Le droit au développement des peuples autochtones et le régime juridique de l'exploitation minière en Guinée

Authors: Kaba, Fatoumata
Advisor: Motard, Geneviève
Abstract: The proliferation of mining projects in indigenous territories around the world generally has a strong impact on the environment, food security, traditional subsistence economy, land use, resources and socio-cultural way of life of indigenous peoples. Under the guise of development, states support these projects without regard to concerns for their livelihoods. They often do not benefit from the large financial spin-offs from mining on their soil. The case of Guinea is an edifying example. The rampant extraction of mineral resources in this country is considerably encroaching on the way of life of indigenous communities. This observation led us to question the right to development of indigenous peoples and its application in the mining context. It should be recalled that the notion of development is itself at first widely controversial. Several approaches propose distinct conceptions of the notion of development. Among these theories, the industrialization theory probably best reflects the conception of development that emerges in Africa. In this thesis, we seek to develop a framework for analyzing indigenous peoples' right to development based on international and regional norms. Following a study of the concepts of development, sustainable development, the right to development, and the criteria of normativity and justiciability in international law, this study first presents the main components of indigenous peoples' right to development. Next, we will use the components of the right to development to identify the obligations of States and mining companies in its implementation. Finally, this research aims to evaluate the compliance of Guinean law with the conditions of application of the right to development. The critical review leads us to conclude that the legal regime for mining in Guinea is deficient in protecting the political, economic and socio-cultural life of indigenous peoples. We found that, under certain conditions, the impact and benefit agreements signed between mining companies and indigenous peoples in Canada and Australia can help Guinean law achieve the objectives of indigenous peoples' right to development. The literature review based on a critical approach to positive law, including doctrine, legislation and jurisprudence, was used as the main method for conducting this study. Apart from the positive law, we admit the legal pluralism that justifies the idea that indigenous legal orders coexist with the State law. The analytical framework of indigenous peoples' right to development developed in this thesis could be used to critically analyze mining regimes in other countries.
Document Type: Thèse de doctorat
Issue Date: 2021
Open Access Date: 10 January 2022
Permalink: http://hdl.handle.net/20.500.11794/71426
Grantor: Université Laval
Collection:Thèses et mémoires

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