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1. Which international instrument forms the
foundational basis for the protection of indigenous
peoples’ rights under international law?
A. The International Covenant on Civil and Political
Rights
B. The United Nations Declaration on the Rights of
Indigenous Peoples
C. The African Charter on Human and Peoples’
Rights
D. The Convention on Biological Diversity
,B. The United Nations Declaration on the Rights of
Indigenous Peoples
Rationale: UNDRIP (2007) is the most
comprehensive and specific instrument on
indigenous rights, though it is non-binding. It sets
global standards for self-determination, land, and
cultural rights.
2. In the context of land rights, the doctrine of “terra
nullius” was historically used to:
A. Recognize pre-existing indigenous sovereignty
B. Justify the acquisition of land by colonial powers
on the basis that it was uninhabited or uncivilized
C. Protect communal land tenure systems
D. Establish freehold title for all occupants
B. Justify the acquisition of land by colonial powers
on the basis that it was uninhabited or uncivilized
Rationale: Terra nullius meant “land belonging to
no one” and was a legal fiction used to deny
indigenous land rights, especially in Australia,
Africa, and the Americas.
,3. Which case established the principle that
indigenous land rights are “existing” and do not
require a formal grant from the state?
A. Mabo v Queensland (No 2)
B. Delgamuukw v British Columbia
C. Alexkor Ltd v Richtersveld Community
D. Centre for Minority Rights Development v Kenya
A. Mabo v Queensland (No 2)
Rationale: This 1992 Australian High Court case
overturned terra nullius and recognized native title
as a pre-existing right rooted in traditional laws
and customs.
4. Under the African Charter on Human and Peoples’
Rights, the right to land for indigenous peoples is
primarily protected under:
A. Article 14 (right to property)
B. Article 21 (right to natural resources)
C. Article 24 (right to a satisfactory environment)
D. Article 19 (right of all peoples to equality)
, B. Article 21 (right to natural resources)
Rationale: Article 21 guarantees the right of all
peoples to freely dispose of their natural resources,
which has been interpreted to include collective
land and resource rights for indigenous
communities.
5. In the Endorois case (Centre for Minority Rights
Development v Kenya), the African Commission held
that the forced eviction of the Endorois people from
their ancestral lands violated:
A. Only the right to property
B. The right to culture, religion, and natural
resources, among others
C. Only the right to development
D. No rights because the eviction was for public
interest
B. The right to culture, religion, and natural
resources, among others
Rationale: The Commission found violations of
Articles 14, 17, 21, and 22 of the African Charter,