Regional Assessment of the Status of the San in Southern Africa

Regional Assessment of the Status of the San in Southern Africa PDF Author: Legal Assistance Centre (Namibia)
Publisher:
ISBN:
Category : San (African people)
Languages : en
Pages : 104

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Book Description

Regional Assessment of the Status of the San in Southern Africa

Regional Assessment of the Status of the San in Southern Africa PDF Author: Legal Assistance Centre (Namibia)
Publisher:
ISBN:
Category : San (African people)
Languages : en
Pages : 104

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Book Description


Regional Assessment of the Status of the San in Southern Africa

Regional Assessment of the Status of the San in Southern Africa PDF Author: Legal Assistance Centre (Namibia)
Publisher:
ISBN:
Category : San (African people)
Languages : en
Pages : 192

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Book Description


Indigenousness in Africa

Indigenousness in Africa PDF Author: Felix Mukwiza Ndahinda
Publisher: Springer Science & Business Media
ISBN: 9067046094
Category : Law
Languages : en
Pages : 408

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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.

Anthropologica

Anthropologica PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 204

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Bushmen

Bushmen PDF Author: Alan Barnard
Publisher: Cambridge University Press
ISBN: 1108418260
Category : History
Languages : en
Pages : 221

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Book Description
A comprehensive and fascinating account of all the major groups of southern African hunter-gatherers.

“Beggars on our own land …” Tsumib v Government of the Republic of Namibia and its Implications for Ancestral Land Claims in Namibia

“Beggars on our own land …” Tsumib v Government of the Republic of Namibia and its Implications for Ancestral Land Claims in Namibia PDF Author: Willem Odendaal
Publisher: BASLER AFRIKA BIBLIOGRAPHIEN
ISBN: 3906927601
Category : Social Science
Languages : en
Pages : 274

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Book Description
In 1954, the Hai||om people were evicted from Etosha by the South African-controlled South West African Administration. In 2015, the Hai||om filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. “Beggars on our own land …” unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Hai||om people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands?Odendaal goes into detail how the Tsumib case materialised under the post-independence Namibian constitutional discourse. He assesses the Namibian land reform programme and its oversight in dealing with historical land dispossessions. He inspects Hai||om “identity” and how it was used to strengthen their case. He concludes with an examination of Namibia’s outdated and restrictive legal framework, which ultimately denied the Hai||om people their constitutional right to be heard in the Namibian Court. While the future of ancestral land claims in Namibia depends on the political will of the Namibian government, Odendaal argues that the Namibian courts have a duty to comply with the rights giving nature of the Namibian Constitution that lays the foundation for the Hai||om people’s ancestral claims.

Indigenous Peoples' Rights in Southern Africa

Indigenous Peoples' Rights in Southern Africa PDF Author: Robert K. Hitchcock
Publisher: IWGIA
ISBN: 9788791563089
Category : History
Languages : en
Pages : 286

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Book Description
This book is concerned with the first peoples (those people who are considered indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. Although living in democratic countries like Namibia, South Africa, Zimbabwe, and Botswana --and in principle sharing the same rights and responsibilities as the rest of the population--practice shows that these peoples more often than not are at the margins of the societies in which they live; they often face extreme poverty, and they frequently are subjected to discriminatory treatment and exposed to all kinds of human rights abuses. Robert K. Hitchcock is professor of anthropology and geography at the University of Nebraska-Lincoln, USA. He has done extensive research and development work in southern Africa in general and among San peoples in particular. Diana Vinding is an anthropologist working with the International Work Group for Indigenous Affairs (IWGIA) in Copenhagen.

San Representation

San Representation PDF Author: Keyan Tomaselli
Publisher: Routledge
ISBN: 1317483278
Category : Social Science
Languages : en
Pages : 295

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Book Description
The San or Bushmen of southern Africa have exerted a fascination over generations of writers and scholars, from novelists and anarchists to ethnologists and geneticists, and also occupy a special place in the popular imagination as the First People and the contemporary remnant of spiritual and natural man. The ways in which particular groups of people from southern Africa have been traditionally categorised and positioned as objects of scrutiny by a range of academic disciplines is increasingly being contested and questioned. There is a growing awareness of the cultural, economic and genetic entanglement of the peoples of the region. This book examines how San and Khoe people are represented, by others, as well as by those who identify as San or Khoe. The book interrogates the ways in which disciplines, through their methodologies and ways of authorising knowledge, not only "discover" or "reveal" knowledge but produce it in ways that involve complex and often ambiguous relationships with power structures and forms of intellectual, symbolic and cultural capital. One major trend that emerges is that the San and Khoe can no longer be seen as people of the past but have to be acknowledged as contemporary and socially situated individuals and communities who are increasingly contesting the representations which others have imposed on them. This book was originally published as a special issue of Critical Arts: A Journal of South-North Cultural and Media Studies.

Reimagining Legal Pluralism in Africa

Reimagining Legal Pluralism in Africa PDF Author:
Publisher: BRILL
ISBN: 9004696741
Category : Law
Languages : en
Pages : 514

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Book Description
This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.

Lost Lands?

Lost Lands? PDF Author: Manuela Zips-Mairitsch
Publisher: LIT Verlag Münster
ISBN: 3643902441
Category : History
Languages : en
Pages : 432

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Book Description
Indigenous peoples in international law --Historical overview --"Indigenous peoples" : term, concepts, and definitions --Differentiation from the term "Minority" --Special indigenous rights or special circumstances? : indigenous protection standards, rights of freedom, and self-determination --Sources of law --Binding norms --ILO convention 169 --UN convention on biological diversity --"Soft law" instruments --Agenda 21, chapter 26 (1992) --UN declaration on the rights of indigenous peoples --Declarations and policies of various international bodies --Indigenous rights as part of customary international law --"Sources of Life" : lands and natural resources --Material standards of protection --Cause of action --The relationship between indigenous peoples and their territories --Collective land rights --Scope of indigenous territories --Restriction of alienation and disposal --Universal human rights treaties --Right of ownership --Right to culture --Right to private and family life --Jurisdiction of international monitoring bodies --Human rights committee --Committee on the elimination of racial discrimination --Sources of freedom and equality : self-determination --"Being indigenous in Africa" : legal developments of indigenous peoples law in Africa --Historical overview --Nature conservation v. human rights protection --African initiatives for the protection of indigenous rights --"Indigenous peoples in Africa" : applying the concept --Indigenous rights in the African context --Regional indigenous rights --The African charter on human and peoples' rights --The African commission on human and peoples' rights --The African court on human and peoples' rights --National indigenous rights --Selected constitutional guarantees --Jurisdiction using the example of South Africa --The case of the ... Khomani San --Richtersveld case --Excursus : "Aboriginal title" --"Aboriginal title" before the South African constitutional --Court --"Hoodia Gordonii" case --Legal perspectives of San Communities --Terminology : San, "Bushmen", Basarwa, Khoesan, N/oakwe or Kwe? --Historical overview until the end of colonial times --Regional historical differences --Botswana --Namibia --South Africa --The "Northern San" --Refiections on indigenous legal perspectives and world views --Botswana : state and society --Sociopolitical history --Pre-colonial phase --Protectorate bechuanaland --Republic of botswana --Sources of law and legal pluralism --Constitutional law --Customary law --Common and statutory law --International law --Fundamental and human rights --San in Botswana --San as citizens : Basarwa and/or Batswana? --Dominant views of the San in Botswana --Development policies --Remote area development programme --Community based natural resource management --Development : nature conservation : a contradiction? --NGO initiatives --National San NGOs --Regional San NGOs --"The lost lands" : relocation from the central Kalahari game reserve --History of the central Kalahari game reserve --The relocation of the G wi and Gana (San) --The legal dispute over the (temporarily?) "Lost lands" --Roy Sesana v. government of Botswana --Termination of basic and essential services --Restoration of basic and essential services --Lawful occupation --Deprivation of land possession --Special game licences --Access to the central Kalahari game reserve (CKGR) --Conclusions --Consequences of the high Court's decision : summary --The legal dispute over access to water --Matsipane Mosetlhanyane, Gakenyatsiwe Matsipane & further applicants v. Attorney general of Botswana --Matsipane Mosetlhanyane & Gakenyatsiwe Matsipane v. Attorney General of Botswana, court of appeal --Consequences of the courts' decisions : summary --Conclusion --The return of the outlaws : an Epilogue by Werner zips --Appendix --Examples of indigenous peoples in Africa (not exhaustive!) --Abbreviations --Bibliography --(Selected) legal texts --International instruments --National laws, regulations and policies --Court cases --Interviews --Index of figures --Index --About the authors.