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- Convenor:
-
Ghada Shawgi
(University of Cape Town )
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- Stream:
- Law
- Location:
- 50 George Square, G.06
- Sessions:
- Wednesday 12 June, -
Time zone: Europe/London
Short Abstract:
Most of the African states include ethnically and culturally distinct minority groups.The proposed panel will bring to the fore the question of the constitutional reform that is eligible to respond to issues of minorities and diversity in Africa.
Long Abstract:
The decolonization project in Africa was basically aimed at removing the foreign rule. The people to whom the right of self-determination applied were strictly defined as populations with non-self governing status, within administrative borders established by the colonial powers. The principle of uti possidetis required the independent states that emerged from colonization to inherit the colonial borders unless the decision makers such as the United Nations agreed on the remarking of the international borders. The application of the principle of uti possidetis has created nation states with multi-ethnic compositions in most African countries. Most of the African states include ethnically and culturally distinct minority groups. The African Charter on Human and Peoples' Rights 1981 (the African Charter) does not include designated provisions on minority rights. The response of the central governments to the demands of minorities for autonomy in the post-colonial era is mostly characterized by mistrust and treating these claims as a threat to the integrity of the nation-state. The position of the African Commission regarding the minority issues is uneven. On one hand, the Commission is reluctant to deal with the tensions around minority issues across Africa, as it is a sensitive political issue. On the other hand, the Commission requires the member states to report on the implementation of the African Charter including protection of minority rights. The proposed panel will bring to the fore the question of the constitutional reform that is eligible to respond to issues of minorities and diversity in Africa.
Accepted paper:
Session 1 Wednesday 12 June, 2019, -Paper short abstract:
This paper uses a case study of Uganda to illustrate some of the tensions underlying the application of UNDRIP. It draws upon findings from recent fieldwork and compares and contrasts the diverse experiences of two of the country's most prominent indigenous peoples (i.e. Batwa and Karamojong).
Paper long abstract:
The 2007 adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) represented a watershed moment for indigenous rights. Though wide-ranging in scope, a core element of UNDRIP is the recognition of rights to land and the related notion of free, prior and informed consent. Given the widespread scale of insecurity and conflicts over land facing indigenous peoples, this represents a critical development. This paper explores the links between UNDRIP and land conflict in a unique context - sub-Saharan Africa. Notwithstanding the dismissive position of numerous African governments that 'we are all indigenous', divisive debates over land, indigeneity and autochthony are on the rise. The paper uses a case study of Uganda to illustrate some of the tensions underlying the application of UNDRIP. It draws upon findings from recent fieldwork in Uganda to compare and contrast the diverse experiences and struggles facing two of the country's most prominent indigenous peoples (i.e. Batwa and Karamojong). The focus on these two distinct groups provides important insights given the striking differences between them. Whereas the Batwa constitute a small group of hunter-gatherers with low capacity to challenge the state, the Karamojong are a much larger group of pastoralists who have a long history of conflict with and opposition to the central government. These cases underscore the varied ways in which indigenous groups might be able to leverage UNDRIP as a vehicle for advancing their rights to their traditional lands - and the potential political implications of employing such strategies.