Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Perspectives on the rights of minorities and indigenous peoples in Africa

Perspectives on the rights of minorities and indigenous peoples in Africa
Edited by Solomon Dersso (ed)
2010
ISBN:  978-0-9814420-2-0
Pages: viii 365
Print version: Available
Electronic version: Free PDF available

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About the publication

This book is a result of a collaboration between the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC) and the Centre for Human Rights, University of Pretoria. Most of the chapters of the book are based on the workshop that the two institutions jointly organised, with the funding from the Conflict and Governance Facility (CAGE). The workshop was held on 13 and 14 April 2007 at the Faculty of Law, University of Pretoria. The chapter by Kristin Henrard and Dwight Newman were subsequently added as they were not present at the workshop. The book combines contributions from emerging African and internationally recognised scholars in the filed. The chapters in the book have been peer-reviewed and reworked by the authors. All efforts have also been made to incorporate a major development subsequent to the conference, namely the adoption of the UN Declaration on the Rights of Indigenous Peoples in September 2007.

However, developments after December 2009, including the African Commission’s finding in the Endorois case against Kenya, has not been incorporated. The peer-review process and updating of the chapters account for the unfortunate delay in the publication of this book. The patient cooperation of the contributors and the generous funding of CAGE are much appreciated. The book aims primarily to develop African perspectives regarding the international discourse on minority and indigenous peoples’ rights. The major contributions of the book are its articulation and analysis of the particularities of the African context and its critique and (re)conceptualisation of minority and indigenous peoples rights to cater for these particularities. It should be of great interest to scholars, students, government officials and indigenous peoples’ organisations in Africa and elsewhere in the world.

About the editor:

Solomon Dersso


Table of Contents

Foreword
Contributors
1. Introduction
Solomon A Dersso

PART I: Minorities and indigenous peoples: the evolution of concepts

  • 2. The evolution of the concept of Indigenous peoples and its contemporary dimensions
    S James Anaya
  • 3. The socio-historical and political processes leading to the emergence and development of norms on minorities
    Solomon A Dersso

PART II: The African human rights system pertaining to indigenous peoples

  • 4. Reflections on the legal protection of indigenous peoples’ rights in Africa
    Frans Viljoen
  • 5. The African Commission Working Group of Experts on the Rights of Indigenous Communities/ Populations: Some reflections on its work so far
    Kealeboga N Bojosi

PART III: International dimension of indigenous peoples’ protection

  • 6. Africa and the United Nations Declaration on the Rights of Indigenous Peoples
    Dwight G Newman
  • 7. Indigenous Peoples’ Rights and the Committee on the Elimination of Racial Discrimination
    Fergus MacKay

PART IV: Specific rights of minorities and indigenous people in Africa

  • 8. Minorities in Africa and the right to equality and non-discrimination
    Kristin Henrard
  • 9. The right to self-determination, minorities and indigenous peoples in Africa
    Solomon A Dersso
  • 10. Towards an effective right of indigenous minorities to political participation in Africa
    Kealeboga N Bojosi
  • 11. Indigenous peoples’ rights to land and natural resources
    George Mukundi Wachira

Selected Bibliography
Selected International Instruments and Documents
Selected Cases
Index


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