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The climate change regulatory framework and indigenous peoples’ lands in Africa: Human rights implications

ISBN: 9781920538521 Year: Pages: 341 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-08 15:56:53

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Employing a human rights approach, this book analyses the adequacy of climate change regulatory frameworks at international, regional and national levels to protect indigenous peoples’ lands in Africa. It demonstrates that without appropriate legal protection, climate change and the implementation of its response measures can adversely affect a range of their human rights. The book explores how the African human rights system may effectively address the protection of indigenous peoples' lands in the context of adverse effects of climate change in Africa.Table of ContentsForewordAcknowledgmentsDedicationList of abbreviationsTable of casesList of instruments1. IntroductionBackground1.1 Intersecting terms? Indigenous peoples, forest-dependent peoples and local populations1.2 Overlapping issues? Climate change, environment, forests and indigenous peoples’ lands1.3 Intersecting governance: Defining a climate change regulatory frameworkMethodology2.1 A human rights framework as a tool of analysis2.2 A human rights framework as a prescriptive tool2.3 Case studies for analysisLimitationsSynopsis2. Human rights and climate change: Conceptual frameworkIntroductionClimate change: An environmental or human rights concern?2.1 Climate change as an environmental concern2.2. Climate change as a human rights concernHuman rights as a conceptual framework: Which approach and what features?3.1 Human rights and schools of thought3.2 Core human rights principlesConclusion3. The notion of indigenous peoples’ land rights and adverse effects of climate change in AfricaIntroductionThe nature of indigenous peoples’ land rights2.1 Land use as an emblem of cultural and environmental integrity2.2 Indigenous peoples’ land tenure: Essential features2.3 Concept of parallel useCause and effect of climate change as threat to land-tenure and use3.1 Cause of climate change as a threat3.2 Climate change as a threat3.3 Effects of climate response as a threatConclusion4. The international climate change regulatory framework in relation to indigenous peoples’ landsIntroductionRegulatory frameworks on the responses to climate change2.1 The international adaptation regulatory framework2.2 The international regulatory framework and mitigationSubordinating notions in the international climate regulatory framework3.1 Notion of ‘sovereignty’3.2 Notion of ‘country-driven’3.3 Deference to ‘national legislation’Conclusion5. National climate change regulatory frameworks in relation to indigenous peoples’ lands: Case studies of Tanzania, Zambia and NigeriaIntroductionSignificance of a domestic regulatory frameworkDomestic climate change regulatory response of adaptation3.1 Implications of inadequate reflection of land tenure and use in adaptation processNational climate change regulatory response of REDD+ as a mitigation measure4.1 REDD+ readiness in selected states of Africa in relation to indigenous peoples’ landsConclusion6. The inadequacy of the national climate change regulatory framework in relation to indigenous peoples’ lands: A human rights framework as a regional responseIntroductionLegal basis for the application of a regionalhuman rights frameworkAssessing national regulatory frameworks in the context of a regional human rights framework3.1 Incompatibility of national climate regulatory framework with obligations of states3.2 Threat to a range of rightsThe regional climate change regulatory framework and potential for human rights4.1 Committee of African Heads of State and Government on Climate Change4.2 African Ministerial Conference on the Environment4.3 Climate for Development in Africa (ClimDev-Africa) Programme4.4 African Union Commission4.5 New Partnership for African Development4.6 Pan-African Parliament4.7 Peace and Security CouncilPotentials in regional human rights mechanisms with focus on the Commission5.1 Promotional functions5.2 Protective mandate5.3 Interpretive functions5.4 Assembly-entrusted tasksConclusion7. Conclusion and the way forwardConclusionThe way forward2.1 International level2.2 National level2.3 Regional levelBibliographyIndex

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