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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). -
The Rise Fund Invests in Wilderness Holdings
The Rise Fund Invests in Wilderness Holdings July 12, 2018 In its second investment in Africa, The Rise Fund buys stake in leading, Botswana-based ecotourism operator, Wilderness Holdings SAN FRANCISCO AND GABORONE – July 12th 2018 – The Rise Fund, a global investment fund committed to achieving measurable social and environmental outcomes alongside competitive financial returns, today announced its second investment in Africa in Botswana-born Wilderness Holdings, Ltd., a leading ecotourism group with operations in seven African countries. The Rise Fund is acquiring a 34% stake in Wilderness. Said Wilderness Holdings CEO, Keith Vincent, “Wilderness has always been dedicated to a purpose-driven approach based on our 4Cs sustainability ethos of Commerce, Community, Culture and Conservation; offering our guests life-changing journeys with a ‘purpose.’ We welcome our newest shareholder, The Rise Fund, and are proud to be standing shoulder to shoulder with such like-minded individuals. As a company proudly born and bred in Botswana 35 years ago, we are even more committed to our founding vision than ever before: to conserve and restore Africa’s wilderness and wildlife by creating life-changing journeys and inspiring positive action.” Founded in 1983, Wilderness Holdings’ mission is to conserve and restore African wilderness and wildlife through ecotourism. Wilderness established its first permanent safari camps in Botswana in 1985 and has since expanded across sub-Saharan Africa, where it provides premier environmentally sustainable ecotourism experiences. At the same time, Wilderness supports the conservation of six million acres of protected land, home to several endangered and at-risk species like the black rhino and mountain gorilla. -
Recommended Reading List - Rwanda
Recommended Reading List - Rwanda Field Guides for Africa The field guide of choice to take on African safaris. Its compact format makes it Pocket Guide to African Mammals. Jonathan Kingdon, Bloomsbury ideal for use in the field, while its coverage Publishing Plc. 2016 is the most comprehensive currently possible in this format. ___________________________________________________ An excellent photographic field guide for southern Africa with colour plates and Field Guide to Mammals of Southern Africa. Chris & Tilde Stuart, distribution maps for easy use. Now Struik. 2014 includes Angola, Zambia, Malawi and northern Mozambique. ___________________________________________________ Uncovers the fascinating and infinitely varied world of insects. It explores their Insectopedia – The Secret World of Southern African Insects. 2nd intriguing behaviour and biology – from edition. Struik Nature. 2017 mating and breeding, metamorphosis and movement to sight, smell, hearing and their adaptations to heat and cold. ___________________________________________________ Wild Ways brings together all the latest Wild Ways: Field Companion to the Behaviour of Southern African studies of the behaviour of southern Mammals. Peter Apps and Penny Meakin. 2014 Africa's rich and accessible mammal fauna. ___________________________________________________ This book is probably the best resource The Safari Companion: Guide to Watching African Mammals. Richard available for those serious about animal- Estes, Chelsea Green Publishing. 1999 watching. There is loads of information, accompanied by well-illustrated drawings. E&OE 28 JUNE 2018 Page 1 of 6 © WILDERNESS SAFARIS This astronomical handbook for southern Sky Guide Africa South. Astronomical Society of Southern Africa. Africa, an invaluable practical resource for Published annually. anyone who has even a passing interest in the night skies of southern Africa. -
Recommended Reading List
Recommended Reading List Field Guides for Southern Africa The field guide of choice to take on African safaris. Its compact format makes it Pocket Guide to African Mammals. Jonathan Kingdon, Bloomsbury ideal for use in the field, while its coverage Publishing Plc. 2016 is the most comprehensive currently possible in this format. ___________________________________________________ An excellent photographic field guide for southern Africa with colour plates and Field Guide to Mammals of Southern Africa. Chris & Tilde Stuart, distribution maps for easy use. Now Struik. 2014 includes Angola, Zambia, Malawi and northern Mozambique. ___________________________________________________ Uncovers the fascinating and infinitely varied world of insects. It explores their Insectopedia – The Secret World of Southern African Insects. 2nd intriguing behaviour and biology – from edition. Struik Nature. 2017 mating and breeding, metamorphosis and movement to sight, smell, hearing and their adaptations to heat and cold. ___________________________________________________ Wild Ways brings together all the latest Wild Ways: Field Companion to the Behaviour of Southern African studies of the behaviour of southern Mammals. Peter Apps and Penny Meakin. 2014 Africa's rich and accessible mammal fauna. ___________________________________________________ This book is probably the best resource The Safari Companion: Guide to Watching African Mammals. Richard available for those serious about animal- Estes, Chelsea Green Publishing. 1999 watching. There is loads of information, accompanied by well-illustrated drawings. E&OE 12 JUNE 2018 Page 1 of 7 © WILDERNESS SAFARIS This astronomical handbook for southern Sky Guide Africa South. Astronomical Society of Southern Africa. Africa, an invaluable practical resource for Published annually. anyone who has even a passing interest in the night skies of southern Africa. -
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. -
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. -
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. -
Wilderness and Human Communities
Wilderness and Human Communities s Proceedings from the / TTlr smms UNLNERNESS coNGXASS trt lllt *rrf* P ort Elizabeth. South Africa Edited by Vance G. Martin and Andrew Muir A Fulcrum Publishing Golden, Colorado Copyright @ 2004 The International'Wilderness Leadership (\7ILD) Foundadon Library of Congress Cataloging-in-Publication Data \(orld'l7ilderness Congress (7th : 2007 : Port Elizabeth, South Africa) 'Wilderness and human communities : the spirit of the 21st century: proceedings from the 7th \7orld \Tilderness Congress, Port Elizabeth, South Africa I edited by Vance G. Martin and Andrew Muir. P.cm. Includes bibliographical references and index. ISBN 1-55591-855-2 (pbk. : alk. paper) 1. \Tilderness areas-Alrica- Congresses. 2.'\Tilderness areas-Congresses. 3. Nature conservation- Citizen participation-Congresses. I. Martin, Vance. II. Muir, Andrew. III. Title. QH77.435W67 2001 333.78'2r6-d22 2004017590 Printed in the United States of America 098755432r A Fulcrum Publishing The \7ILD Foundation 16100 Thble Mountain Parkway, Suite 300 P O. Box 1380 Golden, Colorado, USA 80403 Ojai, California,USA93023 (800) 992-2908 . (303) 277-1623 (805) 640-0390 'Fax (805) 640-0230 www.fulcrum-boolc.com [email protected] ' www.wild.org *1, .1q1r:a411- t rrr.,rrtr.qgn* Table of Contents vii The Port Elizabeth Accord of the 7rh Vorld Vilderness Congress ix Foreword The 7th \Vorld\Vildemess Congres Renms tu lts Roots in,4frica Andrew Muir xi Introduction \Vild Nature-A Positiue Force Vance G. Martin xiii Acknowledgmenm xv Editort Notes rviii Invocation-A Plea for Africa Baba Credo Mutwa IN Houon. oF IAN Pr-AyeR, FownEn oF THE .l7rrorRNpss \7op.r"o CoNcnrss 3 Umadoh-A Great Son of South Africa The Honorable Mangosuthu Buthelezi, MP 7 \ilTilderness-The Spirit of the 21st Century Ian Player PrRsprcrwrs eNo Rrponts pnou ARotxn tnn t07oRtt 17 The Global Environment Faciliryt Commitment to 'Wilderness Areas Mohamed T. -
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. -
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. -
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 -
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.