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Indigenousness in Africa: A Contested Legal Framework for Empowerment of 'Marginalized' Communities


ISBN13: 9789067043335
Published: April 2011
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Hardback
Price: £44.99



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Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special legal protection. Their legal claims as the indigenous peoples of Africa are backed by many international actors such as indigenous rights activists, donors and scholars. However, indigenous identification is resisted by many African governments, some community members and some anthropologists. Felix Mukwiza Ndahinda explores the sources of indigenous identification in Africa and its legal and political implications. Noting the limitations of systematic and discursive, as opposed to activist, studies, it questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries and adopts an interdisciplinary approach in order to capture the indigenous rights phenomenon in Africa.

Subjects:
Human Rights and Civil Liberties, Other Jurisdictions , Africa
Contents:
1. Introduction: indigenous identity in Africa Part I. Indigenous Claims in Africa under Global Perspective 2. Overview of narratives on indigenousness; 3. Contextual application of indigenousness in Africa Part II. International and Regional Legal Position of Claimant African Indigenous Peoples 4. International legal framework and indigenous claims in Africa 5. Indigenous claims and rights under African regional institutions Part III. Indigenousness in Africa under selected cases 6. Twa marginality and indigenousness in Rwanda 7. Indigenization of pastoralist Maasai in Kenya Part IV. Empowerment of Marginalized Ethno-Cultural Identities 8. Indigenousness, human security and empowerment of marginalized identities in Africa 9. Indigenousness, ethnicity, marginality and empowerment: which path to the future?