The Justiciability of the Subsistence Rights of Indigenous Peoples to NonTimber Forest Resources in Cameroon: Consistency with International Human Rights Obligations

Abstract

Although a number of human rights instruments expressly create avenues for a remedy in case of violations of human rights, the right to remedy available to indigenous peoples is increasingly dependent on general human rights law remedies. In fact, the right to a remedy is the most fundamental and essential right for the effective protection of all human rights, but the lack of enforcement mechanisms for the collective rights of indigenous peoples have made the justiciability of indigenous rights more dependent on individual rights. The focus is on the subsistence rights of indigenous peoples, which are all about guaranteeing them appropriate measures for their wellbeing and survival as ‘a peoples’ either from circumstances that directly threaten their individual, family and community life, like the lack of access to food, access to property, medicinal plants or those conditions relevant for a minimum level of dignity such as their cultural and spiritual values. This paper adopts a socio-legal analytical research method, which questions how effective the justiciability of the subsistence rights of indigenous peoples to Non -Timber Forests Resources (NTFRs) are addressed through the first and second generation of rights, as the basis to adjudge if a State conforms to its fundamental human rights obligations. The finality is on bridging the gap on the justiciability of the subsistence rights of indigenous peoples and that civil and political rights and economic and social rights, are central in the enforcement of these subsistence rights of indigenous peoples at the international level.