We Want What's Ours

Researching WINTER 2015 LAW Vol 26 | No 1

We Want What’s Ours: Learning from South Africa’s Land Restitution Process RESEARCHING LAW We Want What’s Ours: Learning from South Africa’s Land Restitution Process

On her first trip to South Africa in 2002, ABF Faculty Fellow Bernadette Atuahene learned some troubling statistics concerning the country’s political and economic geography. When the apartheid system came to an end in the early 1990s, white South Africans, who comprised less than ten percent of the population, owned about 87 percent of the land. These outsize holdings stemmed from government-sanctioned theft and appropriation of native land, a process that started in colonial times, and continued through most of the twentieth century. When the African National Congress and other liberation parties negotiated the end of the apartheid system with the ruling white National Party, a robust program of land reform was one of their key demands. Yet almost ten years later, when Atuahene arrived in South Africa to begin a clerkship at the Constitutional Court, little had changed.

Today, more than twenty years 1994, the first Constitution It was questions like these that after the end of apartheid, and to call for the establishment prompted Atuahene to return after a multi-year land reform of a commission to oversee to South Africa in 2008 and to initiative, less than ten percent the restitution of land rights), undertake the research project of land taken by whites from moved so slowly? How has the that led ultimately to her book blacks has been returned. How land reform process functioned; We Want What’s Ours: Learning has this occurred? Why has what kinds of compensation from South Africa’s Land South Africa’s land restitution have individuals received? Why, Restitution Program, which was program, mandated by the 1997 and in what manner, have published in 2014. The book Constitution (which replaced inequities persisted for so long? draws its data from a series of the Interim Constitution of qualitative interviews conducted

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by Atuahene with ordinary of South Africa’s first attempts newly formed Union of South South Africans who went at land reform, as well as Africa passed the Natives Land through the land restitution a series of evidence-based Act. Under the Natives Land process, as well as interviews policy recommendations for Act, black land ownership was with land commissioners and subsequent rounds of the restricted to certain areas of other government workers reform process. the country, which totaled only responsible for administering seven percent of the land mass the program. From these Past Property Theft (this number was increased to interviews, Atuahene was and the Promise of 13 percent under a subsequent able to better understand the Land Reform act); consequently, more blacks challenges faced by claimants The history of South Africa were forcibly removed from and program officials, and is marked by systematic theft their land. Apartheid became to appreciate what had of native lands executed and/ official government policy been achieved when the or legitimated by the white- in 1948, and displacements program worked well and the dominated government. During and dispossessions, executed opportunities lost when it did colonial times, the British and under the aegis of various laws, not. Ten years in the making, Dutch violently dispossessed continued through the 1980s. it is the first comprehensive, natives of their land both as As Atuahene explains, as a systematic, qualitative study a means of distributing it to consequence of this history, “in of urban land reform in South white settlers and as a way to 1994, whites owned about 87 Africa. The book breaks new destroy African self-sufficiency. percent of the land although ground, as it presents an The system of land confiscation they constituted less than ten empirically grounded analysis continued after the Second percent of the population. There of the successes and failures Boer War, when in 1913 the was one unifying chord over

COVER: The slogan ‘We Won’t Move’ appears on a wall in Sophiatown, a suburb of Johannesburg, 1955. In 1955, the Group Areas Act allowed the government to relocate the black inhabitants of Sophiatown to the surrounding countryside, having allocated specific living areas to people of specific races. (Photo by Jurgen Schadeberg/Getty Images)

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Families being evicted from Sophiatown, February 1, 1955. Photo by Terence Spencer/The LIFE Images Collection/ Getty Images

the centuries—dispossession the African middle class, as nobody goes in there … It was part of a larger strategy to Atuahene states, “when they was terrible but because I subjugate blacks whom white were evicted from their home was under the white regime authorities considered sub in Sophiatown, it was clear that what could I do? I was a persons not worthy of full and their economic success would toothless citizen. I just had equal inclusion in the political not erase their subordinate to be nodding and saying ‘ja community.” place in society.” Mrs. Baruti: baas, ja baas.’ [“yes, boss, Mrs. Baruti1, a nurse, and her The day I had to leave yes boss”] The soldiers were husband, an audit clerk at the Sophiatown…they sent two there, the police were there. bus company, illustrate this trucks to come and remove There was nothing much you point. Though members of my furniture and all…As we could do. moved out they bulldozed The apartheid system began the house we were staying to break down in the late 1All names have been changed to protect respondents’ anonymity. in same day, to make sure 1980s and early 1990s as

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the government undertook or practices is entitled, to Research Method negotiations with the opposition the extent provided by an For her primary data, Atuahene African National Congress Act of Parliament, either to drew on 150 semi-structured (ANC) under the leadership of restitution of that property or interviews she conducted with Nelson Mandela. Both sides to equitable redress.” claimants in 2008, each lasting made concessions, a key ANC The agency charged by between thirty and ninety concession being the protection Parliament in 1994 with making minutes. Unlike most research of current property rights. this constitutional promise a on land reform in South However, at the same time, the reality was the newly formed Africa, Atuahene focused on ANC won the promise of future Commission for the Restitution urban rather than rural areas. land reform. This promise is of Land Rights. In the early Interviews were conducted with enshrined in Chapter 2 of the days of the restitution process, people evicted from their homes Constitution of the Republic of the commission’s role was in the Western Cape Province, South Africa in the following to facilitate agreement by all which includes Cape Town, Sections, most notably Sections parties subject to a claim, and to and Guateng Province, which 25.5, 25.6 and 25.7. forward their recommendation encompasses both Johannesburg • 25.5: “The state must take to the Land Claims Court that and Pretoria. In the Western reasonable legislative and would ratify, amend, deny Cape, interviewees had lost their other measures, within its or modify the agreement. homes in and around Cape available resources, to foster While the court brought Town, in communities such as conditions which enable expertise, clarity, direction and District Six, Paarl, and Steurhof, citizens to gain access to land accountability to the process, as well as in further flung on an equitable basis. it also slowed proceedings communities such as Luyolo to a painful crawl, with the Township in Simonstown, • 25.6: “A person or result that the commission was Mossel Bay, Die Eiland, and community whose tenure able to settle only four claims Dysseldorp. In Guateng Province, of land is legally insecure between 1994 and 1996. This Atuahene interviewed former as a result of past racially rate of decision-making was residents of Kliptown, Evaton, discriminatory laws or unacceptable; claims were Sophiatown, and Payneville,as practices is entitled, to the being filed at such a rate that well as the community of extent provided by an Act of by the cutoff date of December Marabastad, located just Parliament, either to tenure 31, 1998, just under 80,000 outside Pretoria. Several of which is legally secure or to had been filed. Consequently, these communities had been comparable redress.” in 1997 Parliament amended multi-racial before their • 25.7: “A person or the original 1994 Restitution destruction, so in addition to community dispossessed of Land Rights Act so that African respondents, Atuahene of property after 19 June settlement agreements no longer also interviewed people of 1913 as a result of past required the court’s approval. South Asian and “mixed” race racially discriminatory laws backgrounds. A small number of white respondents, who

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had been relocated (and Commission in Pretoria. From institutional review of the compensated) by the this position she was able project, ensuring that it met government in order to create to observe the commission ethical standards for human new segregated communities in action, access relevant subjects research. ABF paid for for blacks and coloreds were documents and records, and a graduate research assistant to interviewed as well. ask any questions she had of help code respondents’ replies commission staff. The interview to the interview questions, so In addition, she conducted phase of Atuahene’s research that patterns might be identified twenty-six semi-structured was funded by an International and analyzed. In addition, ABF interviews with commission Affairs fellowship from the and Chicago-Kent College of officials working in the Central Council on Foreign Relations. Law co-sponsored a manuscript Land Claims Commission as conference, providing an well as in the Gauteng and The American Bar Foundation opportunity for Atuahene to Western Cape Regional Land provided Atuahene with receive expert feedback on the Claims Commissions. She mentorship and practical book’s structure and arguments. also spent seven months as a support during the planning, “The book is ten times better participant observer, conducting analysis and write-up stages because of the manuscript research from an office within of her project. Both Chicago- conference,” says Atuahene. the Central Land Claims Kent and the ABF provided

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Dignity Takings and dispossessed and reintegrate the commission’s ability Dignity Restoration them into the fabric of to effectively address the society through an emphasis deprivations of property, human Central to Atuahene’s research on process.” Based on the worth, agency and community. is the concept of dignity takings, principles of restorative justice, The other story is about how a term she coined. According dignity restoration involves dispossessed people were often to Atuahene, a dignity taking “compensation that addresses overwhelmed and unable to occurs “when a state directly or both the economic harms smoothly navigate their way indirectly destroys or confiscates and the dignity depravations through the complicated property rights from owners involved.” As it adopted a restitution process because or occupiers whom it deems to democratic form of government they did not have the financial be sub persons without paying and a new constitution, South resources, knowledge, networks, just compensation or without a Africa chose the difficult path or assistance from civil society legitimate public purpose.” As of moving “beyond reparations organizations necessary to hold Atuahene elaborates, a dignity to facilitate dignity restoration” the commission accountable taking is a “radical taking in cases where land had been when it was not acting in where the state does not pay unjustly confiscated in past their interest or strictly in anything even approximating years. Through her study of accordance with the relevant the market value of property; South Africa, Atuahene seeks laws.” In addition, the or when the taking is part of a to answer, in both theoretical commission was hampered by larger attempt to dehumanize and empirical terms, the central inadequate training and high or infantilize the dispossessed question, “when there has been employee turnover. Financial group...” a dignity taking, what does compensation was generally Atuahene argues that because dignity restoration require?” quicker and easier to distribute this kind of taking results not Her book examines “whether than land, and, in its haste, only in economic deprivation the post-apartheid state was at times the commission but also in a negation of human able to facilitate dignity emphasized that option. As worth and autonomy—what she restoration through its land Atuahene explains, in theory terms “dignity deprivations”—a restitution program mandated the process, “was supposed full remedy requires more than by section 25.7 of the South to promote choice, but this just compensation for things African constitution.” is not what happened. Many taken. While compensation respondents never had an addresses financial deprivations, The Restitution Process opportunity to choose because dignity restoration, another in Practice the commission often did not term Atuahene introduces, From her analysis of interviews present them with all of their is “more time-consuming, with both commission options.” complicated, and expensive employees and claimants, “two Because of the rushed process, than reparations,” Atuahene stories emerge,” says Atuehene. as well as a poor understanding explains. Dignity restoration “One story is about how the of the ramifications, and for is more complicated because ever-looming deadline to other reasons, the majority of it “seeks to rehabilitate the finalize all the claims impaired

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urban claimants took financial while harder to attain, was I’m not afraid here. I feel free compensation, Atuahene found. by far the more valuable Mrs. Suwandi and her family “In the end,” Atuahene states, award, providing a measure of were evicted from Steurhof “about 73 percent of urban economic justice. In particular, and relocated to a troubled claimants received financial Atuahene found, this kind of neighborhood in the Cape Flats compensation while only 24 compensation allowed some called Lavender Hill. Through percent of claimants received claimants to move to safer the restitution process she was development (the commission neighborhoods, to inhabit able to move out of Lavender referred to any transfer of bigger homes, and to free up Hill: land as development).” These funds to spend on purchases financial awards were modest other than housing. Excerpts Lots of people say ‘why do and “symbolic rather than from interviews with claimants you want to move back it’s tied to the market value illustrate some of these benefits: not the same?’ I said, ‘listen, of the property interests it’s not the same like it was lost,” according to Atuahene. Receiving the home changed that time, but it’s a difference Consequently, the process my life from Lavender Hill.’ It’s a often perpetuated rather than Mrs. Molewa’s family received a huge difference. You don’t remedied existing inequities. home in Payneville: As Atuahene elaborates, “the need to worry at nighttime or state gave current owners [Receiving the home] be scared to go out. Here is market-related compensation changed my life because a little petty petty crime that when it expropriated their when I was renting a house, I they do here, but you don’t land to transfer back to was paying five hundred and need to be afraid. Or I’m not dispossessed communities. the landlord was coming to afraid here. I feel free. As a result, whites received my place saying ‘hey, don’t The Dignity Impact of market-related compensation, do this, don’t do that.’ Now Land Compensation while blacks received symbolic is changing. I do what I compensation,” resulting in “a want, ja. And [my other] Respondents who had received blow to economic justice.” land or housing found deep place was not okay, but now meaning in these awards, it’s okay now…[Before], we Economic Impact of Atuahene found. “Not one were many and it was only Land Compensation person interviewed stated that two bedrooms. We were There were instances, however, the financial benefits were their when the process worked sleeping in the kitchen. My main motivation,” Atuahene reasonably well for individuals, uncles sleeping in the other reports. Many were motivated Atuahene found. Through bedroom, my grandmother by the desire “to retrieve analyzing her interview data, and aunt they were sleeping what never should have been Atuahene learned some of the in the other bedroom. The taken.” Not surprisingly, the positive economic outcomes kids were sleeping in the opportunity to become a of the process. Compensation kitchen, other in the dining landowner engendered a great in the form of land or housing, room. It was not okay. sense of pride.

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You know, at least we’ve got I think [receiving the land] It’s more of an inheritance, what was ours. We got it is doing something towards ja. It’s a family jewel, if I can back. restoring the dignity. It will call it that, ja.” then again depend on the Mrs. Mdunge was reared in Claimants also chose land as Payneville and received a house generation. I mean to me, it a way to help them maintain in Payneville as her restitution will restore some of it. I think and respect cultural traditions. award: to my Mom, it might restore This trend was particularly all of it. But to my younger prominent in the community of This restitution of land claim brother, to him, he might say Evaton, in Guateng Province, or whatever, it brought back I don’t remember living there, Atuahene found. Many Evaton the pride of our people so it won’t. So it will depend residents had returned to their because it wasn’t a nice on [pause] on the generation former holdings as squatters, thing when they were that you talk to. while others had been allowed forcefully removed from by the authorities to remain Many chose land because of [Payneville] to Kwa Thema or on small portions of the larger its sentimental as well as its wherever, far away from town. plots they had once owned. economic value. As Atuahene Far away from everything. So Thus, Evaton residents, still states, “Just as when a cherished in a way, it brings the self- living close to their ancestral family heirloom is lost and homes and burial grounds, saw esteem back to us. You know, then found after a long while, at least we’ve got what was the land as “the foundation although the market value of their cultural identity,” ours. We got it back. of the heirloom may be a according to Atuahene. consideration, it is the long- I think [receiving the land] awaited reunification with We are fighting for this land is doing something towards something beloved that is the of our ancestors, so they can restoring the dignity. It will true cause for celebration.” rest peacefully. then again depend on the generation. It’s a family jewel, if I can call Mrs. Dlamini’s family had been it that, ja. removed from their home in As Atuahene explains, “For the Evaton: older generations, the impact of Mr. Ganesh explained why he receiving land was greater than chose to receive land rather All the family’s traditional for the younger generation who than financial compensation: ceremonies are held on the did not personally witness the land because the ancestors If you look at the land value forced removals or have deep are there. If we move, the connections to the dismembered that’s in that area, although ancestors will be very angry. communities.” Mr. Ganesh, it’s run down, it’s worth far It will destroy our culture. We who was nine years old when more if I put it on the open are fighting for this land of his family was evicted from market than what they were our ancestors, so they can Marbastad, exemplifies this prepared to give me. But it’s rest peacefully. Sometimes trend: not the financial aspect of it. the ancestors come to us in

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our dreams and say we must The Dignity Impact of significant findings of this fight for the land. Financial Compensation study was that the vast majority of respondents purchased Though the effects of receiving My parental home is tombstones no matter how financial compensation in even more important than much money they received… lieu of land or housing were my house. respondents who received more modest, Atuahene smaller sums often had only Mr. Gazini, also from Evaton, notes, “the spending choices enough financing to buy the stated: of respondents who received tombstones, forgoing home financial compensation were improvements and the like.” Mr. I’d rather choose land also imbued with meaning.” Lesedi, formerly of Sophiatown, than money. Money is not Some, Atuahene found, used explained his reason for using important. My parental home their financial compensation his award to buy a tombstone is even more important than to make improvements on for his parents: my house. According to existing houses, not primarily Xhosa culture, if I want to do so that they would live more You know, you never really like a function or ceremonies, comfortably, but rather as a live comfortably in your life I’m supposed to do them in memorial to family members after your parents have died who did not live long enough my parental home. So, that and there’s no remembrance. to experience restitution. For parental home is important A tombstone is…a symbolic example, Mr. Kagiso, who again because I’ve got two gesture to say we thank you had been two years old when sisters. They are married. for having brought us into If they lose their marriage his family was evicted from Simonstown, used his financial this world, number one. And where do they go? Where compensation to build a secondly we cannot afford must they go? They are small annex on his mother’s to forget you, and thirdly that supposed to go back to the home. This was not a financial each time obviously when parental home. investment, rather, as Mr. there’s no tombstone the As Atuahene concludes, Kagiso said, “I did nothing for grave perpetually becomes… “respondents had various myself…you see, I was just it’s neglected. reasons for choosing land or trying, according to my pride, As Atuahene states, “although housing. The land was not just I was just trying to change the in life parents and grandparents an economically valuable asset, shape of my mother’s house,” to were unceremoniously evicted it was much more. Their choice serve as a memorial for what from their homes, in death their to receive land had multiple the family had been through. descendants erected tombstones layers of meaning. Respondents Almost every respondent to house, protect, and identify were reclaiming their pride, used all or part of their them. The tombstones were place, home, ancestors, culture, compensation to purchase a spiritually and culturally and legacy. That is, by choosing a tombstone for deceased important way to recognize the to receive land or housing relatives. According to humanity prior governments respondents were reclaiming Atuahene, “one of the most failed to honor.” their dignity.”

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The Importance of Property from the nation’s sullied past of dehumanization and Communication and Property (housing or land infantilization.” Sustained Process transfer), the most valuable conversation demonstrated to Atuahene found that when all of the restitution awards, was claimants that they had the the relevant parties engaged in the most difficult to attain, attention and respect of officials. sustained conversation, dignity and required significant Conversely, lack of sustained restoration was most likely to communication, Atuahene conversation “left claimants occur. As Atuahene elaborates, found. Overall, sustained feeling disrespected and “sustained conversation is when conversation “led to higher ignored.” As Mrs. Khumalo, a there are multiple rounds of valued restitution awards.” former resident of Sophiatown, exchange occurring at different Conversely, limited conversation recounted: points in time. The interview “made it difficult to distribute data show that when there land” (which was the more We had no choice, we were was a sustained conversation economically valuable option). just given money. Some of where commission officials and Equal Human Worth the people wanted their land claimants were both listening in Sophiatown…Personally, to each other and providing The restitution program was we were prepared to go space for each other to speak, an opportunity for the state back to Sophiatown because then the post-apartheid state to affirm the equal human that’s where we spent most was more likely to facilitate worth of blacks, Atuahene dignity restoration.” Sustained argues. But, she states, “the of our lives. We had no conversation was very difficult, interview data show that choice! There it is [leaning however, because of the large when respondents felt that over gesturing as if she was number of participants who commission officials deprived feeding a dog], open your had to be included: commission them of their agency, and mouth, take it and go away. officials, committee members, thus the relationship between claimants, multiple generations officials and respondents Autonomy as Agency of family members—some mirrored that of yesteryears, and Community of whom may be widely then the restitution program Atuahene found that “sustained geographically dispersed—and generally failed to convey that conversation allowed claimants sometimes an array of local respondents’ position in the to choose their remedy.” and national government polity had drastically improved. Conversely, no sustained officials, according to Atuahene. When, however, respondents conversation left claimants Atuahene found that, though felt that commission officials feeling uninformed and hard to achieve, sustained treated them with respect by without agency in the process.” conversation was the key giving them the necessary Frequently, the process of element in creating a process information, listening to sustained conversation also that resulted in attainment of them, and allowing them to helped bring together members property, the acknowledgment make their own decisions, of sundered communities. For of equal human worth, and the then this most commonly example, Atuahene relates, promotion of autonomy. signaled an unequivocal break “when the commission held

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the very first meeting for the land restitution process would counseling sessions be provided claimants of Sophiatown, be starting in the near future. to financial award recipients former neighbors began Consequently, Atuahene devotes to help them “in maximizing reconnecting and rebuilding the final chapter ofWe Want the economic impact of their their bonds.” At the same time, What’s Ours to defining a set awards.” Finally, Atuahene Atuahene notes, “sustained of recommendations stemming suggests creating a voucher conversation prevented from her findings for the system that “would incentivize community conflicts based on commission to consider when (not force) claimants to choose misinformation.” Conversely, preparing for future rounds options that increased their net “no sustained conversation led of the restitution process. It worth.” Such in-kind options to misinformation, distrust is Atuahene’s hope that these could include “free higher and conflict.” Without full recommendations will help the education for family members, and sustained conversation, commission effectively address subsidized access to credit to claimants began to feel that “the deprivations of property start a small business, priority they were in competition with and dignity caused by the in an already established each other, creating tension. forced removals.” housing program, among a Commission officials sometimes range of other practical and To more effectively address created these problems, by affordable options.” property loss, Atuahene focusing on outcomes at the recommends increasing the To help more completely expense of process, Atuahene amount of financial awards. restore the dignity of claimants, found. For example, financial While Atuahene found that, Atuahene urges the commission compensation was quicker and by far, compensation by land to take steps to improve easier to administer than land transfer had the greatest both communication and compensation. In the case of positive impact on claimants’ accountability. Communication the community of Luyolo, to wealth, given the financial and could be improved by having speed up the process, officials bureaucratic constraints of commission officials spend more concentrated on financial South Africa, a way must be time within the communities compensation, leaving those found to increase the amount of they are serving, either by who chose to be compensated financial compensation offered hiring officers or assistants with land waiting and feeling in by the commission. While who live within the community, the dark and marginalized. it is important to continue or by creating mobile offices Recommendations to look for ways to transfer (similar to mobile public health for Round Two of the land to claimants, given the clinics) where officials could Restitution Process huge number of claims, “the “travel from community to financial compensation option community answering questions, In his 2013 State of the Union will always be necessary and providing information and address then-President Jacob important.” In addition to updates, collecting documents, Zuma announced that the increasing the amount of resolving conflict, and training government planned to extend financial awards, Atuahene community members how to the deadline for lodging claims, recommends that financial guide their former neighbors and that a second round of the

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through the process.” In of the available restitution asking them what they wanted addition, Atuahene states, “it awards. This is work best to know, so it had on-the- is essential for the commission done by trained community ground value as well.” to provide its officials with a organizers and not government The book garnered great comprehensive and systematic bureaucrats,” Atuahene attention in South Africa when training program that educates concludes. it was published in the fall them on the intricacies of the of 2014. Atuahene presented restitution law, communication Building Relationships her findings to hundreds of strategies, and best practices.” Fosters Access and attendees at five public events, Finally, “the commission’s Timely Policy Relevance all of which were sponsored leadership must create new Early in her research, Atuahene by the Konrad Adenauer metrics of success, which focus gained access to the commission Foundation, a German on quality not quantity.” through Justice Tholakale organization that supports civic When the 1997 amendment to Madala, for whom she had education programs aimed at the Restitution of Land Rights clerked in the Constitutional promoting freedom and liberty, Act drastically reduced the role Court of South Africa in 2002. peace, and justice. In addition of the Land Claims Court, it Madala introduced Atuahene to events at the universities of removed an important check on to Thozi Gwanya, who at the Witwaterstrand (Johannesburg) the power of the commission. time was Chief Land Claims and KawZulu-Natal (Durban), While this step was taken Commissioner, and who later Atuahene presented to audiences to speed up the work of the became Director General made up of land commission commission, accountability of the Department of Rural employees in the Western Cape has suffered as a result, Development and Land Reform. as well as to a separate group Atuahene notes. “To remedy Over time, Atuahene built more of high ranking commission this situation,” Atuahene relationships with commission officials. At the event at the states, “the commission staff, who not only allowed her University of Witwaterstrand, should systematically seek access to important records, but Thami Mdontswa, the Deputy out civil society groups to also gave her their perspective Land Claims Commissioner, play the monitoring role once on the land claims process. As announced that the commission undertaken by the court…and she worked with them and had adopted almost all of make certain that claimants’ formulated her research and Atuahene’s recommendations rights are honored.” In addition interview questions, she asked for the second round of the civil society groups could them what they wanted to land claims process, which had help guide claimants through know as well. She then added commenced two months earlier, the process, “publicizing these practical questions to her on June 30, 2014. and facilitating community more theoretical inquiry. So, meetings; informing and Atuahene recalls, “it was a study Global Implications that not only had intellectual empowering citizens; and “Dignity takings have happened value, but I had done the providing information about all over the world and hard work of building those the strengths and weaknesses throughout history,” Atuahene relationships early on, and

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reminds us. “The Nazi African experience to shed light South Africa’s Land Restitution confiscation of property from on how to facilitate dignity Program, is published by Jews during World War II; the restoration.” In particular, Oxford University Press (2014). Hutu taking of property from Atuahene notes, South Africa Tutsis during the Rwandan is an especially good model If you are interested in supporting research genocide; the commandeering for land reform efforts in the on land restitution or other important ABF initiatives, please contact Lucinda of native peoples’ property developing world. Because it Underwood at 312.988.6573 across the globe; and Saddam is implementing a land reform Hussein’s seizing of property process with limited resources from the Kurds and others in it stands as a potential model Iraq are but a few examples.” for nations around the globe As Atuahene states, “in that may be struggling with the the future, international legacy of past land theft. organizations, bureaucrats, Atuahene’s book, We Want policy makers, NGOs, and What’s Ours: Learning from intellectuals can use the South

Law & Social Inquiry Symposium Issue to further examine Dignity Takings and Dignity Restoration

In 2016, Law & Social Inquiry, ABF’s peer-reviewed research journal, will run a special symposium issue on “Dignity Takings and Dignity Restoration” to further explore the issues introduced in Atuahene’s book. Articles by six to seven scholars will explore potential instances of dignity takings throughout the world. Contributors will be given two tasks: first, to use empirical evidence to determine whether there was a dignity taking in the case examined; and second, to explain how the case study examined advances socio-legal scholarship by confirming, contradicting, or expanding the central concept of dignity takings. Contributors may focus exclusively on the harm, or they may also address remedies, and some symposium pieces will look at these questions domestically while others have a global focus.

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Bernadette Atuahene is a member of the faculty of Chicago-Kent College of Law, and has been a Faculty Fellow at the American Bar Foundation since 2007. She holds a J.D. from Yale Law School, and a Master’s in Public Administration from the John F. Kennedy School of Government at Harvard University. After receiving her law degree in 2002, Atuahene was awarded a Fulbright Scholarship to work and study in South Africa, where she served as a judicial clerk at the Constitutional Court of South Africa, working for Justices Madala and Ngcobo. At Chicago-Kent, Professor Atuahene teaches Law, Policy and International Development, Property, and International Business Transactions. Professor Atuahene has published widely on the topic of the confiscation and restitution of property, with a particular focus on South Africa. In 2008 she was awarded the Council on Foreign Relations International Affairs Fellowship, and worked with the South African Director General of Land Affairs and his staff. In addition to We Want What’s Ours, Atuahene has produced and directed Sifuna Okwethu (We Want What’s Ours), a short documentary film about the struggles of one South African family to reclaim their land. Professor Atuahene was named Fellow for the 2011–12 academic year in the Program in Law and Public Affairs at Princeton University.

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