Theoretical Recognition of the Enforcement of Indigenous Peoples' Rights: Making a case for the Batwa in Uganda

The Paper discusses theoretical recognition of indigenous people’s rights vis-à-vis implementation through a case study of the Batwa. The article relies on secondary data analysis and literature review. The Batwa, who are indigenous peoples under international law, have not been recognized as such under Ugandan law. They were forcefully evicted from their ancestral lands in 1991 for the creation of Bwindi and Mgahinga National Parks, leaving them landless, dispossessed, and marginalized. The Paper examines international, regional, and domestic laws on indigenous peoples’ rights, highlighting their limitations and the extent to which they are enforced. It addresses the complexity in defining and identifying indigenous peoples in Africa and how this stalls progress in promoting their rights. Many African states have resisted the concept of indigeneity as understood under international law, arguing that all Africans are indigenous. As will be seen, this protracted debate on the applicability of indigeneity has made the implementation of indigenous peoples’ rights problematic. The paper concludes that while vibrant laws providing for the protection of indigenous peoples' rights exist, many are unimplemented. For a paradigm shift, legal recognition of indigenous peoples in Uganda’s law is key, and political will to enforce their rights.