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The Blurred Lines: Analysing the Dynamics of States' Duty and Corporate Responsibility to Consult in Developing Countries

The Blurred Lines: Analysing the Dynamics of States' Duty and Corporate Responsibility to Consult... JIDE JAMES-ELUYODE I. INTRODUCTION In recent years, indigenous groups from every corner of the world have become enlightened about the platform of indigenous human rights 1 as distinct sets of enforceable privileges by which they may, collectively as a societal unit, assert their basic human rights and ensure the socio-cultural survival and economic sustenance of their communities. In light of this development, there have been increases in debates at different domestic forums due to demands being made by many indigenous communities for greater engagement in terms of their participation in decision-making processes concerning matters that affect their domain. Many have rightly pointed out that one of the most common problems facing indigenous peoples throughout the world today is the lack of adequate implementation of good faith consultation before the making of decisions or carrying out projects that may affect territories of indigenous peoples.2 This problem is even more severe in less-developed regions of the world, such as Africa, where there are very thin bodies of constitutional and regulatory support SJD (Arizona), LLM (John Marshall-Chicago), JD (Arizona), LLB (Lagos State University), BL (NLS); Senior Research Fellow, The University of Arizona Rogers College of Law, Indigenous Peoples Law & Policy http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Blurred Lines: Analysing the Dynamics of States' Duty and Corporate Responsibility to Consult in Developing Countries

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2015
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2015.0129
Publisher site
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Abstract

JIDE JAMES-ELUYODE I. INTRODUCTION In recent years, indigenous groups from every corner of the world have become enlightened about the platform of indigenous human rights 1 as distinct sets of enforceable privileges by which they may, collectively as a societal unit, assert their basic human rights and ensure the socio-cultural survival and economic sustenance of their communities. In light of this development, there have been increases in debates at different domestic forums due to demands being made by many indigenous communities for greater engagement in terms of their participation in decision-making processes concerning matters that affect their domain. Many have rightly pointed out that one of the most common problems facing indigenous peoples throughout the world today is the lack of adequate implementation of good faith consultation before the making of decisions or carrying out projects that may affect territories of indigenous peoples.2 This problem is even more severe in less-developed regions of the world, such as Africa, where there are very thin bodies of constitutional and regulatory support SJD (Arizona), LLM (John Marshall-Chicago), JD (Arizona), LLB (Lagos State University), BL (NLS); Senior Research Fellow, The University of Arizona Rogers College of Law, Indigenous Peoples Law & Policy

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Oct 1, 2015

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