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Accepted Paper:

Indigenous Peoples, UNDRIP and Land Conflict: The Case of Uganda  
Matthew Mitchell (University of Saskatchewan)

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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.

Panel Law01
Minority rights in Africa
  Session 1 Wednesday 12 June, 2019, -