Whose Land Is It Anyway?

An Introspective Exploration of Land, Identity, and Belonging

I am a South African of Indian descent. My parents and grandparents, and I were born in South Africa. I have never set foot in India. Never. Maybe someday I will. But other than my Indian ethnic and racial identity - I am South African. So when a Black South African, tells me or my friends and family to "...get out. Go back to your country! Go back to India!", I am bamboozled. I do not know how to react or respond. And, when that happens, I go into an intellectual mode and into deep thought.

This latest article of mine is borne from that brainwave.

It turns out that Palestinians get told to "Get out!" in Israel, Blacks get told that in China, Muslims get told that in India, people of European descent get told that in New Zealand, the list goes on... which raises probably the most intriguing question of our modern age: "Whose Land Is It Anyway?"

Introduction

The question of land ownership has shaped human history for millennia, fueling migrations, conflicts, and negotiations that have defined civilizations. From the indigenous Khoisan people of Southern Africa to the hill tribes of Thailand, from the Maori of New Zealand to the war-torn regions of Ukraine, disputes over land have often been about more than just territory—they represent identity, survival, and power. These conflicts, both historical and contemporary, challenge the notion of permanence in land ownership.

This article explores land disputes across the globe, focusing on South Africa as a microcosm of broader global struggles while drawing parallels with other regions, including Palestine, Kashmir, and the Americas. By examining these cases, we seek to understand the complexities of land as both a source of livelihood and a symbol of belonging, revealing the common threads that unite humanity’s shared history of displacement and reclamation.

The Case of South Africa: A Microcosm of the World

Southern Africa’s history is deeply emblematic of global trends. The Khoisan, widely regarded as the region's original inhabitants, roamed its plains for tens of thousands of years as hunter-gatherers and pastoralists. Around 2000 years ago, the Bantu-speaking peoples began migrating into the region, bringing agriculture and iron-working. Over centuries, they established thriving communities and kingdoms, like Mapungubwe and the Zulu Empire.

When the Dutch arrived in 1652, they claimed land for the VOC (Dutch East India Company), displacing the Khoisan and later clashing with the Bantu-speaking groups. By the 19th century, British colonizers and Boer settlers exacerbated these conflicts, culminating in the racial segregation policies of the 20th-century apartheid regime.

The result? A deeply fractured society where questions of land restitution remain contentious. The post-apartheid government’s efforts to redistribute land have highlighted the complexities of historical claims. Whose ancestors have the greater right: those of the Bantu-speaking farmers, the Khoisan hunter-gatherers, or the descendants of European settlers who have lived on the land for centuries?

A Global Perspective on Land and Migration

South Africa’s history mirrors events elsewhere, where migration and displacement are recurring themes.

The Americas: Displacement of the Indigenous

When European settlers arrived in the Americas in the late 15th century, they encountered thriving indigenous civilizations. Tribes like the Cherokee, Sioux, and Aztec had complex social structures and spiritual connections to the land. Colonization brought displacement, treaties often signed under duress, and genocide. Today, Native American reservations in the U.S. and indigenous land struggles in countries like Brazil highlight unresolved tensions. In Canada, the government has begun recognizing indigenous land rights through reconciliation efforts, albeit slowly.

Australia: The Aboriginal Struggle

Aboriginal Australians, among the world’s oldest continuous cultures, have lived on the continent for over 60,000 years. When British settlers arrived in 1788, they declared the land terra nullius (nobody’s land), denying Aboriginal ownership. This legal fiction endured until 1992, when the Mabo decision recognized native land rights. Despite progress, Aboriginal communities continue to face systemic marginalization.

Europe: From Celts to Empires

In Europe, migration and conquest have been constants. The Celts were displaced by the Romans, who later faced invasions by the Visigoths and Vandals. Even in modern times, territorial disputes—such as in Northern Ireland or the Balkans—reveal the long shadows of historical migration and conflict.

Asia: Layers of Conquest

In Asia, the Indus Valley Civilization gave way to successive waves of migration and conquest—from the Aryans to the Mughals. Modern-day disputes, such as those in Kashmir or the plight of the Rohingya, reflect tensions rooted in historical land claims.

The Maori: A Fight for Recognition in New Zealand

The Maori, the indigenous people of New Zealand, have lived on the islands for over a thousand years, arriving as Polynesian voyagers. Their connection to the land is deeply spiritual, viewing it as a living entity that sustains life and embodies their identity. However, the arrival of British settlers in the 19th century disrupted this harmony. The signing of the Treaty of Waitangi in 1840, meant to establish a partnership between the Maori and the Crown, instead became a source of contention as land was systematically confiscated, sold, or misappropriated. Today, disputes over land rights remain heated, with Maori groups advocating for the return of ancestral lands and recognition of treaty violations. The Foreshore and Seabed Act (2004), for instance, sparked outrage as it transferred ownership of coastal areas to the Crown, denying Maori customary rights. While subsequent legal reforms have sought to address grievances, the Maori continue to fight for true sovereignty and equitable land distribution, making their struggle emblematic of broader indigenous rights movements globally. Their resilience underscores the importance of honoring historical agreements and reconciling past injustices for a shared future.

Land Disputes in Palestine: A Century of Conflict

The land disputes in Palestine represent one of the most prolonged and contentious conflicts in modern history. At the heart of the issue is the competing claim to the land by Palestinians and Israelis, rooted in historical, religious, and political contexts. Following the Balfour Declaration of 1917, which expressed British support for a Jewish homeland in Palestine, waves of Jewish immigration began during the British Mandate period, leading to tensions with the Arab population. The creation of the State of Israel in 1948, after the UN's partition plan, triggered the Nakba ("catastrophe"), where hundreds of thousands of Palestinians were displaced. Subsequent wars, particularly the Six-Day War of 1967, saw Israel occupy the West Bank, East Jerusalem, and Gaza, areas Palestinians claim as part of their future state. Today, the disputes center on Israeli settlements in the West Bank, the status of Jerusalem, and the right of return for Palestinian refugees. Despite numerous peace talks, the conflict remains unresolved, reflecting broader global challenges of reconciling historical grievances with present realities. The situation underscores the critical need for equitable land-sharing agreements that honor the dignity and rights of all involved.

Thailand: Land and the Marginalization of Hill Tribes

In Thailand, land disputes often involve the hill tribes, indigenous communities living in the northern highlands. These groups, including the Karen, Hmong, and Lahu, have long inhabited forested regions, practicing sustainable agriculture. However, Thai national policies aimed at forest conservation and economic development have displaced these communities, declaring their ancestral lands as national parks or government property. Lacking formal land titles due to systemic exclusion, many hill tribe members face eviction or legal challenges, exacerbating their marginalization. These disputes highlight broader issues of indigenous rights, environmental conservation, and the conflict between traditional land use and modern state policies. Efforts to secure land rights for these communities remain limited, despite increasing global awareness of indigenous struggles.

India and Pakistan: The Kashmir Conflict

The dispute over Kashmir between India and Pakistan is one of the most enduring land conflicts in South Asia. Rooted in the 1947 partition of British India, the princely state of Jammu and Kashmir was given the choice to join either nation. The decision by its ruler to accede to India sparked the first Indo-Pak war, leading to the division of the region. Today, India controls Jammu and Kashmir, while Pakistan administers Azad Jammu and Kashmir and Gilgit-Baltistan, and China controls Aksai Chin. The conflict remains a geopolitical flashpoint, with competing claims exacerbated by religious, ethnic, and nationalist tensions. The recent revocation of Jammu and Kashmir’s special status by India in 2019 has intensified unrest, with the local population caught between militarization and political uncertainty. The dispute underscores the complexities of post-colonial land divisions and the enduring scars of partition.

India: Land Rights of Tribal Communities

India's tribal communities, or Adivasis, have long faced struggles over their ancestral lands. These indigenous groups, who constitute 8% of India’s population, inhabit forested and resource-rich areas often targeted for industrial projects, mining, and infrastructure development. Despite constitutional protections like the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, displacement and land alienation remain rampant. For example, projects such as the Sardar Sarovar Dam on the Narmada River have displaced thousands of Adivasis. While grassroots movements like the Narmada Bachao Andolan have brought attention to these issues, systemic inequities persist. The conflict between development and indigenous land rights in India mirrors similar challenges worldwide, raising questions about sustainable development and social justice.

Russia and Ukraine: A War Rooted in Land and Identity

The conflict between Russia and Ukraine over land is deeply intertwined with history, geopolitics, and national identity. At its heart lies Crimea and the Donbas region, areas claimed by both nations but with complex legacies of governance and demographics. Historically, Ukraine has been a borderland between East and West, with influences from both the Russian Empire and European powers shaping its cultural and political trajectory.

The dissolution of the Soviet Union in 1991 granted Ukraine independence, along with internationally recognized borders, including Crimea and Donbas. However, Russia has long viewed Ukraine as part of its sphere of influence, with shared linguistic, religious, and historical ties complicating the separation. In 2014, Russia annexed Crimea, citing the region’s majority Russian-speaking population and a controversial referendum. This act violated international law and Ukraine’s sovereignty, according to most global observers, and sparked widespread condemnation.

The ongoing war, reignited in 2022, centers on Russian claims to protect Russian-speaking populations in eastern Ukraine while seeking to prevent Ukraine from aligning with NATO and the European Union. Ukrainian counterclaims emphasize territorial sovereignty and the right to self-determination, reflecting the broader tension between imperial ambitions and modern nation-state boundaries.

This dispute also draws from older grievances, including the Holodomor, a man-made famine in the 1930s under Stalin that devastated Ukraine, fostering deep resentment. More recently, cultural and political divisions have been exacerbated by differing visions for Ukraine’s future: alignment with Europe or reintegration with Russia.

The Russia-Ukraine war underscores the complexity of land disputes fueled by overlapping histories and identities. It highlights the dangers of unresolved grievances, the fragility of borders drawn without regard for local dynamics, and the profound human cost of territorial ambition. Like other global conflicts over land, it is a stark reminder that sovereignty and cultural belonging often collide, creating deep and enduring divisions.

Lessons from History

1. Migration is Universal and Inevitable Humans are inherently nomadic. From the earliest Homo sapiens migrating out of Africa to the modern refugee crises, movement is a survival instinct. Land has always been a contested resource, with claims shifting as populations ebb and flow.
2. Ownership vs. Stewardship Indigenous worldviews often frame land as a shared resource, emphasizing stewardship over ownership. The Khoisan, Aboriginal Australians, and many Native American tribes viewed land as sacred, not as property to be fenced off. This contrasts starkly with colonial notions of land as a commodity.
3. Historical Justice is Complex Reparations and land restitution are fraught processes. Who decides the cutoff for historical grievances? In South Africa, the focus is on redressing injustices from colonialism and apartheid, but it leaves unanswered questions about precolonial conflicts. Globally, this challenge persists—from Maori claims in New Zealand to land disputes in Palestine.
4. The Future of Land Climate change and overpopulation are redefining land’s value. Rising seas threaten to displace millions in low-lying areas, while urbanization concentrates populations in cities. Land will continue to be a flashpoint, but the focus may shift from historical grievances to survival.

Whose Land Is It Anyway?

The question of land ownership is as much about power and identity as it is about history. While history provides context, it often cannot resolve disputes. Instead, solutions must look forward, balancing equity with pragmatism.

In South Africa, this means crafting policies that recognize historical injustices while ensuring food security and economic growth. Globally, it means rethinking land not as something to be owned but as something to be shared and protected.

Across continents and cultures, land disputes reveal humanity’s perennial struggle with identity, power, and survival. Whether it is the indigenous Khoisan of Southern Africa, the dispossessed Palestinians, or the contested borders of Ukraine, each conflict underscores a universal truth: land is more than a physical resource—it is a repository of history, identity, and meaning.

As global challenges like climate change and urbanization intensify, the need for equitable and sustainable land policies becomes ever more urgent. While historical grievances cannot always be fully resolved, lessons from past conflicts highlight the importance of dialogue, reconciliation, and recognition of shared humanity.

Ultimately, the land does not belong to any one people forever. As custodians, we must strive to leave it better for future generations, embodying the wisdom of indigenous philosophies that view land not as property, but as a sacred trust. In the end, the land will endure—long after the disputes over its ownership fade into history.

References

• Beinart, W. (2001). Twentieth-Century South Africa. Oxford University Press.
• Diamond, J. (1997). Guns, Germs, and Steel: The Fates of Human Societies. W.W. Norton.
• Peires, J. B. (1989). The Dead Will Arise: Nongqawuse and the Great Xhosa Cattle-Killing Movement of 1856-57. Indiana University Press.
• Smith, A. B. (1999). Khoikhoi and the Founding of White South Africa. Yale University Press.
• Truth and Reconciliation Commission of Canada (2015). Final Report.

Let us reflect on the shared threads of our histories and work towards a future where land serves as a bridge, not a battleground.

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