Search results for "Indigenous peoples' right"

The Contribution of the Inter-American Human Rights Bodies to Evolving International Law on Indigenous Rights over Lands and Natural Resources

2010

AbstractBecause of the special relationship with land that characterises indigenous groups, rights over land and natural resources are at the heart of indigenous claims under international law. The Inter-American Commission on Human Rights and the Inter-American Court have developed a copious jurisprudence on the subject matter and contributed to the establishment of certain minimum indigenous peoples' land rights under customary international law. This article analyses the Inter-American judicial discourse on land issues in the light of the current status of relevant international law and reflects upon the potential contribution of the former to the further development of the latter. It fo…

The Contribution of the African Court on Human and Peoples’ Rights to the Protection of Indigenous Peoples’ Rights

2018

On the 26th May 2017, the African Court on Human and Peoples’ Rights rendered its first judgement on an indigenous peoples’ rights case, dealing with the forced eviction of the Ogieks, a Kenyan hunter-gatherer indigenous community of approximately 20.000 members, from their ancestral lands in the Mau Forest. The ruling, which has been extensively welcomed as a «huge victory» and a «landmark» for the protection of indigenous peoples’ rights in Africa, touches on many complex and sensitive issues concerning the situation of indigenous peoples all over the continent. The aim of the present contribution is to use the Ogiek decision to study the Court’s approach to indigenous peoples’ rights and…

Indigenous Rights

2010