New Human Rights Concept for Old African Problems: An Analysis of the Challenges of Introducing and Implementing Indigenous Rights in Africa

Abstract

The adoption by some peoples in Africa of the indigenous rights concept has brought about new challenges regarding the application of the concept to these peoples. The indigenous rights concept was shaped by the colonial experiences of indigenous peoples in the Americas and Australasia. The international understanding of the concept pre-supposes the existence of a set of group rights belonging to peoples who are descendants of the earlier inhabitants of the territory on which a state is located, in contrast to other citizens of that state who are considered colonial settlers. The African Commission on Human and Peoples' Rights has attempted to overcome this challenge by evolving a description of indigenousness for Africa. This article argues that, although the conceptual challenges that flow from the foreign origin of the concept have not been fully overcome, the African Commission's description has successfully located Africa within the global indigenous rights framework.