Rights for the Landless: Comparing Approaches to Historical Injustice in Brazil and South Africa

Abstract

This essay seeks to compare two approaches to property reform as solutions to historical injustice. Brazil and South Africa prove to be prime examples of how incorporating and entrenching socio-economic rights into their constitutions is an effectual method of remedying historical injustice. Using a social obligation theory of property rights as a guide, this essy will seek to show that property reform is essential to remedying historical injustice. In particular, this essay will focus on the constitutional provisions created to protect property and socioeconomic rights in both countries. Providing for the stability and security of these rights is a powerful method of social transformation wich moves away from historical injustice. In Part I, this essay will present the social obligation theory of property and mention the benefits of entrenching rights to property and socio-economic rights in a country’s constitution. In Part II, this essay will introduce the Brazilian scheme for land reform by first summarizing its development, the constitutional provisions, and then the current state of the “landless” problem. In Part III, this essay will give a brief description of the historical background of injustices in South Africa, present the relevant South African constitutional provisions, and then discuss the country’s current landless problem. In Part IV, the essay will compare the two schemes and evaluate their relative successes in achieving their land reform goals.