2019
DOI: 10.1139/geomat-2018-0019
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Conflict between Indigenous land claims and registered title: case studies from Canada and Kenya

Abstract: Two case narratives illustrate the difficulties in resolving historical land restitution in different contexts. Cases from Canada and Kenya illustrate how different land conflicts between Indigenous land rights and registered title may be addressed. In Canada, Williams Lake involved an Indigenous community with a long settlement history in the region with a claim going back to early European settlement. In Kenya, Waitiki Farm involved a post-colonial population established by local Indigenous and migr… Show more

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Cited by 2 publications
(2 citation statements)
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“…Although many countries have formulated laws on Indigenous Peoples' rights, land and tree tenure insecurity remain contentious due to the lack of or weak supervision, which increases local elites' control over land and resources (Borelli et al 2019). As a result, numerous land disputes remain unsolved and increase uncertainty about land restitution and relevant jurisdictions for developing infrastructure projects (Bains 2015, Muthama et al 2019, Pasternak 2022.…”
Section: Fairnessmentioning
confidence: 99%
“…Although many countries have formulated laws on Indigenous Peoples' rights, land and tree tenure insecurity remain contentious due to the lack of or weak supervision, which increases local elites' control over land and resources (Borelli et al 2019). As a result, numerous land disputes remain unsolved and increase uncertainty about land restitution and relevant jurisdictions for developing infrastructure projects (Bains 2015, Muthama et al 2019, Pasternak 2022.…”
Section: Fairnessmentioning
confidence: 99%
“…This review ties in with the wider international literature on land restitution processes. While there is a substantive body of literature on post-colonial (e.g., [23][24][25][26]), post-conflict (e.g., [27][28][29]), and post-socialist (e.g., [30][31][32] land restitution processes, Cambodia is one of the few countries where multiple studies have been conducted to examine contested land restitution processes following the 21st century global land rush. This warrants a closer examination of this sizeable body of literature to identify common themes across the various case studies.…”
Section: Introductionmentioning
confidence: 99%