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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Righting wrongs: confronting land dispossession in post-colonial contexts
Author:Mbote, P.K.
Year:2009
Periodical:Eastern Africa Law Review (ISSN 0012-8678)
Volume:35-40
Pages:103-124
Language:English
Geographic term:East Africa
Subjects:land rights
land law
property rights
Abstract:Dispossession is a common phenomenon in many parts of the world - particularly Africa - where colonization entailed the process of taking over land owned by native peoples and passing it over to the colonizers and their vassals. Confronting land dispossession in many countries remains a critical part of land and resource crises. Within this context, the present paper discusses restitution. It examines the foundations of the right to restitution, land restitution in contemporary times and in the context of the concept of justice. Following a section on the right of restitution under international law, the paper provides some examples of historical injustices calling for restitution, viz. the land problem of the Bunyoro kingdom in Uganda; the case of the Maasai in Tanzania and Kenya; historical injustices among the Ogiek of Kenya, and the case of internally displaced persons in Kenya's Rift Valley. After discussing challenges to land restitution, the paper concludes with an exposť of new forms of dispossession. Notes, ref. [ASC Leiden abstract]
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