| Title: |
A Long Time Gone: Post-conflict Rural Property Restitution under Customary Law. |
| Authors: |
Joireman, Sandra F. sjoirema@richmond.edu; Meitzner Yoder, Laura S. laura.yoder@wheaton.edu |
| Source: |
Development & Change. May2016, Vol. 47 Issue 3, p563-585. 23p. |
| Subject Terms: |
*Civil restitution; *Property rights; Customary law; Social conflict; Lawsuits & claims |
| Geographic Terms: |
Africa |
| Abstract: |
ABSTRACT 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. [ABSTRACT FROM AUTHOR] |
| : |
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| Database: |
Business Source Premier |