THEORETICAL RECOGNITION OF INDIGENOUS SELF -DETERMINATION AGAINST PRACTICAL IMPLEMENTATION: A CASE OF THE BATWA IN UGANDA
dc.contributor.advisor | TATUM, MELISSA L. | |
dc.contributor.author | NAMAE, IRENE | |
dc.date.accessioned | 2023-10-19T21:18:26Z | |
dc.date.available | 2023-10-19T21:18:26Z | |
dc.date.issued | 2023-05-08 | |
dc.identifier.uri | http://hdl.handle.net/10150/669871 | |
dc.description.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 | en_US |
dc.language.iso | en | en_US |
dc.publisher | The University of Arizona. | |
dc.rights | Copyright © is held by the author. Digital access to this material is made possible by the James E. Rogers College of Law and the University Libraries, University of Arizona. Further transmission, reproduction, presentation (such as public display or performance) of protected items is prohibited except with permission of the author. | |
dc.rights.uri | http://rightsstatements.org/vocab/InC/1.0/ | en_US |
dc.subject | INDIGENOUS SELF-DETERMINATION | en_US |
dc.subject | THE BATWA OF UGANDA | en_US |
dc.title | THEORETICAL RECOGNITION OF INDIGENOUS SELF -DETERMINATION AGAINST PRACTICAL IMPLEMENTATION: A CASE OF THE BATWA IN UGANDA | en_US |
dc.type | Electronic Dissertation | |
dc.type | text | |
thesis.degree.grantor | University of Arizona James E. Rogers College of Law | |
thesis.degree.level | doctoral | |
dc.contributor.committeemember | WILLIAMS, ROBERT A. | |
dc.contributor.committeemember | HOWARD, SEANNA M. | |
thesis.degree.discipline | Indigenous Peoples Law and Policy Program | |
thesis.degree.name | S.J.D. | |
dc.description.collectioninformation | This item is part of the IPLP Dissertations collection. For more information about the collection or the program, please contact Justin Boro, UA College of Law, justinboro1986@email.arizona.edu. | |
refterms.dateFOA | 2023-10-19T21:18:29Z |