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

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

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

Author(s): Felix Mukwiza Ndahinda (Author)

  • Publisher: T.M.C. Asser Press
  • Publication Date: April 11, 2011
  • Edition: First Edition
  • Language: English
  • Print length: 415 pages
  • ISBN-10: 9067043338
  • ISBN-13: 9789067043335

Book Description

With a Foreword by Prof. Asbjørn Eide, a former Chairman of the UN Working Group on Indigenous Populations, Chairman of the UN Working Group on Minorities, President of the Advisory Committee on National Minorities of the Council of Europe

Following the internationalization of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have channelled their claims for special legal protection through the global indigenous rights movement. Their claims as the indigenous peoples of Africa are backed by many (international) actors such as indigenous rights activists, donors and some academia. However, indigenous identification is contested by many African governments, some members of non-claimant communities and a number of anthropologists who have extensively interacted with claimant indigenous groups.

This book explores the sources as well as the legal and political implications of indigenous identification in Africa. By highlighting the quasi-inexistence of systematic and discursive – rather than activist – studies on the subject-matter, the analysis questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries. The book navigates between various disciplines in trying to better capture the phenomenon of indigenous rights advocacy in Africa.

The book is valuable reading for academics in law and all (other) social sciences such as anthropology, sociology, history, political science, as well as for economists. It is also a useful tool for policy-makers, legal practitioners, indigenous rights activists, and a wide range of NGOs.

Dr. Felix Mukwiza Ndahinda is Associate Professor at the International Victimology Institute Tilburg (INTERVICT), Tilburg University, The Netherlands.

Editorial Reviews

Book Description

Under international law, the recognition of a particular community as an indigenous people entitles it to some special legal protection. However, certain governments and groups consider all pre-colonial inhabitants of Africa as indigenous. This book discursively analyses the legal and socio-political implications of this form of identification in multi-ethnic Africa.

About the Author

Felix Mukwiza Ndahinda is an Assistant Professor at the International Victimology Institute, Tilburg.

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