Indigenous peoples’ human rights in Africa: the pragmatic revolution of the African Commission on Human and Peoples’ Rights.

Gilbert, Jérémie (2011) Indigenous peoples’ human rights in Africa: the pragmatic revolution of the African Commission on Human and Peoples’ Rights. International & Comparative Law Quarterly, 60 (1) . pp. 245-270. ISSN 0020-5893 [Article] (doi:10.1017/S0020589310000746)

Abstract

The definition and scope of indigenous peoples’ human rights are usually contentious in the context of Africa. Recently, the African Commission on Human and Peoples’ Rights has started to focus its attention to the plights of indigenous communities. In the light of a recent decision of the Commission regarding indigenous peoples’ land rights in Kenya, this article examines to what extent the leading human rights institution for the continent is developing its own jurisprudence on indigenous peoples’ human rights. The article argues that by offering a pragmatic approach to the rights of indigenous peoples, the African Commission has managed to instigate a revolution in the way indigenous peoples’ human rights are perceived in Africa. As such the Commission has made an important contribution for the continent but also for the rights of indigenous peoples globally. Moreover, the decision of the African Commission also provides one of the first comprehensive adjudications on the practical aspects of a human rights approach to development.

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