Protection of Indigenous Peoples on the African Continent: Concepts, Position Seeking, and the Interaction of Legal Systems

Abstract

African indigenous peoples confront gross human rights violations, both on the macrolevel of the peoples as a whole, and on the microlevel of the individuals belonging to them. These violations relate to such issues as the right to self-determination; the ownership of land and natural resources, as part of their right to life; the existence of distinct political and economic institutions; discrimination; and lack of access to justice. Taking these and other violations as a starting point, this article focuses on whether the Declaration on the Rights of Indigenous Peoples (the Declaration),1 as adopted in 2007 by the United Nations General Assembly, might be instrumental in helping to solve these problems.