International Law Colonialism And The Concept Of Indigenous Peoples In Africa
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| Author | : Kealeboga N. Bojosi |
| Publisher | : |
| Total Pages | : |
| Release | : 2011 |
| Genre | : |
| ISBN | : |
This thesis draws on the conventional narrative that the concept of indigenous peoples developed within the context of the colonial encounter and that the norms that developed within that context aimed at regulating the relations between colonial settlers and the indigenous peoples. However, the thesis argues that international law, guided by colonial imperatives, developed parallel principles and norms to regulate relations between colonial settlers and the natives in different contexts. In territories marked unsuitable for permanent and extensive European settlement, trusteeship and eventual decolonisation were prescribed. Whilst the international law rhetoric of trusteeship putatively applied to all indigenous peoples, in reality the indigenous peoples in territories marked suitable for permanent European settlement were decidedly excluded from the practical implementation of this doctrine, from the West Africa Berlin Conference through to the Trusteeship Council of the UN. This would receive international juridical imprimatur through the so-called saltwater thesis. This exclusion became the conceptual pivot of the emergent international indigenous peoples' movement aimed at rectifying the obvious anomaly of the selective decolonisation process. The thesis further argues that the contemporary norms of international law on indigenous peoples developed within this context to regulate specific socio-economic, political and historical contexts. Furthermore, it contends that the perceived indigenous peoples' problematique in Africa is partly a broader post-colonial manifestation of the manner in which international law sought to manage the colonial encounter in Africa through the creation of pseudo-European political, economic and social institutions and policies that presently exist. The thesis deconstructs the conceptual basis for the application of the concept of indigenous peoples in post-colonial Africa and argues that a less controversial approach is to focus on the norms within the African Charter on Human Peoples' Rights and general international law that do not depend on the flawed conceptual assumptions of indigenous peoples.
| Author | : Felix Mukwiza Ndahinda |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 408 |
| Release | : 2011-04-27 |
| Genre | : Law |
| ISBN | : 9067046094 |
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 | : Joshua Castellino |
| Publisher | : BRILL |
| Total Pages | : 420 |
| Release | : 2005-03-01 |
| Genre | : Law |
| ISBN | : 9047407326 |
This volume highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters.
| Author | : Solomon Dersso |
| Publisher | : PULP |
| Total Pages | : 375 |
| Release | : 2010 |
| Genre | : Indigenous peoples |
| ISBN | : 0981442021 |
| Author | : Antonietta Di Blase |
| Publisher | : Roma TrE-Press |
| Total Pages | : 331 |
| Release | : 2020-02-24 |
| Genre | : Law |
| ISBN | : 8832136929 |
This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations.
| Author | : Jérémie Gilbert |
| Publisher | : BRILL |
| Total Pages | : 349 |
| Release | : 2016-06-21 |
| Genre | : Law |
| ISBN | : 9004323252 |
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. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
| Author | : Patrick Thornberry |
| Publisher | : Manchester University Press |
| Total Pages | : 502 |
| Release | : 2013-07-19 |
| Genre | : Political Science |
| ISBN | : 1847795145 |
This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in different cultures, including America, Africa and Australia. It defines "indigenous peoples" and looks at their position in international law.
| Author | : Mieke van der Linden |
| Publisher | : BRILL |
| Total Pages | : 364 |
| Release | : 2016-10-05 |
| Genre | : Law |
| ISBN | : 9004321195 |
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
| Author | : Newman, Dwight |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 528 |
| Release | : 2022-04-19 |
| Genre | : Law |
| ISBN | : 1788115791 |
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
| Author | : Irene Watson |
| Publisher | : Taylor & Francis |
| Total Pages | : 237 |
| Release | : 2017-07-14 |
| Genre | : Law |
| ISBN | : 1317240669 |
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
