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E-raamat: Transitional Justice and Socio-Economic Harm: Land Grabbing in Afghanistan [Taylor & Francis e-raamat]

  • Formaat: 204 pages, 3 Tables, black and white
  • Sari: Transitional Justice
  • Ilmumisaeg: 19-Sep-2022
  • Kirjastus: Routledge
  • ISBN-13: 9781003134411
  • Taylor & Francis e-raamat
  • Hind: 189,26 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
  • Tavahind: 270,37 €
  • Säästad 30%
Maintaining the importance of socio-economic issues in devising transitional justice mechanisms, this book examines the widespread practice of land grabbing in Afghanistan.

On 3 September 2003, 100 armed police officers bulldozed around 30 homes in the Sherpur neighborhood of Kabul, Afghanistan, evicting over 250 people. Historically, the land was part of the property of the Ministry of Defense, of which a zone was allocated to the ministrys employees who had built homes and had lived there for nearly 30 years. After the demolition, however, the land was distributed among 300 high-ranking government officials, including ministers, deputy ministers, governors and other powerful warlords. Land grabbing in Afghanistan has become a widespread practice across the country. Based on over 50 semi-structured interviews with key informants and group discussions with war victims and local experts in Kabul, the current book examines the relevance of transitional justice discourse and practice in response to this situation. Following a critical criminological concern with social harm, the book maintains that it is not enough to consider a countrys political history of violent conflict and the violation of civil and political rights alone. Rather, to decide on appropriate transitional justice mechanisms, it is crucial to consider a countrys socio-economic background, and above all the socio-economic harm inflicted on people during periods of violent conflict.

This original and detailed account of the socio-economic challenges faced by transitional justice mechanisms will be of interest to those studying and working in this area in law, politics, development studies and criminology.
Preface and acknowledgments xi
Introduction: Setting the scene 1(29)
A land-grabbing case in the Sherpur neighborhood of Kabul
1(1)
Relevance of Sherpur for the current study
2(3)
Sherpur and beyond
5(2)
Research aim
7(1)
Introduction to the conceptual framework
7(1)
Critical criminology
7(1)
Transitional justice
8(2)
Introduction to the empirical component
10(1)
Methodology
11(2)
Desk research
13(1)
Fieldwork
14(3)
Data analysis
17(1)
Ethical considerations
18(1)
Research limitations and challenges
19(1)
Security
20(1)
Data saturation
21(1)
Validity and reliability
21(2)
Researcher's positionality
23(2)
Emotional challenges of the data analysis
25(1)
Book structure
25(1)
References
26(4)
1 Socio-economic harm in violent conflicts, transitional justice and critical criminology
30(43)
Socio-economic harm in times of violent conflicts
31(4)
Socio-economic harm, transitional justice and criminology
35(1)
Transitional justice and socio-economic harm
35(7)
Transitional justice and development
42(1)
Transitional justice and structural inequality: A move towards transformative justice
43(4)
Critical criminology and a harm-based approach to crime
47(1)
Critical criminology
47(3)
An understanding of crime
50(3)
Harm-based approach to crime
53(2)
State crime
55(1)
Approaches to state crime
56(4)
State crimes as serious human rights violations
60(1)
Approaches to economic crime in criminology
60(5)
Conclusion
65(1)
References
66(7)
2 Housing, Land and Property (HLP) loss in violent conflict
73(12)
The right to adequate housing in the human rights regime
73(2)
HLP rights violation in violent conflicts and peace settlements
75(3)
Land grabbing and transitional justice
78(3)
Land dispute, urbanization and criminology
81(1)
Conclusion
82(1)
References
82(3)
3 Violent conflict, socio-economic harm and transitional justice in Afghanistan
85(17)
Conflict background
85(4)
The Bonn Agreement
89(1)
Transitional justice in Afghanistan
90(1)
"A Call for Justice"
90(1)
The Action Plan for Peace, Reconciliation and Justice
91(1)
Bottom-up approach to transitional justice
92(1)
The impact of violent conflict on the socio-economic fabric of the Afghan society
93(4)
Market economy and liberalpeacebuilding in Afghanistan
97(2)
Conclusion
99(1)
References
99(3)
4 Housing, Land and Property rights in Afghanistan
102(22)
Background and legal framework for HLP rights in Afghanistan
103(2)
HLP rights, women and the marginalized population
105(2)
Land tiding and registration
107(1)
Land dispute mechanisms in Afghanistan
108(2)
Conflict impact on HLP rights in Afghanistan
110(1)
The returnee IDPs' perception on HLP harm
111(3)
The returnees' perception on HLP harm
114(3)
Perceptions of victims of land grabbing
117(4)
Conclusion
121(1)
References
122(2)
5 Land grabbing in Afghanistan
124(15)
General background and definition of land grabbing in Afghanistan
126(2)
Definition of land grabbing in Afghanistan
128(1)
Land grabbing in the Afghan law
129(2)
Tackling land grabbing in practice
131(1)
The Strategic Plan to combat land grabbing
131(4)
Other measures by the government to tackle land grabbing
135(1)
Conclusion
136(1)
References
137(2)
6 Land grabbing in Afghanistan, economic-state crime and transitional justice
139(31)
Land grabbing as economic crime
139(1)
The actor
139(3)
The motive behind the act
142(2)
The contextual factors and means employed
144(6)
The consequences and harm
150(3)
Land grabbing as state crime
153(1)
State crimes of commission
153(2)
State crimes of negligence
155(3)
State crime by omission
158(1)
Land grabbing as economic-state crime
159(1)
Transitional justice and land grabbing
160(1)
Land grabbing and impunity
160(1)
Land grabbing and property restitution/provision to the IDPs and returnees
161(2)
Land grabbing as serious human rights violations
163(1)
Quality (the degree of gravity)
164(1)
Quantity (level of frequency)
165(2)
Conclusion
167(1)
References
167(3)
7 Transitional justice and criminology: Bridging the gap
170(23)
Through the prism of crime
170(1)
The gap between criminology and transitional justice
171(3)
Towards bridging the gap by combining fieldwork and an interdisciplinary approach
174(2)
Crime as injury and social harm
176(1)
State crime victims
177(3)
Through the methodological prism
180(2)
Conclusion
182(1)
References
183(3)
Conclusion
186(1)
Main argument and research contribution
187(2)
Recommendations
189(1)
Recommendations for future research
190(1)
References
191(2)
Appendix A Questionnaire 193(3)
Appendix B List of interviews 196(2)
Index 198
Huma Saeed is an affiliated senior researcher at the Leuven Institute of Criminology, Belgium, and an independent consultant on transitional justice and human rights.