LITIGATING INDIGENOUS PEOPLES’ RIGHTS IN AFRICA: POTENTIALS, CHALLENGES AND LIMITATIONS

Abstract

Abstract Adopting a comparative analysis, this article examines some recent litigation which has focused on indigenous peoples’ rights across the African continent. The aim is to explore both the potential and the challenges and limitations of litigation as a tool for supporting the rights of indigenous peoples. The article explores the extent to which a specific African jurisprudence is emerging on issues that are essential to indigenous peoples such as non-discrimination, self-identification, land rights and development. It also focuses on the practical issues that arise when engaging with litigation in order to explore the extent to which litigation can contribute to the legal empowerment of some of the most marginalized indigenous communities in Africa.

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