Willem van Genugten
The negotiation of the 2007 Declaration on the Rights of Indigenous Peoples prompted the airing of African views on the protection of indigenous peoples, illustrated here by such issues as preferential treatment, collective versus individual rights, and the right to self-determination. The author stresses the need for systematic consideration of African particularities in focusing on the interactions between indigenous, national, and international law, exemplified by South African case law, which is seen as a laboratory where all these strands converge.