Philippe Gout is a Phd candidate in international law at the Institute of Higher International Studies (Paris 2 Panthéon Assas). He was granted a scholarship from the CEDEJ.
His article deals with the rigidity of the international statute on indigenous peoples and of the absence of a pragmatic approach which would enable its application in specific situations.
The article specifically addresses the situation of Nuba populations from South Kordofan. The heterogeneity of Nuba groups, as well as the interests pursued by the different Nuba actors, show the artificiality of the claims in favor of a unified legal statute. Actors instantiate their claims for this protective status through an ongoing, unfinished process of objectiying their unified identity.
Besides, recent innovations of the African Commission on Human and Peoples’ rights do not help the clarification of a unified statute for Nuba people. Last but not least, the structural dualism of Sudanese constitutional law definitely excludes the eventuality that such unified statute applies in the Sudanese legal order.