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Lost lands? : (land) rights of the San in Botswana and the legal concept of indigeneity in Africa
Author
Uniform Title
Verlorenes Land. English.
Title
Lost lands? : (land) rights of the San in Botswana and the legal concept of indigeneity in Africa / Manuela Zips-Mairitsch ; translated into English by: Daniel Stevens.
ISBN
9783643902443 (Lit - English edition : paperback)
3643902441 (Lit - English edition : paperback)
9788792786357 (IWGIA - English edition : paperback)
8792786359 (IWGIA - English edition : paperback)
Publication
Copenhagen : IWGIA, International Work Group for Indigenous Affairs ; Zürich : Lit, 2013.
Physical Description
430 pages : illustrations (chiefly colored) ; 24 cm.
Notes
Revised English translation.
Revised thesis (doctoral) - Universität, Wien, 2008.
Format
Books
Language
English
Added to Catalog
June 03, 2014
Series
Legal anthropology ; v. 1.
Bibliography
Includes bibliographical references and index.
Contents
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.
Subjects
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