In South Africa land is one of the most significant and controversial topics. Land restitution has been a complex, multidimensional process that has failed to meet the expectations with which it was initially launched in 1994. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice.

Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice. A valuable contribution to the field of land and agrarian studies, both in South Africa and internationally, it is undoubtedly the most comprehensive treatment to date of South Africa’s postapartheid land claims process and will be essential reading for scholars and students of land reform for years to come.

This book investigates the judgements South Africans make about the fairness of their country's past, focusing on historical land dispossessions.

Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order. Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justice Covers a wide range of situations, and presents a broad range of sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ have been declared after periods of violence Addresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation

Archives, Recordkeeping, and Social Justice expands the burgeoning literature on archival social justice and impact. Illuminating how diverse factors shape the relationship between archives, recordkeeping systems, and recordkeepers, this book depicts struggles for different social justice objectives. Discussions and debates about social justice are playing out across many disciplines, fields of practice, societal sectors, and governments, and yet one dimension cross-cutting these actors and engagement spaces has remained unexplored: the role of recordkeeping and archiving. To clarify and elaborate this connection, this volume provides a rigorous account of the engagement of archives and records—and their keepers—in struggles for social justice. Drawing upon multidisciplinary praxis and scholarship, contributors to the volume examine social justice from historical and contemporary perspectives and promote impact methodologies that align with culturally responsive, democratic, Indigenous, and transformative assessment. Underscoring the multiplicity of transformative social justice impacts influenced by recordmaking, recordkeeping, and archiving, the book presents nine case studies from around the world that link the past to the present and offer pathways towards a more just future. Archives, Recordkeeping, and Social Justice will be an essential reading for researchers and students engaged in the study of archives, truth and reconciliation processes, social justice, and human rights. It should also be of great interest to archivists, records managers, and information professionals.

This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Are Truth and Reconciliation Commission processes enough to achieve reconciliation? This volume discusses issues that arise once the task of reconciliation emanates from the limited scope of a specific Truth and Reconciliation Commission and into the larger society and political system that originated it. Scholars spanning several research fields, from law to history to theology, discuss how transformative reconciliation can be cultivated in a society, using decolonization and other perspectives, along three lines: by specifying transformative issues and processes in law and politics, by criticizing historical perspectives on the past and its concepts as deliberations of the status quo, and by instilling the inherent dynamics of truth and reconciliation processes as permanent features within broader society. The volume embarks on an investigation of the Norwegianization policy, a historical framework that brought injustices upon minority groups, such as the Sami and Kvens (Norwegian Finns) in Norway, and parallel groups in Sweden and Finland. It extends its exploration to analogous unjust policies in South Africa, Canada, and various other contexts. Within the complex web of cultural, social, political, and economic struggles stemming from colonial policies, the roles of religion, politics, research institutions, and civil society are critically examined.

The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment. Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and social justice. It asks whether the current political and social crises in South Africa are linked to the country’s post-apartheid transitional mechanisms, specifically, the TRC. The fact that the material conditions of the lives of many Apartheid victims have not improved, forms a major theme of the book. Collectively, the book considers the ‘unfinished business’ of the TRC.

Finalist for the African Studies Association's 2021 Best Book Prize. Explores the limits of law in changing unequal land relations in Kenya.

An assessment of the transitional processes aimed at creating a stable and just society in South Africa.