Litigating Indigenous Peoples’ Rights in Africa: Potentials, challenges and limitations
Article
Gilbert, J. 2017. Litigating Indigenous Peoples’ Rights in Africa: Potentials, challenges and limitations. International and Comparative Law Quarterly. 66 (3), pp. 657-686. https://doi.org/10.1017/S0020589317000203
Authors | Gilbert, J. |
---|---|
Abstract | Adopting a comparative analysis, this article examines some of the recent cases of litigation which have focused on indigenous peoples’ rights across the African continent. The aim is to explore the potentials but also the challenges and limitations of litigation as a tool for supporting the rights of indigenous peoples in Africa. The article explores to what extent an African jurisprudence is emerging from these cases on issues that are essential to indigenous peoples such as non-discrimination, self-identification, land rights and development. It also focuses on the practical issues that arise with engaging with litigation to explore to what extent it could contribute to the legal empowerment of some of the most marginalised communities in Africa. |
Journal | International and Comparative Law Quarterly |
Journal citation | 66 (3), pp. 657-686 |
ISSN | 0020-5893 |
1471-6895 | |
Year | 2017 |
Publisher | Cambridge University Press for British Institute of International and Comparative Law |
Accepted author manuscript | |
Digital Object Identifier (DOI) | https://doi.org/10.1017/S0020589317000203 |
Web address (URL) | https://doi.org/10.1017/S0020589317000203 |
Publication dates | |
Online | 15 Jun 2017 |
Publication process dates | |
Deposited | 16 Jan 2017 |
Accepted | 09 Jan 2017 |
Accepted | 09 Jan 2017 |
Copyright information | This is an author’s accepted manuscript of an article that has been published in a revised form in International and Comparative Law Quarterly [http://dx.doi.org/10.1017/S0020589317000203]. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © British Institute of International and Comparative Law |
License | All rights reserved |
https://repository.uel.ac.uk/item/84v57
Download files
237
total views902
total downloads4
views this month5
downloads this month