Jérémie Gilbert

A significant aspect of my work involves policy impact work either to support the development of International law, or to support law reforms at national levels.

International policy work

I regularly act as a consultant or expert for UN mechanisms, including work with the Expert Mechanism on the Rights of Indigenous Peoples and the Division for Inclusive Social Development, contributing to thematic studies and guidance on Indigenous rights, land, and development.

In 2015, I acted as a consultant for the UN Expert Mechanism of the Rights of Indigenous Peoples (EMRIP) study on the rights of indigenous peoples’ with respect to their cultural heritage, this involved consultations with key stakeholders, concerned Indigenous representative and International organisations to develop the report entitled: “Promotion and protection of the rights of indigenous peoples with respect to their cultural heritage”.

My expertise on the rights to land under international law came to fruition when the United Nations Committee on Economic, Social and Cultural Rights adopted its new General Comment in December 2022 on the human rights to land. This new interpretation comes as a key international legal interpretation to support the recognition of the rights to lands and natural resources of many deprived communities. This has been part of a long term effort to support the work of this committee on this issue since 2015 to gather a coalition of supportive NGOs to push for such new legal interpretation. This work was done in collaboration with Minority Rights Group International. See the report analysing land rights as a human rights issue.

Policy work for law reforms at national levels

Based on my academic work on land rights as human rights, I have been involved and supported policy reforms in several countries regarding land rights legislation. This involved consultancy work with the Rainforest Foundation UK in their effort to support law reform on forestry and land rights in the the Congo Basin. In 2012-2023, I conducted multiple interviews and policy briefings with various ministers of the Central African Republic following the country’s ratification of the ILO Convention 169. To support the implementation of this treaty in the national settings, I conducted a review of the various laws and policies of the country to support their alignment with international law. In 2013, I conducted a study Community Forests in the Congo Basin (Review of the national legislations in Gabon, Central African Republic, Democratic Republic of Congo) and another study on Zoning in the Democratic Republic of Congo, (Review and analysis on the zoning process in the DRC).

Litigation Experience

  • Expert Opinion, Caso pueblo indígena U’wa y sus miembros v. Colombia – Inter-American Court of Human Rights – Ref.: CDH-17-2020/028 – April 2023
  • Legal Adviser: Tsumib and Others v Goverment of the Republic of Namibia and Others (SA 53 of 2019) [2022] NASC 6 (16 March 2022)
  • Expert Witness, Case of the Kaliña and Lokono Peoples against the Republic of Suriname, Inter-American Court of Human Rights, 4 February 2015
  • Expert Affidavit on behalf of United Organisation for Batwa Development in Uganda (UOBDO) and 11 others v. The Attorney General and 2 Others – Constitutional Court of Uganda (Constitutional Petition 3 of 2011) [2021] UGCC 22 (19 August 2021)
  • Legal Adviser: Roy Sesana, Keiwa Setlhobogw & Others v. The Attorney General, High Court of Botswana, (Mis. No 52 of 2002), 13 December 2006 – Lawyer: Gordon Bennett (UK)
  • Legal brief: Sejdić and Finci v. Bosnia and Herzegovina (applications nos. 27996/06 and 34836/06), European Court of Human Rights (2009)
  • Legal brief: CEMIRIDE, Minority rights group international & Ogiek Peoples Development Programme (on behalf of the Ogiek Community) v Republic of Kenya: African Commission on Human and Peoples’ Rights-submission on admissibility (2011);
  • Legal brief: Ogiek Peoples Development Programme (on behalf of the Ogiek Community) v Republic of Kenya: African Court of Human and Peoples’ Rights (2013).

Legal & Legislative Drafting

  • Drafting of the new constitution of the Central African Republic (part of consortium), October 2014.
  • Drafting of a new Legislation on Indigenous Peoples’ Rights (Proposition de Loi Portant Protection et Promotion des droits des peuples autochtones), Democratic Republic of Congo, Draft law presented to Parliament in June 2014.
  • Review of new Land Legislation (Loi Portant code domanial et Foncier de la République Centrafricaine), Central African Republic, May 2012.

Diplomatic/Policy Statements

  • ‘Land Grabbing and Indigenous Peoples’ Sustainable Development’, Expert Meeting of the Permanent Forum on Indigenous Issues, United Nations, 26 January 2018
  • ‘Rights-based approaches to redress inequalities”, Evaluating approaches to overcome disparities”, International Fund for Agricultural Development in May 2018.
  • ‘Strategic Litigation Impacts – Indigenous Peoples’ Land Rights’, United Nations Permanent Forum on Indigenous Issues, 26 April 2017.
  • Expert panelist, Negotiations on the Draft Declaration on the Rights of Peasants, United Nations, Geneva, 1 November 2016
  • “Secure Land – Land Rights as Human Rights?”, European Parliament’s Committee on Development, Roundtable Panel, EU Pavilion at Expo Milan, 15 October 2015
  • “The European Court of Human Rights within the British Media”, (La Cour EDH dans la presse britannique”), European Court of Human Rights, 24-25 October 2013.
  • “Mainstreaming Human Rights in Treaties and Agreements between States and Indigenous Peoples”, Working Paper, United Nations Expert Seminar on Treaties and other arrangements between States and Indigenous Peoples, Invited Independent Expert, Geneva, 12-15 December 2003 (UN Doc. E/CN.4/Sub.2/AC.4/2004/7)