29 June 2022

The Ogiek Struggle for Recognition in Kenya

In a judgment handed down in Arusha on 23rd June 2022, the African Court on Human and Peoples’ Rights (ACHPR) affirmed its 2017 ruling that the Ogiek people are indigenous to the Mau Forest and that they are its ancestral owners, granting them a collective title to be achieved through delimitation, demarcation and registration of their land. The reasoning by the Court will have a significant bearing on the struggles of other indigenous peoples seeking to secure their land and livelihoods. Continue reading >>
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25 March 2022

Indigenous Climate Litigation in Anglophone Settler-Colonial States

The legacy of colonialism suggests a shared affinity between climate litigation in the Global South, and climate litigation brought by Indigenous peoples in the settler-colonial states of the Global North. This blog post focuses on claims brought by Indigenous peoples in the Anglophone settler-colonial states of Australia, Canada, the United States and Aotearoa/New Zealand. I begin by setting out the disproportionate impact of climate change experienced by Indigenous peoples, as well as Indigenous movements of resistance and adaptation. In doing so, I draw on claims brought by various Indigenous groups and individuals in the course of climate litigation. Framing climate litigation as part of this response, I then survey Indigenous climate litigation across the four jurisdictions. I end with some notes of caution regarding the essentializing and exploitation of Indigenous peoples by the climate litigation movement, cautions which may be applicable to litigation in the Global South. Continue reading >>
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04 October 2021
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Indigenous Rights and the “Marco Temporal”

At the end of August 2021, Brazil witnessed the largest indigenous mobilisation in its history. Organised by the Articulation of Indigenous Peoples of Brazil (APIB), more than five thousand indigenous people from 117 different groups set up camp in Brasilia, the capital city of the country. Under the slogan “Fight for Life: our history does not begin in 1988”, indigenous groups from all over the country mobilised the public opinion in protest against the further erosion of their rights. Continue reading >>
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24 April 2021
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COVID-19, Minorities, and Indigenous peoples: The Litmus Test of Equality

The disproportionate impact of Covid-19 on minorities and indigenous peoples across the globe has been well documented. Individuals from these communities have been infected at a greater rate, are more likely to die after contracting the disease and now risk being at the back of the queue in national vaccination programmes. Our work has focussed on a number of elements of this phenomenon, including a study of the disproportionate burden of Covid-19 on the most marginalized communities worldwide, and the ways that members from these communities have been pushed into forced labour as a result of the pandemic. Continue reading >>
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