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Indigenous Peoples' Rights course

Course date: 12 - 16 September 2016

The Centre for Human Rights, University of Pretoria in collaboration with the International Work Group for Indigenous Affairs (IWGIA) and the Working Group on Indigenous Populations/Communities in Africa of the African Commission on Human and Peoples’ Rights will host a one-week intensive short course on indigenous peoples’ rights from 12 to 16 September 2016.

Graduate Centre, University of Pretoria Main Campus

Applications

Applications are invited from all around the world. The course will, however, have a particular African focus. Candidates from Africa are therefore particularly encouraged to apply. Members of indigenous communities are also encouraged to apply.

About the course

The objectives of this one-week course include:

  • To strengthen knowledge and capacity-building on indigenous peoples’ rights;
  • to ensure better understanding of indigenous peoples’ plight and rights among members of ‘mainstream NGOs’ and government officials,
  • to stimulate the introduction of indigenous peoples’ rights into the curriculum of law schools on the African continent.

In the process, the concept of indigenous people will also be critically examined.

Who should attend?

This advanced human rights course is aimed at members of NGOs, government officials, policy makers, legal academics, activists, researchers and students who are interested in the rights of indigenous peoples on the continent.

Programme

Fees

The course fee is ZAR 3 000.00. This fee covers tuition, course materials, teas and lunch for the duration of the course. The fee excludes transport and accommodation costs.

Scholarships

There are some scholarships available to cover travel and accommodation expenses. Course fees may also be waived in selected cases.

Applicants must indicate on the on-line application form whether they wish to apply for a scholarship and provide sufficient motivation substantiating why they require financial assistance.
Applicants must also indicate whether they would still like to be considered for admission in the event that they are not granted a scholarship.

Themes of the programme

Themes of the programme are the following:

  • Conceptual issues regarding indigenous peoples in Africa
  • International (universal and regional) and national standards on indigenous peoples’ rights in Africa
  • Key substantive rights of indigenous peoples and their applicability in Africa
  • UN mechanisms of indigenous peoples’ rights
  • Regional mechanisms and indigenous peoples’ rights
  • Bilateral, multilateral cooperation, international financial institutions and business sector with IPs
  • Indigenous peoples challenges with development
  • International processes and agendas relevant to indigenous peoples in Africa

Further reading

In order to prepare for this course, please visit the Indigenous Peoples’ Rights Database on the website of the Centre for Human Rights, University of Pretoria. This database contains overview reports (in both English and French) as well as country reports on indigeous peoples’ rights: http://www.chr.up.ac.za/chr_old/indigenous/

 

Course Content

I. Conceptualisation and existing/emerging standards on indigenous peoples in Africa

Theme 1: Conceptual issues regarding indigenous peoples in Africa: Clarify what the concept indigenous peoples means in Africa and the commonly expressed fears about the concept:

  • Identification of indigenous peoples
  • Indigenous peoples versus conflicts, Nations-states, ethnicity and minorities
  • Indigenous peoples and the right to self determination
  • Challenges in Africa

Theme 2: International (universal and regional) and national standards on indigenous peoples’ rights in Africa: What are the international instruments for indigenous peoples and how they have been domesticated in African countries?

  • UNDRIP
  • ILO C 169 and related ILO Conventions on forced labour, child labour, domestic workers and discrimination at work
  • UN treaties (CERD, CEDAW, ICCPR, ICSECR, CBD, CRC,)
  • African Charter on Human and Peoples’ Rights
  • National African jurisprudence and good practices: Botswana cases, South African cases, Republic of Congo, CAR,

Theme 3: Key substantive rights of indigenous peoples and their applicability in Africa: What these rights are and key challenges in Africa

  • Land (understanding, legal basis, scope, right holders, jurisprudence, challenges, etc)
  • Gender and indigenous peoples
  • Right to self-determination: FPIC, consultation and participation

II.    International and regional institutional frameworks on indigenous peoples

Theme 4. UN mechanisms of indigenous peoples’ rights: What these institutions are and how they can provide support to indigenous peoples’ rights in Africa

  • UNPFII (Mandate, operating rules, key recommendations, UN Development Guidelines on indigenous peoples)
  • EMRIP (Mandate, operating rules, its studies on education, participation in decision making and extractive industries)
  • Special Rapporteur (Mandate, operating rules and key recommendation on its mission report in Africa)
  • UN discussions on business and human rights
  • UPR process and indigenous peoples rights

Theme 5. Regional mechanisms and indigenous peoples’ rights

  • Working Group on Indigenous Populations of the African Commission; African Commission and African Court (Mandate, jurisprudence, Resolutions and key decisions such as Endorois)
  • Inter-American Commission and Court for human rights

III.    Indigenous peoples’ rights in practice

Theme 6. Bilateral, multilateral cooperation, international financial institutions and business sector with IPs: What the safeguards or policies are and they are practically implemented in Africa

  • World Bank
  • Asian Development Bank
  • Inter-American Development Bank
  • African Development Bank
  • Bilateral cooperation with policies on IPs : Denmark, Norway, Germany, etc
  • European Union human rights policy and indigenous peoples
  • International Financial Corporation (IFC) and indigenous peoples
  • Global compact and indigenous peoples and sectoral initiatives on indigenous peoples (mining, oil and gaz, etc)

Theme 7: Indigenous peoples challenges with development: What are these challenges and how they should be addressed in Africa in terms of strategies and approaches

  • Unequal enjoyment of fundamental rights at work: Child labour, forced labour, trafficking, domestic workers, discrimination at work
  • Extractive industry and indigenous peoples
  • Participation in decision making: Consultation, FPIC
  • Traditional occupations and knowledge

Theme 8: International processes and agendas relevant to indigenous peoples in Africa: What are these development frameworks and how they are being or have been implemented for indigenous peoples in Africa

  • MDGs
  • PRSPs
  • Climate change (REDD+)
  • Post 2015
  • Global conservation of nature and indigenous peoples
  • FLEGT/APV
  • Human rights and business
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