On the 26 May 2017, the African Court on Human and Peoples’ Rights (ACtHPR) delivered its first judgement on a case concerning indigenous peoples’rights. The judgment has been extensively welcomed as ‘historic’, a ‘huge victory’and a ‘landmark’ for the protection of indigenous peoples’ rights in Africa. This Chapter first examines the status of indigenous peoples under international lawin the current ‘states’ system’, both diachronically and synchronically; it thenanalyses the legal status of the particular indigenous people of the Ogiek in theAfrican context and in light of said ACtHPR’s judgement.
Focarelli, C. (2020). Indigenous Peoples’ Rights in International Law:The Ogiek Decision by the African Courtof Human and Peoples’ Rights. In V.V. Antonietta di Blase (a cura di), The Inherent Rights of Indigenous Peoples in International Law (pp. 175-198). Roma : RomaTre-Press.