Land Rights Of Indigenous Peoples In Africa

Author : Laher, Ridwan,SingíOei, Korir
Publisher : Africa Institute of South Africa
Page : 196 pages
File Size : 50,7 Mb
Release : 2014-05-05
Category : Political Science
ISBN : 9780798304641

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Indigenous People in Africa by Laher, Ridwan,SingíOei, Korir Pdf

This volume is an attempt to provide this intersectional and reflexive space. The thinking behind the book began in Lamu in mid-2010. It was a time when growing community resistance emerged towards the Kenyan government's plan to build a second seaport under a trans-frontier infrastructural project known as the Lamu Port- South Sudan-Ethiopia Transport Corridor (LAPSSET). The editors agreed that a book that draws community activists, academics, researchers and policy makers into a discussion of the predicament of indigenous rights and development against the backdrop of the Endorois case was timely and needed. Assembled here are the original contributions of some of the leading contemporary thinkers in the area of indigenous and human rights in Africa. The book is an interdisciplinary effort with the single purpose of thinking through indigenous rights after the Endorois case but it is not a singular laudatory remark on indigenous life in Africa. The discussion begins by framing indigenous rights and claims to indigeneity as found in the Endorois decision and its related socio-political history. Subsequent chapters provide deeper contextual analysis by evaluating the tense relationship between indigenous peoples and the post-colonial nation-state. Overall, the book makes a peering and provocative contribution to the relational interests between state policies and the developmental intersections of indigeneity, indigenous rights, gender advocacy, environmental conservation, chronic trauma and transitional justice.

Author : Albert Kwokwo Barume,IWGIA,International Work Group for Indigenous Affairs
Publisher : Unknown
Page : 390 pages
File Size : 43,7 Mb
Release : 2014
Category : Indigenous peoples
ISBN : 8792786405

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Land Rights of Indigenous Peoples in Africa by Albert Kwokwo Barume,IWGIA,International Work Group for Indigenous Affairs Pdf

Author : Albert Kwokwo Barume
Publisher : International Work Group for Indegenous Aff
Page : 200 pages
File Size : 55,5 Mb
Release : 2007-12-31
Category : History
ISBN : 8791563178

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Land Rights of Indigenous Peoples in Africa by Albert Kwokwo Barume Pdf

Author : Robert K. Hitchcock,Diana Vinding
Publisher : IWGIA
Page : 286 pages
File Size : 44,8 Mb
Release : 2004
Category : History
ISBN : 8791563089

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Indigenous Peoples' Rights in Southern Africa by Robert K. Hitchcock,Diana Vinding Pdf

This book is concerned with the first peoples (those people who are considered indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. Although living in democratic countries like Namibia, South Africa, Zimbabwe, and Botswana --and in principle sharing the same rights and responsibilities as the rest of the population--practice shows that these peoples more often than not are at the margins of the societies in which they live; they often face extreme poverty, and they frequently are subjected to discriminatory treatment and exposed to all kinds of human rights abuses. Robert K. Hitchcock is professor of anthropology and geography at the University of Nebraska-Lincoln, USA. He has done extensive research and development work in southern Africa in general and among San peoples in particular. Diana Vinding is an anthropologist working with the International Work Group for Indigenous Affairs (IWGIA) in Copenhagen.

Author : Manuela Zips-Mairitsch
Publisher : LIT Verlag Münster
Page : 432 pages
File Size : 54,8 Mb
Release : 2013
Category : History
ISBN : 9783643902443

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Lost Lands? by Manuela Zips-Mairitsch Pdf

Indigenous peoples in international law --Historical overview --"Indigenous peoples" : term, concepts, and definitions --Differentiation from the term "Minority" --Special indigenous rights or special circumstances? : indigenous protection standards, rights of freedom, and self-determination --Sources of law --Binding norms --ILO convention 169 --UN convention on biological diversity --"Soft law" instruments --Agenda 21, chapter 26 (1992) --UN declaration on the rights of indigenous peoples --Declarations and policies of various international bodies --Indigenous rights as part of customary international law --"Sources of Life" : lands and natural resources --Material standards of protection --Cause of action --The relationship between indigenous peoples and their territories --Collective land rights --Scope of indigenous territories --Restriction of alienation and disposal --Universal human rights treaties --Right of ownership --Right to culture --Right to private and family life --Jurisdiction of international monitoring bodies --Human rights committee --Committee on the elimination of racial discrimination --Sources of freedom and equality : self-determination --"Being indigenous in Africa" : legal developments of indigenous peoples law in Africa --Historical overview --Nature conservation v. human rights protection --African initiatives for the protection of indigenous rights --"Indigenous peoples in Africa" : applying the concept --Indigenous rights in the African context --Regional indigenous rights --The African charter on human and peoples' rights --The African commission on human and peoples' rights --The African court on human and peoples' rights --National indigenous rights --Selected constitutional guarantees --Jurisdiction using the example of South Africa --The case of the ... Khomani San --Richtersveld case --Excursus : "Aboriginal title" --"Aboriginal title" before the South African constitutional --Court --"Hoodia Gordonii" case --Legal perspectives of San Communities --Terminology : San, "Bushmen", Basarwa, Khoesan, N/oakwe or Kwe? --Historical overview until the end of colonial times --Regional historical differences --Botswana --Namibia --South Africa --The "Northern San" --Refiections on indigenous legal perspectives and world views --Botswana : state and society --Sociopolitical history --Pre-colonial phase --Protectorate bechuanaland --Republic of botswana --Sources of law and legal pluralism --Constitutional law --Customary law --Common and statutory law --International law --Fundamental and human rights --San in Botswana --San as citizens : Basarwa and/or Batswana? --Dominant views of the San in Botswana --Development policies --Remote area development programme --Community based natural resource management --Development : nature conservation : a contradiction? --NGO initiatives --National San NGOs --Regional San NGOs --"The lost lands" : relocation from the central Kalahari game reserve --History of the central Kalahari game reserve --The relocation of the G wi and Gana (San) --The legal dispute over the (temporarily?) "Lost lands" --Roy Sesana v. government of Botswana --Termination of basic and essential services --Restoration of basic and essential services --Lawful occupation --Deprivation of land possession --Special game licences --Access to the central Kalahari game reserve (CKGR) --Conclusions --Consequences of the high Court's decision : summary --The legal dispute over access to water --Matsipane Mosetlhanyane, Gakenyatsiwe Matsipane & further applicants v. Attorney general of Botswana --Matsipane Mosetlhanyane & Gakenyatsiwe Matsipane v. Attorney General of Botswana, court of appeal --Consequences of the courts' decisions : summary --Conclusion --The return of the outlaws : an Epilogue by Werner zips --Appendix --Examples of indigenous peoples in Africa (not exhaustive!) --Abbreviations --Bibliography --(Selected) legal texts --International instruments --National laws, regulations and policies --Court cases --Interviews --Index of figures --Index --About the authors.

Author : Joan G. Fairweather
Publisher : University of Calgary Press
Page : 286 pages
File Size : 44,6 Mb
Release : 2006
Category : History
ISBN : 9781552381922

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A Common Hunger by Joan G. Fairweather Pdf

The impact of colonial dispossession and the subsequent social and political ramifications places a unique burden on governments having to establish equitable means of addressing previous injustices. This book considers the efforts by both Canada and South Africa to reconcile the damage left by colonial expansion, in part, looking back with a critical eye, but also pointing the way towards a solution that will satisfy the common need for human dignity

Author : Albert Kwokwo Barume
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 2010
Category : Afrikaners
ISBN : 8791563771

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Land Rights of Indigenous Peoples in Africa by Albert Kwokwo Barume Pdf

The indigenous peoples of Africa are increasingly being dispossessed of their ancestral lands. It started during colonial times, when many of them lost their land to European settlers. It continues today where conservation interests, commercial plantations, mineral exploitations, and other economic activities are leading to encroachments, expropriations, and forced removals. Indigenous peoples have not let this happen without reacting and in some cases they have gone to court, challenging those who threatened them. This book analyzes some of the land cases filed by indigenous peoples in selected African countries, in order to see how the judiciary has dealt with this human rights thematic, and what lessons can be learned from these court cases.

Author : Jérémie Gilbert
Publisher : BRILL
Page : 349 pages
File Size : 53,6 Mb
Release : 2016-07-08
Category : Law
ISBN : 9789004323254

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Indigenous Peoples' Land Rights under International Law by Jérémie Gilbert Pdf

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.

Author : Solomon Dersso
Publisher : PULP
Page : 375 pages
File Size : 45,8 Mb
Release : 2010
Category : Indigenous peoples
ISBN : 9780981442020

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Perspectives on the Rights of Minorities and Indigenous Peoples in Africa by Solomon Dersso Pdf

Author : African Commission on Human and Peoples' Rights
Publisher : IWGIA
Page : 66 pages
File Size : 42,7 Mb
Release : 2006
Category : African Charter on Human and People's Rights
ISBN : 8791563240

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Indigenous Peoples in Africa by African Commission on Human and Peoples' Rights Pdf

Author : Alan C. Tidwell,Barry Scott Zellen
Publisher : Routledge
Page : 250 pages
File Size : 53,5 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781317537540

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Land, Indigenous Peoples and Conflict by Alan C. Tidwell,Barry Scott Zellen Pdf

Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

Author : Felix Mukwiza Ndahinda
Publisher : Springer Science & Business Media
Page : 408 pages
File Size : 40,8 Mb
Release : 2011-04-27
Category : Law
ISBN : 9789067046091

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Indigenousness in Africa by Felix Mukwiza Ndahinda Pdf

With a Foreword by Prof. Asbjørn Eide, a former Chairman of the UN Working Group on Indigenous Populations, Chairman of the UN Working Group on Minorities, President of the Advisory Committee on National Minorities of the Council of Europe Following the internationalization of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have channelled their claims for special legal protection through the global indigenous rights movement. Their claims as the indigenous peoples of Africa are backed by many (international) actors such as indigenous rights activists, donors and some academia. However, indigenous identification is contested by many African governments, some members of non-claimant communities and a number of anthropologists who have extensively interacted with claimant indigenous groups. This book explores the sources as well as the legal and political implications of indigenous identification in Africa. By highlighting the quasi-inexistence of systematic and discursive – rather than activist – studies on the subject-matter, the analysis questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries. The book navigates between various disciplines in trying to better capture the phenomenon of indigenous rights advocacy in Africa. The book is valuable reading for academics in law and all (other) social sciences such as anthropology, sociology, history, political science, as well as for economists. It is also a useful tool for policy-makers, legal practitioners, indigenous rights activists, and a wide range of NGOs. Dr. Felix Mukwiza Ndahinda is Associate Professor at the International Victimology Institute Tilburg (INTERVICT), Tilburg University, The Netherlands.

Author : United Nations Department of Economic and Social Affairs
Publisher : United Nations
Page : 250 pages
File Size : 44,8 Mb
Release : 2011-05-09
Category : Political Science
ISBN : 9789210548434

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State of the World's Indigenous Peoples by United Nations Department of Economic and Social Affairs Pdf

While indigenous peoples make up around 370 million of the world’s population – some 5 per cent – they constitute around one-third of the world’s 900 million extremely poor rural people. Every day, indigenous communities all over the world face issues of violence and brutality. Indigenous peoples are stewards of some of the most biologically diverse areas of the globe, and their biological and cultural wealth has allowed indigenous peoples to gather a wealth of traditional knowledge which is of immense value to all humankind. The publication discusses many of the issues addressed by the Declaration on the Rights of Indigenous Peoples and is a cooperative effort of independent experts working with the Secretariat of the Permanent Forum on Indigenous Issues. It covers poverty and well-being, culture, environment, contemporary education, health, human rights, and includes a chapter on emerging issues.

Author : Albert Kwokwo Barume,Forest Peoples Programme,International Work Group for Indigenous Affairs
Publisher : IWGIA
Page : 148 pages
File Size : 42,8 Mb
Release : 2000
Category : Political Science
ISBN : 8790730313

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Heading Towards Extinction? by Albert Kwokwo Barume,Forest Peoples Programme,International Work Group for Indigenous Affairs Pdf

Chapter 5: Land Rights

Author : Lucy Claridge
Publisher : Minority Rights Group
Page : 10 pages
File Size : 44,6 Mb
Release : 2017-08-08
Category : Social Science
ISBN : 9781907919916

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Victory for Kenya’s Ogiek as African Court sets major precedent for indigenous peoples’ land rights by Lucy Claridge Pdf

African Commission on Human and Peoples’ Rights v the Republic of KenyaIn May 2017, the Ogiek indigenous community of Kenya successfully challenged the denial of their land rights before the African Court of Human and Peoples Rights (‘the Court’). Following an eight-year legal battle, the Court found that the Kenyan government violated seven separate articles of the African Charter in a land rights case that dates back to colonial times.This landmark ruling recognised that the Ogiek – and therefore many other indigenous peoples in Africa – have a leading role to play as guardians of local ecosystems, and in conserving and protecting land and natural resources. This briefing sets out a brief history of the case, the key arguments of the Ogiek and the Kenyan Government’s response, and provides an analysis of the Court’s judgement. The briefing also places the ruling in context and looks at the wider impact beyond Kenya.