|Title||Evolving Legal Protections for Indigenous Peoples in Africa: Some Post-UNDRIP Reflections|
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 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: 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.
|Keywords||indigenous peoples; United Nations Declaration for Indigenous Peoples (UNDRIP); self-determination; free, prior and informed consent (FPIC); human rights; peoples’ rights; Endorois|
|Journal||African Journal of International and Comparative Law|
|Journal citation||26 (3), pp. 339-365|
|Publisher||Edinburgh University Press|
|Digital Object Identifier (DOI)||https://doi.org/10.3366/ajicl.2018.0236|
|Published||03 Aug 2018|