THEORETICAL RECOGNITION OF INDIGENOUS SELF -DETERMINATION AGAINST PRACTICAL IMPLEMENTATION: A CASE OF THE BATWA IN UGANDA

Abstract

This dissertation critically analyzes the recognition and protection of human rights of Indigenous Peoples through a case study of the Batwa in Uganda. The Batwa were chosen as the center of the study because they are among the most marginalized in the world. They were forcefully evicted from their ancestral land in 1991 for creation of conservation areas as Bwindi and Mgahinga National parks leaving them landless and exposed to untold marginalization and suffering. The study discusses international, regional, and domestic legal and policy frameworks that recognize rights of Indigenous Peoples, their limitations, and the extent to which they are enforced. The dissertation addresses the complexity in defining Indigenous Peoples in Africa and highlights the history of the Batwa, forced evictions and the impacts on the Batwa of their resulting landlessness. It examines whether this history qualifies the Batwa as Indigenous Peoples. The dissertation argues that defining and identifying Indigenous Peoples is not only problematic in Africa but has been politicked. Many Africans argue that all Africans are Indigenous and there is an overlap between “Indigenous Peoples” and “Minority Groups.” The study found that vibrant international and regional laws protecting rights of Indigenous Peoples exist, but many are unimplemented. There is low political will in Uganda to recognize these rights coupled with limited awareness. The study concludes that to change the current narrative, there is need for legal recognition and definition of Indigenous Peoples in Africa, domestication of international laws, institution of compliance measures, massive sensitization, and robust political will