural land is held via customary claims.     

‘The Law is to Blame’: The Vulnerable Status of Common Property Rights in Sub‐Saharan Africa

The context of this article is the surge in large‐scale land acquisitions of African lands by local and foreign investors for commercial food, livestock, oil palm and carbon trading purposes. Involuntary loss of rural lands at scale is not new to Africa's majority rural poor, nor is it driven by a single factor. Historically inequitable land relations within communities, compounded by a century of capitalist transformation, take their toll. This study argues, however, that the weak legal status of communal rights is the most pernicious enabler in their demise, allowing governments to take undue liberties with their citizens’ lands, and particularly those which are unfarmed and by tradition held in common. While international acquiescence to abusive domestic law helps entrench the diminishment of majority land rights, the domestic laws themselves are principally at fault and necessarily the target for change. This legal vulnerability is explored here through an examination of more than twenty African land laws.     

Gender,Traditional Authority,and the Politics of Rural Reform in South Africa

The new South African Constitution, together with later policies and legislation, affirm a commitment to gender rights that is incompatible with the formal recognition afforded to unelected traditional authorities. This contradiction is particularly evident in the case of land reform in many rural areas, where women’s right of access to land is denied through the practice of customary law. This article illustrates the ways in which these constitutional contradictions play out with particular intensity in the ‘former homelands’ through the example of a conflict over land use in Buffelspruit, Mpumalanga province. There, a number of women who had been granted informal access to communal land for the purposes of subsistence cultivation had their rights revoked by the traditional authority. Despite desperate protests, they continue to be marginalized in terms of access to land, while their male counterparts appropriate communal land for commercial farming and cattle grazing. Drawing on this protest, we argue that current South African practice in relation to the pressing issue of gender equity in land reform represents a politics of accommodation and evasion that tends to reinforce gender biases in rural development, and in so doing, undermines the prospects for genuinely radical transformation of the instituted geographies and institutionalized practices bequeathed by the apartheid regime.     

Is there a relationship between wartime violence and postwar agricultural development outcomes? The case of concessions and community grants in Mozambique

This paper studies if intensity and recentness of wartime violence is related to the trajectory of post-conflict agricultural development. We consider the case of Mozambique, where the government has made agricultural concessions to corporations, as well as land grants to communities. These uses may stand in competition with one another, and we test if violence affects the awarding of concessions or land grants. We analyze district-level, GIS-generated data on concessions, grants, and civil war events. We find wartime violence intensity is associated with more concessions and fewer grants. We conversely find recentness of violence is associated with fewer concessions and more grants. Embedding our empirical analysis in a community resilience framework, we suggest the intensity of wartime violence may erode local institutions – be they traditional governance structures, or agricultural cooperatives seeking community lands – or limit their access to government bodies and local NGOs tasked with vetting, delimiting, and monitoring proposed concessions. Paradoxically, recentness violence may mobilize those same institutions.     

Gendered frontiers of land control: indigenous territory,women and contests over land in Ecuador

Agricultural and rural land has become the site of considerable policy, governmental and scholarly concern worldwide because of violence and dispossession, food insecurity and contests over private property regimes. Such issues are highly gendered in territories with majorities of indigenous populations where overlapping legal regimes (statutory, multicultural, customary) and histories of dispossession have created complex spatialities and access patterns. States' formalization of indigenous rights, neoliberal restructuring and land appropriation are the backdrop to Ecuadorian women's struggles to access, retain and pass on land. Despite a burgeoning literature on Latin American indigenous territories, women are often invisible. Using collaborative research among two indigenous nationalities, the article analyses the political–economic, legal and de facto regimes shaping women's claims to land and indigenous territory. Focusing on Kichwa women in the rural Andes and Tsáchila women in a tropical export-oriented agricultural frontier area, the article examines the criteria and exclusionary practices that operate at multiple scales to shape women's (in)security in tenure. Women's struggles over claims to land and territory are also discussed. The article argues that Latin America's fraught land politics requires a gendered account of indigenous land–territoriality to unpack the cultural bias of western feminist accounts of multiculturalism and to document the racialized gender bias across socio-institutional relations.     

大都市边缘区农村居民对宅基地退出和定居的思考——以南京市江宁区为例

中国的快速城镇化推动了乡村发展转型与空间重构,农村居民对于土地退出、定居的想法正发生着变化。基于2014 年在南京市江宁区的问卷及访谈调查,本文探索了发达地区大都市边缘区中农村居民针对宅基地退出和未来定居的意愿。通过运用访谈资料和回归模型,本文发现村庄属性、一些个人主客观因子都影响着农村居民对于土地退出和未来定居的决策。本文还发现,相当多的农村居民倾向于在邻近小城镇定居,对宅基地退出普遍持负面态度。随着宅基地财产功能的提升、城乡一体化进程推进等方面的变化,关于宅基地流转制度的改革势在必行。     

Governing a Liminal Land Deal: The Biopolitics and Necropolitics of Gender

Over the past decade, there has been a surge in large-scale land acquisitions around the world. Yet, increasing evidence suggests that many of the prominent land deals signed during the global land rush are struggling to materialise. This emergent pattern of liminality has important implications for understanding the everyday, contingent, and gendered processes of land deal governance and subject formation. Drawing on ethnographic research, this article examines the gendered governance of a “liminal” land deal in coastal Tanzania, through a case of the EcoEnergy Sugar Project. It shows how the project's prolonged delay has given rise, over time, to two contradistinctive sets of actors and mechanisms of control: biopolitical interventions of international development consultants focused on livelihood improvements, and necropolitical interventions of district paramilitary forces focused on surveillance and violence. While seemingly contradictory, I argue that both enactments of power fundamentally relied on and reproduced normative gender in rural Tanzania.     

Precarial grants: approaches of the clergy and lay aristocracy to landholding and time

Throughout the middle ages, the possession and ownership of land was not only the primary source of wealth and power, but of disputes and violence as well. In this regard, one of the least obvious but nonetheless fundamental elements was the attitude that the two dominant groups in society — the clergy and the aristocracy — had about time. The different ways that these two classes regarded time helps to account both for their approach to acquiring land and, in the event of a dispute, whether it would be settled by compromise or violence.     

“Rousers of the Rabble” in the New Mexico Land Grant War: La Alianza Federal De Mercedes and the Violence of the State

Abstract: This paper examines the patterns of state‐sponsored and state‐tolerated violence directed at a social movement organization in New Mexico known as La Alianza Federal de Mercedes during the 1960s and 1970s. Beginning in the 1960s, Alianza mobilized a broad‐based movement of Chicano activists and Hispano land grant communities to advocate the return of lands they claimed had been stolen following the Mexican American War of 1846–1848. As a result, its leaders and many of its members became targets of law enforcement surveillance programs and counterintelligence operations. In this paper I examine the patterns of surveillance and physical violence directed at Alianza members. Confronted by Alianza's challenge to racial inequality and economic injustice, the state construed Alianza as a generalized, and racialized, threat to social order that required in response the use of coercive control and physical violence.     

Precarial grants: approaches of the clergy and lay aristocracy to landholding and time

Throughout the middle ages, the possession and ownership of land was not only the primary source of wealth and power, but of disputes and violence as well. In this regard, one of the least obvious but nonetheless fundamental elements was the attitude that the two dominant groups in society — the clergy and the aristocracy — had about time. The different ways that these two classes regarded time helps to account both for their approach to acquiring land and, in the event of a dispute, whether it would be settled by compromise or violence.     

Marginality and the New Geography of Domestic Violence Policy in Post-Communist Poland

The article explores the spatial distribution and institutional geography of domestic violence service provision in post-communist Poland. A new institutional geography providing services to victims of domestic violence is emerging in Poland as a result of NGO activism and new pro-woman policies implemented by the state. NGOs, often in partnership with local governments, are the most vital means of service provision in large and medium size cities, while in rural areas, public agencies predominate in the institutional geography of service provision. The assumption that NGOs will emerge to address the needs of victims of domestic violence is not realistic in rural areas. While urban Poland is developing an institutional geography to address domestic violence, state and NGO activists must focus on shrinking the rural margins of Poland's institutional geography.     

LAND AND HOUSING IN THE USSR DURING THE GORBACHEV YEARS

An American urban and regional scholar familiar with the Soviet scene surveys changes in USSR and republic legislation on housing and land (both urban and rural) and outlines “grey” areas falling in the gap between extant Soviet law and yet-to-be-enacted republican legislation. He identifies changes in the land use pattern which can be expected as land begins to be transformed into a form of property where use decisions predominantly are made by private actors. A final section focuses upon the potential significance of these changes, to the extent they materialize, for urban theory in general.     

Mothers/Fighters/Citizens: Violence and Disillusionment in Post‐War El Salvador

This article explores post‐war El Salvador as characterised by disillusionment in the nation's neoliberal rebuilding project. A key part of my argument is that this disillusion‐ment is gendered. Specifically, I focus on a spectrum of gendered experiences and responses to social and inter‐personal violence in El Salvador's recent history. Is there a relationship between wartime political violence, continued processes of exclusion (i.e. education, healthcare, housing), and post‐war waves of domestic violence, youth violence and ‘random’ violence? While some scholars posit questions regarding Salvadoran toler‐ance to violence through time, I tackle this question by focusing on emerging criticisms of El Salvador's post‐war reconciliation. I privilege a focus on the everyday and people's ambiguities as they deal with political change and a neoliberal economy that marginalises the rural sector. In particular, I argue for placing many rural women's stories of gender‐based violence, their assertions of an embodied vulnerability and daily insecurity, within a political economic understanding of the contradictions of El Salvador's peace and nation‐building project. Through a series of ethnographic examples based on seventeen months of research in a former warzone, I suggest that a daily and gendered violence is rendered invisible. My aim is to theorise a range of women's and men's losses and to impart the urgency of their narratives that problematise assumptions of what constitutes pain, sorrow and the challenges of war‐torn life. This is an attempt to write outside privileged texts that ask subaltern women to speak in a collective voice and articulate their past loss and future hopes. In doing so, I discuss methodology and historicise my own fraught positioning as an international witness/researcher at a very particular moment of El Salvador's transition to democracy.     

Communal Tenure and Rural Poverty: Land Transactions in Svosve Communal Area,Zimbabwe

The idea of communal tenure has formed a key plank in the rural governance of Zimbabwe since independence, but its retention following the Fast Track land reforms of 2000–2002 perpetuates a distinction between ‘commercial’ land governed by a land market and ‘communal’ land on which market transactions are illegal. This article draws on recent research in Svosve Communal Area to examine the dynamics of land access and their implications for rural poverty in Zimbabwe. The authors argue that, as in many other parts of Africa, access to land governed by customary authority in Svosve is increasingly commoditized via informal, or ‘vernacular’, sales or rental markets. In failing to acknowledge and address this commoditization of land, the ‘communitarian’ discourse of customary land rights that dominates the politics of land in Zimbabwe — as elsewhere in much of Africa — undermines, rather than protects, the livelihoods of the rural poor.     

农村宅基地管理：问题与对策

随着我国社会经济的快速发展和城市化、城镇化进程的加快,涉及农村宅基地的矛盾日益突出,已成为影响农村社会安定的重要因素。当前农村宅基地管理上存在着人均宅基地面积超标、村庄建设缺乏合理化规划、＂空心村＂、制度设计有重大缺陷等一系列问题,在此背景下,需要采取如下措施,即：加强宅基地立法体系建设,规范宅基地管理;严格宅基地规划、审批管理;完善农村宅基地流转制度;加强土地执法。     

Mujhe Jawab Do! (Answer me!): Women's grass-roots activism and social spaces in Chitrakoot (India)

Focusing on an ongoing grass-roots campaign of rural women in North India, this article examines how feminist activists strategically use and create social spaces to generate collective dialogue and critical reflection on issues of patriarchy and violence. The author highlights the ways in which grass-roots activists theorize the interrelationships among their own political actions, their visions of empowerment, and the everyday gendered spaces they seek to transform. The article demonstrates how a serious engagement with social spaces in grass-roots activism can enable us to overcome the conceptual gaps in feminist theorizations of empowerment and violence, and to apprehend more adequately the nature, content, and meanings of women's political actions.     

Land and society in early Canada and South Africa

The rural societies of early Canada and South Africa overwhelmingly comprised independent families on their own land and, in comparison with their European antecedents, were strikingly egalitarian and homogeneous. The transformation and simplification of European society in early Canada and South Africa was not the result of fragmentation—the isolation of particular elements of the European whole in remote new settings. Rather, these two colonial societies were common products of the introduction of European assumptions about family and land into settings where land was cheap and markets for farm produce were poor. Taken together these factors are sufficient to explain the general character of rural society in early Canada and most of early South Africa.     

Intra-group interactions and inter-group violence: Sikh mobilization during the partition of India in a comparative perspective

Theories of ethnic conflict posit ethnic mobilization by elites as a necessary condition for ethnic war. What is less well understood is why ethnic mobilization succeeds in some instances, but not in others. This article examines this question using a case that is yet to be systematically explored from this perspective: Sikh mobilization during the partition of British India in 1947. During the period February–July 1947, there were two clear instances in which a section of Sikh elites tried to mobilize group members. While the first attempt at mobilization in March failed to elicit sufficient mass participation, the second attempt, in July, was more effective and created the preconditions for the violence that ensued in August. What explains this variation in mobilization outcomes? We contend that this difference can be traced back to key changes in elite strategy from March to July. In March, mobilization failed because the Sikh elites who were committed to the path of violence left the onus of the mobilization on a small group of extremists and mass sentiments, ignoring serious intra-community differences based on class and caste inequalities. By contrast, in July, they emphasized the issue of land dispossession and gave credible indications of their resolve to use violence to defend individual rights to land. These actions produced greater compliance because of the specific capacity of anti-land dispossession politics to blur intra-group social inequalities and heighten inter-group tensions based on land dispossession.     

Frontiers’ violence: The interplay of state of exception,frontier habitus,and organized violence

As global capitalism is expanding to the most remote areas of the world, the notion of “frontier”, where competing social orders are contesting each other, is gaining traction in academic analyses. Contemporary frontiers are associated with resource exploitation in marginalized spaces and processes of socioecological transformation, which are characterized as particularly violent. This article offers a conceptual contribution to the frontier debate by putting violence in the center of a frontier concept. Building on a sociology of violence, this approach assumes that every social order comes with some form of organized violence. We argue that the frontier is characterized by a tidal passage: Existing orders and their institutions, which socially embed and constrain a particular use of violence, are challenged by an expansive order which comes along with new formations of violence, leading to a reorganization of violence. Thus the frontier describes a momentum in which the interplay of social order and organized violence becomes highly disputed. Representatives of the expansive order refuse to recognize existing orders and favour a state of exception, in which law is set aside to impose the new order.     

新时期中国农村土地综合整治逻辑体系框架

在问题剖析和内涵辨析的基础上,从5个方面构建了农村土地综合整治逻辑体系框架。研究认为,新时期农村土地综合整治在指导理念上应以"理-工-管"等多学科交叉融合的基本理念为指导;在目标定位上应形成包含"现实目标、基本目标、中级目标、战略目标"的层次化目标体系;在宏观战略上应明确今后一段时期内综合整治的战略重点与方向;在统筹安排整治项目方面可按照"战略区-类型区-潜力区-项目区"的空间层次逻辑思路,从国家、区域、亚区、项目4个层级构建综合整治项目空间层级体系;在功能作用方面,可通过土地整治、空间重构、要素整合与机制创新来推进乡村转型发展和城乡一体化进程。