A Long Time Gone: Post-conflict Rural Property Restitution under Customary Law

Mass displacement of people due to violence poses a unique set of challenges for property restitution when people return to their homes after a long absence. This is particularly evident in rural areas where the dominant form of land holding is customary tenure. Violence-induced displacement, unlike voluntary migration, challenges both customary and public legaladministrative structures. The lack of written documentation of customary holdings and the importance of the support of community leaders means that incorporating returnees back into a community can be easier for those who choose to return, while reclaiming property without physical return is nearly impossible. This article seeks to make three contributions: 1) to note the diversity of return processes after long displacements in terms of timing and demographics; 2) to demonstrate that the nature of the claims people can make on customary tenure systems is at odds with international legal norms on property restitution after displacement; and 3) to introduce a set of observations and questions on how conflict can change customary law. The article is based on fieldwork conducted in Uganda, Liberia and Timor-Leste, all countries with extended displacement

East Timorese women asylum seekers in Australia : extrapolating a case for resettlement services

After up to 10 years of living as asylum seekers in Australia it appears that most of 1650 East Timorese will be granted permanent residency. The present study describes research into the wellbeing of East Timorese women asylum seekers that found severe risks to social and emotional wellbeing associated with prolonged asylum seeker status. The research findings highlighted a need for measures to protect the wellbeing of asylum seekers during the assessment stage of applications for protection visas. The author refers to the research findings to encourage debate around the need for asylum seekers generally to have access to resettlement services as a policy strategy to provide necessary psychological and material support. Arguing that neglect of basic assistance during the assessment phase of protection applications potentially breaches the UN Declaration, the author illustrates individual, community and global benefits of providing adequate support and avenues for personal development to asylum seeker