A Socio-legal Analysis of the Complexity of Litigating Ancestral Land Rights

Willem Odendaal, Paul Hebinck

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

Indigenous people are engaged in legal battles to restore their rights to their land. They are not only seeking to undo the injustices of the past, but also ways to improve their livelihoods. Finding a legal way to address their rights to their ancestral lands has evolved as an important politico-legal instrument. Backed by litigators, international treaties, concerned scholars and funding arrangements litigating on ancestral land rights matters has emerged as an important ‘weapon of the weak’. Reclaiming their land appears not so easy and is not so straight forward. We address the recurrent issues, the pitfalls, the challenges that emerge during and after litigation which is only one of the many steps in restoring rights.
Original languageEnglish
Title of host publicationLand Tenure Challenges in Africa
Subtitle of host publicationConfronting the Land Governance Deficit
EditorsH. Chitonge, R. Harvey
Place of PublicationCham
PublisherSpringer
Chapter12
Pages247-265
Edition1
ISBN (Electronic)9783030828523
ISBN (Print)9783030828516, 9783030832803
DOIs
Publication statusPublished - 1 Jan 2022

Publication series

NameLand Tenure Challenges in Africa
ISSN (Print)2520-1417
ISSN (Electronic)2520-1425

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