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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Property restitution laws in a post-war context: the case of Mozambique
Author:Unruh, JonISNI
Year:2004
Periodical:African Journal of Legal Studies (ISSN 1708-7384)
Volume:1
Issue:3
Pages:147-165
Language:English
Geographic term:Mozambique
Subjects:land law
property rights
land reform
conflict resolution
External link:https://doi.org/10.1163/221097312x13397499736183
Abstract:Post-war reconstruction environments involve particular contexts within which legal reform must operate in order to facilitate the peace process, recovery, and development. Land and property restitution after a war is an important but difficult issue for the integrity of the process, given the chaotic rights environment created by war and the limited financial, personnel, and institutional resources of governments recovering from war. This article examines Mozambique's experience with the creation of a land and property restitution legal regime within a post-war context that includes: a) strong restitution desires by very divided segments of the population that differ markedly in literacy, access to the State, allegiance during the war, attachment to legitimate authority, and tenure system; b) a history of changing and failed land policy; and c) the extreme lack of State capacity needed to manage a formal restitution programme. After setting out the history of the war and land policy in Mozambqiue, the article examines restitution claims, and describes how the land law reform has attempted to produce a legal environment whereby many complex restitution cases could be 'self managed'. Bibliogr., sum. [Journal abstract]
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