Land Rights and the Forest Peoples of Africa

Land rights and the forest peoples of Africa
Contents
Introduction
The study on land rights of the forest peoples of Africa,
its purpose and findings 1
Part I
The forest peoples of Africa: land rights in context 4
Christopher Kidd and Justin Kenrick
1 Indigenous peoples in the Central African context 4
A Indigenous peoples or marginalised minorities 4
B ‘Pygmies’ or forest peoples 6
2 The role of egalitarian social and environmental relations 7
A Nature–culture divide 8
B Hunter–gatherer perceptions of the environment 12
C Discrimination against forest peoples by their neighbours 14
D Forest peoples’ landownership systems 16
3 Current situation of forest peoples in Central Africa 19
A Forest peoples still living in the forest 19
B Forest peoples marginalised from the forest 22
C Forest peoples whose forest has been destroyed 23
4 Conclusion 25
Part II
Land Rights under international law: historical and contemporary Issues 28
Valérie Couillard and Jérémie Gilbert
1 International law and colonisation 28
A International law’s ‘civilising’ mission 29
B The principle of ‘effective occupation’ 32
2 Contemporary African and international human rights law 35
A The right to land 35
B A matter of equality and non-discrimination 38
C Conservation practices and customary use of land and natural resources 40
D Participation and consent 42
E The right to reparation 43
3 Conclusion: the way forward 46
A Implementation 46
B Reparation 47
C Consultation and participation 47
Map of Central Africa c 1879 26
Map of Africa c 1910 27