The Balance Between Indigenous Rights and the Protection of Nature: Some Remnants of the Colonial Past

Given the close link between indigenous territories and the survival of traditions, culture and identity, indigenous peoples have been negatively affected by dispossession and colonial arrangements. This historical injustice is probably at the origins of the current marginalisation of indigenous peoples in Africa. At the same time, the failure to re-establish pre-colonial indigenous titles on dispossessed lands has had a detrimental impact on the respect for indigenous rights. It is again this backdrop that this article aims to address the issue of the African decolonization process from the perspective of the rights of indigenous peoples. In particular, modern cases of dispossession are examined with a view, first, to understanding the crucial role of land rights for the cultural integrity of indigenous peoples (in Africa) and, second, to illustrating how international law can deal with such issues.