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African, American and European Trajectories of ModernityPast Oppression, Future Justice?$
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Peter Wagner

Print publication date: 2015

Print ISBN-13: 9781474400404

Published to Edinburgh Scholarship Online: September 2017

DOI: 10.3366/edinburgh/9781474400404.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 06 April 2020

Land and Restitution in Comparative Perspective: Analysing the Evidence of Right to Land for Black Rural Communities in Brazil and South Africa

Land and Restitution in Comparative Perspective: Analysing the Evidence of Right to Land for Black Rural Communities in Brazil and South Africa

Chapter:
(p.174) 8 Land and Restitution in Comparative Perspective: Analysing the Evidence of Right to Land for Black Rural Communities in Brazil and South Africa
Source:
African, American and European Trajectories of Modernity
Author(s):

Joyce Gotlib

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474400404.003.0009

This chapter examines and compares the legitimised objects linked to the right to land of black rural communities associated with the reparation policies in Brazil and South Africa. In the Brazilian case, legal recognition of landownership of areas occupied by reminiscences of quilombos (descendants of the slave population) is part of the affirmative action policies adopted by the federal government to combat racial discrimination since the proclamation of the constitution of 1988. In South Africa, the land restitution programme is aimed at the reparation of injustices committed during the apartheid. The chapter shows how the state legitimises ‘orders of grandeur’ of land that differ from its Western conception — which understands it only as an economic good — and converts them into state legibility. It also considers the different ways in which ancestral land rights are justified by the state in these research contexts, in which ancestors, saints and graves have agency as do human beings.

Keywords:   black rural communities, reparation policies, Brazil, South Africa, landownership, quilombos, land restitution, racial discrimination, ancestral land rights, affirmative action

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