When President Sebastián Piñera entered office in 2010 the Mapuche indigenous people were receiving two contrasting messages from the Chilean State. On the one hand, the government ratified ILO Convention 169, pledging to protect the indigenous right to prior consultation in programs that affect their communities. On the other hand, the government was involved in the oppression of Mapuche communities in the region of the Araucanía through militarisation and the application of the Anti-Terrorist Law to punish radical Mapuche activists that protest corporate encroachment on their land. While Piñera had the opportunity to legitimize the Mapuche demand for self-determination by implementing ILO Convention 169 according to international standards and putting an end to the “Mapuche Conflict,” instead the situation of the Mapuche political movement worsened under his leadership. The Piñera administration used indigenous rights policy and a discourse of terrorism as a strategy to delegitimize the Mapuche demand for self-determination in order to protect corporate profitability, a key factor in the Chilean neoliberal economic project.

Magister Legum - LLM / Indigenous peoples constitute at least 5000 distinct peoples with a population of more than 370 million, living in 70 different countries. These peoples are typically subjected to a number of human rights violations (being excluded from decision-making processes and forced to assimilate into dominant groups, among others). The plight of these peoples has recently received worldwide attention. In 1989, the international community adopted the Convention on Indigenous and Tribal Peoples (Convention 169) to protect the rights of these peoples. In 2007 the UN adopted a Declaration on Indigenous peoples’ Rights. Attention is now focused on implementing indigenous peoples’ rights at the domestic level. Cameroon is not yet a party to Convention No.169 and so cannot be bound under the Convention to protect the rights of its indigenous peoples. Cameroon often denies any duty in this regard. However, Cameroon is party to core human rights instruments like the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, International Convention on the Elimination of all forms of Racial Discrimination and the African Charter on Human and Peoples Rights and Freedom. Cameroon also voted in favour of the adoption of the UN Declaration on Indigenous Peoples Rights. These international human rights instruments, with the exclusion of the Declaration, are not specifically dedicated to indigenous peoples’ rights. Given this situation, two questions arise: is Cameroon bound by any international legal obligation to protect the rights of its indigenous peoples; and if so, is Cameroon implementing the basic international law principles relating to indigenous peoples’ rights. Using an in-depth study and analysis of various international human rights treaties to which Cameroon is a party, this research will explore the grounds on which Cameroon, though not a party to Convention 169, can be held bound to protect the rights of its indigenous peoples (chapter 2). This research present the situation of the indigenous peoples in Cameroon and provide a brief overview of the legislative and policy measures taken by the government which in some way provide entry points for the protection of the rights of the indigenous people in Cameroon (chapter 3). A critical analysis of these measures highlights some areas of success but also work that remains to be done to ensure that the rights of Cameroon’s indigenous peoples are fully protected (chapter 4). The study concludes with a number of recommendations for further study and legal reform (chapter 5).