This dissertation explains how international disputes over the legal foundations of United States imperial expansion became sites of unanticipated struggle over the legitimacy of the American justice system. Between the mid nineteenth century and the early twentieth, the United States submitted to a series of international tribunals designed to award monetary compensation for loss of life and property resulting from the wave of territorial acquisitions that transformed the nation into a global empire. These claims commissions depoliticized the dispossession that resulted from annexation by characterizing it as a form of exchange that could be retroactively settled through arbitration. The model of justifying expansion through claims settlement came into crisis when foreign nationals from Panama, the West Indies, and Mexico who were living in United States territories turned to these tribunals to argue that the US government authorized forms of state violence and labor coercion in violation of the international norms known as the “standard of civilization.” By demonstrating how claimants used seemingly technical calculations of market value compensation to question the government’s ability to protect life and property within its borders, the dissertation uncovers a forgotten moment of struggle over the limits and possibilities of international law to address structural injustices within the American legal system.

<p>History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.</p>

<p>History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.</p>

Thesis (doctoral), Universität, Düsseldorf, 2006. / Includes bibliographical references (p. 245-257).

Thesis (doctoral), Universität, Düsseldorf, 2006. / Includes bibliographical references (p. 245-257).

This study is about a population of 235 households in Blouberg municipality, Limpopo Province, that constituted itself in 2004 into a Communal Property Association. The Tale Ga-Morudu CPA was formed in order to own, manage and control a total of seventeen farms which were progressively restituted to them during 2004 by the Commission on Restitution of Land Rights. Tale Ga-Morudu households were dispossessed and forcefully removed from a number of fertile, arable and irrigable farms1in the 1960s due to racially discriminatory laws or practices. These households were then relocated by the then apartheid regime on the eastern part of Mogalakwena River. They were distributed in the arid communal areas of Laanglagte/Vergelegen, Matekereng; Ga- Mankgodi; Letswatla and Mamoleka under the traditional leadership of Kgoshi Maleboho of BabinaTšhwene. (Map one). It is the aim of this study to find out how Tale Ga-Morudu CPA currently uses these restituted farms for the households who have said to have benefited from restituted land. The researcher used his own observations, lessons and analysis of perspectives from case studies conducted from Limpopo in order to pursue this aim. This study adopted a descriptive household survey design that used a predominantly quantitative approach, and the use of qualitative methods to complement contextual details. A quantitative questionnaire was used on a sample unit of (20%) 45 households obtained by simple random sampling from a population of 235 households of the CPA. Other qualitative methods include focus group discussion, document review and observation. From the results it is clear that land claimants, prefer to retain existing practices of land use, than risk changes in land use in order to meet their socio-economic needs. Thus, instead of investing in commercial agriculture or wildlife farming, people follow subsistence agriculture and remain dependent on social grants and pensions for their livelihood. The general study findings show that the CPA planned to implement different types of land use including those of direct land use value. These include food gardens, resettlement; game farming; poultry enterprises and livestock grazing, and also of indirect use value. The latter refers to contract crop cultivation, rentals and strategic partnerships. The study found that despite income being generated from indirect types of land use, the majority of these intended beneficiaries never benefited from accrued financial dividends of land rental and development. However, households were still able to take advantage of employment opportunities created by contract crop cultivation and in the process they acquired crop cultivation skills. Furthermore the harvesting of natural resources such as wood and poles also contribute to the wellness of households. Households, also derived cultural wellness and a sense of satisfaction by accessing their restored farms to perform rituals. The general conclusion of the study is that the CPA is underutilizing its properties, including arable and irrigable fields, rentable recreational facilities, game farming and its tourism potential.

Some organizations considering tackling racial injustice are engaging in historical accountability processes for past harms. Here, I explore three cases of organizational historical accountability: APA’s public apology and action plan to address its history of perpetuating racism, Georgetown University grappling with its history of slavery, and the land transfer from Yale Union to the Native Arts and Culture Foundation as an act of land re-matriation. Using an exploratory case study approach based on analysis of publicly available documents, 16 interviews with involved stakeholders and 10 interviews with academics and activists, I explore these organizations’ processes of historical accountability, the facilitating factors and challenges these organizations encountered, and the elements stakeholders saw as particularly essential to these projects. These case studies exemplify ways these processes can connect past patterns with present and future dynamics, deconstruct destructive dynamics, reconstruct constructive dynamics, and also maintain existing patterns. These case studies reveal stakeholders often have different aims and lenses for viewing these processes. Given these differences, I propose five orientations for the ways organizations can take on historical accountability projects: perform, reform, repair, dismantle, and realign. These orientations are not mutually exclusive, but may help distinguish different aims, logics, theories of change, and elements that undergird historical accountability projects aimed at racial justice.

Thesis (M. Dev.) -- University of Limpopo, 2003 / Refer to the document

This thesis investigates the role that African indigenous value systems, Ubuntu in particular, could play in building a reconciled South Africa. In doing so a discourse analysis on Ubuntu is conducted and its potential in facilitating social cohesion in the quest for nation building. Specific focus is drawn on higher education an important task if we are to consider the accusation that higher education like its society, is still undergoing transformation and is under pressure to provide quality education for all people whilst also considering the large numbers of cultures that exist. For much needs to be done in redressing the imbalances caused by the apartheid education system which was organized according to racial lines. In doing so, Nelson Mandela Metropolitan University is utilised as a case study with narrative presentations of how students perceive this traditional African value and its applicability to reconciliation in a post conflict society. For seemingly, there is something inherently important about this value in that it has been invoked and referred to in many important instances in South African history.

In May of 2021, in a move unprecedented in European history, the governments of Germany and Namibia announced the completion of their negotiations for funding to redress what they together have termed the "wounds" of the colonial past. The bilateral agreement had long been declared void by Namibians of diverse backgrounds, however, who protested that the way they have been treated pales in comparison to the kind of treatment that Jewish people of various communities have received from Germany since 1945. My ethnographic research followed the diversity of discourse about German colonialism in two years leading up to this agreement in multiple locations; from hearings concerning legal demands for the return of Herero and Nama indigenous land, bones, and cattle in New York City, to political struggles around race and racism in Berlin, to the intransigent settler work of German Lutheran landowners in Namibia. I explore this ethnographic and historical material in a thesis that has three distinct sections. In the first part, I look at the place of the idea of Germany in these ongoing struggles by turning to the German Namibian community and the networks that they operate in and through. I ask after the borders of Germany as an idea, as a territory, and as a political theology – and I look to what "German Namibia" can tell us about contemporary German politics more broadly – most specifically as a site to undertake a potential genealogy of German Protestant Liberalism and its various phantasms. In the second part, I look to the history of Holocaust reparations and its relationship to the Herero and Nama case in the New York courtroom to understand how historically specific iterations of the figure of the suffering Jew have come to contour various grammars in which repair for anti-Black violence and native dispossession are fought for and responded to, especially when figured through the juridical language of reparations. In the third part, I turn towards the contemporary German politics of acknowledgment, Vergangenheitsbewältigung, the process of coming to terms with the past. Rather than asking here after the lack of attention to colonial history on the part of the German state, I ask after how the state has actively tried to oppose colonial racism by integrating the history of colonialism into its memory politics. I look to the multiple paradoxes of this attempt that I argue ultimately leads to a reinscription of German white supremacy upon racialized bodies. Overall, my research turns to the past and present of German settler colonialism to explore the politics of reparation on an international scale alongside the relationship between race, religion, and repair in a fractured Europe.