Cover

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Title Page, Copyright

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Contents

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pp. ii-iv

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Preface

Michelo Hansungule

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pp. v-vi

...At what point does an advocacy intervention acquire the status of ‘best practice’? Is it because of its notoriety in the literature or ubiquity in being referenced in judicial determinations? Dr Siri Gloppen, the highly acclaimed Norwegian political scientist and an authority on social impacts of judicial processes in explaining the scope...

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Acknowledgements

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pp. vii-vii

...The meeting led to a subsequent conference in late 2010 in Lamu where the initial discussions about collaborating on a book on indigenous rights began. Korir then began a one-year fellowship at AISA as a visiting research fellow, during which time the idea of the book was discussed internally and fi ne-tuned within the organisation. It is not an overstatement to say that this volume would...

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About the Editors

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pp. viii-viii

...Ridwan Laher, PhD, is an independent political consultant and research associate at the McGregor Museum in Kimberley, South Africa. He is the 2006/07 Nelson Mandela Chair and Professor for African Studies at Jawaharlal Nehru University in India and former...

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About the Contributors

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pp. ix-ix

...senior legal advisor to Minority Rights Group International’s strategic litigation programme. She is special advisor to the Singapore Management University’s Asian Peace-building and Rule of Law Programme...

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Introduction

Ridwan Laher and Korir Sing’Oei

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pp. x-xvi

...That the indigenous world of custom, ritual and communal governance, especially in Africa, pre-dated the current confi gurations of nation-states in the continent is unarguable. Despite this reality, international and domestic law, in failing to accord this reality pride of place, has historically banded together customary...

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1. Indigenous as equals under the African Charter

Cynthia Morel

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pp. 1-23

...Bogoria, located in the heart of Kenya’s Rift Valley, was to become a wildlife reserve. The failure to compensate the community with adequate grazing land following their eviction severely depleted their livestock. This, coupled with the failure to subsequently involve the Endorois in the management and...

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2. Historical development of indigenous identification and rights in Africa

Dr Felix Ndahinda

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pp. 24-44

...There is a growing consensus within mainstream human rights scholarship and activism that considers some communities of hunter-gatherers and pastoralists as indigenous peoples of Africa. Hunter-gatherer groups...

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3. The Impact of Dominant Environment Policies on Indigenous Peoples in Africa

Melakou Tegegn

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pp. 45-63

...The issue of the rights of indigenous peoples is closely related to environmental conservation because indigenous peoples’ livelihoods largely depend on the conservation of their habitat. That is indeed why the discourse on alternative...

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4. Gender and indigenous peoples’ rights

Soyata Maiga

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pp. 64-84

...Second, indigenous women face further discrimination as a result of being indigenous. Indigenous peoples in Africa are still among the most vulnerable groups, and continue to be subjected to various forms of discrimination, in particular...

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5. Constitutional reform and minority exclusion

Dr Paul Goldsmith

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pp. 85-103

...and the new constitution’s provisions to address historical injustices will lead to political integration and a more equitable stake in the national economy. The process of governance reform, however, is also accompanied by state policies promoting large-scale foreign investment in infrastructure and exploitation of...

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6. Advocacy for indigenous peoples’ rights in Africa

George Mukundi Wachira and Tuuli Karjala

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pp. 104-123

...are employed by indigenous peoples in Africa to vindicate their human and peoples’ rights. The various interventions identifi ed in the chapter – while contributing to the promotion and protection of indigenous...

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7. A challenging nexus

Laura A. Young

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pp. 124-148

...and indigenous peoples in countries undergoing transition. This chapter uses comparative case studies to examine how transitional justice mechanisms and governments have responded to the demands of indigenous...

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8. The past is never just in the past

Ridwan Laher

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pp. 149-168

...a general consensus that the past, which can be described as an ‘ugly past’ in reference to associated human rights violations and other atrocities, cannot merely be ignored if individuals, societies and nation-states seek redress, reconciliation...

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9. Conclusion

Ridwan Laher and Korir Sing’Oei

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pp. 169-176

...communities have self-defi ned as indigenous and decried their marginal positions in post-colonial nation-states in particular. What makes the case of indigenous peoples in Africa unique is the fact that the African...

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