Evolving Legal Protections for Indigenous Peoples in Africa : Some Post-UNDRIP Reflections

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Inman , D , Cambou , D & Smis , S 2018 , ' Evolving Legal Protections for Indigenous Peoples in Africa : Some Post-UNDRIP Reflections ' , African Journal of International and Comparative Law , vol. 26 , no. 3 , pp. 339-365 . https://doi.org/10.3366/ajicl.2018.0236

Title: Evolving Legal Protections for Indigenous Peoples in Africa : Some Post-UNDRIP Reflections
Author: Inman, Derek; Cambou, Dorothee; Smis, Stefaan
Contributor: University of Helsinki, Area and Cultural Studies
Date: 2018-08
Language: eng
Number of pages: 27
Belongs to series: African Journal of International and Comparative Law
ISSN: 0954-8890
URI: http://hdl.handle.net/10138/308924
Abstract: Prior to the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) many African states held a unified and seemingly hostile position towards the UNDRIP exemplified by the concerns outlined in the African Group's Draft Aide Memoire. In order to gain a better understanding of the protections offered to indigenous peoples on the African continent, it is necessary to examine the concerns raised in the aforementioned Draft Aide Memoire and highlight how these concerns have been addressed at the regional level, effectively changing how the human rights norms contained within the UNDRIP are seen, understood and interpreted in the African context. The purpose of this article is to do just that: to examine in particular how the issue of defining indigenous peoples has been tackled on the African continent, how the right to self-determination has unfolded for indigenous peoples in Africa and how indigenous peoples' right to free, prior and informed consent has been interpreted at the regional level.
Subject: 513 Law
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