Indigenous peoples’ land rights in Tanzania and Kenya: the impact of strategic litigation and legal empowerment

Abstract

This evaluation reflects on the impact of strategic litigation and legal empowerment work in East Africa over the past 15 years, with a view to identifying learning points potentially useful for the orientation of future programmes. In particular, the review report will be used by MRG and potential partners in Niger to assess the ‘replicability’ of the work to support litigation of land rights cases related to slavery in Niger.

The review report analyses the material consequences, the legal and political impact, and the social changes that could at least partially be attributed to the implementation of strategic litigation programmes. The views of community
members are put forward as a powerful and useful lens to assess the value of strategic litigation programmes.

The report finds that: (1) Common contextual factors matter for the effective implementation of strategic litigation programmes; (2) Very little de jure material impact has been identified as coming out of the legal process in terms of actual redress for communities, which have not had their land returned to them, demarcated or titled in spite of rulings to that effect, but a reduction of the number of arrests and cases of harassment have been reported; (3) Legal and political impact is considerable, especially for communities, indigenous peoples’ organisations and the African human rights system, but not for national legal institutions or the legal profession; (4) Social change is a strong outcome of the litigation work, notably because of the empowerment of communities and the small but meaningful shift in the attitudes and behaviours of some external actors; (5) The African human rights system is a progressive and fruitful platform for change and that the role of indigenous peoples in conservation is a strong advocacy point which could be promoted further; (6) MRG’s existing and potential future partners communicate the importance of long term and comprehensive support.

More information

Identifiers

ORCID for Jeremie Gilbert: orcid.org/0000-0003-1377-3494

Catalogue record

Export record