DOCSLIB.ORG

LOST LANDS? (Land) Rights of the San in Botswana and the Legal Concept of Indigeneity in Africa

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
LOST LANDS? (Land) Rights of the San in Botswana and the Legal Concept of Indigeneity in Africa Manuela Zips-Mairitsch LOST LANDS? (Land) Rights of the San in Botswana and the Legal Concept of Indigeneity in Africa LIT Contents Acknowledgements 9 Preface by Rene 13 Introduction 21 Part 1: Indigenous Peoples in International Law I. Historical Overview 29 II. "Indigenous Peoples": Term, Concepts, and Definitions 34 Differentiation from Term "Minority" 40 III. Special Indigenous Rights or Special Circumstances? Indigenous Protection Standards, Rights of Freedom, and 42 1. Sources of Law 42 1.1 Binding Norms 43 1.1.1 Convention 169 43 1.1.2 UN Convention on Biological Diversity 45 1.2 "Soft law" Instruments 46 1.2.1 Agenda 21, Chapter 26 (1992) 47 1.2.2 UN Declaration on the Rights of Indigenous Peoples 47 1.2.3 Declarations and Policies of various International Bodies 52 1.3 Indigenous Rights as Part of Customary International Law 56 2. "Sources of Life": Lands and Natural Resources 57 2.1 Material Standards of Protection 57 2.1.1 Cause of Action 58 2.1.2 The Relationship between Indigenous Peoples and their Territories 59 2.1.3 Collective Land Rights 61 2.1.4 Scope of Indigenous Territories 63 2.1.5 Restriction of Alienation and Disposal 64 2.2 Universal Human Rights Treaties 64 2.2.1 Right of Ownership 65 2.2.2 Right to Culture 66 2.2.3 Right to Private and Family Life 66 2.3 Jurisdiction of International Monitoring Bodies 67 2.3.1 Human Rights Committee 67 2.3.2 Committee on the Elimination of Racial Discrimination 68 3. Sources of Freedom and Equality: Self-Determination 70 Part 2: "Being Indigenous in Africa": Legal Developments of Indigenous Peoples Law in Africa I. Historical Overview 79 1. Nature Conservation v. Human Rights Protection 81 2. African Initiatives for the Protection of Indigenous Rights 83 II. "Indigenous Peoples in Africa": Applying the Concept 88 III. Indigenous Rights in the African Context 93 1. Regional Indigenous Rights 94 1.1 The African Charter on Human and 94 1.2 The African Commission on Human and Peoples' Rights 101 1.3 The African Court on Human and Peoples' Rights 104 2. National Indigenous Rights 110 2.1 Selected Constitutional Guarantees 110 2.2 Jurisdiction using the example of South Africa 116 2.2.1 The Case of San 117 2.2.2 Richtersveld Case 120 Excursus: "Aboriginal Tide" 122 2.2.2.1 "Aboriginal Tide" before the South African Constitutional Court 128 2.2.3 "Hoodia Case 132 3: Legal Perspectives of San Communities I. Terminology: San, "Bushmen", Basarwa, Khoesan, N/oakwe or .. 155 II. Historical Overview until the End of Colonial Times 161 1. Regional Historical Differences 169 1.1 Botswana 169 1.2 Namibia 172 1.3 South Africa 173 1.4 The "Northern San" 174 III. Reflections on Indigenous Legal Perspectives and World Views 177 Part 4: Botswana: State and Society I. Sociopolitical History 187 1. Phase 187 2. Protectorate Bechuanaland 189 3. Republic of Botswana 199 II. Sources of Law and Legal Pluralism 216 1. Constitutional Law 216 2. Customary Law 219 3. Common and Statutory Law 222 4. International Law 223 5. Fundamental and Human Rights 225 5: San in Botswana I. San as Citizens: Basarwa Batswana? 237 II. Dominant Views of the San in Botswana 241 III. Development Policies 246 1. Remote Area Development Programme 246 2. Based Natural Resource Management 253 IV Development - Nature Conservation: A Contradiction? 260 V NGO Initiatives 265 1. National San NGOs 265 2. Regional San NGOs 268 Part 6: "The Lost Lands": Relocation from the Central Kalahari Game Reserve I. the Central Kalahari Game Reserve 291 II. The Relocation of the wi and Gana (San) 305 III. The Legal Dispute over the (temporarily?) "Lost Lands" 322 1. Roy Sesana v. Government of Botswana 322 1.1 Termination of Basic and Essential Services 326 1.2 Restoration Basic and Essential Services 328 1.3 Lawful Occupation 329 1.4 Deprivation of Land Possession 332 1.5 Special Game Licences 337 1.6 Access to the Central Kalahari Game Reserve (CKGR) 339 1.7 Conclusions 343 2. Consequences of the High Court's Decision: Summary 345 IV The Legal Dispute over Access to Water 359 1. Matsipane Mosetlhanyane, Gakenyatsiwe Matsipane 6c fur­ ther applicants v. Attorney General of Botswana 360 2. Matsipane Mosetlhanyane Gakenyatsiwe Matsipane v. At­ torney General of Botswana, Court of Appeal 365 3. Consequences of the Summary 369 7: Conclusion 379 The Return of the Oudaws: An Epilogue by Werner Zips 385 Appendix Examples of Indigenous Peoples in Africa (not exhaustive!) 392 Abbreviations 394 Bibliography 395 (Selected) Legal Texts 419 1. International Instruments 419 2. National Laws, Regulations and Policies 421 3. Court Cases 423 4. Interviews 424 Index of Figures 425 Index 427 About the Authors 431 .
Load more

Recommended publications
  • From Ogoni to Endorois (African System) Through Saramaka (Inter-American System) Does Provide More
    INDIGENOUS GROUPS AND THE DEVELOPING JURISPRUDENCE OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS: SOME REFLECTIONS * GAETANO PENTASSUGLIA I. INTRODUCTION The African Charter on Human and Peoples‟ Rights – also known as the African or Banjul Charter (AfrCH) - lies at the core of the African human rights regime. It was adopted in 1981 and entered into force in 1986 following ratification by a majority of member states of the (then) Organisation of African Unity.1 Together with a number of classical individual rights of civil, political and/or socio-economic nature, it enshrines rights of „peoples‟ in Articles 19 through to 24. The AfrCH is monitored by the African Commission on Human and Peoples‟ Rights (ACHPR), which performs both promotional and protective functions. Such functions are principally organised around examining states‟ reports (Article 62), examining communications from individuals, NGOs or states parties on alleged breaches (Articles 47, 55), and interpreting the AfrCH more generally (Article 45(3)). Importantly individuals or NGOs may petition the ACHPR irrespective of whether they are the direct victims of the violation complained of, subject to pre- defined procedural requirements. As the number of African institutions increases,2 the ACHPR still remains central to enhancing human rights protection in Africa.3 * Fernand Braudel Senior Fellow, Department of Law, European University Institute, Italy, 2010; Senior Lecturer in International Law and Director of the International and European Law Unit, University of Liverpool, UK; Visiting Professor, University of Toronto Faculty of Law, Fall 2009. His latest publications include Minority Groups and Judicial Discourse in International Law: A Comparative Perspective (Martinus Nijhoff Publishers, Leiden 2009).
    [Show full text]
  • The Inconvenient Indigenous
    1 SIDSEL SAUGESTAD The Inconvenient Indigenous Remote Area Development in Botswana, Donor Assistance, and the First People of the Kalahari The Nordic Africa Institute, 2001 2 The book is printed with support from the Norwegian Research Council. Front cover photo: Lokalane – one of the many small groups not recognised as a community in the official scheme of things Back cover photos from top: Irrigation – symbol of objectives and achievements of the RAD programme Children – always a hope for the future John Hardbattle – charismatic first leader of the First People of the Kalahari Ethno-tourism – old dance in new clothing Indexing terms Applied anthropology Bushmen Development programmes Ethnic relations Government policy Indigenous peoples Nation-building NORAD Botswana Kalahari San Photos: The author Language checking: Elaine Almén © The author and The Nordic Africa Institute 2001 ISBN 91-7106-475-3 Printed in Sweden by Centraltryckeriet Åke Svensson AB, Borås 2001 3 My home is in my heart it migrates with me What shall I say brother what shall I say sister They come and ask where is your home they come with papers and say this belongs to nobody this is government land everything belongs to the State What shall I say sister what shall I say brother […] All of this is my home and I carry it in my heart NILS ASLAK VALKEAPÄÄ Trekways of the Wind 1994 ∫ This conference that I see here is something very big. It can be the beginning of something big. I hope it is not the end of something big. ARON JOHANNES at the opening of the Regional San Conference in Gaborone, October 1993 4 Preface and Acknowledgements The title of this book is not a description of the indigenous people of Botswana, it is a characterisation of a prevailing attitude to this group.
    [Show full text]
  • DEVELOPMENT DESTROYS Thekill HEALTH of TRIBAL PEOPLES
    LAND AND LIFE Progress can HOW IMPOSED DEVELOPMENT DESTROYS THEkill HEALTH OF TRIBAL PEOPLES a Survival International publication ‘OUTSIDERS WHO COME HERE ALWAYS CLAIM THEY ARE BRINGING PROGRESS. BUT ALL THEY BRING ARE EMPTY PROMISES. WHAT WE’RE REALLY STRUGGLING FOR IS OUR LAND. ABOVE ALL ELSE THIS IS WHAT WE NEED.’ ARAU, PENAN MAN, SARAWAK, MALAYSIA, 2007 contents * 1 INTRODUCTION: LAND AND LIFE 1 2 LONG-TERM IMPACTS OF SETTLEMENT ON HEALTH 10 3 IDENTITY, FREEDOM AND MENTAL HEALTH 22 4 MATERNAL AND SEXUAL HEALTH 28 5 HEALTHCARE 33 6 CONCLUSION: HEALTH AND FUTURE 42 Introduction: Land and Life Across the world, from the poorest to ‘We are not poor or primitive. * the richest countries, indigenous peoples We Yanomami are very rich. Rich today experience chronic ill health. They in our culture, our language and endure the worst of the diseases that our land. We don’t need money accompany poverty and, simultaneously, or possessions. What we need many suffer from ‘diseases of affluence’ is respect: respect for our culture – such as cancers and obesity – despite and respect for our land rights.’ often receiving few of the benefits of Davi Kopenawa Yanomami, Brazil 1995. ‘development’. Diabetes alone threatens the very survival of many indigenous Tribal peoples who have suffered communities in rich countries.3 Indigenous colonisation, forced settlement, peoples also experience serious mental assimilation policies and other ‘You napëpë [whites] talk about health problems and have high levels forms of marginalisation and removal what you call “development” and of substance abuse and suicide. The from ancestral lands almost always tell us to become the same as you.
    [Show full text]
  • Water Access and Dispossession in Botswana's Central Kalahari Game
    Fall 08 2013 216 Rethinking the human right to water: Water access and dispossession in Botswana’s Central Kalahari Game Reserve Cynthia Morinville and Lucy Rodina Institute For Resources, Environment and Sustainability, The University oF British Columbia2202 Main Mall, Vancouver, BC V6T 1Z4, CanadaCorresponding author: [email protected] Final Version: C. Morinville and L. Rodina. 2013. Rethinking the human right to water: Water access and dispossession in Botswana’s Central Kalahari Game Reserve. GeoForum 49: 150- 159.http://dx.doi.org/10.1016/j.geoForum.2013.06.012Citation oF this work should use the Final version as noted above. Rethinking the Human Right to Water: Water Access and Dispossession in Botswana’s Central Kalahari Game Reserve Abstract This paper engages debates regarding the human right to water through an exploration the recent legal battle between San and Bakgalagadi and the government of Botswana regarding access to water in the Central Kalahari Game Reserve. The paper reviews the legal events that led to the realization of the human right to water through a decision of the Court of Appeal of Botswana in 2011 and the discursive context in which these events took place. We offer a contextual evaluation of the processes that allowed the actual realization of the human right to water for the residents of the Central Kalahari Game Reserve, revisiting and extending dominant lines of inquiry related to the human right to water in policy and academic debates. Adding to these discussions, we suggest the use of ‘dispossession’ as an analytical lens is a useful starting point for a conceptual reframing of the human right to water.
    [Show full text]
  • University of Cape Town (UCT) in Terms of the Non-Exclusive License Granted to UCT by the Author
    The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town Government Policy Direction in Botswana, Namibia, and South Africa to their San Communities: Local Implications of the International Indigenous Peoples'Movement Bonney Elizabeth HARTLEY HRTBON001 A minor dissertation submitted in partial fulfillment of the requirements for the award of the degree of Master of Arts in Political Studies University of Cape Town Faculty of Humanities University of Cape Town 2007 COl'ernment Policy Direction in Botswana, Bonney Hartley Namihia, and South Africa to their San Communities: Local Implications of the International Indigenous Peoples' Movement Compulsory declaration This work has not been previously submitted in whole, or in part, for the award of any degree. It is my own work. Each significant contribution to, and quotation in, this dissertation from the work, or works, of other people has been attributed and has been cited and referenced. signatureqJ .f{w\ttwy removed Bonney Hartley 16 February 2007 University of Cape Town Government Polic .... [)ireetion in Botswana, Bonney Hartley Namibia, and South Africa to their San Communities: Local Implications of the International Indigenous Peoples' Movement Abstract As the movement of indigenous peoples' rights, largely based in the experience of Indians of the Americas, has expanded to include the particular African context of what constitutes an "indigenous peoples," new discussions have emerged amongst governments in the southern African region over their San communities.
    [Show full text]
  • Indigeneity and Development in Botswana the Case of the San in the Central Kalahari Game Reserve Jonathan Woof
    1 Indigeneity and Development in Botswana The Case of the San in the Central Kalahari Game Reserve Jonathan Woof 1 Abstract: This paper discusses how San involved with the Central Kalahari Game Reserve (CKGR) in Botswana express and interpret their sense of indigeneity amidst the systemic marginalization and discrimination that they have experienced. By looking in depth at the case in the CKGR, the nature of prominent San CSOs and impact of the ‘Global North,’ this paper finds that San affirm their sense of indigeneity by critiquing the post-colonial development discourse, attempting to restore their land rights in the CKGR and by implementing ‘life-projects’ which affirm their ontologies and traditions. The findings of the paper suggest that the concept of indigeneity is diverse and complex and may not be as liberating as its proponents hope. 2 Table of Contents Introduction, Methodology and Theoretical Framework .................................................... 1-11 Chapter 1: The Concept of Indigeneity and its Manifestations in Africa and in Botswana... 12-22 Chapter 2: Indigeneity Within the San Community ............................................................... 23-36 Chapter 3: Survival International’s Perception of Indigeneity Compared to the San Community .................................................................................................................................................. 37-41 Chapter 4: Current State of Affairs for the San in the CKGR .............................................. 42-46 Conclusion
    [Show full text]
  • Indigenous Peoples' Rights in Southern Africa
    INDIGENOUS PEOPLES’ RIGHTS IN SOUTHERN AFRICA: AN INTRODUCTION Robert K. Hitchcock Diana Vinding ndigenous peoples in Africa and their rights have been the focus of I much deliberation and debate in recent years.1 These discussions have taken place in academic institutions and journals in Africa, Eu- rope and North America, as well as within the European Union, the World Bank and the United Nations. A major area of dissent has been whether the concept of “indige- nousness”, and hence of specific “indigenous” rights, could be used in an African context. Most African governments have until now main- tained that all their citizens are indigenous or, alternatively, argued that there is no such thing as an indigenous group in their country. Some researchers and social scientists have stressed that the problems faced by certain ethnic minorities have more to do with poverty than cultur- al differences and the problems they face should therefore be alleviated by welfare and development measures (see Saugestad, this volume). There is no single, agreed-upon definition of the term “indigenous peoples” but, as Saugestad mentions in her Overview (this volume), the four most often invoked elements are: (1) a priority in time; (2) the voluntary perpetuation of cultural distinctiveness; (3) an experience of subjugation, marginalisation and dispossession; (4) and self-identifica- tion. Often, the term indigenous is used to refer to those individuals and groups who are descendants of the original populations (that is, the “first nations”) residing in a country. In the case of Africa this rais- es particular problems. Africa is the continent with the longest history of human occupation, and it contains the greatest range of human ge- netic and cultural diversity.
    [Show full text]
  • Digging in During the Dry Season
    JGW-6 SOUTHERN AFRICA James Workman is a Donors’ Fellow of the Institute studying the use, misuse, accretion and depletion of ICWA fresh-water supplies in southern Africa. Line in the Sand: LETTERS Digging in During the Dry Season Since 1925 the Institute of By James G. Workman Current World Affairs (the Crane- Rogers Foundation) has provided METSIMENONG, BOTSWANA, Wednesday 16 July–Just before noon we hear the government vehicles rumbling toward us across the Kalahari. A breeze car- long-term fellowships to enable ries the engines’ noise through the winter air of this semi-desert and interrupts outstanding young professionals the small gathering of Bushmen meeting here to exchange news. to live outside the United States and write about international For the past half hour two Bushmen leaders from outside the Central Kalahari areas and issues. An exempt Game Reserve (CKGR) — Roy Sesana and Mathambo NgaKaeaja — have been operating foundation endowed by updating these last intransigent peoples on the slow progress of a court battle the late Charles R. Crane, the being waged to make the government let them remain legally in their ancestral Institute is also supported by homeland. In turn, the three-dozen men, women and children tell what it’s like to contributions from like-minded stay put for months on end while officially cut off from water, food, communica- individuals and foundations. tions or medicine. As the powerful Land Cruisers approach, voices momentarily fall silent. Mathambo breaks off in mid-sentence and turns. “You guys better hide your TRUSTEES cameras,” he says, and we rise to move.
    [Show full text]
  • Bushmen in the Tourist Imaginary
    Bushmen in the Tourist Imaginary Bushmen in the Tourist Imaginary By Roie Thomas Bushmen in the Tourist Imaginary By Roie Thomas This book first published 2016 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2016 by Roie Thomas All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-4438-0156-9 ISBN (13): 978-1-4438-0156-0 I am grateful to Dr Jen Couch and Professor Margot Hillel of the Australian Catholic University, Melbourne, for their scholarly advice and encouragement. I also owe much to friends and academic colleagues in Botswana: Barbara Cain, Dithunya Lekoa, Eureka Mokibelo, Job Morris, Qaeqho Moses, Xukuri Xukuri, Peter Mwikisa and Leema Hiri. My family has always supported my adventures with somewhat bemused interest and several moments of trepidation. Thanks, dear ones, and sorry but there’s more Near-Death-by-Hippo, and hitching rides in ‘backies’ on the drawing board. And here’s to wondrous adventures of our own, Duncan. This book is for my daughters, Megan and Robyn, who just care. 0-1: “Full Moon Party”, tourist postcard. Marginalising of ethnic minorities in relation to animals within tourism is common in Botswana and other countries. As San spokesman Roy Sesana claims: ‘[i]n Botswana a Mosarwa is nothing.
    [Show full text]
  • Indigenous Peoples' Rights in Southern Africa
    IWGIA INDIGENOUS PEOPLES’ RIGHTS IN INDIGENOUS PEOPLES’ RIGHTS SOUTHERN AFRICA IN SOUTHERN AFRICA Robert K. Hitchcock and Diana Vinding (Eds) This book is concerned with the first peo- ples (those people who are considered INDIGENOUS PEOPLES’ RIGHTS IN SOUTHERN AFRICA indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. It analyses the civil and political rights situation, assessing the extent to which these people benefit from such rights as compared to the wider society. The rights to land and to natural resources – or the lack of them – are an important focus of exploration and the book gives several examples of what the loss of these rights has meant for the existence and cultural identity of southern Africa’s indigenous men and women. Other themes addressed in the book are community-based natural resource management, education and the efforts being made in general by indigenous groups and their supporters to defend and promote indigenous rights. INTERNATIONAL WORK 1 GROUP FOR INDIGENOUS AFFAIRS IWGIA 2 INDIGENOUS PEOPLES’ RIGHTS IN SOUTHERN AFRICA Edited by Robert Hitchcock and Diana Vinding IWGIA Document No. 110 - Copenhagen 2004 3 INDIGENOUS PEOPLES’ RIGHTS IN SOUTHERN AFRICA Editors: Robert K. Hitchcock and Diana Vinding Copyright: IWGIA 2004 – All Rights Reserved Cover design, typesetting and maps: Jorge Monrás Proofreading: Elaine Bolton Prepress and Print: Eks/Skolens Trykkeri, Copenhagen, Denmark ISBN: 87-91563-08-9 Distribution in North America: Transaction Publishers 390 Campus Drive / Somerset, New Jersey 08873 www.transactionpub.com INTERNATIONAL WORK GROUP FOR INDIGENOUS AFFAIRS Classensgade 11 E, DK 2100 - Copenhagen, Denmark Tel: (45) 35 27 05 00 - Fax: (45) 35 27 05 07 E-mail: [email protected] - Web: www.iwgia.org 4 This book has been produced with financial support from the Danish Ministry of Foreign Affairs 5 CONTENTS Introduction Robert K.
    [Show full text]
  • The State and Minority Rights in Botswana
    Indiana Journal of Global Legal Studies Volume 18 Issue 1 Article 10 Winter 2011 "Cultural Fatigue": The State and Minority Rights in Botswana Jacqueline Solway Trent University Follow this and additional works at: https://www.repository.law.indiana.edu/ijgls Part of the International Law Commons Recommended Citation Solway, Jacqueline (2011) ""Cultural Fatigue": The State and Minority Rights in Botswana," Indiana Journal of Global Legal Studies: Vol. 18 : Iss. 1 , Article 10. Available at: https://www.repository.law.indiana.edu/ijgls/vol18/iss1/10 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Global Legal Studies by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. "Culture Fatigue": The State and Minority Rights in Botswana JACQUELINE SOLWAY* ABSTRACT The circulation and intersection of supranationalrights, discourses, and practices with local struggles have contributed to victories, disappointments, and in many instances, new articulations and understandings of rights for local people. In Botswana, the ever- increasinginteraction of minority groups with internationalinstitutions, laws and conventions, nongovernmental groups (NGOs), and the Botswana courts has created a dialectic that continues to reshape vernacular rights discourses. The state has also been a party in this evolving dialectic and has found new means of intervening in the process. The Botswana state prides itself on its liberal practices and has received international acclaim as a result. The state's success in promoting individual-based human rights provides a context for minorities to self-identify, recognize their oppression, and safely challenge the state.
    [Show full text]
  • 'Improving Their Lives.' State Policies and San Resistance in Botswana
    Western University Scholarship@Western Aboriginal Policy Research Consortium International (APRCi) 2005 ‘Improving their lives.’ State policies and San resistance in Botswana Sidsel Saugestad Follow this and additional works at: https://ir.lib.uwo.ca/aprci Part of the Human Rights Law Commons, and the Other Public Affairs, Public Policy and Public Administration Commons Citation of this paper: Saugestad, Sidsel, "‘Improving their lives.’ State policies and San resistance in Botswana" (2005). Aboriginal Policy Research Consortium International (APRCi). 191. https://ir.lib.uwo.ca/aprci/191 ‘Improving their lives.’ State policies and San resistance in Botswana Sidsel Saugestad Department of Social Anthropology, University of Tromso, N- 9037, Tromsø, Norway [email protected] Keywords San, Botswana, game reserve, relocation, indigenous peoples, land claim Abstract A court case raised by a group of San (former) hunter-gatherers, protesting against relocation from the Central Kalahari Game Reserve, has attracted considerable international attention. The Government of Botswana argues that the relocation was done in order to ‘improve the lives’ of the residents, and that it was in their own best interest. The residents plead their right to stay in their traditional territories, a right increasingly acknowledged in international law, and claim that they did not relocate voluntarily. The case started in 2004 and will, due to long interspersed adjournments, go on into 2006. This article traces the events that led up to the case, and reports on its progress thus far. The case is seen as an arena for expressing and negotiating the relationship between an indigenous minority and the state in which they reside.
    [Show full text]