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Periodical article | Leiden University catalogue | WorldCat |
Title: | The role of courts in protecting indigenous peoples' rights to land and resources in Kenya and South Africa |
Author: | Wachira, George Mukundi |
Year: | 2007 |
Periodical: | East African Journal of Peace and Human Rights (ISSN 1021-8858) |
Volume: | 13 |
Issue: | 2 |
Pages: | 240-269 |
Language: | English |
Notes: | biblio. refs. |
Geographic terms: | Kenya South Africa East Africa |
Subjects: | land rights jurisprudence indigenous peoples Dorobo San Nama law Land tenure--Law and legislation Right of property |
External link: | https://www.ajol.info/index.php/eajphr/article/view/39353 |
Abstract: | This article discusses the extent to which courts have been utilized and how they have fared in recognizing indigenous peoples' rights to communal landownership. Using Kenya - the Ogiek community - and South Africa - the Khoi-Khoi and Khoi San - as case studies, the article traces the efforts and outcomes indigenous peoples have made in espousing their rights to land before domestic courts. The article discusses the circumstances leading to lodgement of the cases in court and the reasons for the communities' reliance on the judiciary. It analyses the role of the different actors and the nature of the courts' response to the indigenous peoples' claims and the status of the implementation of the courts' decisions. While in South Africa, the courts recognized indigenous land claims, the Kenyan case study demonstrates that they have failed to do so. The paper analyses the factors and possible reasons that lead the courts to arrive at different verdicts despite the similarity in circumstances. Notes, ref., sum. [Journal abstract] |