WE WANT WHAT’S OURS: LEARNING FROM SOUTH AFRICA’S LAND RESTITUTION PROGRAM

Book ID/图书代码： 12580015B86561

English Summary/英文概要： Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world,but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore propertywhile also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want Whats Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want Whats Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity inyears to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.

Chinese Summary/中文概要： 在世界各地，数以百万计的人们被迫离开自己的家园、失去自己的财产。被剥夺住房和社区对于个人而言往往意味着失去更多，不仅是房子和其他物质财产，更是自己的尊严。在南非的殖民时期以及种族隔离时期，这样的剥夺相当典型。在世界各地都有类似情况，但南非采取了独树一帜的补救措施。除了常见的提供物质赔偿（赔偿实际损失）之外，综合性的补救措施希望在赔偿财产的同时对抗其背后的非人性和各种不公。本书作者采访了超过150位南非土地归还计划的参与者，描绘了一幅缩影，展现其中的成与败。本书对于世界各国都有参考价值，期望南非吸取的经验能够对其他国家政府、政策制定者、学者以及国际机构有所帮助，让赔偿不仅限于经济损失，更补偿失去的尊严。（LYR）

Awards/获奖情况：本书对于种族隔离时期的财产剥夺究竟为南非的非白人居民造成了多大的影响——经济的，身体的，情感的——作了深刻的讨论。当时，政府以最低的代价在非白人居民的居住地开展工程。Atuahene以大量采访记录展现少有人知的财产损失情况，以及种族隔离时代过去之后的南非是如何提供补偿的。（Carol M. Rose, 亚利桑那大学罗杰斯法学院水以及自然资源法教授，Gordon Bradford Tweedy，耶鲁法学院荣誉教授）

当一个人流离失所，他的尊严将受到怎样的打击？本书是对这个问题的深刻反思。Atuahene通过展现南非在试图解决问题时的成与败，表达了她个人认为能够承认和肯定那些伤害或许是更好的补救方式。她的建议不仅针对南非，更针对世界各地有着同样问题的国家。本书是充满人性的贡献，我们需要互相了解。（Joseph William Singer，哈佛法学院法学教授。）

Bernadette Atuahene’s We Want What’s Oursis a powerful discussion of the impacts - economic, physical, and emotional - that Apartheid-era property dispossessions have had on South Africa’s non-white urban dwellers. During that era, government-supported projects proceeded in areas occupied by non-whites with only the most minimal regard for the belongings of the local occupants. Atuahene uses extensive interview material to illuminate the still-raw sensibilities raised by past instances of property loss, as well as the difficulties that post-Apartheid South Africa has had in attempting to provide reparation. (Carol M. Rose, Lohse Professor of Water and Natural Resource Law, University of Arizona Rogers College of Law; Gordon Bradford Tweedy Professor Emeritus, Yale Law School)

This book contains a detailed description of the steps taken in post-Apartheid South Africa to remedy past deprivations of land by racist colonial and Apartheid regimes. It emphasizes that much more than financial loss is involved. Land deprivation includes also the taking of the dignity of the former owners. If there are to be meaningful reparations, a programme designed to help restore that lost dignity is essential. The author has conducted impressive research and many moving interviews with victims of land deprivation. This book is essential reading for all interested in restorative justice. (Richard Goldstone, former Justice of the South African Constitutional Court)

Professor Atuahene’s book brings a fresh perspective to analysis of South Africa’s land restitution programme. For her analytical framework, she focuses on the right of every person to human dignity. She examines how this was impacted by racial land dispossession under colonialism and apartheid. She then asks whether dignity has been restored through the remedies afforded under the Constitution. The focus of her research is also novel. She concentrates on urban rather than rural racial dispossession. In assessing the impact of the remedies afforded, she provides the results of her ground-breaking research on how claimants’ have used and benefitted, in particular, from financial compensation awards. (Alan Dodson, former Judge of the South African Land Claims Court)

This book is a sober and nuanced reflection on the dignitary harms that accompany displacement of a people from their place on earth. Atuahene favors remedies that acknowledge and respond to those harms while revealing the successes and failures of South Africas approach to this problem. Atuahene suggests ways to improve such responses not only in South Africa but in the many places around the world that have suffered dignity takings. A compelling and humane contribution to our understanding of what we owe each other. (Joseph William Singer, Professor of Law, Harvard Law School)

About the Author/作者介绍： Bernadette Atuahene是芝加哥肯特法学院的法学教授，她拥有耶鲁大学的法学博士和哈佛大学的MPA学历，曾撰写了大量有关土地问题的文章，并曾作为顾问协助世界银行以及南非土地索赔委员会。Bernadette还曾导演并制作了一个简短的纪录片，名为Sifuna Okwethu，关于一个南非家族如何斗争并最终夺回了被种族隔离政府偷走的土地。这部电影入选好几个电影节。Bernadette曾被授予富布赖特奖学金以及多项其他奖励。

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